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 Mexico, the law addresses the issue of transmitting sexually transmitted diseases (STDs) through Section 24-1-23 of the New Mexico Statutes. This section makes it a misdemeanor for anyone who knows or has reasonable grounds to believe they are infected with a venereal disease to willfully expose another person to the risk of infection. The law specifically mentions diseases such as syphilis, gonorrhea, and chlamydia. Additionally, under New Mexico law, the intentional transmission of HIV/AIDS can be prosecuted under the more serious charges of felonious assault. Beyond criminal liability, individuals who negligently transmit an STD without informing their partner prior to sexual contact may also face civil lawsuits for damages. It is important for individuals to be aware of these laws and to take appropriate measures to prevent the transmission of STDs.