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 York, the intentional or reckless transmission of a sexually transmitted disease (STD) can lead to criminal charges. While New York does not have a specific statute that criminalizes the transmission of STDs, such actions can be prosecuted under general criminal laws, such as assault. For example, under New York Penal Law, a person who intentionally causes injury to another can be charged with assault, which could apply to the intentional transmission of an STD. Additionally, New York Public Health Law requires that certain STDs be reported and allows for the order of treatment for individuals who may pose a danger to others. Civil liability is also a consideration in New York; individuals who negligently transmit an STD without informing their partner prior to sexual contact can be sued for damages. It is important for individuals to be aware of their health status and to communicate with sexual partners to avoid both criminal charges and civil liability.