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 Indiana, the transmission of a sexually transmitted disease (STD) can lead to criminal charges under certain circumstances. Indiana Code § 35-45-16-2 specifies that a person who knowingly or intentionally fails to warn or inform their partner of their HIV status before engaging in sexual activity can be charged with a Class B misdemeanor. This can be elevated to a Level 6 felony if the person intends to infect the other person with HIV. Additionally, Indiana Code § 16-41-7-1 requires individuals who are aware they are infected with certain STDs to seek treatment and take reasonable steps to inform their sexual partners. While Indiana law specifically addresses HIV, other STDs may fall under general criminal statutes such as battery or assault if transmission occurs under circumstances that meet the elements of those crimes. Civil liability is also possible, as individuals who negligently transmit an STD without informing their partner may be sued for damages.