Idaho Code
Idaho Code § 39-608 (2026)
Transfer of body fluid which may contain the HIV virus — Punishment — Definitions — Defenses.
✓ current as of May 2026
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Transfer of body fluid which may contain the HIV virus — Punishment — Definitions — Defenses.
(1) Any person who exposes another in any manner with the intent to infect or, knowing that he or she is or has been afflicted with acquired immunodeficiency syndrome (AIDS), AIDS related complexes (ARC), or other manifestations of human immunodeficiency virus (HIV) infection, transfers or attempts to transfer any of his or her body fluid, body tissue or organs to another person is guilty of a felony and shall be punished by imprisonment in the state prison for a period not to exceed fifteen (15) years, by fine not in excess of five thousand dollars ($5,000), or by both such imprisonment and fine.
(2) Definitions. As used in this section:
(a) "Body fluid" means semen (irrespective of the presence of spermatozoa), blood, saliva, vaginal secretion, breast milk, and urine.
(b) "Transfer" means engaging in sexual activity by genital-genital contact, oral-genital contact, anal-genital contact; or permitting the use of a hypodermic syringe, needle, or similar device without sterilization; or giving, whether or not for value, blood, semen, body tissue, or organs to a person, blood bank, hospital, or other medical care facility for purposes of transfer to another person.
(3) Defenses:
(a) Consent. It is an affirmative defense that the sexual activity took place between consenting adults after full disclosure by the accused of the risk of such activity.
(b) Medical advice. It is an affirmative defense that the transfer of body fluid, body tissue, or organs occurred after advice from a licensed physician that the accused was noninfectious.
Notes of Decisions
Cited in 11
cases, 1993–2017 · leading case: State v. Mubita, 188 P.3d 867 (Idaho 2008).
State v. Mubita, 188 P.3d 867 (Idaho 2008). “” 4 In response to this information, the prosecutor’s office sent a letter to the Health Department, requesting disclosure of “whatever information your agency may possess in regard to an adult male resident of Latah County who has tested positive for the HIV virus and who is…”
State v. Lewis, 848 P.2d 394 (Idaho 1993). “On appeal, Lewis contends that he was tried for the crime of lewd conduct in violation of the Double Jeopardy Clause of the United States Constitution based upon the claim that a previous charge (knowingly transferring a bodily fluid containing the HIV virus, I.C. § 39-608)…”
State v. Thomas, 983 P.2d 245 (Idaho Ct. App. 1999). “A jury found Kerty Stephen Thomas guilty of transferring body fluid which may contain the HTV virus, a felony, in violation of I.C. § 39-608. The court sentenced Thomas to serve a unified fifteen-year sentence, with seven years fixed.”
State v. Kerry S. Thomas, 297 P.3d 268 (Idaho Ct. App. 2013). “3, 2011) (unpublished), as follows: Thomas was arrested and charged with seven counts of transfer of body fluid which may contain HIV, Idaho Code § 39-608 . At the time, Thomas was on parole for a 1997 conviction of this same crime, and when the allegations in this ease were…”
Thomas v. State, 389 P.3d 200 (Idaho Ct. App. 2017). “FACTUAL AND PROCEDURAL BACKGROUND Thomas pled guilty to two counts of transfer of body fluid which may contain the HIV virus, Idaho Code § 39-608 . He filed a timely amended petition for post-conviction relief, alleging ineffective assistance of trial counsel.”
People v. Jensen, 586 N.W.2d 748 (Mich. Ct. App. 1998). “See Idaho Code 39-608 (“Any person who exposes another in any manner with the intent to infect or, knowing that he or she is or has been afflicted with [aids, aec, or mv], transfers or attempts to transfer any of his or her body fluid, body tissue or organs to another person is…”
State v. Lewis, 848 P.2d 394 (Idaho 1993). “Idaho Code § 39-608 , the statute under which Lewis was originally prosecuted, specifically defines "transfer," an essential element of the crime (absent a specific intent to infect), as "engaging in sexual activity by genital-genital contact, oral-genital contact, [or]…”
Kerry Stephen Thomas v. State (Idaho Ct. App. 2017). “FACTUAL AND PROCEDURAL BACKGROUND Thomas pled guilty to two counts of transfer of body fluid which may contain the HIV virus, Idaho Code § 39-608 . He filed a timely amended petition for post-conviction relief, alleging ineffective assistance of trial counsel.”
Kanay A. Mubita v. State (Idaho Ct. App. 2012). “FACTS AND PROCEDURE On March 30, 2006, a jury found Mubita guilty of eleven felony counts of transfer of bodily fluid which may contain the human immunodeficiency virus (HIV), in violation of Idaho Code § 39-608 . The district court imposed consecutive unified sentences of four…”
State v. Kerry Stephen Thomas (Idaho Ct. App. 2011). “FACTUAL AND PROCEDURAL BACKGROUND Thomas was arrested and charged with seven counts of transfer of body fluid which may contain HIV, Idaho Code § 39-608 . At the time, Thomas was on parole for a 1997 conviction of this same crime, and when the allegations in this case were…”
Kanay Mubita v. Daniel Weaver, 483 F. App'x 312 (9th Cir. 2012). “Mubita concedes that the police could lawfully have issued a press release stating simply that he had been arrested for a violation of Idaho Code § 39-608 . Indeed, that concession is dictated by Paul v.”
— Idaho Code § 39-608(1) — 3 cases
State v. Mubita, 188 P.3d 867 (Idaho 2008). “” 4 In response to this information, the prosecutor’s office sent a letter to the Health Department, requesting disclosure of “whatever information your agency may possess in regard to an adult male resident of Latah County who has tested positive for the HIV virus and who is…”
State v. Lewis, 848 P.2d 394 (Idaho 1993). “On appeal, Lewis contends that he was tried for the crime of lewd conduct in violation of the Double Jeopardy Clause of the United States Constitution based upon the claim that a previous charge (knowingly transferring a bodily fluid containing the HIV virus, I.C. § 39-608)…”
State v. Lewis, 848 P.2d 394 (Idaho 1993). “Idaho Code § 39-608 , the statute under which Lewis was originally prosecuted, specifically defines "transfer," an essential element of the crime (absent a specific intent to infect), as "engaging in sexual activity by genital-genital contact, oral-genital contact, [or]…”
— Idaho Code § 39-608(2) — 1 case
State v. Mubita, 188 P.3d 867 (Idaho 2008). “” 4 In response to this information, the prosecutor’s office sent a letter to the Health Department, requesting disclosure of “whatever information your agency may possess in regard to an adult male resident of Latah County who has tested positive for the HIV virus and who is…”
— Idaho Code § 39-608(2)(a) — 2 cases
State v. Lewis, 848 P.2d 394 (Idaho 1993). “On appeal, Lewis contends that he was tried for the crime of lewd conduct in violation of the Double Jeopardy Clause of the United States Constitution based upon the claim that a previous charge (knowingly transferring a bodily fluid containing the HIV virus, I.C. § 39-608)…”
State v. Lewis, 848 P.2d 394 (Idaho 1993). “Idaho Code § 39-608 , the statute under which Lewis was originally prosecuted, specifically defines "transfer," an essential element of the crime (absent a specific intent to infect), as "engaging in sexual activity by genital-genital contact, oral-genital contact, [or]…”
— Idaho Code § 39-608(2)(b) — 2 cases
State v. Lewis, 848 P.2d 394 (Idaho 1993). “On appeal, Lewis contends that he was tried for the crime of lewd conduct in violation of the Double Jeopardy Clause of the United States Constitution based upon the claim that a previous charge (knowingly transferring a bodily fluid containing the HIV virus, I.C. § 39-608)…”
State v. Lewis, 848 P.2d 394 (Idaho 1993). “Idaho Code § 39-608 , the statute under which Lewis was originally prosecuted, specifically defines "transfer," an essential element of the crime (absent a specific intent to infect), as "engaging in sexual activity by genital-genital contact, oral-genital contact, [or]…”
— Idaho Code § 39-608(3)(a) — 2 cases
State v. Lewis, 848 P.2d 394 (Idaho 1993). “On appeal, Lewis contends that he was tried for the crime of lewd conduct in violation of the Double Jeopardy Clause of the United States Constitution based upon the claim that a previous charge (knowingly transferring a bodily fluid containing the HIV virus, I.C. § 39-608)…”
State v. Lewis, 848 P.2d 394 (Idaho 1993). “Idaho Code § 39-608 , the statute under which Lewis was originally prosecuted, specifically defines "transfer," an essential element of the crime (absent a specific intent to infect), as "engaging in sexual activity by genital-genital contact, oral-genital contact, [or]…”
— Idaho Code § 39-608(3)(b) — 3 cases
State v. Mubita, 188 P.3d 867 (Idaho 2008). “” 4 In response to this information, the prosecutor’s office sent a letter to the Health Department, requesting disclosure of “whatever information your agency may possess in regard to an adult male resident of Latah County who has tested positive for the HIV virus and who is…”
Thomas v. State, 389 P.3d 200 (Idaho Ct. App. 2017). “FACTUAL AND PROCEDURAL BACKGROUND Thomas pled guilty to two counts of transfer of body fluid which may contain the HIV virus, Idaho Code § 39-608 . He filed a timely amended petition for post-conviction relief, alleging ineffective assistance of trial counsel.”
Kerry Stephen Thomas v. State (Idaho Ct. App. 2017). “FACTUAL AND PROCEDURAL BACKGROUND Thomas pled guilty to two counts of transfer of body fluid which may contain the HIV virus, Idaho Code § 39-608 . He filed a timely amended petition for post-conviction relief, alleging ineffective assistance of trial counsel.”
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