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 Delaware, the transmission of sexually transmitted diseases (STDs) is addressed under Title 11, Section 1201 of the Delaware Code, which makes it illegal for a person who knows that they are infected with an STD to engage in conduct that poses a substantial risk of transmission to another person without that person's informed consent. This includes HIV/AIDS, syphilis, gonorrhea, chlamydia, genital herpes, human papillomavirus (HPV), genital warts, and hepatitis B. The law requires that individuals who are aware of their infection inform their partners prior to engaging in sexual activity. Failure to do so can result in criminal prosecution under the state's criminal code. Additionally, individuals who negligently transmit an STD without informing their partners may face civil lawsuits for damages. It is important for individuals to be aware of these laws and to take appropriate measures to inform potential sexual partners of any known STDs to avoid legal consequences.