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 Colorado, the transmission of a sexually transmitted disease (STD) can lead to both criminal and civil consequences. Under Colorado Revised Statutes § 18-3-415, it is a crime for an individual who knows they are infected with HIV to engage in sexual activity with another person without disclosing their HIV-positive status. This law specifically targets the transmission of HIV/AIDS, and a violation can result in felony charges. For other STDs, such as syphilis, gonorrhea, chlamydia, genital herpes, HPV, genital warts, and hepatitis B, the transmission may not be explicitly covered under a specific statute, but individuals may still face criminal charges under general criminal laws such as assault or reckless endangerment if they knowingly or recklessly transmit an STD to another person. Additionally, individuals who negligently transmit an STD without informing their partner may be sued for civil damages. It is important for individuals to be aware of their health status and to communicate with sexual partners to prevent the spread of STDs and avoid legal repercussions.