(1) (a) As used in this section, "infectious agent" means the same as that term is defined in Section 26B-7-201 . (b) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits the offense of propelling an object or substance at a correctional or peace officer if the actor: (a) is a prisoner or a detained individual; and (b) throws or otherwise propels an object or substance at a peace officer, a correctional officer, or an employee or volunteer, including a health care provider. (3) (a) A violation of Subsection (2) is a class A misdemeanor. (b) Notwithstanding Subsection (3)(a) , a violation of Subsection (2) is a third degree felony if: (i) the object or substance causes substantial bodily injury to the peace officer, the correctional officer, or the employee or volunteer, including a health care provider; or (ii) (A) the object or substance is: (I) blood, urine, semen, or fecal material; (II) an infectious agent or a material that carries an infectious agent; (III) vomit or a material that carries vomit; or (IV) the actor's saliva, and the actor knows the actor is infected with HIV, hepatitis B, or hepatitis C; and (B) the object or substance comes into contact with any portion of the officer's, employee's, volunteer's, or health care provider's face, including the eyes or mouth, or comes into contact with any open wound on the officer's, employee's, volunteer's, or health care provider's body. (4) If an offense committed under this section amounts to an offense subject to a greater penalty under another provision of state law than under this section, this section does not prohibit prosecution and sentencing for the more serious offense.
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