ISC 39-608. Transfer of body fluid which may contain the HIV virus -- Punishment -- Definitions -- Defenses. (1) Any person who exposes another in any manner with the intent to infect or, knowing that he or she is or has been afflicted with acquired immunodeficiency syndrome (AIDS), AIDS related complexes (ARC), or other manifestations of human immunodeficiency virus (HIV) infection, transfers or attempts to transfer any of his or her body fluid, body tissue or organs to another person is guilty of a felony and shall be punished by imprisonment in the state prison for a period not to exceed fifteen (15) years, by fine not in excess of five thousand dollars ($5,000), or by both such imprisonment and fine. (2)Definitions. As used in this section: (a)"Body fluid" means semen (irrespective of the presence of spermatozoa), blood, saliva, vaginal secretion, breast milk, and urine. (b)"Transfer" means engaging in sexual activity by genital-genital contact, oral-genital contact, anal-genital contact; or permitting the use of a hypodermic syringe, needle, or similar device without sterilization; or giving, whether or not for value, blood, semen, body tissue, or organs to a person, blood bank, hospital, or other medical care facility for purposes of transfer to another person. (3)Defenses: (a)Consent. It is an affirmative defense that the sexual activity took place between consenting adults after full disclosure by the accused of the risk of such activity. (b)Medical advice. It is an affirmative defense that the transfer of body fluid, body tissue, or organs occurred after advice from a licensed physician that the accused was noninfectious.
Arrested: Benjamin E. McCollough, 31, Parma
Charged: Obtaining a Controlled Substance by Fraud Warrant (F)
Arrested: Crystal Ann Marie Gocken, Parma
Charged: Forgery Warrant - Canyon County (F), Failure to Appear Warrant - Canyon County
Boise Police were called by employees at a pharmacy on the 8300 block of West Overland Road yesterday morning after employees became concerned about a possible fraud in progress. Officers arrived and found both suspects. A records check indicated that McCollough had a confirmed warrant out of Ada County for obtaining a prescription without a prescription. A woman with the suspect, Gocken, was also found to have active arrest warrants out of Canyon County, Officers arrested both on the above charges and booked them into the Ada County Jail.
Arrested: Matthew W. Olson, 34, Oakland, CA
Charged: Grand Theft (F), Fraudulent Possession of a Financial Transaction Card (F), Fraud - Misappropriation of financial information (F)
Arrested: Suzi Ann Mealer, 24, Novato, CA
Charged: Receiving/Possessing Fraudulently Obtained Goods/Services (m)
Boise Police were contacted by officers with the Port of Portland Police Department in Oregon regarding a stolen vehicle believed to be in Boise. Officers were able to locate the vehicle, a grey Mercedes Benz Thursday afternoon at a business near North Cole Road and West Emerald Street. During their investigation into the stolen vehicle, officers found an occupant of the car, Olson, to be in possession of several counterfeit financial transaction cards. Officers found the credit cards to have valid but stolen account numbers. Olson was arrested on the above charges. The woman with him, Mealer was also charged after being found in possession of a piece of jewelry that officers discovered had been purchased earlier in the day by Olson using one of the counterfeit credit cards he had in his possession. The two were booked into the Ada County Jail.