Bottom line
This page is a current-reference page for 16-5-60. Reckless conduct causing harm to or endangering the bodily safety of another; conduct by HIV infected persons; assault by HIV infected persons or hepatitis infected persons.. Match the facts to the statutory language and verify local charging practice for enhancements or related offenses.
O.C.G.A. section
16-5-60. Reckless conduct causing harm to or endangering the bodily safety of another; conduct by HIV infected persons; assault by HIV infected persons or hepatitis infected persons.
Officer field notes
- Identify the exact statutory element supported by the facts; do not rely on the code number alone.
- Document victim/suspect relationship, location, injury/property details, value, weapons, statements, video, and witness evidence when relevant.
- Check family violence, weapon, school zone, prior-conviction, protected-victim, and felony/misdemeanor enhancement issues before final charging.
Report articulation tips
- Use concrete observed facts and quotes instead of conclusions.
- Tie each charge to the element it proves: act, intent/knowledge, victim/property, location, value, injury, or prohibited status.
- If probable cause depends on statements, video, records, or victim/witness identification, identify the source clearly.
Current statutory text
16-5-60. Reckless conduct causing harm to or endangering the bodily safety of another; conduct by HIV infected persons; assault by HIV infected persons or hepatitis infected persons.
Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1.
A person who causes bodily harm to or endangers the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk that his act or omission will cause harm or endanger the safety of the other person and the disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation is guilty of a misdemeanor.
A person who is an HIV infected person who, after obtaining knowledge of being infected with HIV:
Knowingly engages in sexual intercourse or performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another person and the HIV infected person does not disclose to the other person the fact of that infected person’s being an HIV infected person prior to that intercourse or sexual act;
Knowingly allows another person to use a hypodermic needle, syringe, or both for the introduction of drugs or any other substance into or for the withdrawal of body fluids from the other person’s body and the needle or syringe so used had been previously used by the HIV infected person for the introduction of drugs or any other substance into or for the withdrawal of body fluids from the HIV infected person’s body and where that infected person does not disclose to the other person the fact of that infected person’s being an HIV infected person prior to such use;
Offers or consents to perform with another person an act of sexual intercourse for money without disclosing to that other person the fact of that infected person’s being an HIV infected person prior to offering or consenting to perform that act of sexual intercourse;
Solicits another person to perform or submit to an act of sodomy for money without disclosing to that other person the fact of that infected person’s being an HIV infected person prior to soliciting that act of sodomy; or
Donates blood, blood products, other body fluids, or any body organ or body part without previously disclosing the fact of that infected person’s being an HIV infected person to the person drawing the blood or blood products or the person or entity collecting or storing the other body fluids, body organ, or body part,
is guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not more than ten years.
A person who is an HIV infected person or hepatitis infected person and who, after obtaining knowledge of being infected with HIV or hepatitis, commits an assault with the intent to transmit HIV or hepatitis, using his or her body fluids (blood, semen, or vaginal secretions), saliva, urine, or feces upon:
A peace officer while the peace officer is engaged in the performance of his or her official duties or on account of the peace officer’s performance of his or her official duties; or
A correctional officer while the correctional officer is engaged in the performance of his or her official duties or on account of the correctional officer’s performance of his or her official duties
is guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five nor more than 20 years.
(Code 1933, § 26-2910, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1988, p. 1799, § 3; Ga. L. 2003, p. 306, § 1.)
Cross references.
– Child committing delinquent act constituting AIDS transmission crime including testing and reporting,
§
15-11-603
.
Transmitting crimes and required reporting,
§
17-10-15
.
Disclosure of AIDS confidential information,
§
24-12-21
.
Control of HIV, T. 31, C. 17A.
Use of HIV test results in granting relief from sentence,
§
42-9-42.1
.
Editor’s notes.
– Ga. L. 1988, p. 1799,
§
1, not codified by the General Assembly, provides:
“The General Assembly finds that Acquired Immunodeficiency Syndrome (AIDS) and its causative agent, including Human Immunodeficiency Virus (HIV), pose a grave threat to the health, safety, and welfare of the people of this state.
In the absence of any effective vaccination or treatment for this disease, it threatens almost certain death to all who contract it.
The disease is largely transmitted through sexual contacts and intravenous drug use, not through casual contact, and, while deadly, is therefore preventable. The key component of the fight against AIDS is education. Through public education and counseling our citizens can learn how the disease is transmitted and, thus, how to protect themselves and prevent its spread.
The Department of Human Resources is encouraged to continue its efforts to educate all Georgians about the disease, its causative agent, and its means of transmission.
In addition, voluntary testing should be encouraged for anyone who feels at risk of infection. While education, counseling, and voluntary testing are vital to the elimination of this epidemic, other measures are needed to protect the health of our citizens, and it is the intention of the General Assembly to enact such measures in the exercise of its police powers in order to deal with AIDS and HIV infection.”
Source / verification note: Updated from the Georgia Code public CIC/Lexis-linked source snapshot used for this audit. Verify court-sensitive decisions against the official Georgia Code and agency policy. Last reviewed: 2026-05-23.