Section 16-5-60 - Reckless conduct causing harm to or endangering the bodily safety of another; conduct by HIV infected persons(a)(1) 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.(2) As used in this Code section, the term "person living with HIV" means a person who has a confirmed positive HIV test, whether or not that person has AIDS, or who has been clinically diagnosed as having AIDS.(b) 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 or her 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.(c) A person living with HIV who: (1) Knowingly engages in a sexual act with the intent to transmit HIV and does not disclose his or her status as being a person living with HIV to the other person prior to that sexual act when such act has a significant risk of transmission based on current scientifically supported levels of risk of transmission; provided, however, that this paragraph shall not apply to a person living with HIV who is forced into a sexual act against his or her will; or(2) Offers or consents to perform with another person a sexual act for money with the intent to transmit HIV without disclosing his or her status as being a person living with HIV to that other person prior to offering or consenting to perform the sexual act when such act has a significant risk of transmission based on current scientifically supported levels of risk of transmission, is guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not more than five years.Amended by 2022 Ga. Laws 845,§ 2, eff. 7/1/2022.Amended by 2003 Ga. Laws 54, § 1, eff. 7/1/2003.