In the bustling metropolis of New York City, where cultures collide and diversity thrives, the topic of sexually transmitted STDs and their transmission has become a pressing legal concern. As medical awareness and testing have advanced, so too have the questions surrounding responsibility and accountability when it comes to spreading STDs.
In this article, eastcoastlwas.com delves into the intricate web of criminal laws and penalties surrounding the transmission of STDs in a city that never sleeps. Understanding the legal framework is crucial in ensuring public health and safety, while also safeguarding individual rights and privacy.
Join us as we explore the complex legal landscape of New York City’s criminal statutes, their evolution, and the profound impact they can have on the lives of those involved. From the legal implications to potential defenses, this article aims to shed light on an often misunderstood and under-discussed facet of the city’s legal system.
STD Laws in New York
Tort law includes sexually transmitted disease (STD) law. In general, a tort is when someone intentionally harms someone else or damages their property without being careful. If a tort is established, the person who perpetrated the act may be held accountable for compensating the victim financially.
According to New York health law, anyone who is infected with an STD must tell their partner before beginning any sexual activity. The legislation specifically stipulates that it is a misdemeanor for anyone to engage in sexual activity with another person while aware that they are infected with a contagious venereal disease.
Although the legislation is silent on a particular list of venereal diseases, it is generally agreed that herpes, syphilis, gonorrhea, hepatitis, HIV/AIDS, and other contagious diseases transferred through sexual contact fall under its purview. While a misdemeanor charge would be brought against someone found guilty of breaking this rule, the penalty may include up to a year in jail and a fine of up to $1,000.
If a defendant is found guilty of reckless endangerment—behavior that puts others in great danger of dying and exhibits disregard for human life—the charge is elevated to a felony. Up to seven years in jail and a $5,000 fine are possible penalties.
It Is Illegal To Have Sexual Relations In New York Without First Disclosing Thank You Have An STD
Anyone who engages in sexual activity with another person while aware that they are infected with a contagious venereal disease is in violation of the law in New York.
The law’s phrasing is a little ambiguous. It frequently occurs when a person with an STD engages in sexual activity with another person without disclosing to them that they are ill. For instance, if a couple engages in consensual sexual contact and both have HIV, the legislation might not apply to them.
In New York, there are very few instances where someone intentionally spreads an STD to another person. They might be admissible as both tort cases and criminal cases.
Criminal Transmission of STDs, Including HIV
Criminal transmission an STD frequently involves spreading other illnesses. State regulations may vary, but generally speaking, they cover HIV as well as other contagious or communicable STIs. While some state statutes use more general language to encompass any form of infectious or sexually transmitted disease, others utilize a list of the specific diseases covered by name.
Can You Get Arrested for Passing Along HIV or an STD?
Only if you purposefully, deliberately, or carelessly cause someone else to become infected with an STD can you be found guilty of criminal STD transmission. For instance, if you have an STD and engage in sexual activity with another person without disclosing to them that you have the condition, you may be found guilty of this offense if the other person contracts the infection. However, you cannot be held guilty of this felony if you were unwittingly afflicted with an STD.
A prosecution must be able to demonstrate that you knew you had the condition and purposefully put someone else in danger in order to convict you. Alternately, a prosecutor can demonstrate that despite being aware of your sickness, you were careless about the possibility of infecting someone else and engaged in contact that carelessly put the other person in danger.
Knowledgeable Consent from the Partner
Many states have rules that let STD carriers knowingly engage in intercourse with another person without worrying about facing legal consequences if they disclose their condition to them. Even if the other person becomes infected, the person with the STD is not guilty of criminal transmission as long as they have the other person’s permission for the relationship.
However, laws in certain other states do not recognize the informed consent exception, and it is, therefore, possible to be found guilty of criminally transmitting an STD there even if the other person is aware of the disease’s presence and gives their consent to the sex. In reality, however, prosecutors may decide not to file charges in situations where adults knowingly consented to sexual contact since they have discretion when deciding which cases to prosecute.
Penalties for Transmitting HIV or an STD
If you are found guilty of intentionally spreading an STD, you could be punished criminally. State laws classify this crime as either a felony or a minor infraction, and the potential punishments vary greatly depending on the state where it takes place. All criminal sentences carry the same potential sorts of punishments, regardless of the state.
A felony conviction has a maximum term of one year or more in prison, whereas a misdemeanor conviction carries a maximum sentence of up to one year in jail. While some states give a potential maximum term of up to one year in imprisonment for the transmission of any STD, other states impose substantially harsher penalties. Potential prison sentences for this offense range widely. A judge may also mandate that you make restitution or pay a penalty. To make up for the harm the crime caused, restitution is paid to the victim.
A person who has been found guilty of criminally transmitting an STD may also need to register as a sex offender. State-specific regulations for sex offender registration vary, but someone on the list may stay there for up to 25 years. Registration is often the harshest conceivable punishment because it makes it difficult, if not impossible, for people to find housing and employment.
Can HIV Transmission Lead to Manslaughter or Attempted Murder Charges?
If you are aware that you have HIV but continue to have unprotected sex without alerting your partner, it is conceivable (albeit uncommon) to be prosecuted with attempted murder. Although laws differ from state to state, an individual often commits the crime of attempted murder by attempting to kill another person. When someone takes action with a specific objective or plan, they are acting purposefully. Any significant move toward committing a crime can be considered an attempt under general criminal law rules.
The prosecution must demonstrate that the defendant knew they were HIV-positive, knew HIV could be transmitted through unprotected sex, engaged in unprotected sex, and intended to infect someone with the virus and ultimately kill them in order to convict them of attempted murder for failing to disclose an HIV infection to a sex partner.
Depending on how the statute is structured, attempted manslaughter allegations might be admissible. Manslaughter is based on criminally dangerous behavior rather than the intention to murder someone. It would be challenging for a prosecutor to demonstrate that someone’s reckless behavior causes an unreasonable danger of death or grave bodily damage given that HIV is no longer the death sentence it formerly was for infected individuals.