Is it a criminal offense to knowingly’ expose someone to HSV2?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it a criminal offense to knowingly’ expose someone to HSV2?

My ex knew that he had herpes and intentionally hid it from me. We were tested for everything

except his did not include HSV2 prior to becoming intimate my results did. We had a candid discussion about it. He assured me that he had been tested in the past and never tested positive or had any signs of it, but I found the prescription for it hidden in a drawer. Can I prosecute him criminally for exposing me?

Asked on September 8, 2017 under Criminal Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Intent or state of mind, which depends on knowledge, is the key. If someone knows they had a STD and knowingly has unprotected sex with another person without informing them of the disease (so that they cannot make their own informed decision as to engage in sex or not), that can be considered assault and they can be prosecuted for it. That does not mean that *you* can prosecute him: the authorties bring and control the case, and decide whether to bring charges in any given situation. But based on what you right, you could bring it to the authorities attention and they could prosecute him criminally.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption