(10) intentionally or knowingly causes or attempts to
cause another person to come into contact with blood, seminal
fluid, saliva, urine or feces of an individual, by throwing,
tossing, spitting or expelling the fluid or material, subject
to the following:
(i) at the time of the offense, the person knew, had
reason to know, should have known or believed the fluid
or material to have been obtained from an individual,
including the person charged under this section, infected
by a communicable disease, including, but not limited to,
human immunodeficiency virus (HIV) or hepatitis B;
(ii) except as provided i n sections 2703 (relating
to assault by prisoner), 2703.1 (relating to aggravated
harassment by prisoner) and 2704 (relating to assault by
life prisoner); and
(iii) except that saliva expelled unintentionally
through the exercise of constitutionally protected speech
shall not be prohibited, unless the person knew, had
reason to know, should have known or believed the saliva
to have been obtained from an individual, including the
person charged under this section, infected by a
communicable disease, including, but not limited to,
human immunodeficiency virus (HIV) or hepatitis B.
(b) Grading.--Aggravated assault under subsection (a)(1),
(2) and (9) is a felony of the first degree. Aggravated assault
under subsection (a)(3), (4), (5), (6), (7) and (8) is a felony
of the second degree. Aggravated assault under subsection (a)
(10) is a felony of the third degree.
* * *
(d) Definitions.--As used in this section, the following
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