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Maryland Code, Criminal Procedure § 11-107

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) In Part II of this subtitle the following words have the meanings indicated.

(b) “Charged” means to be the subject of an indictment, an information, or a petition alleging a delinquent act.

(c) “Health officer” has the meaning stated in § 1-101 of the Health--General Article.

(d) “HIV” means any human immunodeficiency virus that causes Acquired Immune Deficiency Syndrome (AIDS).

(e)(1) “Prohibited exposure” means a crime or delinquent act that may have caused or resulted in exposure to HIV or hepatitis C.

(2) “Prohibited exposure” includes:

(i) contact that occurs on penetration, however slight, between the penis and the vulva or anus; and

(ii) contact between the mouth and the penis, vulva, or anus.

(f)(1) “Victim” means the victim of a prohibited exposure.

(2) “Victim” includes:

(i) a law enforcement officer who is exposed to HIV or hepatitis C while acting in the performance of duty;

(ii) a paid or volunteer firefighter, an emergency medical technician, or rescue squad member who is exposed to HIV or hepatitis C while acting in the performance of duty;

(iii) a forensic scientist, working under the direction of a law enforcement agency, who is exposed to HIV or hepatitis C while acting in the performance of duty; and

(iv) an individual who is licensed, certified, or otherwise authorized to provide health care under the Health Occupations Article who is exposed to HIV or hepatitis C while working under the direction of a law enforcement agency or while performing a sexual assault medical evidence collection examination.

(g) “Victim's representative” means:

(1) the parent of a victim who is a minor;

(2) the legal guardian of a victim; or

(3) the person authorized to give consent for the victim under § 5-605 of the Health--General Article.

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Cite this article: FindLaw.com - Maryland Code, Criminal Procedure § 11-107 - last updated January 01, 2025 | https://codes.findlaw.com/md/criminal-procedure/md-code-crim-proc-sect-11-107/

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