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 Utah, 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 Utah law, specifically Utah Code Ann. § 76-10-1301, the intentional or knowing transmission of an STD can result in criminal charges. This statute makes it a crime to intentionally or knowingly transmit a communicable disease through sexual activity without first disclosing the disease to the partner. Additionally, civil liability may arise under tort law principles such as negligence or battery, where an infected person may be sued for damages for engaging in sexual activity without informing their partner of their STD status. Victims may seek compensation for medical expenses, emotional distress, and other damages resulting from the transmission of the STD. It is important for individuals to be aware of their health status and to communicate openly with sexual partners to avoid legal repercussions.