Can a person go to jail for having an STD and not telling the other person before having sex with them?

UPDATED: Oct 19, 2015

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Can a person go to jail for having an STD and not telling the other person before having sex with them?

It was HPV.

Asked on October 19, 2015 under Criminal Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Your state specifically criminalizes only knowingly having sex with someone while having HIV and not telling the sexual partner. There are some scenarios where if someone has another STD and is actively trying or intending to infect his/her partner--which can be very hard to establish or prove, as you can imagine--that might qualify as assault, but merely failing to tell your partner you have a non-HIV STD is not criminal in your state.
However, if the infected person's partner gets a STD because the infected person didn't warn them of the STD, the partner could sue the infected person for monetary compensation.

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