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 Minnesota, the transmission of a sexually transmitted disease (STD) can lead to both civil and criminal liability if the person transmitting the disease knows or should have known they were infected and did not inform their partner prior to sexual contact. Under Minnesota law, civil liability may arise from claims such as personal injury due to negligence or battery, where the infected individual's failure to disclose their STD status could be considered a breach of duty to the uninfected person. Criminal liability is addressed under Minnesota Statutes Section 609.2241, which makes it a crime to knowingly transfer a communicable disease through sexual conduct without informing the partner of the disease. Penalties can range from misdemeanor to felony charges, depending on the circumstances and the specific disease transmitted. It is important for individuals to be aware of their health status and to communicate openly with sexual partners about any potential risks. An attorney can provide specific legal advice on this matter.