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Contagious or Infectious Disease Transmission Act Iowa Law 709D

Mar 16, 2020 | Life | 0 comments

Iowa Law 709D – “Contagious or Infectious Disease Transmission Act”

How does a nationwide U=U (undetectable = untranslatable)

public health educational program work within the constraints

of the Iowa law?

Iowa’s criminalization of HIV law – What you need to know

Brief History of the law in Iowa: The Iowa law was updated in 2014 and signed into law a revised version of the criminal HIV Transmission Law. of by then Iowa Governor Terry Branstad (current U.S. ambassador to China). This new law, Chapter 709D, repealed the old law Chapter 709C. The 709D law is titled Contagious or Infectious Disease Transmission Act.

“Iowa law considers whether there was intent to transmit HIV, whether there was any significant risk of HIV infection, and whether transmission occurred.”

Tami Haught – SERO Project Organizing and Training Coordinator.

The Sero Project website the non-profit organization focuses on ending inappropriate criminal prosecutions of PLHIV (people living with HIV/AIDS), including for non-disclosure of their HIV status, potential or perceived HIV exposure or HIV transmission and on building and supporting PLHIV networks.  For more information and access to resources www.seroproject.com.

CHAPTER 709D CONTAGIOUS OR INFECTIOUS DISEASE TRANSMISSION ACT

The complete act is available at www.legis.iowa.gov/docs/code//709D.pdf).

For this article, we’ve included the only section 709D.3

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 contagious or infectious disease with the intent that the uninfected person contract the contagious or infectious disease, and the conduct results in the uninfected person becoming infected with the 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 contagious or infectious disease with the intent that the uninfected person contract the contagious or infectious disease, but the conduct does not result in the uninfected person becoming infected with 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 contagious or infectious disease acting with a reckless disregard as to whether the uninfected person contracts the contagious or infectious disease, and the conduct results in the uninfected person 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 the contagious or infectious disease acting with a reckless disregard as to whether the uninfected person contracts the contagious or infectious disease, but the conduct does not result in the uninfected 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 declining treatment for a contagious or infectious disease during pregnancy shall not constitute a crime under 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 infectious Thu Dec 05 12:14:30 2019 Iowa Code 2020, Chapter 709D (11, 0) §709D.3, CONTAGIOUS OR INFECTIOUS DISEASE TRANSMISSION ACT 2 disease, regardless of the frequency of the conduct, is insufficient on its own to prove the intent 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 means to prevent transmission, or if the person informs the uninfected person that the person has a contagious or infectious disease and offers to take practical means to prevent transmission but that offer is rejected by the uninfected person subsequently

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