Mississippi Code §97-27-14 passed in 2017 allows for felony criminal prosecution for knowingly exposing another person to a contagious disease such as HIV, Hepatitis B or Hepatitis C.
A person being prosecuted under this statute may raise as a defense to avoid conviction that the alleged victim had prior knowledge of the defendant’s disease and or that the alleged victim consented to the exposure to a known contagious disease.
Endangerment by Bodily Substance in Corrections Setting A subsection of this same statute allows for the criminal prosecution in a corrections setting of a person that attempts to cause or knowingly causes a corrections employee, a visitor or another prisoner to come into contact with blood, semen, urine, feces or saliva. The severity of penalties for Endangerment by Bodily Substances in a Corrections setting are as follows
- Misdemeanor unless person violating section knows he or she is infected with HIV, Hepatitis B or Hepatitis C
- Felony if person violating section knows he or she is infected with HIV, Hepatitis B or Hepatitis C
FELONY CONVICTION
- if convicted SHALL be imprisoned for NOT LESS THAN 3 years
- if convicted SHALL be imprisoned for NOT MORE THAN 10 years
- if convicted, fine of NOT MORE THAN $10,000.00
- OR BOTH jail and fine as stated above
MISDEMEANOR CONVICTION
- if convicted, then SHALL be jailed in county jail for up to 1 year AND
- may be fined $1,000.00
- OR BOTH jail and fine as stated above
*This statute can be used in addition to other basis for prosecution