Assault - Knowingly Transmitting Disease

It is also a crime to knowing transmit a communicable disease. A "Communicable disease" means a disease or condition that causes serious illness, serious disability, or death; the infectious agent of which may pass or be carried from the body of one person to the body of another through direct transmission.
It is an affirmative defense to prosecution, if it is proven by a preponderance of the evidence, that:

1. the person who knowingly harbors an infectious agent for a communicable disease took practical means to prevent transmission as advised by a physician or other health professional; or

2. the person who knowingly harbors an infectious agent for a communicable disease is a health care provider who was following professionally accepted infection control procedures.