709D.3 Criminal transmission of a contagious or infectious disease. 1. A person commits a class 'B' felony when the person knows the person is infected with a contagious or infectious disease and exposes an uninfected person to the contagiousor infectious disease with the intent that the uninfected person contract the contagious orinfectious disease, and the conduct results in the uninfected person becoming infected withthe contagious or infectious disease. 2. A person commits a class 'D' felony when the person knows the person is infected with a contagious or infectious disease and exposes an uninfected person to the contagiousor infectious disease with the intent that the uninfected person contract the contagious orinfectious disease, but the conduct does not result in the uninfected person becoming infectedwith the contagious or infectious disease. 3. A person commits a class 'D' felony when the person knows the person is infected with a contagious or infectious disease and exposes an uninfected person to the contagiousor infectious disease acting with a reckless disregard as to whether the uninfected personcontracts the contagious or infectious disease, and the conduct results an uninfected person to the contagiousor infectious disease acting with a reckless disregard as to whether the uninfected personcontracts the contagious or infectious disease, and the conduct results in the uninfectedperson becoming infected with the contagious or infectious disease. 4. A person commits a serious misdemeanor when the person knows the person is infected with a contagious or infectious disease and exposes an uninfected person to thecontagious or infectious disease acting with a reckless disregard as to whether the uninfectedperson contracts the contagious or infectious disease, but the conduct does not result in theuninfected person becoming infected with the contagious or infectious disease. 5. The act of becoming pregnant while infected with a contagious or infectious disease, continuing a pregnancy while infected with a contagious or infectious disease, or decliningtreatment for a contagious or infectious disease during pregnancy shall not constitute a crimeunder this chapter. 6. Evidence that a person knows the person is infected with a contagious or infectious disease and has engaged in conduct that exposes others to the contagious or infectiousdisease, der this chapter. 6. Evidence that a person knows the person is infected with a contagious or infectious disease and has engaged in conduct that exposes others to the contagious or infectiousdisease, regardless of the frequency of the conduct, is insufficient on its own to prove theintent to transmit the contagious or infectious disease. 7. A person does not act with the intent required pursuant to subsection 1 or 2, or with the reckless disregard required pursuant to subsection 3 or 4, if the person takes practical meansto prevent transmission, or if the person informs the uninfected person that the person hasa contagious or infectious disease and offers to take practical means to prevent transmissionbut that offer is rejected by the uninfected person subsequently exposed to the infectious orcontagious disease. 8. It is an affirmative defense to a charge under this section if the person exposed to the contagious or infectious disease knew that the infected person was infected with thecontagious or infectious disease at the time of the exposure and consented to exposure withthat knowledge. 2014 Acts, ch 1119, §3, 11 Sat Dec 23 12:28:38 2023 Iowa Code 2024, Section 709D.3 (11, 0)
Iowa Legal Code