(1) (a) As used in this section: (i) "Bodily substance or material" means: (A) saliva, blood, urine, semen, or fecal material; (B) an infectious agent or a material that carries an infectious agent; or (C) vomit or a material that carries vomit. (ii) "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 propelling a bodily substance or material if the actor knowingly or intentionally throws or otherwise propels a bodily substance or material at another individual. (3) (a) A violation of Subsection (2) is a class B misdemeanor. (b) Notwithstanding Subsection (3)(a) , a violation of Subsection (2) is a class A misdemeanor if: (i) the bodily substance or material is the actor's saliva and the actor knows the actor is infected with HIV, hepatitis B, or hepatitis C; or (ii) the bodily substance or material comes into contact with any portion of the other individual's face, including the eyes or mouth, or comes into contact with any open wound on the other individual'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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