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 South Dakota, the intentional or reckless transmission of a sexually transmitted disease (STD) is addressed under state statutes. Specifically, South Dakota Codified Laws (SDCL) 22-18-31 makes it illegal to knowingly expose another person to HIV through acts that can transmit the virus, such as sexual contact, without informing the person of the HIV infection. This is considered a felony offense. While the law explicitly mentions HIV, other STDs may fall under general criminal statutes such as assault if transmission occurs intentionally or recklessly. Additionally, individuals who negligently transmit an STD without informing their partners may face civil lawsuits for damages. It is important for individuals to be aware of these laws and to take appropriate measures to inform partners of any communicable diseases to avoid legal consequences.