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 New Mexico, 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 New Mexico law, an individual may face civil liability for negligently transmitting an STD. This means that if someone with an STD fails to inform their partner and the partner contracts the disease, the infected person could be sued for damages. On the criminal side, New Mexico has specific statutes that make it a crime to intentionally infect another person with an STD. This could be prosecuted under the state's criminal laws related to battery or assault, which include the intentional infliction of harm. It's important for individuals to be aware of their health status and to communicate with sexual partners about any potential risks, as failure to do so could result in serious legal repercussions.