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 West Virginia, the transmission of a sexually transmitted disease (STD) can lead to criminal charges under certain circumstances. While West Virginia does not have a specific statute that criminalizes the transmission of STDs, individuals who knowingly or intentionally transmit an STD may be prosecuted under general criminal laws, such as those for battery or assault. Additionally, if someone acts recklessly with respect to the risk of transmitting an STD, they could potentially face criminal charges as well. On the civil side, individuals who negligently transmit an STD without informing their partner prior to sexual contact may be sued for damages. This means that if someone in West Virginia has an STD and does not disclose this information to a sexual partner before engaging in sexual activity, they could be held legally responsible for any harm that results from the transmission of the disease.