Criminal Offenses

Plain English Breakdown

The bill summary and text do not provide information about the specific fiscal impact or additional resources for individuals affected by the changes.

Changes to Laws About Exposing Others to HIV

This bill changes Tennessee's laws about exposing others to HIV by reducing the punishment for criminal exposure from a Class C felony to a Class B misdemeanor, except if someone actually gets infected.

What This Bill Does

• Reduces the punishment for criminal exposure of another person to HIV from a Class C felony to a Class B misdemeanor unless HIV is transmitted to another person.
• Keeps criminal exposure as a Class C felony if HIV is actually passed on to another person.
• Changes the law in Title 39 of Tennessee Code Annotated.

Who It Names or Affects

• People who are infected with HIV and engage in activities that could expose others to HIV.
• Law enforcement agencies responsible for enforcing these laws.
• Courts and prisons dealing with cases involving criminal exposure of another person to HIV.

Terms To Know

Class B misdemeanor

A less serious crime that can result in a fine or up to six months in jail.

Class C felony

A more serious crime that can lead to imprisonment for three years to 15 years and a large fine.

Limits and Unknowns

• The bill does not specify how the change will affect current cases or individuals.
• It is unclear what additional resources, if any, will be provided to support those affected by these changes.

Official Summary Text

Present law pr
ovides 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
does any of the following:



Engages in intimate contact with another
.



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

transmission
.



Dispenses, delivers, exchanges, sells, or in any other way transfers to another any nonsterile intravenous or intramuscular drug paraphernalia.

Present law provides that

c
riminal exposure of another to HIV is a Class C felony
, punishable by an
authorized term of imprisonment

not less than three

years nor more than 15 years
and a potential fine
not to exceed

$10,000
. This bill generally lowers the classification to a Class B misdemeanor, punishable by an
authorized term of imprisonment

not great
er than six months
,
a fine not to exceed $500, or both
. However, if the person actually transmitted HIV to another, then such criminal exposure of another to HIV remains a Class C felony.

Current Bill Text

SENATE BILL 813
By Yarbro

HOUSE BILL 1106
By Salinas

HB1106
001153
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 39,
relative to criminal offenses.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 39-13-109(e)(1), is amended by
deleting the subdivision and substituting:
(e)
(1)
(A) Criminal exposure of another to HIV is a Class B
misdemeanor.
(B) Criminal exposure of another to HIV if the person transmitted
HIV to another is a Class C felony.
SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it.