Non-Fatal Offences Against the Person Act 1997

Syringe, etc., attacks.

6

6.(1) A person who—

(a) injures another by piercing the skin of that other with a syringe, or

(b) threatens to so injure another with a syringe,

with the intention of or where there is a likelihood of causing that other to believe that he or she may become infected with disease as a result of the injury caused or threatened shall be guilty of an offence.

(2) A person who—

(a) sprays, pours or puts onto another blood or any fluid or substance resembling blood, or

(b) threatens to spray, pour or put onto another blood or any fluid or substance resembling blood,

with the intention of or where there is a likelihood of causing that other to believe that he or she may become infected with disease as a result of the action caused or threatened shall be guilty of an offence.

(3) A person who in committing or attempting to commit an offence under subsection (1) or (2)—

(a) injures a third person with a syringe by piercing his or her skin, or

(b) sprays, pours or puts onto a third person blood or any fluid or substance resembling blood,

resulting in the third person believing that he or she may become infected with disease as a result of the injury or action caused shall be guilty of an offence.

(4) A person guilty of an offence under subsection (1), (2) or (3) shall be liable—

(a) on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both, or

(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding 10 years or to both.

(5) (a) A person who intentionally injures another by piercing the skin of that other with a contaminated syringe shall be guilty of an offence.

(b) A person who intentionally sprays, pours or puts onto another contaminated blood shall be guilty of an offence.

(c) A person who in committing or attempting to commit an offence under paragraph (a) or (b)—

(i) injures a third person with a contaminated syringe by piercing his or her skin, or

(ii) sprays, pours or puts onto a third person contaminated blood,

shall be guilty of an offence.

(d) A person guilty of an offence under this subsection shall be liable on conviction on indictment to imprisonment for life.

Annotations:

Editorial Notes:

E9

A fine of £1,500 converted (1.01.1999) to €1,904.61. This translates into a class C finenot greater than €2,500 as provided (4.01.2011) by Fines Act 2010 (8/2010), s. 6(2) and table ref. no. 1, S.I. No. 662 of 2010.