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 Oklahoma, 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 Oklahoma law, it is a misdemeanor for any person with knowledge that they have a communicable or venereal disease to engage in sexual conduct with another person without informing them of the disease (Oklahoma Statutes Title 21, Section 1192). This can result in criminal penalties. Additionally, the infected individual may face civil liability for damages if the transmission occurs, which can be pursued under theories of negligence or intentional torts such as battery. The injured party may seek compensation for medical expenses, pain and suffering, and other damages resulting from the infection. It is important for individuals to be aware of their health status and to communicate openly with sexual partners about STDs to avoid legal repercussions and to promote public health.