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 Florida, the transmission of a sexually transmitted disease (STD) by an individual who knows, or should know, that they are infected to an uninformed partner can lead to both civil and criminal consequences. Under Florida law, an individual who intentionally transmits an STD to another person may face criminal charges under Florida Statutes Section 384.24, which makes it unlawful for any person who knows they are infected with an STD to have sexual intercourse with another individual without informing them of the STD. Violation of this law is considered a misdemeanor of the first degree. Additionally, civil liability may arise under the legal theory of negligence, where an infected person may be sued for damages if they fail to disclose their STD status to a sexual partner before engaging in sexual activity. The infected person's failure to inform their partner could be considered negligence, leading to potential compensation for the aggrieved party for any harm suffered as a result of the transmission.