Have an STD? Is it Your Duty to Disclose?

Do you have an STD? If so, are you wondering if you are legally required to disclose it to your partners? If you live in California, the answer is yes. The law according to California Health and Safety Code 120290 says that knowing you have an infectious or communicable disease means you would be found guilty of intentional transmission if specific actions apply.

These are:

1) If you already know you, or a 3rd party, have an infectious or communicable disease
2) You specifically intend to give the disease to the other person
3) You act in a way that imposes risk of transmitting the disease to the other person
4) You transmit the disease to the other person
5) You expose the disease to the other person who does not know you have the disease

What constitutes negligence?

In order to have this law applied to you, one thing that can be held against you is negligence. This could include neglecting to use a condom, refusing to be diagnosed and treated, not informing a partner, and not practicing abstinence when you know you may be infected.

In other words, whether you think you might have a sexual disease or you know you have one, it’s up to you to find out and make sure that you don’t infect your partner. If you don’t, it is considered negligence.

What about fraudulent misrepresentation?

If you know you have a sexually transmitted disease and lie about it, or if you hide it, that is considered to be fraudulent misrepresentation. This takes away the potential partner’s right to make an informed decision about exposing themselves to the disease. For this reason, as embarrassing as it may be, it is important to tell your partner if you have a sexual disease.

If you find out that you have a sexually transmitted disease, the last thing you may want to do is tell a stranger about it. But the truth is, you may be entitled to compensation for your condition through sex tort law. And if someone accuses you of knowingly transmitting a sexual disease, you deserve to be protected.

Our Palm Springs personal injury law firm can help make sure that you aren’t taken advantage of in court. Call a personal injury lawyer to find out what your options are.

Sex Tort Law Attorneys of SBEMP

Have an STD? Is it Your Duty to Disclose?

Shaun Murphy

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

Comments are closed.

Coachella Valley

Palm Springs
1800 East Tahquitz Canyon Way
Palm Springs, CA 92262
Indian Wells
74785 Hwy 111, Ste. 105
Indian Wells, CA 92210
Costa Mesa
650 Town Center Drive, Ste. 1400
Costa Mesa, CA 92626
SBEMP Attorneys LLP