By Shaun Murphy
Recent legislation, known as Senate Bill 239, signed into law by California Governor Jerry Brown considers intentional transmission of sexually transmitted diseases such as herpes or hepatitis as possible criminal activity. This is based on a partner not being informed prior to intimacy with the affected person.
Moreover, the current legislation also carries penalties for those who knowingly donate blood that is infected with HIV. Under (SB-239) the current violation is a misdemeanor and includes a 3-month to 6-month period of incarceration.
Grounds For Lawsuit
Under (SB-239) those infected with herpes or other communicable disease, who were not told of the diagnosis by their partner, may have grounds for a lawsuit to cover pain, treatment and medical expenses. Compensation would be sought via legal means.
Health Warning to the Public
Situations may arise where a defendant receives instruction from an authorized public health official, or designate, to not engage in “particularized conduct” that would likely transmit a communicable disease such as herpes. In many cases, this verbal instructive is in effect for four days or 96-hours. Failure to comply violates the new legislation.
What Influences Findings of Guilt
- The defendant knows that they or a third party are infected with a communicable disease
– The defendant or third party’s behavior increases risk of disease transmission to another
– The communicable disease, such as herpes, is directly transmitted to another by the defendant or third party
Contact Our Palm Springs Sex Torts Attorneys
To acquire a free consultation, or receive further information, contact our Palm Springs personal injury law firm during normal business hours. Their legal staff stand ready to assist you.