Ga. Code § 16-5-60 : CRIMES AND OFFENSES — CRIMES AGAINST THE PERSON — RECKLESS CONDUCT —5-60 - Reckless conduct causing harm to or endangering the bodily safety of another; conduct by HIV infected persons; assault by HIV infected persons or hepatitis infected persons

(a)

(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) 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) 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.

(c) A person living with HIV who:

(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) 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.

OCGA § 16-5-60

Amended by 2022 Ga. Laws 845,§ 2, eff. 7/1/2022.

Amended by 2003 Ga. Laws 54, § 1, eff. 7/1/2003.