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S.B. 98 Enrolled
7 LONG TITLE
8 General Description:
9 This bill amends the Criminal Code to create the offense of propelling a bodily
10 substance at another person and provides penalties.
11 Highlighted Provisions:
12 This bill:
13 . creates the class B offense of propelling a bodily substance at another person;
14 . creates the class A offense of propelling a bodily substance, including saliva if the
15 offender knows he or she is infected with HIV, hepatitis B, or hepatitis C and the
16 substance or material comes in contact with another person's face or open wound;
18 . provides definitions.
19 Money Appropriated in this Bill:
21 Other Special Clauses:
23 Utah Code Sections Affected:
25 76-5-102.9, Utah Code Annotated 1953
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 76-5-102.9 is enacted to read:
29 76-5-102.9. Propelling a bodily substance -- Penalties.
30 (1) As used in this section, a listed substance or material is:
31 (a) saliva, blood, urine, or fecal material;
32 (b) an infectious agent as defined in Section 26-6-2 of a material that carries an
33 infectious agent; or
34 (c) vomit or a material that carries vomit.
35 (2) Any person who knowingly or intentionally throws or otherwise propels any bodily
36 substance or material listed under Subsection (1) at another person is guilty of a class B
37 misdemeanor, except as provided in Subsection (3).
38 (3) A violation of this section is a class A misdemeanor if the substance or material
39 propelled is listed in Subsection (1), and:
40 (a) if the substance is the person's saliva, the person knows he or she is infected with
41 HIV, hepatitis B, or hepatitis C; or
42 (b) the substance or material comes into contact with any portion of the other person's
43 face, including the eyes or mouth, or comes into contact with any open wound on the other
44 person's body.
45 (4) If an offense committed under this section amounts to an offense subject to a
46 greater penalty under another provision of state law than under this section, this section does
47 not prohibit prosecution and sentencing for the more serious offense.
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