Tennessee Code Annotated
Tenn. Code Ann. § 39-13-109 (2026)
Criminal exposure to HIV, HBV, HCV - Defenses - Penalty
✓ current as of May 2026
- (a) A person commits the offense of criminal exposure of another to human immunodeficiency virus (HIV), to hepatitis B virus (HBV), or to hepatitis C virus (HCV) when, knowing that the person is infected with HIV, with HBV, or with HCV, the person knowingly:
- (1) Engages in intimate contact with another;
- (2) Transfers, donates, or provides blood, tissue, semen, organs, or other potentially infectious body fluids or parts for transfusion, transplantation, insemination, or other administration to another in any manner that presents a significant risk of HIV, HBV or HCV transmission; or
- (3) Dispenses, delivers, exchanges, sells, or in any other way transfers to another any nonsterile intravenous or intramuscular drug paraphernalia.
- (b) As used in this section:
- (1) "HIV" means the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome;
- (2) "Intimate contact with another" means the exposure of the body of one person to a bodily fluid of another person in any manner that presents a significant risk of HIV, HBV or HCV transmission; and
- (3) "Intravenous or intramuscular drug paraphernalia" means any equipment, product, or material of any kind that is peculiar to and marketed for use in injecting a substance into the human body.
- (c)
- (1) It is an affirmative defense to prosecution under this section, which must be proven by a preponderance of the evidence, that the person exposed to HIV knew that the infected person was infected with HIV, knew that the action could result in infection with HIV, and gave advance consent to the action with that knowledge.
- (2) It is an affirmative defense to prosecution under this section, which must be proven by a preponderance of the evidence, that the person exposed to HBV knew that the infected person was infected with HBV, knew that the action could result in infection with HBV, and gave advance consent to the action with that knowledge.
- (3) It is an affirmative defense to prosecution under this section, which must be proven by a preponderance of the evidence, that the person exposed to HCV knew that the infected person was infected with HCV, knew that the action could result in infection with HCV, and gave advance consent to the action with that knowledge.
- (d)
- (1) Nothing in this section shall be construed to require the actual transmission of HIV in order for a person to have committed the offense of criminal exposure of another to HIV.
- (2) Nothing in this section shall be construed to require the actual transmission of HBV in order for a person to have committed the offense of criminal exposure to HBV.
- (3) Nothing in this section shall be construed to require the actual transmission of HCV in order for a person to have committed the offense of criminal exposure to HCV.
- (e)
- (1) Criminal exposure of another to HIV is a Class C felony.
- (2) Criminal exposure of another to HBV or HCV is a Class A misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000), restitution to the victim or victims, or both a fine and restitution. The clerk shall transmit all money collected from a fine imposed for a violation of this section to the criminal injuries compensation fund created pursuant to § 40-24-107. In addition, a victim of criminal exposure HBV or HCV may maintain an action for the expenses and the actual loss of service resulting from such exposure.
Acts 1994, ch. 952, § 2; 2011, ch. 185, §§ 1-7.
Notes of Decisions
Cited in 13
cases, 1999–2014 · leading case: State v. Bonds, 189 S.W.3d 249 (Tenn. Crim. App. 2005).
State v. Bonds, 189 S.W.3d 249 (Tenn. Crim. App. 2005). “See Tenn.Code Ann. § 39-13-109. 3 .It is the practice of this Court to identify juvenile victims of sexual offenses by their initials only.”
State of Tennessee v. Barry H. Hogg, 448 S.W.3d 877 (Tenn. 2014). “2013), seven counts of criminal exposure of another to HIV, Tenn.Code Ann. § 39-13-109 (2010 & Supp.2013), and six counts of aggravated statutory rape, Tenn.”
State of Tennessee v. Ronnie Ingram (Tenn. Crim. App. 2012). “” T.C.A. § 39-13-109. “‘Intimate contact with another’ means exposure of the body of one person to a bodily fluid of another person in any manner that presents a significant risk of HIV transmission.”
State of Tennessee v. Robert Brown Sr. (Tenn. Crim. App. 2013). “” Tenn. Code Ann. § 39-13-109 (a)(1) (2010).”
State of Tennessee v. Freeman Ray Harrison, Jr. (Tenn. Crim. App. 2013). “The Defendant further notes that the Legislature has recently amended Tennessee Code Annotated section 39-13-109 to include the type of behavior charged in the indictment, making it an offense for a person, who knows they are infected with HIV, HBV, or HCV, to subject another…”
State of Tennessee v. Barry H. Hogg (Tenn. Crim. App. 2013). “” T.C.A. § 39-13-109. “ ‘Intimate contact with another’ means exposure of the body of one person to a bodily fluid of another person in any manner that presents a significant risk of HIV transmission.”
State of Tennessee v. David Schroeder (Tenn. Crim. App. 2011). “The defendant admitted pleading guilty to introduction of contraband into a penal facility in 2006, for which he received nine 1 As charged in this case, Tennessee Code Annotated section 39-13-109 provides: “A person commits the offense of criminal exposure of another to human…”
State of Tennessee v. Tarrants Chandler (Tenn. Crim. App. 2014). “Tennessee Code Annotated section 39-13-109 states that a person commits the offense of criminal exposure of another to human immunodeficiency virus (“HIV”) when, knowing that the person is infected with HIV, the person knowingly engages in intimate contact with another.”
State of Tennessee v. Robert Morrow (Tenn. Crim. App. 2001). “See Tenn. Code Ann. §§ 39-13-109 (exposure to HIV), -305 (especially aggravated kidnapping), -502 (aggravated rape) (1997).”
State of Tennessee v. Russell Brown (Tenn. Crim. App. 2014). “The Defendant’s contention that the victim told the Defendant that he suffered from AIDS does not alter our conclusion.”
State v. Martin Charles Jones (Tenn. Crim. App. 2000). “§ 39-13-109, -506. Thus, the Appellant correctly argues that he is statutorily eligible for probation.”
State v. Chester Lebron Bennett (Tenn. Crim. App. 2000). “§ 39-13-109(a)(1) (1997). The plea agreement provided that the Appellant's sentences would run concurrently; however, both the length and manner of service of the sentences were submitted to the trial court for determination.”
Tenn. Code Ann. § 39-13-109(a): 1 case
State of Tennessee v. Russell Brown (Tenn. Crim. App. 2014). “The Defendant’s contention that the victim told the Defendant that he suffered from AIDS does not alter our conclusion.”
Tenn. Code Ann. § 39-13-109(a)(1): 4 cases
State v. Bonds, 189 S.W.3d 249 (Tenn. Crim. App. 2005). “See Tenn.Code Ann. § 39-13-109. 3 .It is the practice of this Court to identify juvenile victims of sexual offenses by their initials only.”
State of Tennessee v. David Schroeder (Tenn. Crim. App. 2011). “The defendant admitted pleading guilty to introduction of contraband into a penal facility in 2006, for which he received nine 1 As charged in this case, Tennessee Code Annotated section 39-13-109 provides: “A person commits the offense of criminal exposure of another to human…”
State of Tennessee v. Tarrants Chandler (Tenn. Crim. App. 2014). “Tennessee Code Annotated section 39-13-109 states that a person commits the offense of criminal exposure of another to human immunodeficiency virus (“HIV”) when, knowing that the person is infected with HIV, the person knowingly engages in intimate contact with another.”
State v. Chester Lebron Bennett (Tenn. Crim. App. 2000). “§ 39-13-109(a)(1) (1997). The plea agreement provided that the Appellant's sentences would run concurrently; however, both the length and manner of service of the sentences were submitted to the trial court for determination.”
Tenn. Code Ann. § 39-13-109(a)(l): 1 case
State of Tennessee v. Barry H. Hogg, 448 S.W.3d 877 (Tenn. 2014). “2013), seven counts of criminal exposure of another to HIV, Tenn.Code Ann. § 39-13-109 (2010 & Supp.2013), and six counts of aggravated statutory rape, Tenn.”
Tenn. Code Ann. § 39-13-109(b)(2): 2 cases
State v. Bonds, 189 S.W.3d 249 (Tenn. Crim. App. 2005). “See Tenn.Code Ann. § 39-13-109. 3 .It is the practice of this Court to identify juvenile victims of sexual offenses by their initials only.”
State of Tennessee v. Robert Brown Sr. (Tenn. Crim. App. 2013). “” Tenn. Code Ann. § 39-13-109 (a)(1) (2010).”
Tenn. Code Ann. § 39-13-109(c): 1 case
State v. Bonds, 189 S.W.3d 249 (Tenn. Crim. App. 2005). “See Tenn.Code Ann. § 39-13-109. 3 .It is the practice of this Court to identify juvenile victims of sexual offenses by their initials only.”
Tenn. Code Ann. § 39-13-109(d): 3 cases
State v. Bonds, 189 S.W.3d 249 (Tenn. Crim. App. 2005). “See Tenn.Code Ann. § 39-13-109. 3 .It is the practice of this Court to identify juvenile victims of sexual offenses by their initials only.”
State of Tennessee v. Barry H. Hogg, 448 S.W.3d 877 (Tenn. 2014). “2013), seven counts of criminal exposure of another to HIV, Tenn.Code Ann. § 39-13-109 (2010 & Supp.2013), and six counts of aggravated statutory rape, Tenn.”
State of Tennessee v. Ronnie Ingram (Tenn. Crim. App. 2012). “” T.C.A. § 39-13-109. “‘Intimate contact with another’ means exposure of the body of one person to a bodily fluid of another person in any manner that presents a significant risk of HIV transmission.”
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