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 Massachusetts, the transmission of a sexually transmitted disease (STD) can lead to criminal charges under certain circumstances. Massachusetts General Laws Chapter 265, Section 37 specifically addresses the transmission of HIV, making it a crime for an individual to knowingly engage in sexual intercourse or unnatural sexual intercourse without informing the partner of their HIV positive status. While this statute is specific to HIV, other STDs can potentially fall under general criminal statutes, such as assault or battery, if the transmission is intentional or reckless. Additionally, individuals who negligently transmit an STD without informing their sexual partner may face civil liability and be sued for 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 potential legal consequences.