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 West Virginia, 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. Civilly, the infected person may be sued for negligence if they fail to inform their partner of the STD, potentially resulting in monetary damages. Criminally, knowingly transmitting an STD can be prosecuted under West Virginia Code §61-8B-8, which makes it a misdemeanor to engage in sexual intercourse or sexual intrusion with another person with the intent to transmit any STD. If the transmission occurs, the offense can be elevated to a felony. It is important for individuals to be aware of their health status and to communicate openly with sexual partners about any potential risks. Those facing such legal issues should consult with an attorney to understand their rights and obligations under West Virginia law.