STD Laws and Filing a Lawsuit: Intentionally Transmitting an STD

There is no doubt that sexually transmitted diseases (STDs) are serious medical conditions and that people should take every precaution to prevent contracting STDs. However, should the intentional transmission of an STD be against the law? Some states believe that intentionally transmitting an STD should be a crime, others believe that it should be a crime only if the STD is HIV / AIDS, and still other states count on civil remedies to protect people from the intentional transmission of an STD. Individuals can knowingly transfer an STD onto their partner in acts of consented sex, as well as in cases involving sexual assault and rape. The laws apply for each intended act and in cases of unconsented sex, this would be an additional criminal charge from the main violation at hand.

Liabilities for Intentionally Transmitting an STD

In addition to the potential criminal liability described below, a victim may sue for an STD infection under one of the following civil theories of law if the victim alleges that the defendant intentionally transmitted an STD: battery, negligence, or the intentional inflection of emotional distress. A civil action may allow a victim to recover damages for things such as medical bills and pain and suffering that are not recoverable in a criminal action.

Criminal Penalties for Intentionally Transmitting an STD

The following chart reflects current state criminal laws regarding the intentional transmission of sexually transmitted diseases including HIV / AIDs. Currently the following states do not have statutes specific to the intentional transmission of an STD: Arizona, Connecticut, Delaware, Hawaii, Maine, Massachusetts, Nebraska, New Hampshire, New Mexico, North Carolina, Oregon, West Virginia, Wisconsin and Wyoming. However, courts may consider the intentional transmission of an STD to be an aggravated assault, as the Texas Courts found in recent years, and prosecute and sentence people pursuant to that theory of criminal law.

STDs aside from HIV/AIDs that can be commonly and knowingly transmitted include HPV, Gonorrhea, Herpes, and Chlamydia.

STATE	STATUTE CITATION	LEGAL STANDARD	LIABILITY LIMITED TO HIV / AIDS?	TYPE OF CRIME	POTENTIAL PENALTY (for first time offenders, unless otherwise noted)
Alabama	Section 22-11A-21(c)	Any person with an STD who knowingly transmits, assumes the risk of transmitting, or does any act which will likely transmit an STD is guilty	No	Class C Misdemeanor	Not more than 3 months in prison and a fine of not more than $500
Alaska	Section 12.55.155 (c)(33)	If a person is guilty of sexual assault in the first degree then the sentence may be enhanced if the defendant had previously tested positive for HIV or AIDS and the assault involved penetration or exposing the victim to the fear of HIV or Aids	Yes	Sentence Enhancement of a Felony	Sentences may exceed 99 years if the defendant is convicted
Arkansas	Section 5-14-123	If a person has tested positive for HIV and exposes another person to HIV by engaging in sexual penetration without informing the other person about the HIV then the person is guilty	Yes	Class A Felony	A prison term of 6-30 years and a fine not exceeding $15,000
California	CA Health and Safety Code Sections 120290, 120291 And CA Penal Code 12022.85 and 647f	Any person afflicted with a communicable or contagious disease who willfully exposes another is guilty of a misdemeanor Any person who knows s/he has HIV and exposes another by having unprotected sex without disclosing his or her HIV status and has intent to infect another person is guilty of a felony A person with HIV who is convicted of another sexual offense may face an enhanced sentence	No – for misdemeanor Yes – for felony and sentence enhancements	Misdemeanor or felony depending on the circumstances of the case	Misdemeanor: imprisonment in county jail of up to 6 months and a fine not to exceed $1000 Felony: prison sentence of 3 -8 years
Colorado	18-7-201 18-7-205 18-3-415	If a person had knowledge of his or her HIV / AIDS status and committed a sexual offense, sentence may be enhanced Prostitution with knowledge of having HIV / AIDS is a Class 5 Felony Patronizing a prostitute if you know yourself to have HIV/ AIDS is a Class 6 Felony	Yes	Felony	Sentence Enhancement: 3 times the upper limit of prison term up to life in prison Class 5 Felony: A fine of $1,000 - $100,000 and 1- 3 years in prison. Class 6 Felony: A fine of $1,000 - $100,000 and 12 – 18 months in prison.
Florida	384.24	It is unlawful for a person who has one of 10 specified STDs, who knows that s/he has the disease and has been informed of its contagious nature to have sexual intercourse with another person unless the other person knows about the disease and consents. It is a misdemeanor if the STD is not HIV/AIDs and a felony if it is HIV/AIDS A person involved in prostitution who knows s/he has HIV/AIDs and has been informed of the possibility of spreading the disease has committed a third degree felony.	No	Misdemeanor if STD is not HIV/AIDs Felony if STD is HIV / AIDs	Misdemeanor of the first degree: prison term not to exceed 1 year and a fine of up to $1,000 Felony of the Third Degree: prison term up to five years, a fine of up to $5,000. Penalties may be enhanced in certain situations. Felony of the First Degree (for repeat offenders): prison term of up to 30 years, a fine of up to $10,000. Penalties may be enhanced in certain situations
Georgia	16-5-60	Any person who causes bodily harm or endangers another person by disregarding a substantial and unjustifiable risk is guilty of a misdemeanor A person who knows s/he has HIV and knowingly engages in sex or sharing of needles or syringes , or other certain acts without informing the other person of his or her HIV status, is guilty of a felony.	No	Misdemeanor if not HIV Felony if HIV	Misdemeanor: Fine of up to $1,000 and jail term of up to 12 months. Felony: A fine and a prison term of up to 10 years. Prison term of up to 20 years if HIV is used as an assault on a peace officer or correctional officer.
Idaho	39-601 39-608	It is unlawful for a person to knowingly expose another person to one of the 7 contagious venereal diseases listed in statute Any person known to have HIV / AIDs who exposes another with intent to infect or attempts to transfer bodily fluids, tissue or organs is guilty of a felony	No	Unspecified for diseases other than HIV / AIDS Felony for HIV / AIDs	Punishment for diseases other than HIV / AIDS not defined Felony: prison term of up to 15 years and fine of up to $5,000
Illinois	720 IL 5-16.2	A person who knows of his or her HIV / AIDS status and engages in intimate contact with another, or performs other prohibited acts is guilty of a Class 2 Felony unless the other person knows of the HIV / AIDS status and consented to intimate contact	Yes	Felony	3-7 years in prison and fine of $25,000 or more if ordered by court
Indiana	16-41-7-1 16-41-14-17 35-42-1-7 35-41-1-9 35-41-2-6(f) 35-42-6(e) 35-45-16	Indiana has a complicated law criminalizing the behavior of a person who know s/he has HIV and knowingly or recklessly acts with regard to the safety of others	Yes	Misdemeanor Felony	Depending on the actions – the sentence could be for a A,B, C, or D Felony or an A or B misdemeanor. There is significant variation among potential prison sentences and fines
Iowa	709C.1	A person who knows to have HIV and engages in intimate contact with another or other certain prohibited activities is guilty of a class B felony unless the other person knew of the HIV status, that HIV could be transmitted and consented to intimate relations or other action resulting in exposure	Yes	Class B Felony	Prison term not to exceed 25 years
Kansas	21-3435	It is unlawful for a person who knowingly has a life threatening communicable disease to knowingly engage in sexual intercourse or sodomy or other prohibited activities with the intent to expose another person to the disease	No	Level 7, Person Felony	22-26 months in jail
Kentucky	529.090	Anyone who knows s/he has HIV and commits prostitution in a manner likely to transmit the disease is guilty	Yes	Class D Felony	1-5 years in prison and a fine of $1,000 - $10,000.
Louisiana	14:43.5 40:1062	It is unlawful to infect another with a venereal disease. Intentionally exposing someone else to the AIDS virus without the knowing and lawful consent of the victim is prohibited	No	Unspecified	Unspecified for diseases other than the AIDS virus For the AIDS virus: up to ten years in prison and up to $5,000 fine – if victim is a police officer than the potential sentence is 11 years in prison and a fine of up to $6,000
Maryland	18-601.1	A person with HIV may not knowingly transfer or attempt to transfer HIV to another	Yes	Misdemeanor	Fine of up to $2,500 and prison term not to exceed 3 years
Michigan	333.5210	Anyone who has HIV or AIDS and engages in sexual penetration with another without first informing that person of the HIV / AIDs is guilty of a felony	Yes	Felony	Fine and prison term are possible
Minnesota	609.2241	It is a crime for a person who knowingly has a communicable disease to have sexual penetration with another person (without having first informed the person of the condition) and to do certain other acts which may transfer the disease. It is a defense that the person with a communicable disease took the advice of a health professional to prevent the spread of the disease.	No	It depends	Punishable by fine and/or prison sentence
Mississippi	97-27-14	It is a felony to knowingly expose someone to HIV, Hepatitis B or Hepatitis C without prior knowledge and willing consent of the victim. It is a misdemeanor to knowingly expose someone in a correctional facility to a communicable disease.	No	Misdemeanor Felony (HIV, Hepatitis B, Hepatitis C)	Felony: 3-10 years in prison and a fine of up to $10,000 Misdemeanor: 1 year in county jail and a fine of up to $1,000
Missouri	191.677	It is unlawful for person who knows s/he has HIV to act in a reckless manner through sexual relations, sharing needles or other acts without the other person’s informed consent. Use of condoms is not a defense.	Yes	Felony	Class B Felony: 5-15 years in prison Class A Felony (if victim contracted HIV): 10 -30 years in prison or life in prison
Montana	50-18-112 and 113	A person with an STD may not knowingly expose another person to infection	No	Misdemeanor	Up to 1 year in jail
Nevada	201.205	Anyone who has tested positive for HIV and been informed of the test results, who intentionally engages in conduct that is intended or likely to transmit the disease is guilty	Yes	Class B Felony	State prison for 2-10 years and fine of up to $10,000
New Jersey	2C: 34-5	It is a crime in the 4^th degree to commit an act of sexual penetration without the informed consent of the other person if you are knowingly infected with a venereal disease It is a crime in the 3^rd degree to commit an act of sexual penetration without the informed consent of the other person if you are knowingly infected with HIV	No	Crime of the 3^rd degree Crime of the 4^th degree	Crime of the 3^rd Degree (HIV): 3-5 years in prison and a fine of up to $15,000 Crime of the 4^th degree: 0-18 months in prison and a fine of up to $10,000
New York	PBH 2307	Any person who knows s/he has an infectious venereal disease and has sexual intercourse with another may be guilty of a misdemeanor	No	Misdemeanor	Potential fine and prison term to be decided by Court
North Dakota	12.1 – 20 - 17	Any person who knows that s/he has HIV or AIDS and willfully transfers bodily fluid to another is guilty of a felony unless both people involved in the sexual activity are adults with full knowledge of the risks of the activity and a condom is used	Yes	Class A Felony	Prison term of up to 20 years and a fine of up to $10,000
Ohio	2903.11 2907.24 -25 2907.241 2921.38 2927.13	A person who knows s/he has HIV shall not knowingly engage in sexual conduct without fully informing his or her partner. Consent will not be a defense if the partner is under age 18 or lacks mental capacity. It is against the law to throw knowingly HIV positive bodily fluids at another with the purpose of threatening, harassing or alarming the victim	Yes	Felony	Generally prison for 2-8 years. May be extended to 10 years in limited circumstances May be a lesser sentence if prostitution was involved or if sexual conduct was not involved but instead bodily fluids were transferred in another manner
Oklahoma	Title 21 Sections 1031 and 1192	It is unlawful for a person diagnosed with a venereal disease (and not cured) to marry or have sexual intercourse It is unlawful for a person who knows that s/he has HIV or AIDs to engage in conduct that could reasonably result in transmission of the disease with the intent to transmit the disease and without the consent of the other person	No	Felony	Fine of up to $1,000 and prison term of up to 2 years. If prostitution was involved the prison term may be 5 years The prison term may be up to 5 years if the person has HIV/AIDS
Pennsylvania	18 Section 2703 – 2704 18 Section 5902	It is a second degree felony for a person who is confined to jail or prison to intentionally cause someone to come into contact with his or her bodily fluid if the prisoner knows or suspects that s/he has a communicable disease (such as HIV) If the above crime is committed by a life prisoner the sentence is equivalent to 2^nd degree murder. It is a third degree felony to be involved in prostitution if a person knows s/he has HIV	No	Felony	2^nd degree felony – prison for up to 10 years 3^rd degree felony – prison up to 7 years 2^nd degree murder sentence – life in prison
Rhode Island	23-11-1	It is unlawful for any person who knows s/he has an infection sexually transmitted disease to expose another	No	Unspecified	Prison for up to 3 months and fine of up to $100
South Carolina	44-29-60 – 140 44-29-145	It is a felony for a person who knows s/he has HIV to engage in sexual intercourse without first informing the other person or to engage in other activities that are likely to transmit the disease It is a misdemeanor to knowingly expose someone else to a venereal disease	No	Felony Misdemeanor	Felony - Fine of up to $5,000 and prison term of up to 10 years Misdemeanor – fine of up to $200 and prison term of up to 30 days
South Dakota	22-18-31-34	Intentionally exposing someone to HIV through sexual activity or other stated means is a class 3 felony. Consent is a defense to this crime.	Yes	Class 3 felony	Up to 15 years in prison and a fine of up to $30,000
Tennessee	39-13-109 39-13-516 68-10-107	It is a class C felony to knowingly expose someone else to HIV through sexual contact or other described activities unless the victim consented. It is a Class C misdemeanor to expose another person to an STD	No	Felony Misdemeanor	Class C Felony: 3 -15 years in jail and up to $10,000 fine Class C Misdemeanor: up to 30 days in jail and up to a $50 fine
Texas	22.02 (aggravated assault)	Texas does not have a specific statute on the intentional transmission of an STD. However, Courts have found people liable for intentionally transmitting an STD under the assault with a deadly weapon statute.	No	Felony	2 – 20 years in prison and a fine of up to $10,000
Utah	76-10-1309 76-5-102.6	*limited to prostitution and prisoners A person who knows about his or her HIV status via written personal notice of a positive test from law enforcement and who is involved in prostitution is guilty of a 3^rd degree felony. A prisoner who knows of his HIV, hepatitis B or hepatitis C status and knowingly propels bodily fluid toward a correctional officer is guilty of a 3^rd degree felony	No	Felony	Prison term not to exceed 5 years and a $5,000 fine
Vermont	21-3-1106	Any person who has sexual intercourse while knowingly infected with gonorrhea or syphilis in a communicable stage is guilty	No	Unspecified	Prison for up to 2 years and a fine of up to $500
Virginia	18.2:67.4 32.1-289.2	Any person who knowingly has HIV, syphilis, or Hepatitis B and who has sexual intercourse (or other defined sexual activity) with the intent to transmit the disease is guilty of a Class 6 felony. Any person who donates or sells (or attempts to donate or sell) blood knowingly infected with HIV is guilty of a Class 6 felony. Any person who knowingly has HIV, syphilis or Hepatitis B without disclosing that fact to a sexual partner is guilty of a Class 1 Misdemeanor	No	Class 6 Felony Class 1 Misdemeanor	Class 6 Felony: 1-5 years in jail and a fine of up to $2,500 Class 1 Misdemeanor: up to 1 year in jail and a fine of up to $2,500
Washington	9A.36.011	It is a class A felony to expose or transmit HIV to another	Yes	Felony	Up to life in prison and $50,000 in fines

STATE

STATUTE

CITATION

LEGAL

STANDARD

LIABILITY LIMITED TO HIV / AIDS?

TYPE OF CRIME

POTENTIAL PENALTY (for first time offenders, unless otherwise noted)

Alabama

Section 22-11A-21(c)

Any person with an STD who knowingly transmits, assumes the risk of transmitting, or does any act which will likely transmit an STD is guilty

Class C Misdemeanor

Not more than 3 months in prison and a fine of not more than $500

Alaska

Section 12.55.155 (c)(33)

If a person is guilty of sexual assault in the first degree then the sentence may be enhanced if the defendant had previously tested positive for HIV or AIDS and the assault involved penetration or exposing the victim to the fear of HIV or Aids

Yes

Sentence Enhancement of a Felony

Sentences may exceed 99 years if the defendant is convicted

Arkansas

Section 5-14-123

If a person has tested positive for HIV and exposes another person to HIV by engaging in sexual penetration without informing the other person about the HIV then the person is guilty

Yes

Class A Felony

A prison term of 6-30 years and a fine not exceeding $15,000

California

CA Health and Safety Code Sections 120290, 120291

And

CA Penal Code

12022.85 and 647f

Any person afflicted with a communicable or contagious disease who willfully exposes another is guilty of a misdemeanor

Any person who knows s/he has HIV and exposes another by having unprotected sex without disclosing his or her HIV status and has intent to infect another person is guilty of a felony

A person with HIV who is convicted of another sexual offense may face an enhanced sentence

No – for misdemeanor

Yes – for felony and sentence enhancements

Misdemeanor or felony depending on the circumstances of the case

Misdemeanor: imprisonment in county jail of up to 6 months and a fine not to exceed $1000

Felony: prison sentence of 3 -8 years

Colorado

18-7-201

18-7-205

18-3-415

If a person had knowledge of his or her HIV / AIDS status and committed a sexual offense, sentence may be enhanced

Prostitution with knowledge of having HIV / AIDS is a Class 5 Felony

Patronizing a prostitute if you know yourself to have HIV/ AIDS is a Class 6 Felony

Yes

Felony

Sentence Enhancement: 3 times the upper limit of prison term up to life in prison

Class 5 Felony: A fine of $1,000 - $100,000 and 1- 3 years in prison.

Class 6 Felony: A fine of $1,000 - $100,000 and 12 – 18 months in prison.

Florida

384.24

It is unlawful for a person who has one of 10 specified STDs, who knows that s/he has the disease and has been informed of its contagious nature to have sexual intercourse with another person unless the other person knows about the disease and consents. It is a misdemeanor if the STD is not HIV/AIDs and a felony if it is HIV/AIDS

A person involved in prostitution who knows s/he has HIV/AIDs and has been informed of the possibility of spreading the disease has committed a third degree felony.

Misdemeanor if STD is not HIV/AIDs

Felony if STD is HIV / AIDs

Misdemeanor of the first degree: prison term not to exceed 1 year and a fine of up to $1,000

Felony of the Third Degree: prison term up to five years, a fine of up to $5,000. Penalties may be enhanced in certain situations.

Felony of the First Degree (for repeat offenders): prison term of up to 30 years, a fine of up to $10,000. Penalties may be enhanced in certain situations

Georgia

16-5-60

Any person who causes bodily harm or endangers another person by disregarding a substantial and unjustifiable risk is guilty of a misdemeanor

A person who knows s/he has HIV and knowingly engages in sex or sharing of needles or syringes , or other certain acts without informing the other person of his or her HIV status, is guilty of a felony.

Misdemeanor if not HIV

Felony if HIV

Misdemeanor: Fine of up to $1,000 and jail term of up to 12 months.

Felony: A fine and a prison term of up to 10 years. Prison term of up to 20 years if HIV is used as an assault on a peace officer or correctional officer.

Idaho

39-601

39-608

It is unlawful for a person to knowingly expose another person to one of the 7 contagious venereal diseases listed in statute

Any person known to have HIV / AIDs who exposes another with intent to infect or attempts to transfer bodily fluids, tissue or organs is guilty of a felony

Unspecified for diseases other than HIV / AIDS

Felony for HIV / AIDs

Punishment for diseases other than HIV / AIDS not defined

Felony: prison term of up to 15 years and fine of up to $5,000

Illinois

720 IL 5-16.2

A person who knows of his or her HIV / AIDS status and engages in intimate contact with another, or performs other prohibited acts is guilty of a Class 2 Felony unless the other person knows of the HIV / AIDS status and consented to intimate contact

Yes

Felony

3-7 years in prison and fine of $25,000 or more if ordered by court

Indiana

16-41-7-1

16-41-14-17

35-42-1-7

35-41-1-9

35-41-2-6(f)

35-42-6(e)

35-45-16

Indiana has a complicated law criminalizing the behavior of a person who know s/he has HIV and knowingly or recklessly acts with regard to the safety of others

Yes

Misdemeanor

Felony

Depending on the actions – the sentence could be for a A,B, C, or D Felony or an A or B misdemeanor.

There is significant variation among potential prison sentences and fines

Iowa

709C.1

A person who knows to have HIV and engages in intimate contact with another or other certain prohibited activities is guilty of a class B felony unless the other person knew of the HIV status, that HIV could be transmitted and consented to intimate relations or other action resulting in exposure

Yes

Class B Felony

Prison term not to exceed 25 years

Kansas

21-3435

It is unlawful for a person who knowingly has a life threatening communicable disease to knowingly engage in sexual intercourse or sodomy or other prohibited activities with the intent to expose another person to the disease

Level 7, Person Felony

22-26 months in jail

Kentucky

529.090

Anyone who knows s/he has HIV and commits prostitution in a manner likely to transmit the disease is guilty

Yes

Class D Felony

1-5 years in prison and a fine of $1,000 - $10,000.

Louisiana

14:43.5

40:1062

It is unlawful to infect another with a venereal disease.

Intentionally exposing someone else to the AIDS virus without the knowing and lawful consent of the victim is prohibited

Unspecified

Unspecified for diseases other than the AIDS virus

For the AIDS virus: up to ten years in prison and up to $5,000 fine – if victim is a police officer than the potential sentence is 11 years in prison and a fine of up to $6,000

Maryland

18-601.1

A person with HIV may not knowingly transfer or attempt to transfer HIV to another

Yes

Misdemeanor

Fine of up to $2,500 and prison term not to exceed 3 years

Michigan

333.5210

Anyone who has HIV or AIDS and engages in sexual penetration with another without first informing that person of the HIV / AIDs is guilty of a felony

Yes

Felony

Fine and prison term are possible

Minnesota

609.2241

It is a crime for a person who knowingly has a communicable disease to have sexual penetration with another person (without having first informed the person of the condition) and to do certain other acts which may transfer the disease. It is a defense that the person with a communicable disease took the advice of a health professional to prevent the spread of the disease.

It depends

Punishable by fine and/or prison sentence

Mississippi

97-27-14

It is a felony to knowingly expose someone to HIV, Hepatitis B or Hepatitis C without prior knowledge and willing consent of the victim.

It is a misdemeanor to knowingly expose someone in a correctional facility to a communicable disease.

Misdemeanor

Felony (HIV, Hepatitis B, Hepatitis C)

Felony: 3-10 years in prison and a fine of up to $10,000

Misdemeanor: 1 year in county jail and a fine of up to $1,000

Missouri

191.677

It is unlawful for person who knows s/he has HIV to act in a reckless manner through sexual relations, sharing needles or other acts without the other person’s informed consent. Use of condoms is not a defense.

Yes

Felony

Class B Felony: 5-15 years in prison

Class A Felony (if victim contracted HIV): 10 -30 years in prison or life in prison

Montana

50-18-112 and 113

A person with an STD may not knowingly expose another person to infection

Misdemeanor

Up to 1 year in jail

Nevada

201.205

Anyone who has tested positive for HIV and been informed of the test results, who intentionally engages in conduct that is intended or likely to transmit the disease is guilty

Yes

Class B Felony

State prison for 2-10 years and fine of up to $10,000

New Jersey

2C: 34-5

It is a crime in the 4^th degree to commit an act of sexual penetration without the informed consent of the other person if you are knowingly infected with a venereal disease

It is a crime in the 3^rd degree to commit an act of sexual penetration without the informed consent of the other person if you are knowingly infected with HIV

Crime of the 3^rd degree

Crime of the 4^th degree

Crime of the 3^rd Degree (HIV): 3-5 years in prison and a fine of up to $15,000

Crime of the 4^th degree: 0-18 months in prison and a fine of up to $10,000

New York

PBH 2307

Any person who knows s/he has an infectious venereal disease and has sexual intercourse with another may be guilty of a misdemeanor

Misdemeanor

Potential fine and prison term to be decided by Court

North Dakota

12.1 – 20 - 17

Any person who knows that s/he has HIV or AIDS and willfully transfers bodily fluid to another is guilty of a felony unless both people involved in the sexual activity are adults with full knowledge of the risks of the activity and a condom is used

Yes

Class A Felony

Prison term of up to 20 years and a fine of up to $10,000

Ohio

2903.11

2907.24 -25

2907.241

2921.38

2927.13

A person who knows s/he has HIV shall not knowingly engage in sexual conduct without fully informing his or her partner. Consent will not be a defense if the partner is under age 18 or lacks mental capacity.

It is against the law to throw knowingly HIV positive bodily fluids at another with the purpose of threatening, harassing or alarming the victim

Yes

Felony

Generally prison for 2-8 years. May be extended to 10 years in limited circumstances

May be a lesser sentence if prostitution was involved or if sexual conduct was not involved but instead bodily fluids were transferred in another manner

Oklahoma

Title 21 Sections 1031 and 1192

It is unlawful for a person diagnosed with a venereal disease (and not cured) to marry or have sexual intercourse

It is unlawful for a person who knows that s/he has HIV or AIDs to engage in conduct that could reasonably result in transmission of the disease with the intent to transmit the disease and without the consent of the other person

Felony

Fine of up to $1,000 and prison term of up to 2 years. If prostitution was involved the prison term may be 5 years

The prison term may be up to 5 years if the person has HIV/AIDS

Pennsylvania

18 Section 2703 – 2704

18 Section 5902

It is a second degree felony for a person who is confined to jail or prison to intentionally cause someone to come into contact with his or her bodily fluid if the prisoner knows or suspects that s/he has a communicable disease (such as HIV)

If the above crime is committed by a life prisoner the sentence is equivalent to 2^nd degree murder.

It is a third degree felony to be involved in prostitution if a person knows s/he has HIV

Felony

2^nd degree felony – prison for up to 10 years

3^rd degree felony – prison up to 7 years

2^nd degree murder sentence – life in prison

Rhode Island

23-11-1

It is unlawful for any person who knows s/he has an infection sexually transmitted disease to expose another

Unspecified

Prison for up to 3 months and fine of up to $100

South Carolina

44-29-60 – 140

44-29-145

It is a felony for a person who knows s/he has HIV to engage in sexual intercourse without first informing the other person or to engage in other activities that are likely to transmit the disease

It is a misdemeanor to knowingly expose someone else to a venereal disease

Felony

Misdemeanor

Felony - Fine of up to $5,000 and prison term of up to 10 years

Misdemeanor – fine of up to $200 and prison term of up to 30 days

South Dakota

22-18-31-34

Intentionally exposing someone to HIV through sexual activity or other stated means is a class 3 felony. Consent is a defense to this crime.

Yes

Class 3 felony

Up to 15 years in prison and a fine of up to $30,000

Tennessee

39-13-109

39-13-516

68-10-107

It is a class C felony to knowingly expose someone else to HIV through sexual contact or other described activities unless the victim consented.

It is a Class C misdemeanor to expose another person to an STD

Felony

Misdemeanor

Class C Felony: 3 -15 years in jail and up to $10,000 fine

Class C Misdemeanor: up to 30 days in jail and up to a $50 fine

Texas

22.02 (aggravated assault)

Texas does not have a specific statute on the intentional transmission of an STD. However, Courts have found people liable for intentionally transmitting an STD under the assault with a deadly weapon statute.

Felony

2 – 20 years in prison and a fine of up to $10,000

Utah

76-10-1309

76-5-102.6

*limited to prostitution and prisoners

A person who knows about his or her HIV status via written personal notice of a positive test from law enforcement and who is involved in prostitution is guilty of a 3^rd degree felony.

A prisoner who knows of his HIV, hepatitis B or hepatitis C status and knowingly propels bodily fluid toward a correctional officer is guilty of a 3^rd degree felony

Felony

Prison term not to exceed 5 years and a $5,000 fine

Vermont

21-3-1106

Any person who has sexual intercourse while knowingly infected with gonorrhea or syphilis in a communicable stage is guilty

Unspecified

Prison for up to 2 years and a fine of up to $500

Virginia

18.2:67.4

32.1-289.2

Any person who knowingly has HIV, syphilis, or Hepatitis B and who has sexual intercourse (or other defined sexual activity) with the intent to transmit the disease is guilty of a Class 6 felony.

Any person who donates or sells (or attempts to donate or sell) blood knowingly infected with HIV is guilty of a Class 6 felony.

Any person who knowingly has HIV, syphilis or Hepatitis B without disclosing that fact to a sexual partner is guilty of a Class 1 Misdemeanor

Class 6 Felony

Class 1 Misdemeanor

Class 6 Felony: 1-5 years in jail and a fine of up to $2,500

Class 1 Misdemeanor: up to 1 year in jail and a fine of up to $2,500

Washington

9A.36.011

It is a class A felony to expose or transmit HIV to another

Yes

Felony

Up to life in prison and $50,000 in fines

How to File a Claim

The district attorney or state’s attorney in your jurisdiction will file the criminal case on behalf of the people of your state. If you wish to file a civil lawsuit for the intentional transmittal of an STD then it is important to contact a lawyer to represent you.

Help from an Attorney

It is important for both victims and the accused to have legal representation. If you are the victim of the intentional inflection of an STD then an attorney can help protect your rights and represent you in a civil case for damages. If you are accused of intentionally transmitting an STD then you need a good criminal defense lawyer in many states and you may also need a civil defense attorney if civil charges are filed against you.

Transmitting an STD: Sex Crimes

Liabilities for Intentionally Transmitting an STD

Criminal Penalties for Intentionally Transmitting an STD

How to File a Claim

Help from an Attorney

Get Informed

Criminal Law Topics

Criminal Law Information

Get Help With Your Case

Talk to a Lawyer or Do-It-Yourself