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 Wisconsin, the transmission of a sexually transmitted disease (STD) by an individual who knows or should have known they are infected to an uninformed partner can lead to both civil and criminal consequences. Under Wisconsin law, specifically Wisconsin Statutes section 939.22(34), a person may face criminal charges for reckless conduct if they act in a way that poses a risk of harm to another, which can include the transmission of an STD. Additionally, Wisconsin Statutes section 252.11 states that any person with an STD has the duty to prevent the spread of the disease, and failure to do so can result in criminal penalties. On the civil side, individuals may be sued for negligence or intentional infliction of harm if they knowingly transmit an STD without informing their partner. The injured party may seek monetary damages for medical expenses, emotional distress, and other related losses. It is important for individuals to be aware of these laws and to take appropriate measures to inform partners of any STDs to avoid legal repercussions.