§ 1122. Protection against the human immunodeficiency virus

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   Pub. L. 103–333 title V § 514 · 108 Stat. 2539

   Enacted · 18 U.S.C. § 1122

   Added Pub. L. 103–333, title V, § 514, Sept. 30, 1994, 108 Stat. 2574, § 1118

   Source evidence

   Code source credit
   Added Pub. L. 103–333, title V, § 514, Sept. 30, 1994, 108 Stat. 2574, § 1118

   Enacted provision · exact public law section
   Sec. 514. Chapter 51 of title 18,United States Code, is amended by adding at the end thereof the following new section: § 1118. Protection against the human immunodeficiency virus “(a) In General.— Whoever, after testing positive for the Human Immunodeficiency Virus (IDV) and receiving actual notice of that fact, knowingly donates or sells, or knowingly attempts to donate or sell, blood, semen, tissues, organs, or other bodily fluids for use by another, except as determined necessary for medical research or testing, shall be fined or imprisoned in accordance with subsection (c). “(b) Transmission Not Required.— Transmission of the Human Immunodeficiency Virus does not have to occur for a person to be convicted of a violation of this section. “(c) Penalty.— Any person convicted of violating the provisions of subsection (a) shall be subject to a fine of not less than $10,000 nor more than $20,000, imprisoned for not less than 1 year nor more than 10 years, or both.”.

2. 1996

   Economic Espionage Act of 1996

   Pub. L. 104–294 § 601(a)(5)(A) · 110 Stat. 3488

   Changed · 18 U.S.C. § 1122

   Pub. L. 104–294, § 601(a)(5)(A), renumbered section 1118, relating to protection against human immunodeficiency virus, as this section

   Source evidence

   Code amendment note
   Pub. L. 104–294, § 601(a)(5)(A), renumbered section 1118, relating to protection against human immunodeficiency virus, as this section.

   Enacted provision · exact public law section
   (A) is redesignated as section 1122; and

3. 1996

   Economic Espionage Act of 1996

   Pub. L. 104–294 § 601(a)(5)(B) · 110 Stat. 3488

   1. Inserted · 18 U.S.C. § 1122(c)

      Pub. L. 104–294, § 601(a)(5)(B), inserted “under this title” after “fine”

   2. Struck · 18 U.S.C. § 1122(c)

      Pub. L. 104–294, § 601(a)(5)(B), struck out “nor more than $20,000” after “$10,000”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 104–294, § 601(a)(5)(B), inserted “under this title” after “fine” and struck out “nor more than $20,000” after “$10,000”.

   Enacted provision · exact public law section
   (B) is amended in subsection (c) by— (i) inserting “under this title” after “fine”; and (ii) striking “nor more than $20,000”.

4. 2013

   HIV Organ Policy Equity Act

   Pub. L. 113–51 § 3 · 127 Stat. 579

   Inserted · 18 U.S.C. § 1122(a)

   Pub. L. 113–51 inserted “or in accordance with all applicable guidelines and regulations made by the Secretary of Health and Human Services under section 377E of the Public Health Service Act” after “research or testing”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 113–51 inserted “or in accordance with all applicable guidelines and regulations made by the Secretary of Health and Human Services under section 377E of the Public Health Service Act” after “research or testing”.

   Enacted provision · exact public law section
   SEC. 3. CONFORMING AMENDMENT TO TITLE 18 OF THE UNITED STATES CODE.   Section 1122(a) of title 18, United States Code, is amended by inserting “or in accordance with all applicable guidelines and regulations made by the Secretary of Health and Human Services under section 377E of the Public Health Service Act” after “research or testing”.

5 of 5 references resolved to an enrolled provision