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 Kentucky, the transmission of a sexually transmitted disease (STD) can lead to criminal charges under certain circumstances. Kentucky law specifically addresses the transmission of HIV under KRS § 529.100, which makes it a felony for an individual who knows they are infected with HIV to engage in sexual intercourse without informing their partner of their HIV status. This law also applies to those who donate blood, organs, or other bodily fluids or tissues without disclosing their HIV-positive status. While Kentucky does not have a specific statute for the transmission of other STDs, individuals could potentially be prosecuted under general criminal laws such as assault or reckless endangerment if they intentionally 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.