Is It Illegal to Not Tell Someone You Have an STD? 2026

Not telling someone you have an STD can be illegal, and in many US states it is a criminal offense. The answer depends on which STD you have, which state you live in, and whether transmission actually occurred.

Most people assume STD disclosure is purely a moral question. It’s not. At least 34 states have criminal laws that specifically address exposing a sexual partner to a sexually transmitted disease without disclosure. Some of those laws carry felony penalties with prison sentences.

The law in this area has also been changing. Several states reformed their HIV-specific criminal laws after 2017, reducing penalties or modernizing outdated statutes. Other states have expanded their exposure laws to cover more diseases.

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This article covers the federal and state legal framework, which STDs are criminalized, what the penalties look like, how civil liability works separately from criminal charges, and what specific states require in 2026.

Is It Illegal to Not Tell Someone You Have an STD?

Not telling someone you have an STD is illegal in many US states, but there is no single federal law that makes it a crime nationwide. The legal obligation to disclose exists in state law, and the rules vary significantly depending on where you live and which infection you have.

At least 34 states have criminal statutes that address STD exposure or non-disclosure. These laws differ in three key ways: which diseases they cover, whether transmission must actually occur for a crime to be committed, and what the penalty is. Some states criminalize the mere act of exposing someone without disclosure. Others only criminalize exposure that results in actual transmission.

The most heavily regulated disease is HIV. Every state that has a criminal STD law addresses HIV specifically. Many states also cover syphilis, gonorrhea, hepatitis B, and herpes under broader communicable disease exposure statutes.

Quick Facts:

• Federal law: No federal criminal STD disclosure requirement
• State laws: At least 34 states criminalize some form of STD exposure or non-disclosure
• Most regulated STD: HIV (covered by specific criminal statutes in most states)
• Transmission required: Varies by state; some states criminalize exposure alone
• Civil liability: Exists in all states independently of criminal laws

The legal exposure is real and serious. A person who knowingly has an STD, does not disclose it to a partner, and engages in sexual activity with that partner faces potential criminal prosecution and a separate civil lawsuit simultaneously in most states.

Do You Have to Tell Someone You Have an STD?

Whether you are legally required to tell someone you have an STD depends on your state’s law, the specific STD you have, and the circumstances of the sexual contact. There is no universal yes-or-no answer that applies across the country.

In states with active STD disclosure statutes, a person who knows they are infected with a covered disease has an affirmative legal duty to disclose that status to sexual partners before engaging in activity that could transmit the infection. Failure to do so can constitute a criminal offense even if no transmission occurs.

In states without specific STD disclosure statutes, the legal obligation is less defined. Civil courts have recognized a common law duty to disclose in these states based on negligence, fraud, and battery theories. A person in a state without a specific criminal statute can still face a civil lawsuit for not disclosing an STD that was transmitted to a partner.

The practical legal standard in most states, whether through criminal statute or civil law, boils down to one question: did you know you were infected, and did you have unprotected sex without telling your partner? If the answer to both is yes, you likely have legal exposure.

• States with specific criminal disclosure laws: Criminal charges possible, regardless of civil liability
• States without specific criminal laws: Civil liability still applies; negligence and battery theories cover STD transmission
• HIV in all states: Specific disclosure obligations exist in virtually every state
• Partner notification: Some states require medical providers to notify partners of HIV-positive diagnoses

Is It Illegal to Not Disclose an STD?

Not disclosing an STD is illegal in states that have criminal STD exposure statutes, and the laws cover a broader range of diseases than most people expect. HIV gets most of the attention, but many state statutes also cover syphilis, gonorrhea, chlamydia, herpes, and hepatitis B.

Florida Statute Section 384.24 makes it a first-degree misdemeanor, punishable by up to one year in jail, for a person who knows they have a sexually transmissible disease to have sexual intercourse with another person without first informing that person of the infection. Florida’s law covers all sexually transmissible diseases, not just HIV.

Georgia Code Section 16-5-60(b) makes reckless conduct that exposes another person to HIV a felony punishable by up to ten years in prison. The Georgia statute specifically requires knowing HIV-positive status.

Texas Health and Safety Code Section 81.002 includes HIV, and Texas Penal Code Section 22.012 criminalizes intentional exposure to HIV. Texas law makes it a state jail felony to intentionally expose another person to HIV without disclosure.

These statutes apply when a person knows their status. The law generally does not penalize someone who is infected but does not know it.

Key Takeaway: Not disclosing an STD is a crime in at least 34 US states, with penalties ranging from misdemeanor fines to felony prison sentences. HIV is covered in virtually every state, and many states extend criminal liability to other communicable diseases including syphilis, gonorrhea, and herpes.

Is It Illegal to Hide an STD from a Partner?

Actively hiding an STD from a partner, meaning knowing your status and deliberately concealing it, is the conduct most likely to result in criminal prosecution and civil liability. Courts distinguish between unknowing exposure and deliberate concealment, and deliberate concealment triggers the most serious legal consequences.

The word “knowingly” appears in virtually every criminal STD statute. This means the law only applies when you are aware of your diagnosis. If you genuinely did not know you were infected, criminal liability does not attach. However, courts have found that willful ignorance, meaning deliberately avoiding testing to maintain deniability, does not protect a person from liability in some jurisdictions.

Concealment can also convert what might be a standard STD exposure case into a fraud or battery claim in civil court. Courts in California, Texas, and New York have recognized that a person who lies about their STD status to induce a partner to have sex commits a form of sexual fraud. This can significantly increase civil damages beyond what a simple negligence claim would produce.

Evidence that prosecutors and plaintiffs’ attorneys look for in STD concealment cases:

• Text messages or emails revealing knowledge of the diagnosis
• Medical records showing treatment predating the sexual contact
• Witness testimony from medical providers or prior partners
• Online communications where the defendant admitted their status
• Pharmacy records showing prescription medications used to treat the STD

Active concealment eliminates any sympathy argument a defendant might otherwise have. Juries tend to respond harshly to evidence that a person knew, lied, and deliberately put a partner at risk.

What Happens If You Don’t Tell Someone You Have an STD?

If you don’t tell someone you have an STD and that partner is later exposed or infected, you face potential criminal prosecution, a civil lawsuit, or both. The specific consequences depend on the state, the STD, and whether transmission occurred.

On the criminal side, a prosecutor must typically prove that you knew your status, that you engaged in sexual activity that could transmit the disease, and that you did not disclose. Depending on the state and the disease, charges can range from a misdemeanor to a Class 2 felony carrying multiple years in prison.

On the civil side, your former partner can file a personal injury lawsuit seeking compensation for medical expenses, emotional distress, lost wages, and in cases involving deliberate concealment, punitive damages. Civil cases do not require a criminal conviction first. A person can be acquitted criminally and still lose a civil case because the burden of proof in civil court is lower (preponderance of the evidence rather than beyond a reasonable doubt).

The sequence of events after a partner learns of exposure typically looks like this:

• Partner discovers infection and traces it to the encounter
• Partner reports to local health department or contacts a personal injury attorney
• Health department may conduct a partner notification investigation
• Criminal complaint filed with police or district attorney
• Civil lawsuit filed in state civil court
• Both proceedings move forward simultaneously and independently

The criminal and civil systems do not coordinate. A person can face both at the same time and face separate penalties from each.

Is It Illegal to Sleep with Someone Knowing You Have an STD?

Sleeping with someone when you know you have an STD, without disclosing your status, is illegal in most US states. The critical elements are knowledge of the infection and failure to disclose before sexual contact that could transmit the disease.

Several states phrase their statutes specifically around the concept of “knowing” infection. California Health and Safety Code Section 120291 (now modified by SB 239) previously made it a felony to willfully expose another person to HIV with intent to transmit. After SB 239 took effect in 2018, California reduced this from a felony to a misdemeanor and shifted focus to intentional transmission rather than mere exposure.

Michigan Compiled Laws Section 333.5210 makes it a crime for a person with a sexually transmitted disease to engage in sexual intercourse knowing they have the disease and without informing their partner. Michigan’s law covers multiple STDs, not just HIV.

The states where sleeping with someone while knowingly infected triggers the clearest criminal exposure:

In states not on this list, civil liability through negligence and battery theories still applies. The absence of a criminal statute does not mean there are no legal consequences.

Can You Go to Jail for Not Disclosing an STD?

Yes, you can go to jail for not disclosing an STD in states with criminal exposure laws. The likelihood and length of incarceration depends on the disease, the state, and the severity of the offense.

HIV non-disclosure produces the most serious criminal consequences. States like Georgia, Louisiana, and Missouri have HIV exposure statutes that classify non-disclosure as a felony. Georgia’s statute carries a maximum of ten years. Louisiana Revised Statute 14:43.5 makes intentional exposure to HIV a felony with up to eleven years in prison.

For STDs other than HIV, criminal penalties exist but are generally less severe. Florida’s first-degree misdemeanor for STD non-disclosure carries up to one year in jail. Other states with broader communicable disease exposure laws may charge offenses in the misdemeanor range for non-HIV STDs.

Bold callout: In Louisiana, intentional exposure to HIV without disclosure under RS 14:43.5 is punishable by up to eleven years in prison with or without hard labor. Louisiana’s law has one of the harshest penalty structures for HIV non-disclosure in the country.

The practical reality is that most STD exposure prosecutions result in plea deals rather than full trials. But the threat of felony prosecution is real, and convictions do happen. In 2023, a Missouri man was convicted and sentenced under that state’s HIV exposure statute after transmitting the virus to a partner without disclosure. Missouri’s statute (RSMo 191.677) at the time of conviction classified the offense as a Class B felony.

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STD Exposure Laws Criminal Charges

Criminal charges under STD exposure laws range from misdemeanors to Class B felonies depending on the state and the specific facts. The charge classification affects not only the potential sentence but also long-term consequences like sex offender registration requirements.

Several states require HIV-positive defendants who are convicted of exposure offenses to register as sex offenders. This is one of the most controversial aspects of HIV criminalization law. Alabama, Kansas, Louisiana, South Carolina, and other states have used sex offender registration statutes in HIV exposure cases, though the legal basis for doing so has been challenged in courts.

The charge spectrum across states:

• Misdemeanor exposure: Florida (FS 384.24) for all STDs; maximum one year jail
• Felony exposure (lower tier): California (post-SB 239); misdemeanor to felony depending on facts
• Felony exposure (mid tier): Texas (TPC 22.012); state jail felony, two years maximum
• Felony exposure (higher tier): Georgia (OCGA 16-5-60); up to ten years prison
• Felony exposure (most severe): Louisiana (RS 14:43.5); up to eleven years prison

Aggravating factors that can increase charges:

• Deliberate intent to transmit rather than reckless exposure
• Multiple victims or repeated conduct
• Victim was a minor
• Defendant lied about their status rather than simply failing to disclose
• Defendant was on treatment and knowingly stopped to increase viral load

Key Takeaway: Criminal charges for STD non-disclosure range from misdemeanor to serious felony across US states. HIV cases consistently produce the most severe penalties, with some states imposing felony convictions, multi-year prison sentences, and sex offender registration for non-disclosure.

Criminal STD Exposure Laws

Criminal STD exposure laws in the United States fall into two main categories: HIV-specific laws and general communicable disease exposure laws. Both categories impose criminal liability for knowing exposure without disclosure, but they differ in scope and severity.

HIV-specific criminal laws were largely enacted between 1986 and 1994 in response to the AIDS epidemic. Many of these laws were written before modern HIV treatment existed, before the development of PrEP, and before it was understood that HIV-positive individuals with an undetectable viral load have effectively zero risk of transmitting the virus. Several states have reformed these laws since 2017 to account for these scientific advances.

General communicable disease exposure laws are broader. They cover multiple sexually transmitted diseases and sometimes extend to blood-borne pathogens. Michigan, Florida, and several other states use this broader approach, which captures more diseases but often carries lighter penalties than HIV-specific felony statutes.

States that reformed HIV criminal laws after 2017:

These reforms reflect a broader public health consensus that overly punitive HIV laws discourage testing, drive infection underground, and fail to reflect the actual transmission risk of a treated HIV-positive person.

STD Disclosure Laws by State

STD disclosure laws vary dramatically by state, covering different diseases, imposing different burdens of proof, and carrying different penalties. No two states have identical frameworks, and many states have not updated their laws to reflect current medical science.

The broadest disclosure laws are in states like Michigan and Florida, which cover multiple sexually transmitted diseases under a single statute. The narrowest laws focus solely on HIV. Some states have no specific criminal STD disclosure statute at all, relying entirely on civil liability frameworks.

States with no specific criminal STD disclosure statute include New York, Pennsylvania, and Massachusetts. In these states, civil lawsuits remain the primary legal mechanism for holding someone accountable for non-disclosure.

The absence of a criminal statute in these states does not mean there are no consequences. Civil courts in New York, Pennsylvania, and Massachusetts have consistently recognized claims for negligence and battery arising from STD transmission without disclosure.

HIV Disclosure Laws by State

HIV disclosure laws exist in some form in virtually every US state, but the content of those laws varies enormously. Some states treat HIV non-disclosure as a serious felony. Others have modernized their laws to reflect current science and impose lighter penalties.

The key legal distinction in modern HIV disclosure law is the difference between exposure and transmission. Older statutes criminalized exposure, meaning you could be charged even if you used a condom and no transmission occurred. Newer statutes focus on intentional transmission or reckless behavior with a realistic risk of transmission.

The undetectable equals untransmittable (U=U) principle has influenced some state reforms. U=U is the scientifically validated conclusion that an HIV-positive person with an undetectable viral load through treatment cannot sexually transmit the virus. States including California, Nevada, and Colorado now recognize this as a defense or use it to guide their statutory frameworks.

Missouri’s HIV law (RSMo 191.677) stands out for its severity. Before 2021 reforms, exposure was classified as a Class B felony with penalties up to fifteen years. Missouri’s law has been the subject of significant criticism from public health advocates.

Key Takeaway: HIV disclosure laws are the most heavily litigated and most reformed area of STD law. States range from treating non-disclosure as a minor misdemeanor (California post-2018) to treating it as a serious felony (Louisiana, Georgia, Missouri). The trend since 2017 has been toward modernization and reduced penalties, but many states retain harsh older statutes.

Which States Require STD Disclosure?

States that require STD disclosure as a legal matter are those with active criminal exposure statutes or civil disclosure duties recognized by courts. As of 2026, at least 34 states have some form of criminal STD exposure law.

States with the clearest and most actively enforced STD disclosure requirements include Florida, Michigan, Georgia, Louisiana, Texas, Missouri, and North Carolina. Each has a specific statute that creates a legal obligation to disclose to sexual partners before engaging in activity that could transmit the disease.

States without specific criminal STD disclosure statutes, but where civil courts recognize disclosure duties, include New York, Pennsylvania, Massachusetts, and Washington. In these states, you won’t face criminal charges for non-disclosure alone, but a civil lawsuit for negligence or battery can succeed if a partner is infected.

States with no clear legal requirement and minimal enforcement history tend to be smaller states with limited statutory frameworks around communicable disease. However, general criminal statutes like reckless endangerment can theoretically apply to intentional or reckless STD exposure in almost any state.

• States with specific criminal STD disclosure laws: At least 34 states
• States with HIV-specific criminal laws only: Approximately 25 states
• States with civil disclosure duties (no criminal statute): Several including New York
• States with reformed laws since 2017: California, Nevada, Illinois, Colorado

The practical takeaway for someone diagnosed with an STD in any state is that disclosure before sexual contact is the safest legal position regardless of whether your state has a specific criminal statute.

Is It Illegal to Have Sex Without Disclosing Herpes?

Having sex without disclosing herpes is illegal in some states under general STD exposure statutes, but herpes is far less consistently covered by criminal law than HIV. The legal exposure for herpes non-disclosure is primarily civil rather than criminal in most states.

Florida Statute Section 384.24 is one of the broadest disclosure laws in the country because it covers all sexually transmissible diseases, not just HIV. Herpes (both HSV-1 and HSV-2) qualifies as a sexually transmissible disease under Florida’s definition. A Florida resident who knows they have herpes and has sex without disclosure technically violates this statute, which is a first-degree misdemeanor.

Michigan’s communicable disease law also covers herpes under its broader STD framework. Michigan Compiled Laws Section 333.5210 applies to persons “infected with a sexually transmitted disease,” which the Michigan Department of Health has interpreted to include herpes.

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In states without a broad STD statute, herpes non-disclosure is addressed through civil courts:

• Negligence: Failure to warn a partner of a known infection
• Fraudulent misrepresentation: Lying about herpes status to induce sex
• Battery: Non-consensual exposure through deliberate concealment
• Civil courts: Have awarded significant damages in herpes transmission cases

California courts have been particularly active in civil herpes disclosure cases. In Doe v. Johnson (1993), a federal court in Michigan found civil liability for herpes transmission without disclosure. Civil damages in herpes cases have ranged from tens of thousands to hundreds of thousands of dollars depending on the circumstances and jurisdiction.

Bold callout: While criminal prosecution for herpes non-disclosure is rare outside of Florida and Michigan, civil lawsuits for herpes transmission without disclosure have succeeded in courts across the country, with jury awards sometimes exceeding $200,000.

Is It Illegal to Give Someone an STD on Purpose?

Intentionally giving someone an STD is illegal in every US state, though the specific statute used to prosecute it varies. Deliberate intentional transmission triggers the most serious criminal charges available under state law.

In states with HIV-specific criminal laws, intentional HIV transmission is typically a higher-tier felony than reckless exposure. Georgia’s statute (OCGA 16-5-60) focuses on reckless conduct with HIV, but intentional conduct could support additional aggravated battery charges. Louisiana’s statute (RS 14:43.5) makes intentional exposure to HIV a felony separate from general battery charges.

For STDs other than HIV, intentional transmission is typically prosecuted under general criminal assault and battery statutes when a specific STD exposure law doesn’t cover the disease in question. Battery is the intentional harmful or offensive touching of another person without consent. Deliberately infecting someone with an STD fits this definition in every jurisdiction that has considered the question.

Charges that apply to intentional STD transmission:

• Aggravated battery or assault: Most states, felony classification
• Reckless endangerment: Available in states without specific STD laws
• Criminal poisoning: Used in some jurisdictions for deliberate infection
• Attempted murder: Has been charged in extreme HIV cases in some states (controversial and rarely successful)
• Specific STD exposure felony: Available in states with the statutes

The attempted murder theory for HIV transmission has been tried in a small number of states. It has generally failed because courts have found that HIV infection, while serious, is not typically fatal with modern treatment and therefore does not meet the intent-to-kill element required for attempted murder.

STD Non-Disclosure Penalties

Penalties for STD non-disclosure span a wide range depending on the state, the disease involved, and whether transmission actually occurred. The spectrum runs from small fines at the misdemeanor level to decades in prison at the felony level.

The most severe penalties consistently involve HIV in states that have not reformed their criminal statutes. Louisiana (up to eleven years), Georgia (up to ten years), and Missouri (historically up to fifteen years) have the harshest maximum sentences for HIV non-disclosure.

For broader STD laws covering diseases beyond HIV, penalties are generally lighter. Florida’s misdemeanor structure for any STD non-disclosure carries a maximum of one year in jail and a $1,000 fine. Michigan’s felony structure for STD exposure carries up to two years.

Beyond the primary sentence, collateral consequences include mandatory HIV testing for defendants in some states, sex offender registration requirements, and restrictions on future sexual conduct as conditions of probation.

Civil Lawsuit for STD Transmission

A civil lawsuit for STD transmission is a personal injury claim that a person can file against a partner who transmitted an STD without disclosing their infection. These lawsuits are separate from any criminal case and can proceed regardless of whether criminal charges were filed or resulted in conviction.

Civil claims for STD transmission are built on several legal theories. Negligence applies when the defendant knew or should have known they were infected, had a duty to warn, and failed to do so. Battery applies when the defendant made knowing contact without the plaintiff’s informed consent. Fraudulent misrepresentation applies when the defendant affirmatively lied about their status to induce consent to sex.

Courts across the country have recognized all three theories. California courts have been particularly active in this area. New York courts have upheld STD transmission negligence claims. Texas civil courts have awarded damages for herpes and HIV transmission without disclosure.

What a plaintiff in a civil STD case must prove:

• The defendant knew or should have known they were infected
• The defendant had a duty to disclose (recognized in all states)
• The defendant failed to disclose or affirmatively concealed their status
• Sexual contact occurred
• The plaintiff was infected as a result
• The plaintiff suffered damages (medical costs, emotional distress, lost income)

Damages in civil STD cases can include medical expenses for treatment, costs of future medical care, lost wages during illness, emotional distress damages, and punitive damages when the conduct was deliberate. Punitive damages are available in most states when the defendant acted with malice or deliberate disregard for the plaintiff’s health and safety.

Key Takeaway: Civil liability for STD transmission without disclosure exists in every US state, independent of whether criminal charges are filed. Plaintiffs can recover medical expenses, emotional distress damages, and punitive damages. Civil cases move forward on a lower burden of proof than criminal cases, making successful civil suits possible even when criminal charges are dropped or result in acquittal.

Frequently Asked Questions

Is it a crime to not disclose an STD before sex?

Yes, in at least 34 US states it is a crime to knowingly have an STD and engage in sex without disclosing your status.
The specific crime depends on the state, the STD involved, and whether transmission occurred.
HIV non-disclosure is criminalized most consistently, but many states extend criminal liability to other sexually transmitted diseases.
States without specific criminal STD disclosure laws still allow civil lawsuits for negligence and battery.

Which STDs do you legally have to disclose?

HIV is the STD with the most consistent legal disclosure requirement across all US states.
Florida and Michigan require disclosure of all sexually transmissible diseases, not just HIV.
Other states may require disclosure of syphilis, gonorrhea, hepatitis B, and herpes under their communicable disease statutes.
The specific diseases covered depend on how each state’s statute defines “sexually transmitted” or “communicable” disease.

Can you sue someone for giving you an STD without telling you?

Yes, you can sue someone in civil court for transmitting an STD without disclosure in every US state.
Civil claims can be based on negligence, battery, or fraudulent misrepresentation.
You do not need a criminal conviction against the other person to win a civil lawsuit.
Damages can include medical expenses, emotional distress, lost wages, and punitive damages when the conduct was deliberate.

What states make STD non-disclosure a felony?

Louisiana, Georgia, Missouri, Texas, Michigan, and Illinois all have felony charges available for STD non-disclosure in certain circumstances.
Louisiana and Georgia have the harshest penalties, with maximum sentences of eleven and ten years respectively for HIV non-disclosure.
Texas classifies intentional HIV exposure as a state jail felony with up to two years.
California reformed its law in 2018 and now treats HIV non-disclosure as a misdemeanor rather than a felony.

Does using a condom protect you legally from STD disclosure laws?

Using a condom reduces your criminal exposure in some states but does not eliminate it.
California’s reformed law (post-SB 239) recognizes condom use as a factor in evaluating criminal liability for HIV exposure.
Most older state statutes do not include condom use as a complete legal defense.
Disclosure remains the legally safest action regardless of whether protection is used, because disclosure changes the consent framework of the encounter.

STD disclosure law sits at the intersection of public health, personal privacy, and criminal liability. Knowing where your state falls on this spectrum is information every sexually active adult should have before it becomes relevant.

Bookmark this page and share it with people who need to understand their rights and obligations in 2026. These laws continue to evolve, and staying informed is the best protection.

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