26.13.290 Assault by Bodily Fluids or Excrement

(a) An individual is guilty of an offense if the individual causes blood, emesis, excrement, mucus, saliva, semen, vaginal fluid, or urine to come in contact with:

(1) A law enforcement officer acting in the scope of employment;

(2) An employee of a correctional facility or the department of corrections and rehabilitation acting in the scope of employment unless the employee does an act within the scope of employment which requires or causes the contact;

(3) An individual lawfully present in a correctional facility who is not an inmate;

(4) An individual lawfully present in the penitentiary or an affiliated facility of the penitentiary who is not an inmate;

(5) An individual transporting an individual who is lawfully detained;

(6) A health care facility employee or contractor acting within the scope of employment unless the employee or contractor is performing an act within the scope of employment which requires or causes the contact; or

(7) An emergency responder, including a licensed medical services provider, law enforcement officer, firefighter, volunteer firefighter, officer of a nonprofit volunteer fire department, emergency medical technician, emergency nurse, ambulance operator, or a provider of civil defense services, who while acting in the scope of employment is present at a health care facility.

(b) The offense is a Class 4 Offense if the individual has a transmittable disease, a Class 3 Offense if the individual knowingly causes the contact, and is a Class 2 Offense if the individual recklessly causes the contact.

(c) As used in this section, "health care facility" means an office or institution providing health care services or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including a hospital; clinic; ambulatory surgery center; outpatient care facility; weight control clinic; nursing home; basic care or assisted living facility; laboratory; or office of any medical professional licensed or registered under title 43 or any individual who is included within a specialty and subspecialty of those fields. The term includes a waiting room, hallway, private room, semiprivate room, ward, and any mobile or temporary facility.