In many states it is a criminal offense to intentionally or recklessly transmit a sexually transmitted disease (STD or venereal disease) to another person. Examples of such diseases include HIV/AIDS, syphilis, gonorrhea, chlamydia, genital herpes, human papillomavirus (HPV), genital warts, and hepatitis B.
Laws vary from state to state, and in some states these laws include other infectious or communicable diseases. In some states there is a specific criminal offense for transmission of sexually transmitted or communicable diseases, and in other states criminal prosecutors charge the defendant with a more general crime like assault.
Laws regarding criminal liability for the intentional or reckless transmission of sexual or other infectious or communicable diseases are generally located in a state’s statutes—often in the penal or criminal code, or the health and safety code.
A person who negligently transmits a sexually transmitted disease to another person through sexual contact—without informing the other person of the offender’s infection before the sexual contact—may also be subject to civil liability for money damages in a lawsuit.
In Arkansas, the transmission of a sexually transmitted disease (STD) can lead to criminal charges under certain circumstances. Arkansas law specifically addresses the transmission of HIV under Arkansas Code Annotated § 5-14-123, which makes it unlawful for a person who knows they are HIV-positive to engage in certain activities, such as sexual intercourse, donating blood, organs, or other bodily substances, without disclosing their HIV status to the person receiving the substance or engaging in the activity. This is considered a Class A felony if transmission occurs and a Class B felony if there is no transmission. For other STDs, while there may not be a specific statute addressing the transmission, individuals could potentially be charged under general criminal laws such as assault or battery if they knowingly or recklessly transmit an STD to another person. Additionally, individuals who negligently transmit an STD without informing their partner prior to sexual contact may face civil liability and be sued for damages.