Official Code of Georgia Annotated

Title 16. CRIMES AND OFFENSES · Chapter 5. CRIMES AGAINST THE PERSON · Article 4. RECKLESS CONDUCT

16-5-60. Reckless conduct causing harm to or endangering the bodily safety of another; conduct by HIV infected persons.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
1. (1)
  Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1.#
2. (2)
  As used in this Code section, the term “person living with HIV” means a person who has a confirmed positive HIV test, whether or not that person has AIDS, or who has been clinically diagnosed as having AIDS.#
(b)
1. (1)
  As used in this subsection, the terms “independent activity,” “legal custodian,” and “neglect” shall have the same meaning as provided in Code Section 15-11-2.#
2. (2)
  A person who causes bodily harm to or endangers the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk that his or her act or omission will cause harm or endanger the safety of the other person and the disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation is guilty of a misdemeanor; provided, however, that it shall not be a violation of this subsection for a legal custodian to permit a child to engage in one or more independent activities unless doing so constitutes neglect.#
(c)
A person living with HIV who:#
1. (1)
  Knowingly engages in a sexual act with the intent to transmit HIV and does not disclose his or her status as being a person living with HIV to the other person prior to that sexual act when such act has a significant risk of transmission based on current scientifically supported levels of risk of transmission; provided, however, that this paragraph shall not apply to a person living with HIV who is forced into a sexual act against his or her will; or#
2. (2)
  Offers or consents to perform with another person a sexual act for money with the intent to transmit HIV without disclosing his or her status as being a person living with HIV to that other person prior to offering or consenting to perform the sexual act when such act has a significant risk of transmission based on current scientifically supported levels of risk of transmission, is guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not more than five years.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1933, § 26-2910, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1988, p. 1799, § 3; Ga. L. 2003, p. 306, § 1; Ga. L. 2022, p. 663, § 2/SB 164; Ga. L. 2025, p. 718, § 2/SB 110, effective July 1, 2025.

Amendments

The 2022 amendment, effective July 1, 2022, designated the existing provisions of subsection (a) as paragraph (a)(1); added paragraph (a)(2); inserted “or her” in the middle of subsection (b); rewrote subsection (c); and deleted subsection (d), which read: “(d) A person who is an HIV infected person or hepatitis infected person and who, after obtaining knowledge of being infected with HIV or hepatitis, commits an assault with the intent to transmit HIV or hepatitis, using his or her body fluids (blood, semen, or vaginal secretions), saliva, urine, or feces upon: “(1) A peace officer while the peace officer is engaged in the performance of his or her official duties or on account of the peace officer’s performance of his or her official duties; or “(2) A correctional officer while the correctional officer is engaged in the performance of his or her official duties or on account of the correctional officer’s performance of his or her official duties “is guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five nor more than 20 years.” The 2025 amendment, effective July 1, 2025, added paragraph (b)(1), designated the existing provisions of subsection (b) as paragraph (b)(2), and added the proviso at the end of paragraph (b)(2). See Editor’s notes for applicability.

Editor's notes

Ga. L. 2025, p. 718, § 13/SB 110, not codified by the General Assembly, provides, in part, that the amendment of subsection (b) shall apply to offenses committed on or after July 1, 2025.

Law reviews

For note, “HIV No Longer a Death Sentence But Still a Life Sentence: The Constitutionality of HIV Criminalization Under the Eighth Amendment,” see 56 Ga. L. Rev. 1189 (2022).

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t16-ch1-6-(v14)-pdf.pdf, Volume V14, 2019 edition, 2025 supplement, pages 135 to 137; merge action: replaced; file SHA-256 575f9121d25f.

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