Most states have sexually transmitted diseases (“STDs”) laws that:
Although jurisdictions define STDs differently, statutes generally include contagious or infectious diseases that are transmitted sexually. Some states list the individual diseases that are covered by the particular law. In those states, the diseases covered typically include the human immunodeficiency virus (“HIV”), syphilis, gonorrhea, chlamydia, hepatitis, genital herpes, and pelvic inflammatory disease. Other jurisdictions define STDs more generally to include any communicable disease that can be spread from one person to another and that’s a threat to public health.
Many states criminalize knowingly exposing another person to an STD. However, some jurisdictions limit the criminalization to the knowing transmission of HIV. In other states, it’s illegal to knowingly spread any STD but it’s a more serious crime if the STD is HIV. A few jurisdictions also impose enhanced penalties if the offender commits certain crimes, like rape, while infected with an STD.
In most jurisdictions, to be convicted of exposing another person to an STD, the offender must:
Exposure and transmission generally include engaging in sexual activity, permitting the use of a syringe or needle, and donating blood, semen, body tissue, or organs for the purposes of transfer to another person.
In states that criminalize transmitting STDs, there’s typically a defense based on disclosure and consent. In other words, the accused person can avoid a conviction by showing he or she informed the other person of the STD prior to engaging in sexual activity and that person nevertheless consented to the sexual activity.
The laws of some states also provide a defense if the accused takes practical steps to reduce the risk of transmitting the STD. Depending on the situation, the accused person might be able to establish this defense by showing the use of a condom or compliance with a medical treatment regimen.
State laws categorize the unlawful transmission of an STD as either a misdemeanor or felony. In some jurisdictions, exposing another person to an STD is a misdemeanor, but if the STD is HIV, it’s a felony. Generally, the maximum sentence for a misdemeanor is one year in county jail, while a felony conviction typically carries a sentence of more than one year in state prison.
A few jurisdictions provide for additional penalties if the offender commits rape, sexual assault, prostitution, or another sex crime while infected with an STD. For enhanced sentencing to apply, the offender must know that he or she is infected with an STD at the time the crime is committed.
Pregnant women. Most states require health care providers to test pregnant women for STDs during the pregnancy and sometimes at the time of delivery. Some states require testing for a broad range of STDs, while others require testing only for specific STDs.
Defendants accused of certain crimes. Defendants charged with sexual offenses and crimes involving the use of injectable drugs are required to submit to STD testing in some jurisdictions. The test results are generally made available to the alleged victim and if the defendant is infected with an STD, the victim is provided with counseling and referred to a treatment provider.
Offenders convicted of certain crimes. Some states require offenders to submit to STD testing if convicted of prostitution or another sex crime. Other jurisdictions require all inmates to submit to STD testing regardless of the crime of conviction. If the offender is infected with an STD, treatment and counseling is typically required prior to release from probation or imprisonment. Additionally, the victim of a sex crime is generally notified if the offender tests positive for an STD and is provided with counseling and treatment.
People suspected of having an STD. Under some state laws, persons reasonably suspected of being infected with an STD must submit to testing. The person is required to obtain treatment if the results are positive for an STD. In situations in which it’s necessary to protect public health, a person infected with an STD can be isolated or quarantined.
Most jurisdictions require health care providers who diagnose or treat a person with an STD to report it to the county or state health department. Generally, the report must include:
The types of STDs that must be reported and the amount of time permitted to make the report vary by jurisdiction. In some states, a violation of the reporting requirements is a misdemeanor.
