South Dakota Codified Laws Section 22-18-31 provides that: It is unlawful for any person, knowing himself or herself to be infected with HIV, to intentionally expose another person to infection by (1) engaging in sexual intercourse or other intimate physical contact with another person; (2) transferring, donating or providing blood, tissue, semen, organs or other potentially infectious body fluids or parts for administration to another person in any manner that presents a significant risk of HIV infection; (3) transferring in any way to another person any nonsterile intravenous or intramuscular drug paraphernalia that has been contaminated by himself or herself; or by (4) causing blood or semen to some in contact with another person for the purpose of exposing that person to HIV infection. Violation of these provision is a class 3 felony.
An arrest and conviction can change everything. Fines or time in jail are the immediate concern, but a conviction will also mean a criminal record that can make it harder to find a job and housing for years to come. If you are arrested or learn you are under investigation, the first thing you should do is contact an experienced criminal defense attorney. You can search LawInfo’s legal directory to find a local criminal defense attorney who can protect your rights, lay out your options, and help you determine the best way to proceed with mounting a defense and limiting potential penalties.