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 Vermont, the transmission of sexually transmitted diseases (STDs) can lead to criminal charges under certain circumstances. Vermont law specifically addresses the transmission of HIV under 13 V.S.A. § 3255, which makes it a felony for a person who is infected with HIV to engage in behavior that poses a significant risk of transmission to another person without informing them of the HIV-positive status. This law requires intent to transmit the virus or knowledge of the risk coupled with a failure to take reasonable precautions. For other STDs, while there may not be a specific statute addressing their transmission, individuals could potentially be prosecuted under general criminal laws such as assault if they intentionally or recklessly transmit an STD to another person. Additionally, individuals who negligently transmit an STD without informing their partner may face civil liability and be sued for damages.