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 Ohio, 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 Ohio law, an individual may face civil liability if they negligently or intentionally transmit an STD to a partner. The affected partner could potentially file a lawsuit for personal injury based on negligence or battery, seeking monetary damages for the harm caused. On the criminal side, Ohio Revised Code Section 3701.24 prohibits a person with knowledge of their HIV-positive status from engaging in sexual activity without disclosing this information to their partner. Violation of this statute can result in criminal charges, including felonious assault, which is a felony offense. It's important to note that while HIV is specifically mentioned in the statute, other STDs may fall under general criminal laws regarding assault or battery. Consulting with an attorney can provide more detailed information about potential legal consequences and the applicability of specific laws to individual cases.