18 U.S.C. § 1122 — Protection against the human immuno-

Page 343 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1122 ney General under this paragraph is not subject to judicial review. (Added Pub. L. 103–322, title VI, § 60009(a), Sept. 13, 1994, 108 Stat. 1972.) § 1120. Murder by escaped prisoners (a) DEFINITION.—In this section, ‘‘Federal cor- rectional institution’’ and ‘‘term of life impris- onment’’ have the meanings stated in section 1118. (b) OFFENSE AND PENALTY.—A person, having escaped from a Federal correctional institution where the person was confined under a sentence for a term of life imprisonment, kills another shall be punished as provided in sections 1111 and 1112. (Added Pub. L. 103–322, title VI, § 60012(a), Sept. 13, 1994, 108 Stat. 1973; amended Pub. L. 104–294, title VI, § 601(c)(2), Oct. 11, 1996, 110 Stat. 3499.) Editorial Notes AMENDMENTS 1996—Subsecs. (a), (b). Pub. L. 104–294 substituted ‘‘Federal correctional institution’’ for ‘‘Federal pris- on’’. § 1121. Killing persons aiding Federal investiga- tions or State correctional officers (a) Whoever intentionally kills— (1) a State or local official, law enforcement officer, or other officer or employee while working with Federal law enforcement offi- cials in furtherance of a Federal criminal in- vestigation— (A) while the victim is engaged in the per- formance of official duties; (B) because of the performance of the vic- tim’s official duties; or (C) because of the victim’s status as a pub- lic servant; or (2) any person assisting a Federal criminal investigation, while that assistance is being rendered and because of it, shall be sentenced according to the terms of sec- tion 1111, including by sentence of death or by imprisonment for life. (b)(1) Whoever, in a circumstance described in paragraph (3) of this subsection, while incarcer- ated, intentionally kills any State correctional officer engaged in, or on account of the perform- ance of such officer’s official duties, shall be sentenced to a term of imprisonment which shall not be less than 20 years, and may be sen- tenced to life imprisonment or death. (2) As used in this section, the term, ‘‘State correctional officer’’ includes any officer or em- ployee of any prison, jail, or other detention fa- cility, operated by, or under contract to, either a State or local governmental agency, whose job responsibilities include providing for the cus- tody of incarcerated individuals. (3) The circumstance referred to in paragraph (1) is that— (A) the correctional officer is engaged in transporting the incarcerated person inter- state; or (B) the incarcerated person is incarcerated pursuant to a conviction for an offense against the United States. (c) For the purposes of this section, the term ‘‘State’’ means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (Added Pub. L. 103–322, title VI, § 60015(a), Sept. 13, 1994, 108 Stat. 1974; amended Pub. L. 104–294, title VI, § 607(k), Oct. 11, 1996, 110 Stat. 3512.) Editorial Notes AMENDMENTS 1996—Subsec. (c). Pub. L. 104–294 added subsec. (c). § 1122. Protection against the human immuno- deficiency virus (a) IN GENERAL.—Whoever, after testing posi- tive for the Human Immunodeficiency Virus (HIV) and receiving actual notice of that fact, knowingly donates or sells, or knowingly at- tempts to donate or sell, blood, semen, tissues, organs, or other bodily fluids for use by another, except as determined necessary for medical re- search or testing or in accordance with all appli- cable guidelines and regulations made by the Secretary of Health and Human Services under section 377E of the Public Health Service Act, shall be fined or imprisoned in accordance with subsection (c). (b) TRANSMISSION NOT REQUIRED.—Trans- mission of the Human Immunodeficiency Virus does not have to occur for a person to be con- victed of a violation of this section. (c) PENALTY.—Any person convicted of vio- lating the provisions of subsection (a) shall be subject to a fine under this title of not less than $10,000, imprisoned for not less than 1 year nor more than 10 years, or both. (Added Pub. L. 103–333, title V, § 514, Sept. 30, 1994, 108 Stat. 2574, § 1118; renumbered § 1122 and amended Pub. L. 104–294, title VI, § 601(a)(5), Oct. 11, 1996, 110 Stat. 3498; Pub. L. 113–51, § 3, Nov. 21, 2013, 127 Stat. 581.) Editorial Notes REFERENCES IN TEXT Section 377E of the Public Health Service Act, re- ferred to in subsec. (a), is classified to section 274f–5 of Title 42, The Public Health and Welfare. AMENDMENTS 2013—Subsec. (a). Pub. L. 113–51 inserted ‘‘or in ac- cordance with all applicable guidelines and regulations made by the Secretary of Health and Human Services under section 377E of the Public Health Service Act’’ after ‘‘research or testing’’. 1996—Pub. L. 104–294, § 601(a)(5)(A), renumbered sec- tion 1118, relating to protection against human im- munodeficiency virus, as this section. Subsec. (c). Pub. L. 104–294, § 601(a)(5)(B), inserted ‘‘under this title’’ after ‘‘fine’’ and struck out ‘‘nor more than $20,000’’ after ‘‘$10,000’’. CHAPTER 53—INDIANS Sec. 1151. Indian country defined. 1152. Laws governing. 1153. Offenses committed within Indian country. 1154. Intoxicants dispensed in Indian country. 1155. Intoxicants dispensed on school site. 1156. Intoxicants possessed unlawfully. [1157. Repealed.]