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 Minnesota, it is a criminal offense to knowingly transfer a communicable disease. Under Minnesota Statutes section 609.2241, a person who knowingly harbors an infectious agent and transfers a communicable disease to another person through any means, including sexual transmission, may be charged with a crime. The severity of the charge can range from a misdemeanor to a felony, depending on the circumstances, such as whether the transmission resulted in great bodily harm or death. Additionally, Minnesota law (section 144.4171 to 144.4186) requires that certain communicable diseases be reported to the Minnesota Department of Health. While the statutes specifically address the transmission of HIV, they can also apply to other STDs. Beyond criminal liability, individuals who negligently transmit an STD without informing their partner may be held civilly liable for damages in a lawsuit.