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 Pennsylvania, the intentional or reckless transmission of a sexually transmitted disease (STD) can lead to criminal charges. Pennsylvania law, specifically under Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, addresses the transmission of diseases through sections related to assault and reckless endangerment. For example, a person who knowingly or intentionally transmits an STD such as HIV/AIDS, syphilis, gonorrhea, chlamydia, or others may be charged with crimes such as reckless endangerment or aggravated assault, depending on the circumstances. Additionally, Pennsylvania has specific laws regarding the transmission of HIV, which require individuals who are aware of their HIV-positive status to disclose this information to sexual partners before engaging in sexual activity. Failure to do so can result in criminal prosecution. Beyond criminal liability, individuals in Pennsylvania may also face civil lawsuits for negligently transmitting an STD, where the infected party can seek monetary damages for the harm caused.