CHAPTER 16. MALICIOUS MISCHIEF

IC 35-45-16
    Chapter 16. Malicious Mischief

IC 35-45-16-1
"HIV"
    Sec. 1. (a) As used in this chapter, "HIV" refers to the humanimmunodeficiency virus.
    (b) The term includes acquired immune deficiency syndrome(AIDS) and AIDS related complex.
As added by P.L.88-2002, SEC.2.

IC 35-45-16-2
Malicious mischief
    Sec. 2. (a) A person who recklessly, knowingly, or intentionallyplaces human:
        (1) blood;
        (2) semen;
        (3) urine; or
        (4) fecal waste;
in a location with the intent that another person will involuntarilytouch the blood, semen, urine, or fecal waste commits maliciousmischief, a Class B misdemeanor.
    (b) An offense described in subsection (a) is a:
        (1) Class D felony if the person knew or recklessly failed toknow that the blood, urine, or waste was infected with:
            (A) hepatitis B;
            (B) HIV; or
            (C) tuberculosis;
        (2) Class C felony if:
            (A) the person knew or recklessly failed to know that theblood, urine, or waste was infected with hepatitis B and theoffense results in the transmission of hepatitis B to the otherperson; or
            (B) the person knew or recklessly failed to know that thewaste was infected with tuberculosis and the offense resultsin the transmission of tuberculosis to the other person; and
        (3) Class B felony if:
            (A) the person knew or recklessly failed to know that thewaste was infected with HIV; and
            (B) the offense results in the transmission of HIV to theother person.
    (c) A person who recklessly, knowingly, or intentionally placeshuman:
        (1) blood;
        (2) body fluid; or
        (3) fecal waste;
in a location with the intent that another person will ingest the blood,body fluid, or fecal waste, commits malicious mischief with food, aClass A misdemeanor.
    (d) An offense described in subsection (c) is:        (1) a Class D felony if the person knew or recklessly failed toknow that the blood, body fluid, or fecal waste was infectedwith:
            (A) hepatitis B;
            (B) HIV; or
            (C) tuberculosis;
        (2) a Class C felony if:
            (A) the person knew or recklessly failed to know that theblood, body fluid, or fecal waste was infected with hepatitisB and the offense results in the transmission of hepatitis Bto the other person; or
            (B) the person knew or recklessly failed to know that theblood, body fluid, or fecal waste was infected withtuberculosis and the offense results in the transmission oftuberculosis to the other person; and
        (3) a Class B felony if:
            (A) the person knew or recklessly failed to know that theblood, body fluid, or fecal waste was infected with HIV; and
            (B) the offense results in the transmission of HIV to theother person.
As added by P.L.88-2002, SEC.2.