Daviess County - Indiana Criminal Code 2022

CRIMINAL LAWAND PROCEDURE

247

intentionally places human: (1) body fluid; or (2) fecal waste;

(b) It is a defense to a prosecution under this section that the person acted with intent to facil itate the lawful seizure, forfeiture, or disposition of funds or other legitimate law enforcement pur pose under Indiana or United States law. (c) It is a defense to a prosecution under this section that: (1) the transaction was necessary to pre serve a person’s right to representation as guaranteed by the Sixth Amendment of the United States Constitution or Article I, Section 13, of the Constitution of the State of Indiana; or (2) the funds were received as bona fide legal fees by a licensed attorney and, at the time of the receipt of the funds, the attor ney did not have actual knowledge that the funds were derived from criminal activity. Chapter 16. Malicious Mischief. 35-45-16-2. Malicious mischief; malicious mischief with food. 35-45-16-2. Malicious mischief; malicious mischief with food. (a) As used in this section, “body fluid” means: (7) urine; (8) sweat; (9) tears; (10) any other liquid produced by the body; or (11) any aerosol generated form of liq uids listed in this subsection. (b) As used in this section, “infectious hepa titis” means: (1) hepatitis A; (2) hepatitis B; (3) hepatitis C; (4) hepatitis D; (5) hepatitis E; or (6) hepatitis G. (c) A person who recklessly, knowingly, or (1) blood; (2) saliva; (3) sputum; (4) semen; (5) vaginal secretions; (6) human milk;

in a location with the intent that another person will involuntarily touch the bodily fluid or fecal waste commits malicious mischief, a Class B misde meanor. (d) An offense described in subsection (c) is a: (1) Level 6 felony if the person knew or recklessly failed to know that the body fluid or fecal waste was infected with: (A) infectious hepatitis; (B) HIV; or (C) tuberculosis; (2) Level 5 felony if:

(A) the person knew or recklessly failed to know that the body fluid or fecal waste was infected with infec tious hepatitis and the offense results in the transmission of infectious hep atitis to another person; or (B) the person knew or recklessly failed to know that the body fluid or fecal waste was infected with tuber culosis and the offense results in the transmission of tuberculosis to another person; and (A) the person knew or recklessly failed to know that the body fluid or fecal waste was infected with HIV; and

(3) Level 4 felony if:

(B) the offense results in the trans mission of HIV to another person. (e) A person who recklessly, knowingly, or intentionally places human: (1) body fluid; or (2) fecal waste; in a location with the intent that another person will ingest the body fluid or fecal waste commits mali cious mischief with food, a Class Amisdemeanor. (f) An offense described in subsection (e) is: (1) a Level 6 felony if the person knew or recklessly failed to know that the body fluid or fecal waste was infected with: (A) infectious hepatitis; (B) HIV; or