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 Utah, the transmission of a sexually transmitted disease (STD) can lead to criminal charges under certain circumstances. Utah Code Ann. § 26-6-5 makes it a criminal offense to knowingly or intentionally transmit a communicable or an infectious disease. This law applies to STDs such as HIV/AIDS, syphilis, gonorrhea, chlamydia, genital herpes, HPV, genital warts, and hepatitis B. Specifically, under Utah Code Ann. § 76-10-1301, the transmission of HIV is addressed, and it is a felony to knowingly engage in any activity that is likely to transmit the disease if the infected individual has not informed the other party of the infection prior to the activity. Other STDs may fall under general criminal statutes such as assault if the transmission is intentional or reckless. Additionally, individuals who negligently transmit an STD without informing their partner may face civil lawsuits for damages.