(a) Any person who exposes another to the human immunodeficiency virus (HIV) by engaging in unprotected sexual activity or by sharing hypodermic needles/syringes when the infected person knows at the time of the unprotected sex/sharing of needles that he is infected with HIV, has not disclosed his HIV-positive status, and acts with the specific intent to infect the other person with HIV, shall be fined not more than $10,000 or imprisoned not more than ten years, or both.
(b) Any person who exposes another to the human immunodeficiency virus by donating, selling, or attempting to donate or sell blood, semen, tissues, organs, or other bodily fluids for the use of another, except as determined necessary for medical research or testing, and when the infected person knows at the time that he is infected with HIV, has not disclosed his HIV-positive status, and acts with the specific intent to infect another person with HIV, shall be fined not more than $10,000 or imprisoned not more than ten years, or both.
(c) Evidence that the person had knowledge of his HIV-positive status, without additional evidence, shall not be sufficient to prove specific intent.
(d) Transmission of the Human Immunodeficiency Virus does not have to occur for a person to be convicted of a violation of this section.
(e) As used in this section, the following definitions shall apply:
(1) “Sexual activity” means insertive vaginal or anal intercourse on the part of an infected male, receptive consensual vaginal intercourse on the part of an infected woman with a male partner, or receptive consensual anal intercourse on the part of an infected man or woman with a male partner.
(2) “Unprotected sexual activity” means sexual activity without the use of a condom.