|ICJI 982 DEFENSE: EXPOSING ANOTHER TO HIV VIRUS—(MEDICAL ADVICE)
The defendant cannot be guilty of Exposing Another to the HIV Virus if:
1. before the transfer of [body fluid] [body tissue] [organs] occurred,
2. the defendant had been advised by a licensed physician that the defendant was not infectious.
If you have a reasonable doubt as to whether it did occur, you must find the defendant not guilty. The state must prove beyond a reasonable doubt that this did not occur.
I.C. § 39–608(3)(b). This instruction should only be given if there is evidence supporting the defense.