CHAPTER 16. MALICIOUS MISCHIEF
IC 35-45-16
Chapter 16. Malicious Mischief
IC 35-45-16-1
"HIV"
Sec. 1. (a) As used in this chapter, "HIV" refers to the human
immunodeficiency virus.
(b) The term includes acquired immune deficiency syndrome
(AIDS) and AIDS related complex.
As added by P.L.88-2002, SEC.2.
IC 35-45-16-2
Malicious mischief
Sec. 2. (a) A person who recklessly, knowingly, or intentionally
places human:
(1) blood;
(2) semen;
(3) urine; or
(4) fecal waste;
in a location with the intent that another person will involuntarily
touch the blood, semen, urine, or fecal waste commits malicious
mischief, a Class B misdemeanor.
(b) An offense described in subsection (a) is a:
(1) Class D felony if the person knew or recklessly failed to
know that the blood, urine, or waste was infected with:
(A) hepatitis B;
(B) HIV; or
(C) tuberculosis;
(2) Class C felony if:
(A) the person knew or recklessly failed to know that the
blood, urine, or waste was infected with hepatitis B and the
offense results in the transmission of hepatitis B to the other
person; or
(B) the person knew or recklessly failed to know that the
waste was infected with tuberculosis and the offense results
in the transmission of tuberculosis to the other person; and
(3) Class B felony if:
(A) the person knew or recklessly failed to know that the
waste was infected with HIV; and
(B) the offense results in the transmission of HIV to the
other person.
(c) A person who recklessly, knowingly, or intentionally places
human:
(1) blood;
(2) body fluid; or
(3) fecal waste;
in a location with the intent that another person will ingest the blood,
body fluid, or fecal waste, commits malicious mischief with food, a
Class A misdemeanor.
(d) An offense described in subsection (c) is:
(1) a Class D felony if the person knew or recklessly failed to
know that the blood, body fluid, or fecal waste was infected
with:
(A) hepatitis B;
(B) HIV; or
(C) tuberculosis;
(2) a Class C felony if:
(A) the person knew or recklessly failed to know that the
blood, body fluid, or fecal waste was infected with hepatitis
B and the offense results in the transmission of hepatitis B
to the other person; or
(B) the person knew or recklessly failed to know that the
blood, body fluid, or fecal waste was infected with
tuberculosis and the offense results in the transmission of
tuberculosis to the other person; and
(3) a Class B felony if:
(A) the person knew or recklessly failed to know that the
blood, body fluid, or fecal waste was infected with HIV; and
(B) the offense results in the transmission of HIV to the
other person.
As added by P.L.88-2002, SEC.2.