18 U.S.C. § 1122

Protection against the human immunodeficiency virus

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(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 or in accordance with all applicable guidelines and regulations made by the Secretary of Health and Human Services under section 377E of the Public Health Service Act, 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; Pub. L. 113–51, § 3, Nov. 21, 2013, 127 Stat. 581.)Editorial NotesReferences in Text

Section 377E of the Public Health Service Act, referred to in subsec. (a), is classified to section 274f–5 of Title 42, The Public Health and Welfare.

Amendments

2013—Subsec. (a). Pub. L. 113–51 inserted “or in accordance with all applicable guidelines and regulations made by the Secretary of Health and Human Services under section 377E of the Public Health Service Act” after “research or testing”.

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”.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2008–2024 · leading case: United States v. Polizzi

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United States v. Polizzi (2008) nyed “§ 1121 (b)(1) Killing of a state correctional officer by an inmate 20 years 18 U.S.C. § 1122 Selling or donating, or the attempt to do so, of HIV positive 1 year tissue or bodily fluids to another person for subsequent use other than medical research 18 U.”

OUTMemphis v. Lee (2024) tnwd · cites it 2× “all government purposes served by 18 U.S.C. § 1122 ,”2 and 9, asking the USA to “Identify and describe all government purposes served by Department of Defense Instruction 6130.”

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