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 Hawaii, the transmission of a sexually transmitted disease (STD) by an individual who knows or should have known about their infection to an uninformed partner can lead to both civil and criminal consequences. Under Hawaii Revised Statutes §325-101 to §325-102, it is a misdemeanor for a person who is aware that they are infected with a sexually transmitted disease to knowingly expose another person to the disease. This can include engaging in sexual activity without disclosing their STD status. Civil liability may arise under negligence or intentional tort theories, where an infected individual may be sued for damages for knowingly transmitting an STD without informing their partner. The plaintiff would need to prove that the defendant knew or should have known about the infection and failed to disclose it, resulting in harm. Criminal charges could also be pursued under assault or battery statutes if the transmission is deemed to be intentional or reckless. It is important for individuals to be aware of their health status and to communicate with sexual partners to prevent the spread of STDs and avoid legal repercussions.