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 Louisiana (LA), the intentional exposure of another individual to HIV/AIDS, without their knowledge and consent, is a criminal offense under Louisiana Revised Statutes Annotated (R.S.) 14:43.5. This statute specifically addresses the intentional exposure to the AIDS virus and is considered a felony. Additionally, Louisiana law under R.S. 40:1062 requires that individuals who are aware they are infected with a sexually transmitted disease (STD) must notify their potential sexual partners of their infection before engaging in sexual intercourse. Failure to do so can result in criminal charges. Beyond HIV/AIDS, the transmission of other STDs can potentially be prosecuted under general criminal laws such as battery or assault if the transmission was intentional or reckless. Civil liability may also arise if a person negligently transmits an STD to another, potentially leading to a lawsuit for monetary damages.