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 Tennessee, 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 Tennessee law, civil liability may arise if the infected person's actions are deemed negligent, meaning they failed to take reasonable care to prevent the spread of the STD. This could result in a lawsuit for monetary damages. On the criminal side, Tennessee Code Annotated § 39-13-516 specifically criminalizes the knowing exposure to another person to HIV without the informed consent of the person at risk. While this statute is specific to HIV, other STDs may fall under general criminal statutes such as assault or battery if the transmission involves intentional or reckless conduct. It's important for individuals to be aware of their health status and to communicate openly with sexual partners about any potential risks. An attorney can provide guidance on the specifics of the law and representation if legal action is taken.