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

 

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