18 U.S.C. § 1122 | Protection against the human immunodeficiency virus

(a)

In General .—

Whoever, after testing positive for the Human Immunodeficiency Virus (HIV) and receiving actual notice of that fact, knowingly donates or sells, or knowingly attempts to donate or sell, blood, semen, tissues, organs, or other bodily fluids for use by another, except as determined necessary for medical research or testing or in accordance with all applicable guidelines and regulations made by the Secretary of Health and Human Services under section 377E of the Public Health Service Act, shall be fined or imprisoned in accordance with subsection (c).

(b)

Transmission Not Required .—

Transmission of the Human Immunodeficiency Virus does not have to occur for a person to be convicted of a violation of this section.

(c)

Penalty .—

Any person convicted of violating the provisions of subsection (a) shall be subject to a fine under this title of not less than $10,000, imprisoned for not less than 1 year nor more than 10 years, or both.

Pub. L. 103–333, title V, § 514Sept. 30, 1994108 Stat. 2574 Pub. L. 104–294, title VI, § 601(a)(5)Oct. 11, 1996110 Stat. 3498 Pub. L. 113–51, § 3Nov. 21, 2013127 Stat. 581(Added , , , § 1118; renumbered § 1122 and amended , , ; , , .)

Editorial Notes

References in Text

section 274f–5 of Title 42Section 377E of the Public Health Service Act, referred to in subsec. (a), is classified to , The Public Health and Welfare.

Amendments

Pub. L. 113–512013—Subsec. (a). inserted “or in accordance with all applicable guidelines and regulations made by the Secretary of Health and Human Services under section 377E of the Public Health Service Act” after “research or testing”.

Pub. L. 104–294, § 601(a)(5)(A)1996—, renumbered section 1118, relating to protection against human immunodeficiency virus, as this section.

Pub. L. 104–294, § 601(a)(5)(B)Subsec. (c). , inserted “under this title” after “fine” and struck out “nor more than $20,000” after “$10,000”.