North Dakota

Number of reported cases At least 5 How do we calculate the number of cases

Overview

For a comprehensive overview and analysis of HIV-related criminal and similar laws and policies in North Dakota, visit The Center for HIV Law and Policy: http://www.hivlawandpolicy.org/states/north-dakota

Laws

12.1-20-17. Transfer of body fluid that may contain the human immunodeficiency virus

HIV-specific criminal law (active)
Year enacted
2017
Relevant text of the law

12.1-20-17. Transfer of body fluid that may contain the human immunodeficiency virus – Definitions – Defenses – Penalty.

  1. As used in this section, unless the context otherwise requires:
    1. “Body fluid” means semen, irrespective of the presence of spermatozoa; blood; or vaginal secretion.
    2. “Transfer” means to engage in sexual activity by genital-genital contact, oral-genital contact, or anal-genital contact, or to permit the reuse of a hypodermic syringe, needle, or similar device without sterilization.
  2. A person who, knowing that that person is or has been afflicted with acquired immune deficiency syndrome, afflicted with acquired immune deficiency syndrome related complexes, or infected with the human immunodeficiency virus, willfully transfers any of that person’s body fluid to another person is guilty of a class A felony.
  3. It is an affirmative defense to a prosecution under this section that if the transfer was by sexual activity, the sexual activity took place between consenting adults after full disclosure of the risk of such activity and with the use of an appropriate prophylactic device.

Further resources

Not all laws used to prosecute people living with HIV in this state are included on this page. For a comprehensive overview and analysis of HIV-related criminal and similar laws and policies, visit The Center for HIV Law and Policy

Acknowledgements

This information was last reviewed in April 2020