In many states it is a criminal offense to intentionally or recklessly transmit a sexually transmitted disease (STD or venereal disease) to another person. Examples of such diseases include HIV/AIDS, syphilis, gonorrhea, chlamydia, genital herpes, human papillomavirus (HPV), genital warts, and hepatitis B.
Laws vary from state to state, and in some states these laws include other infectious or communicable diseases. In some states there is a specific criminal offense for transmission of sexually transmitted or communicable diseases, and in other states criminal prosecutors charge the defendant with a more general crime like assault.
Laws regarding criminal liability for the intentional or reckless transmission of sexual or other infectious or communicable diseases are generally located in a state’s statutes—often in the penal or criminal code, or the health and safety code.
A person who negligently transmits a sexually transmitted disease to another person through sexual contact—without informing the other person of the offender’s infection before the sexual contact—may also be subject to civil liability for money damages in a lawsuit.
In Arizona, the intentional or knowing transmission of a sexually transmitted disease (STD) is a criminal offense. Under Arizona Revised Statutes § 13-1412, it is unlawful for a person who knows they are afflicted with a disease that is not curable by a course of medication, such as HIV/AIDS, to intentionally or knowingly engage in conduct that could expose others to the disease without informing them of the risk. This statute specifically mentions HIV and AIDS, but the language could apply to other incurable STDs as well. Violation of this law is a class 6 felony. Additionally, Arizona law allows for civil liability in cases where someone negligently transmits an STD to another person. The infected individual could be sued for damages if they fail to inform their partner of their STD status before engaging in sexual activity. These laws are designed to protect public health and to hold individuals accountable for the responsible management of their STD status in relation to sexual activity.