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 New Jersey, the transmission of a sexually transmitted disease (STD) can lead to both criminal and civil consequences. Under New Jersey law, specifically N.J.S.A. 2C:34-5, it is a crime to commit an act of sexual penetration knowing that one is infected with a venereal disease without the informed consent of the other person. This statute covers diseases such as syphilis, gonorrhea, and other diseases designated by the Department of Health. Additionally, New Jersey law considers the intentional transmission of HIV/AIDS as an aggravated assault, which is a more serious offense under N.J.S.A. 2C:12-1. Beyond criminal liability, individuals who negligently transmit an STD without informing their partners may be sued for damages in civil court. This civil liability arises from the duty to inform potential sexual partners of the risk of transmission, and failure to do so can result in a lawsuit for negligence.