Is It Illegal in California to Give Someone an STD?

Finding out you’ve given someone else a sexually transmitted disease (STD) can be an alarming and deeply personal situation. It can also be a situation that ends in criminal charges.

It is illegal in California to give someone an STD if the person accused of transmitting the disease acted intentionally or recklessly to put the other person at risk.

The law is nuanced and requires prosecutors to prove intent and other key elements.

If you’re facing accusations of intentionally or willfully transmitting an STD to someone else, it’s important to understand your rights and options. With over 40 years of criminal defense experience, Robert M. Helfend can help you navigate these complex legal challenges.

What is the crime of intentionally transmitting an STD?

Under California Health and Safety Code 120290, it is a crime to intentionally transmit an infectious disease, including STDs such as:

  • HIV
  • AIDS
  • Chlamydia
  • Gonorrhea
  • Herpes

To be convicted under this law, the prosecution must prove all the following elements:

  1. Knowledge of infection – The defendant knew they or a third party were infected with an STD.
  2. Specific intent to transmit – The defendant intended to transmit the STD to someone else.
  3. Substantial risk activity – The defendant engaged in conduct that posed a significant risk of transmission.
  4. Actual transmission – The STD was transmitted to the victim.

If the defendant was the infected individual, the victim must not have known about the STD for charges to apply. This provision underscores the importance of disclosure and mutual awareness in intimate relationships.

What is willfully transmitting an STD?

California law also addresses situations where someone knowingly engages in risky behavior despite medical advice. Willfully transmitting an STD requires:

  • A doctor’s instruction to avoid certain conduct to prevent transmission.
  • The defendant engaging in that conduct within four days of being warned.

Unlike intentional transmission, willful transmission does not require proof that the defendant specifically intended to infect another person, but it does require evidence that the person acted recklessly.

Examples of criminal STD transmission

Prosecutors may pursue charges for intentional or willful STD transmission in cases such as:

  • Deliberately infecting others – A person knowingly and intentionally engages in sexual activity to spread an STD.
  • Third-party transmission – Encouraging or persuading someone to have intercourse with an infected individual.
  • Ignoring medical advice – Engaging in high-risk behavior despite a doctor’s explicit instructions.

These scenarios highlight the need for clear evidence of intent or recklessness, which can be challenging to establish in many cases.

If you’ve been accused of transmitting an STD, a strong defense can make all the difference. Common defenses include:

  1. Lack of knowledge – If you were unaware of your infection, you cannot be held liable under Health and Safety Code § 120290.
  2. No intent – Proving that you did not intentionally or willfully attempt to transmit the STD is critical.
  3. Practical measures – Evidence that you took reasonable steps to prevent transmission, such as using protection or following a prescribed treatment plan, can weaken the prosecution’s case.
  4. Low risk of transmission – Demonstrating that the conduct in question posed little or no risk of transmission can be an effective defense.
  5. Mutual awareness – If the alleged victim knew about the STD, charges under this law may not apply.

Every case is unique, and the most effective defense strategy will depend on the specific circumstances.

Penalties for transmitting an STD

Intentionally transmitting an STD is a misdemeanor offense in California. The penalties include:

  • Fines – Up to $1,000.
  • Jail time – Up to six months in county jail.

Willful transmission carries slightly lighter penalties:

  • Fines – Up to $1,000.
  • Jail time – Up to 90 days.

Civil lawsuits for STD transmission

In addition to criminal charges, victims of STD transmission can pursue civil lawsuits for compensation. To succeed, they must prove:

  • The defendant had an infectious STD.
  • The defendant failed to disclose their condition.
  • No measures were taken to prevent transmission.
  • Harm was reasonably foreseeable.

Civil cases often involve claims for medical expenses, emotional distress and other damages.

Accusations of intentionally or willfully transmitting an STD can have serious consequences, both legally and personally.

You need a skilled attorney who will fight to protect your rights and reputation. Robert M. Helfend has decades of experience defending clients in Los Angeles and throughout Southern California. He’s ready to build a strong defense tailored to your case.

Call today for a free consultation – 800-834-6434.

Published January 11, 2025.