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 Oregon, 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 Oregon law, ORS 677.190, it is considered unprofessional conduct for a healthcare provider to fail to report a known case of an STD, which underscores the importance of awareness and disclosure of such diseases. Civilly, an individual may be sued for negligence or battery if they knowingly transmit an STD without informing their partner. Criminally, Oregon Revised Statutes (ORS) 161.605 and 161.615 outline the penalties for misdemeanors and felonies, which could be applied to the knowing transmission of an STD under certain circumstances, such as when transmission constitutes assault or reckless endangerment. It is important to consult with an attorney to understand the specific applications of these laws in any given situation.