Historically, most states, including New York, primarily enforced criminal penalties for HIV transmission due to its potential to lead to AIDS, a life-threatening condition now and essentially a death sentence back then. However, in recent years, there has been a notable shift in the legal landscape as many states have expanded the HIV-specific laws to criminal laws that encompass various types of sexually transmitted diseases.

Nevertheless, it’s essential to recognize that not all states criminalize the transmission of STDs. In states that don’t have specific criminalization laws, a person would need to file a civil lawsuit to get restitution for damages. Nassau County, Long Island sex crimes attorney Gianni Karmily is here to provide clarity and guidance on these specific laws in New York.

If someone accuses you of recklessly infecting them with an STD and you are arrested, you need legal representation quickly. If you face criminal charges related to transmitting an STD or any other sex crime, don’t hesitate to take action. Contact the Law Firm of Gianni Karmily at (516) 630-3405 for the Great Neck location or (516) 614-4228 for the Hempstead location for skilled legal defense and support.

Does New York Only Criminalize HIV Transmission?

is it illegal to give someone an std in new york

HIV, or Human Immunodeficiency Virus, is a serious medical condition that attacks the body’s immune system, potentially leading to Acquired Immunodeficiency Syndrome (AIDS), a life-threatening condition. HIV is particularly dangerous because an HIV-positive body will have less ability to fight off infections and diseases.

In the United States, specific STD criminalization laws vary across the 50 states, with only 35 states having HIV-specific laws, according to the Centers for Disease Control and Prevention (CDC). The main four categories of state laws and federal legislation addressing criminalization of STD exposure include:

  1. HIV-specific laws that only criminalize HIV exposure during sexual relations;
  2. STD, communicable, and infectious disease laws that criminalize STDs other than just HIV;
  3. Sentence enhancement laws do not criminalize the act of transmitting an STD but can create harsher penalties for those who commit other types of sex crimes;
  4. And no specific criminalization laws.

That being said, New York stands out as a state with comprehensive laws regarding criminal transmission of a sexually transmitted infection that extends beyond just HIV exposure.

New York State laws regarding STDs reflect its commitment to safeguarding public health by addressing a wide range of communicable diseases within its criminal statutes to help prevent transmission of STD infections.

Sexually Transmitted Diseases Defined By New York Criminal Laws

Sexually Transmitted Diseases (STDs) are a type of infectious disease that’s primarily transmitted through sexual contact, posing a substantial risk if left untreated. New York State laws encompass a wide range of sexually transmitted diseases, including:

  • Chlamydia
  • Gonorrhea
  • Syphilis
  • Human Papillomavirus (HPV)
  • Genital Herpes
  • Human Immunodeficiency Virus (HIV)
  • Pelvic Inflammatory Disease (PID)
  • Scabies

Understanding these specific STD infections is essential for individuals navigating New York’s criminal laws.

Is it Illegal to Give Someone an STD in New York?

can you go to jail for giving someone herpes

Yes, it is illegal in New York if you know you are infected with an STD and knowingly engage in sexual intercourse with someone who is not infected with an STD. Knowingly transmitting an STD without the knowledge or informed consent of the other sex partner is a form of sexual assault. New York State law views this act as a form of recklessness that endangers the health and well-being of others.

Do You Have to Disclose Your STD to a Sexual Partner in New York?

In New York, individuals with a known STD infection are legally obligated to disclose their condition to their sexual partners so that they can have informed consent before engaging in sexual intercourse. Knowingly transmitting an STD to a sex partner without consent can lead to potential prison sentences in New York.

STD Transmission Penalties in New York

Criminal penalties for intentionally transmitting an STD in New York can vary depending on several factors, including the specific circumstances of the particular case and the defendant’s intent. Let’s explore the potential penalties associated with criminal transmission according to New York State law.

Penalties for Transmitting an STD to a Sexual Partner

Engaging in unprotected sex without obtaining informed consent from a partner when infected with an STD in New York can lead to serious legal consequences. Such actions can result in a misdemeanor conviction, according to N.Y. Pub. Health Law § 2307, carrying potential penalties of up to 364 days in jail and fines of up to $1,000.

Penalties for Reckless Endangerment

Reckless endangerment, in the context of New York’s laws on sexually transmitted disease (STD) transmission, means if you knowingly engage in unprotected sex or other sexual relations if you are infected with an STD, without disclosing this information, you can be found guilty of reckless endangerment.

Individuals found guilty of recklessly infecting another person can face serious consequences, including a class A misdemeanor charge. This misdemeanor can result in penalties of up to 364 days in jail, emphasizing the gravity of the offense, especially if it creates a substantial risk of serious bodily injury and potential death to the victim.

It’s important to note that for some, an STD is more than a potential for a serious bodily injury.

Possible Defenses STD Transmission Criminal Charges

can you go to jail for not telling someone you have hpv

Facing charges related to STD transmission can be incredibly daunting. However, there are potential defenses that a skilled criminal defense attorney like Gianni Karmily can employ to protect their clients’ rights and interests.

Defendant’s Lack of Knowledge of the Sexually Transmitted Disease

One of the key elements of STD criminalization in New York is that the defendant knew about the STD prior to the sexual contact. Therefore, the defendant is intentionally transmitting the infectious disease to their partner without their consent.

So, one possible defense is the defendant’s lack of knowledge regarding their STD status. If it can be shown that the defendant was unaware of their infection at the time of the alleged transmission, this lack of intent may be used as a defense.

Victim’s Informed Consent

In some cases, it can be argued that the sexual partner was aware of the defendant’s sexually transmitted infection status and willingly engaged in sexual relations despite the risks.

If a person consents to a sexual encounter despite knowing the other person’s STD status, then they cannot successfully press charges against the other party if they become infected. This informed consent element can be a crucial factor in building a defense.

Nassau County, Long Island Sex Crime Attorney

Navigating the complex landscape of STD transmission laws in New York requires the knowledge of a seasoned criminal defense attorney. Nassau County, Long Island attorney Gianni Karmily has a deep understanding of criminal law in New York, including state laws related to sex crimes and STD transmission.

If you or a loved one is facing legal issues related to STD transmission or any other criminal charges, it’s crucial to seek immediate legal representation. Gianni Karmily’s experience, knowledge, and dedication to protecting his clients’ rights make him a valuable advocate in challenging times.

Don’t hesitate to reach out to the Law Firm of Gianni Karmily at (516) 630-3405 for the Great Neck location or (516) 614-4228 for the Hempstead location to schedule a case evaluation and to secure the legal defense you need.