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Indiana statute

Ind. Code § 35-45-21-1 — Transferring contaminated body fluids

Current through 2026 Regular Session

Part of Chapter 21: Offenses Against Public Health, Indiana Code.

Criminal charges under this statute

Full text of Ind. Code § 35-45-21-1

Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.

Ind. Code § 35-45-21-1Primary source, current through the 2026 Regular Session
Sec. 1. (a) As used in this section, "blood" has the meaning set forth in IC 16-41-12-2.5 . (b) A person who recklessly, knowingly, or intentionally donates, sells, or transfers blood or semen for artificial insemination (as defined in IC 16-41-14-2 ) that contains the human immunodeficiency virus (HIV) commits transferring contaminated body fluids, a Level 5 felony. (c) However, the offense under subsection (b) is a Level 3 felony if it results in the transmission of the human immunodeficiency virus (HIV) to any person other than the defendant. (d) This section does not apply to: (1) a person who, for reasons of privacy, donates, sells, or transfers blood at a blood center (as defined in IC 16-41-12-3 ) after the person has notified the blood center that the blood must be disposed of and may not be used for any purpose; (2) a person who transfers blood semen, or another body fluid that contains the human immunodeficiency virus (HIV) for research purposes; or (3) a person who is an autologous blood donor for stem cell transplantation.

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Legal terms used in this section

Questions this section answers

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))

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).

This reference is informational and is not legal advice.