The transmission of a sexually transmitted disease (STD) from a person who knows or should know they have the disease to another person who is not informed of that fact before engaging in sexual contact with the infected person may result in both civil liability (for money damages) and criminal liability (for penalties).

Laws vary from state to state and some states have both civil and criminal statutes (laws enacted by the state legislature) that specifically address the transmission of sexually transmitted diseases. In other states civil lawsuits may be filed and criminal prosecutions may be made under traditional legal theories such as negligence in a civil lawsuit and battery (harmful or offensive physical contact without consent) in a criminal prosecution.

In Delaware, the transmission of a sexually transmitted disease (STD) by an individual who knows or should know they are infected to an uninformed partner can lead to both civil and criminal consequences. Under Delaware law, specifically Title 11, Section 1201 of the Delaware Code, it is a misdemeanor for a person who knows that they are infected with an STD to expose another person to the disease. This can result in criminal penalties. Additionally, Delaware allows for civil lawsuits where the infected individual may be held liable for damages under tort law principles such as negligence or battery. In a civil context, the infected person could be required to compensate the affected partner for medical expenses, pain and suffering, and other damages resulting from the transmission of the STD. It is important for individuals to be aware of their health status and to disclose any STDs to potential sexual partners to avoid legal repercussions.