South Carolina S 189: Assault and Battery with Bodily Fluids

Bill Text

2025-2026 Bill 189 Text of Previous Version (Jan. 14, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 189

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 
16-3-605 SO AS TO CREATE THE OFFENSE OF ASSAULT AND BATTERY WITH BODILY FLUIDS, 
PROVIDE FOR TESTING OF COMMUNICABLE AND BLOODBORNE DISEASES, PROVIDE PENALTIES, 
AND PROVIDE EXCEPTIONS.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Article 7, Chapter 3, Title 16 of the S.C. Code is 
amended by adding:

 Section 
16-3-605. (A) For purposes of this 
section, "bodily fluids" includes, but is not limited to, blood, feces, urine, 
or semen.

 (B) A 
person commits the offense of assault and battery with bodily fluids if he 
intentionally throws or attempts to throw bodily fluids onto another person 
without the person's consent. A person who violates the provisions of this 
subsection is guilty of a felony and, upon conviction, must be fined not more 
than five thousand dollars or imprisoned for not more than five years, or both.

 (C) A 
person who violates the provisions of subsection (B) who tests positive for a 
communicable or bloodborne disease is guilty of a felony and, upon conviction, 
must be fined not more than ten thousand dollars or imprisoned for not more 
than ten years, or both.

 (D) A 
person charged with a violation of this section is subject to mandatory testing 
for communicable or bloodborne diseases when exposure to his bodily fluids is 
determined by law enforcement or a healthcare professional to pose a health 
risk to the victim of the offense.

 (E) A 
violation of this section is not considered a lesser-included offense of 
throwing bodily fluids on correctional officers or employees pursuant to the 
provisions of Section 24-13-470. The provisions of this section do not prohibit 
the prosecution of a person for a more serious offense if the person is 
determined to be HIV-positive or tests positive for another disease that may be 
transmitted through bodily fluids.

 (F) 
The provisions of this section do not apply to a person who is a "patient" as 
defined in Section 44-23-10.

SECTION 2. This act takes effect upon approval 
by the Governor.

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This web page was last updated on January 14, 2025 at 12:39 PM