Indiana criminal charge
Transferring contaminated body fluids in Indiana
Transferring contaminated body fluids is a criminal offense under Indiana law, defined by Ind. Code § 35-45-21-1. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-45-21-1.
What is the penalty for transferring contaminated body fluids in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 6 years (Transferring contaminated body fluids - base offense — A person recklessly, knowingly, or intentionally donates, sells, or transfers blood or semen for artificial insemination that contains HIV.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Transferring contaminated body fluids - base offense — A person recklessly, knowingly, or intentionally donates, sells, or transfers blood or semen for artificial insemination that contains HIV.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 3 years to 16 years (Transferring contaminated body fluids - transmission results — The offense under subsection (b) results in the actual transmission of HIV to a person other than the defendant.; fixed term; advisory sentence 9 years) | presumptive | Ind. Code § 35-50-2-5 |
| Fine | up to $10,000 (Transferring contaminated body fluids - transmission results — The offense under subsection (b) results in the actual transmission of HIV to a person other than the defendant.) | discretionary | Ind. Code § 35-50-2-5 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is transferring contaminated body fluids classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Transferring contaminated body fluids - base offense | Level 5 Felony | A person recklessly, knowingly, or intentionally donates, sells, or transfers blood or semen for artificial insemination that contains HIV. | Ind. Code § 35-45-21-1(b) |
| Transferring contaminated body fluids - transmission results | Level 3 Felony | The offense under subsection (b) results in the actual transmission of HIV to a person other than the defendant. | Ind. Code § 35-45-21-1(c) |
Common questions about transferring contaminated body fluids in Indiana
Is transferring contaminated body fluids a felony or a misdemeanor in Indiana?
It depends on the circumstances: transferring contaminated body fluids ranges from a Level 5 Felony to a Level 3 Felony in Indiana under Ind. Code § 35-45-21-1.
Transferring contaminated body fluids - base offense: Level 5 Felony (Ind. Code § 35-45-21-1(b)) · Transferring contaminated body fluids - transmission results: Level 3 Felony (Ind. Code § 35-45-21-1(c))
What are the penalties for transferring contaminated body fluids in Indiana?
Which Indiana statute covers transferring contaminated body fluids?
Transferring contaminated body fluids is governed by Ind. Code § 35-45-21-1 (Transferring contaminated body fluids).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.