Nevada HIV Law
**Anything expressed on this site should not be taken as legal advice.**
**If you have any questions, you should contact an attorney.**
Nevada Revised Statute
Chapter 201 - Section 205
Intentional Transmission of Human
Immunodeficiency Virus NRS 201.205 Click to view source
Penalty; affirmative defense.
- A person who, after testing positive in a test approved by the State Board of Health for exposure to the human immunodeficiency virus and receiving actual notice of that fact, intentionally, knowingly or willfully engages in conduct in a manner that is intended or likely to transmit the disease to another person is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
It is an affirmative defense to an offense charged pursuant to subsection 1 that the person who was subject to exposure to the human immunodeficiency virus as a result of the prohibited conduct:
(a) Knew the defendant was infected with the human immunodeficiency virus;
(b) Knew the conduct could result in exposure to the human immunodeficiency virus; and
(c) Consented to engage in the conduct with that knowledge.
(Added to NRS by 1993, 1943; A 1995, 1199)
What this law does and does not mean?
- Giving someone HIV deliberately can carry penalties including high fines and incarceration in Nevada.
- Sharing needles or having sex with someone are typical behaviors that could make an HIV-positive person liable for this crime.
There are three typical defenses against charges for this crime
- Lack of knowledge - Unaware of HIV infection
- No intentional transmission - Raped or unconscious when act occurred
- Consent - Disclosure of HIV infection
*I'm Positive, Inc. is in no way affiliated with Las Vegas
Defense Group, Shouse Law or their services.*
Things to remember
Helpful tips to avoid HIV exposure
and minimize risk. Coming Soon!
"It is easy to dodge our responsibilities,
but we cannot dodge the consequences of dodging our responsibilities."
- Josiah Charles Stamp