The transmission of a sexually transmitted disease (STD) from a person who knows or should know they have the disease to another person who is not informed of that fact before engaging in sexual contact with the infected person may result in both civil liability (for money damages) and criminal liability (for penalties).
Laws vary from state to state and some states have both civil and criminal statutes (laws enacted by the state legislature) that specifically address the transmission of sexually transmitted diseases. In other states civil lawsuits may be filed and criminal prosecutions may be made under traditional legal theories such as negligence in a civil lawsuit and battery (harmful or offensive physical contact without consent) in a criminal prosecution.
In Texas, the transmission of a sexually transmitted disease (STD) by an individual who knows or should know they are infected to an uninformed partner can lead to both civil and criminal consequences. Under Texas Civil Practice and Remedies Code, an individual may face a civil lawsuit for negligence if they transmit an STD without disclosing their status to their partner. The injured party may seek monetary damages for the harm caused. On the criminal side, Texas Penal Code may categorize the knowing transmission of an STD as assault under certain circumstances. This can result in criminal charges and penalties, including fines and imprisonment. It is important for individuals to be aware of their health status and to communicate with sexual partners to prevent the spread of STDs and avoid legal repercussions.
