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 Georgia, 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 Georgia law, specifically O.C.G.A. § 16-5-60, it is a criminal offense for a person who knows they are infected with a sexually transmitted disease to engage in sexual intercourse without disclosing their condition to their partner. This can result in misdemeanor or felony charges, depending on the circumstances. Additionally, the infected individual may face civil liability for damages if they negligently or intentionally transmit an STD to a partner who was not aware of the infection. The civil claim could be based on theories such as negligence or battery, allowing the affected partner to seek compensation for medical expenses, pain and suffering, and other damages resulting from the infection.