Many states make it a crime to intentionally transmit or recklessly expose another person to a sexually transmitted disease (STD) without informing the person of their STD status.
What Is an STD?
Although jurisdictions define STDs differently, statutes generally include contagious or infectious diseases that are transmitted sexually. Some states list the individual diseases that are covered by the particular law. In those states, the diseases covered typically include the human immunodeficiency virus (HIV), syphilis, gonorrhea, chlamydia, hepatitis, genital herpes, and pelvic inflammatory disease. Other jurisdictions define STDs more generally to include any communicable disease that can be spread from one person to another and that’s a threat to public health.
Is It Illegal to Knowingly Give an STD to Another Person?
Many states criminalize knowingly exposing another person to an STD. However, some jurisdictions limit the criminalization to the knowing transmission of HIV. In other states, it’s illegal to knowingly spread any STD but it’s a more serious crime if the STD is HIV. A few jurisdictions also impose enhanced penalties if the offender commits certain crimes, like rape, while infected with an STD.
Unlawful Transmission of an STD
In most jurisdictions, to be convicted of unlawful transmission of an STD, the offender must:
- know they are infected with an STD
- intend to transmit the STD to another person
- engage in conduct that poses a substantial risk of transmission to that person, and
- transmit the STD to the other person.
High-risk conduct generally includes engaging in sexual activity and sharing needles or syringes.
Willful or Reckless Exposure of an STD
Under willful or reckless exposure laws, it’s a crime to recklessly engage in high-risk conduct without informing your partner that you’re infected with an STD. These laws typically come into play when transmission of the STD didn’t result but the person knew they had an STD.
Assault or Reckless Endangerment for STD Transmission or Exposure
In states that don’t have STD crimes, prosecutors can still file charges against someone for transmission or exposure under their state’s general laws on assault or reckless endangerment. Assault laws apply when someone intentionally causes bodily harm to another, such as by transmitting an STD. Reckless endangerment laws can be used when a person engages in reckless conduct that puts another at serious risk of bodily harm—exposure to an STD.
Defenses to STD Transmission and Exposure Charges
In states that criminalize transmitting STDs, there’s typically a defense based on disclosure and consent. In other words, the accused person can avoid a conviction by showing they informed the other person of the STD prior to engaging in sexual activity and that person nevertheless consented to the sexual activity.
The laws of some states also provide a defense if the accused took practical steps to reduce the risk of transmitting the STD. Depending on the situation, the accused person might be able to establish this defense by showing the use of a condom or compliance with a medical treatment regimen.
What Are the Penalties for Knowing Transmission or Exposure of an STD?
State laws categorize the unlawful transmission of an STD as either a misdemeanor or felony. In some jurisdictions, exposing another person to an STD is a misdemeanor, but if the STD is HIV, it’s a felony. Generally, the maximum sentence for a misdemeanor is one year in county jail, while a felony conviction typically carries a sentence of more than one year in state prison.
A few jurisdictions provide additional penalties if the offender commits rape, sexual assault, prostitution, or another sex crime while infected with an STD. For enhanced sentencing to apply, the offender must know that they are infected with an STD at the time the crime is committed.
Do You Have to Tell Your Partner That You Have an STD?
In most states, there’s no legal duty to inform or disclose your STD status to a sexual partner. But that decision could lead to criminal charges like those listed above. Informing a partner is not only a good idea, but also it's typically a defense to criminal charges.
At least one state—Indiana—requires people who test positive for HIV or Hepatitis B to inform past and present sexual partners and needle-sharing partners of their diagnosis. (Ind. Code § 16-41-7-1 (2022).)
Laws Requiring Testing and Treatment of STDs
In some states, criminal defendants may be required to test for STDs.
Defendants Facing Charges for Sex Offenses or Drug Offenses
Defendants charged with sexual offenses and crimes involving the use of injectable drugs are required to submit to STD testing in some jurisdictions. The test results are generally made available to the alleged victim and if the defendant is infected with an STD, the victim is provided with counseling and referred to a treatment provider.
Convicted Offenders or Inmates
Some states require offenders to submit to STD testing if convicted of prostitution or another sex crime. Other jurisdictions require all inmates to submit to STD testing regardless of the crime of conviction. If the offender is infected with an STD, treatment and counseling are typically required prior to release from probation or imprisonment. Additionally, the victim of a sex crime is generally notified if the offender tests positive for an STD and is provided with counseling and treatment.
Can You Be Sued for Transmitting an STD?
Yes, you could be sued for transmitting an STD to another person and found liable for personal injuries. These civil actions are typically based on negligence or an intentional tort, such as battery (for causing personal injuries) or intentional infliction of emotional distress.
Getting Help
If you're facing criminal charges, talk to a criminal defense attorney right away. If you're being sued, you'll want to speak with a lawyer who defends personal injury claims.
If you're seeking counseling or wondering how to tell your partner that you have an STD, there are organizations that can help, such as TellYourPartner.org and the American Sexual Health Association. Or talk to your health care provider.