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 Florida, the intentional or reckless transmission of a sexually transmitted disease (STD) is addressed under Florida Statutes Section 384.24. This law makes it illegal for anyone who knows that they are infected with an STD to have sexual intercourse with another person without informing that person of their infection prior to sexual contact. The law specifically mentions HIV/AIDS, and Florida has additional statutes that address the transmission of HIV more comprehensively. Under Florida Statutes Section 775.0877, it is a felony for an individual who is informed that they are HIV positive to knowingly engage in sexual intercourse without informing their partner of their HIV status. The penalties for these offenses can be severe and may include imprisonment. Additionally, individuals who negligently transmit an STD may also face civil liability and could be sued for monetary damages by the person who was infected.