What happens if I donate blood knowing that I have HIV/AIDS?
Knowingly donating blood that has tested HIV positive or is infected with the AIDS virus
It is a violation of Health and Safety Code 1621.5 to knowingly donate blood that has tested positive for HIV or AIDS. This means that if a person donates blood at a hospital, Red Cross donation center, or any other place where they accept blood donations, and you know that you are infected with the AIDS virus, or have tested positive for HIV, you may go to prison. This crime is charged as a felony and is punishable by imprisonment for two, four or six years.
Donations other than blood from a person who knows they have HIV or AIDS
Health and Safety Code 1621.5 also covers things other than blood, including tissue, organs, semen or breast milk. It is a felony to donate any of the abovementioned knowing that you have AIDS or have tested positive for HIV. The virus can be transmitted through blood and bodily fluids, which is why semen and breast milk are included. The donation of these bodily fluids, tissues or organs are punishable in the same manner: imprisonment for two, four or six years.
Person must know that they have HIV or AIDS
To be guilty of this crime, the District Attorney must prove that the defendant knowingly donated the blood, tissue, organ, semen or breast milk that contained HIV or AIDS. This means that they must prove the person knew that they had the virus before they donated. The person must have gone to the doctor or an organization capable of determining whether the person had the virus.
If you have been charged with knowingly donating blood, tissue, organs, semen or breast milk, you need to hire an attorney immediately, as these are very serious charges. Contact the Law Office of Stephanie M. Arrache, a criminal defense firm, for a free consultation on knowingly donating blood, tissue, organs, semen or breast milk.
Law Office of Stephanie M. Arrache
A Criminal Defense Firm
PO Box 3297
Palm Springs, CA 92262
Office: (760) 237-8295
Cell: (760) 668-8295