Endangering a mental health employee, visitor, or another offender, offense of — definitions — violation, penalties.

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Effective - 28 Aug 2021, 2 histories

575.157. Endangering a mental health employee, visitor, or another offender, offense of — definitions — violation, penalties. — 1. An offender commits the offense of endangering a department of mental health employee, a visitor or other person at a secure facility, or another offender if he or she attempts to cause or knowingly causes such individual to come into contact with blood, seminal fluid, urine, feces, or saliva.

2. For purposes of this section, the following terms mean:

(1) "Department of mental health employee", a person who is an employee of the department of mental health, an employee or contracted employee of a subcontractor of the department of mental health, or an employee or contracted employee of a subcontractor of an entity responsible for confining offenders as authorized by section 632.495;

(2) "Offender", persons ordered to the department of mental health after a determination by the court that such persons may meet the definition of a sexually violent predator, persons ordered to the department of mental health after a finding of probable cause under section 632.489, and persons committed for control, care, and treatment by the department of mental health under sections 632.480 to 632.513;

(3) "Secure facility", a facility operated by the department of mental health or an entity responsible for confining offenders as authorized by section 632.495;

(4) "Serious infectious or communicable disease", the same meaning given to the term in section 191.677.

3. The offense of endangering a department of mental health employee, a visitor or other person at a secure facility, or another offender is a class E felony. If an offender is knowingly infected with a serious infectious or communicable disease and exposes another individual to such serious infectious or communicable disease by committing the offense of endangering a department of mental health employee, a visitor or other person at a mental health facility, or another offender and the nature of the exposure to the bodily fluid has been scientifically shown to be a means of transmission of the serious infectious or communicable disease, the offense is a class D felony.

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(L. 2010 S.B. 774, A.L. 2014 S.B. 491, A.L. 2021 S.B. 53 & 60)

Transferred 2014; formerly 565.086; Effective 1-01-17


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