Contact Us

    Publications

    California STD Law Considers Intentional Transmission Possible Crime

    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.

    Spread the love

    Comments are closed.

    Palm Springs

    Indian Wells

    Orange County

    San Diego

    New Jersey

    New York

    Palm Springs
    1800 East Tahquitz Canyon Way
    Palm Springs, CA 92262
    Indian Wells
    74785 Hwy 111, Ste. 105
    Indian Wells, CA 92210
    Orange County
    650 Town Center Drive, Ste. 1400
    Costa Mesa, CA 92626
    San Diego
    121 Broadway, Suite 553
    San Diego, California 92101
    New Jersey
    103 Carnegie Center Blvd., Ste. 300
    Princeton, NJ 08540
    New York
    405 Lexington Avenue, 26th Floor
    New York, New York
    Palm Springs California Law Firm