Battery by body waste
Sec. 6. (a) As used in this section, "corrections officer" includes
a person employed by:
(1) the department of correction;
(2) a law enforcement agency;
(3) a county jail; or
(4) a circuit, superior, county, probate, city, or town court.
(b) As used in this section, "human immunodeficiency virus
(HIV)" includes acquired immune deficiency syndrome (AIDS) and
AIDS related complex.
(c) A person who knowingly or intentionally in a rude, insolent,
or angry manner places blood or another body fluid or waste on a law
enforcement officer or a corrections officer identified as such and
while engaged in the performance of official duties or coerces
another person to place blood or another body fluid or waste on the
law enforcement officer or corrections officer commits battery by
body waste, a Class D felony. However, the offense is:
(1) a Class C felony if the person knew or recklessly failed to
know that the blood, bodily fluid, or waste was infected with:
(A) hepatitis B;
(B) HIV; or
(C) tuberculosis;
(2) a Class B felony if:
(A) the person knew or recklessly failed to know that the
blood, bodily fluid, or waste was infected with hepatitis B
and the offense results in the transmission of hepatitis B to
the other person; or
(B) the person knew or recklessly failed to know that the
blood, bodily fluid, or waste was infected with tuberculosis
and the offense results in the transmission of tuberculosis to
the other person; and
(3) a Class A felony if:
(A) the person knew or recklessly failed to know that the
blood, bodily fluid, or waste was infected with HIV; and
(B) the offense results in the transmission of HIV to the
other person.
(d) A person who knowingly or intentionally in a rude, an
insolent, or an angry manner places human blood, semen, urine, or
fecal waste on another person commits battery by body waste, a
Class A misdemeanor. However, the offense is:
(1) a Class D felony if the person knew or recklessly failed to
know that the blood, semen, urine, or fecal waste was infected
with:
(A) hepatitis B;
(B) HIV; or
(C) tuberculosis;
(2) a Class C felony if:
(A) the person knew or recklessly failed to know that the
blood, semen, urine, or fecal waste was infected with
hepatitis B and the offense results in the transmission of
hepatitis B to the other person; or
(B) the person knew or recklessly failed to know that the
blood, semen, urine, or fecal waste was infected with
tuberculosis and the offense results in the transmission of
tuberculosis to the other person; and
(3) a Class B felony if:
(A) the person knew or recklessly failed to know that the
blood, semen, urine, or fecal waste was infected with HIV;
and
(B) the offense results in the transmission of HIV to the
other person.
As added by P.L.298-1995, SEC.1. Amended by P.L.88-2002, SEC.1;
P.L.85-2004, SEC.53.
Last modified: May 24, 2006