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 Mississippi, 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 Mississippi law, knowingly exposing another person to an STD without their informed consent can result in criminal charges. Mississippi Code Section 97-29-49 specifically criminalizes the knowing exposure of another person to HIV, and similar principles may apply to other STDs under general criminal statutes. Civil liability may arise under tort law for negligence or battery if someone knowingly or recklessly transmits an STD to a partner without disclosure. The infected individual could be sued for damages, including medical expenses, pain and suffering, and emotional distress. It is important for individuals to be aware of their health status and to communicate openly with sexual partners about any potential risks. Those facing such legal issues should consult with an attorney to understand their rights and obligations under Mississippi law.