§1122. Protection against the human immunodeficiency virus

(a) In General.-Whoever, after testing positive for the Human Immunodeficiency Virus (HIV) and receiving actual notice of that fact, knowingly donates or sells, or knowingly attempts to donate or sell, blood, semen, tissues, organs, or other bodily fluids for use by another, except as determined necessary for medical research or testing, shall be fined or imprisoned in accordance with subsection (c).

(b) Transmission Not Required.-Transmission of the Human Immunodeficiency Virus does not have to occur for a person to be convicted of a violation of this section.

(c) Penalty.-Any person convicted of violating the provisions of subsection (a) shall be subject to a fine under this title of not less than $10,000, imprisoned for not less than 1 year nor more than 10 years, or both.

(Added Pub. L. 103–333, title V, §514, Sept. 30, 1994, 108 Stat. 2574 , §1118; renumbered §1122 and amended Pub. L. 104–294, title VI, §601(a)(5), Oct. 11, 1996, 110 Stat. 3498 .)

Amendments

1996-Pub. L. 104–294, §601(a)(5)(A), renumbered section 1118, relating to protection against human immunodeficiency virus, as this section.

Subsec. (c). Pub. L. 104–294, §601(a)(5)(B), inserted "under this title" after "fine" and struck out "nor more than $20,000" after "$10,000".