Criminal Law

Is A Person With Hiv Required To Inform Their Partner Of Their Status, And Can They Donate Blood Or Organs?

South Carolina Code Annotated Section 44-29-145 provides that: It is unlawful for a person who knows that he is infected with HIV to: (1) knowingly engage in sexual intercourse (vaginal, anal, or oral) with another person without first informing that person of his HIV infection; (2) knowingly commit an act of prostitution with another person; (3) knowingly sell or donate blood, blood products, semen, tissue, organs, or other body fluids; (4) forcibly engage in sexual intercourse (vaginal, anal or oral) without the consent of the other person, including one’s legal spouse; or (5) knowingly share with another person a hypodermic needle, syringe, or both, for the introduction or withdrawal of any substance into or from another person’s body without first informing that person that the needle or syringe has been used by someone infected with HIV. Violation of these provisions is a felony punishable by a fine of not more than $5000 or imprisonment for not more than 10 years.