T.P.I. -- CRIM. 6.06

CRIMINAL EXPOSURE TO HIV

            Any person who commits the offense of criminal exposure to HIV is guilty of a crime.

            For you to find the defendant guilty of this offense, the state must have proven beyond a reasonable doubt the existence of the following essential elements:¹

            (1)  that the defendant knew that  [he] [she] was infected with HIV;

and

            (2)(a)  that the defendant knowingly engaged in intimate contact with

                       another;

or

                (b)  that the defendant knowingly transferred, donated, or provided the

                       defendant's own blood, tissue, semen, organs, or other potentially

                       infectious bodily fluids or parts for transfusion, transplantation,

                       insemination, or other administration to another in any manner that

                       presents a significant risk of HIV transmission;

or

                (c)  that the defendant knowingly dispensed, delivered, exchanged, sold,

                       or in any other way transferred to another any nonsterile intravenous

                       or intramuscular drug paraphernalia.

            There is no requirement that the state prove the actual transmission of HIV for you to find the defendant guilty of this offense.²

            "HIV" means the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome.³

            ["Intimate contact with another" means the exposure of the body of one (1) person to the bodily fluid of another person in any manner that presents a significant risk of HIV transmission.]⁴

            ["Intravenous or intramuscular drug paraphernalia" means any equipment, product, or material of any kind which is peculiar to and marketed for use in injecting a substance into the human body.]⁵

            "Knowingly" means that a person acts knowingly with respect to the conduct or to circumstances surrounding the conduct when the person is aware of the nature of the conduct or that the circumstances exist.  A person acts knowingly with respect to a result of the person's conduct when the person is aware that the conduct is reasonably certain to cause the result.⁶

            The requirement of "knowingly" is also established if it is shown that the defendant acted intentionally.⁷

            "Intentionally" means that a person acts intentionally with respect to the nature of the conduct or to a result of the conduct when it is the person's conscious objective or desire to engage in the conduct or cause the result.⁸

FOOTNOTES

  1.  Tenn. Code Ann. § 39-13-109(a).

  2.  Tenn. Code Ann. § 39-13-109(d).

  3.  Tenn. Code Ann. § 39-13-109(b)(1).

  4.  Tenn. Code Ann. § 39-13-109(b)(2).

  5.  Tenn. Code Ann. § 39-13-109(b)(3).

  6.  Tenn. Code Ann. § 39-11-106(a)(20).

  7.  Tenn. Code Ann. § 39-11-301(a)(2).

  8.  Tenn. Code Ann. § 39-11-106(a)(31).

COMMENTS

            1.  Criminal exposure to HIV is a Class C felony.  Tenn. Code Ann. §39-13-109(f).

            2.  For the affirmative defense of consent to criminal exposure to HIV, see T.P.I. -- CRIM. 40.18 (Affirmative defense: Consent)  and Tenn. Code Ann. § 39-13-109(c).