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 Michigan, the intentional or reckless transmission of a sexually transmitted disease (STD) is addressed under both criminal and public health laws. Michigan's Public Health Code, specifically MCL 333.5210, requires individuals who know they are infected with an STD to inform their potential sexual partners of their condition before engaging in sexual activity. Failure to do so can result in misdemeanor charges. Additionally, under Michigan's penal code, the transmission of an STD can be prosecuted under general criminal statutes such as assault or battery, especially if the transmission was intentional or reckless. Civil liability is also a possibility in Michigan, where someone who negligently transmits an STD without informing their partner can be sued for damages. It's important to note that the specifics of each case can affect the legal outcomes, and the application of these laws can vary based on the circumstances surrounding the transmission.