Is it a crime to not disclose herpes

There is a clear moral imperative to discuss herpes with your current and potential sexual partners. Is it a crime to not disclose herpes? Should failure to disclose your std status be a crime?

Is it a crime to not disclose herpes? No, it is not illegal to not tell someone you have herpes. However, if you knowingly engage in sexual activity with that person, you could face criminal and civil penalties for failing to tell the person you have herpes.

It may be possible that you could get in legal trouble for speeding the disease in certain circumstances. The transmission of herpes could also be a result of a sex crime or sexual assault. If this is the case, it may be possible for the prosecution to add on charges for knowingly spreading a contagious disease.

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In Pennsylvania, the state could charge you with another crime if you know you have herpes and conceal that fact from a sexual partner.

You can be charged with reckless endangerment (18 Pa. Con. Stat. § 2705) if you recklessly engage in conduct that puts or could put another person in danger of serious bodily injury or death. Since there is no cure for herpes, a jury may consider transmitting herpes a serious bodily injury.

Aggravated assault

Aggravated assault is another crime that could apply if you have sex with someone when you know you have a sexually transmitted disease. Intentionally exposing someone to herpes could be considered inflicting or attempting to inflict great bodily injury.

Civil Consequences of Transmitting Herpes to a Partner

If you have sex with another person knowing you have herpes or another STD, you could be sued for damages if you do not tell the person about the disease before sex.

We all have a duty to avoid causing harm or unreasonable risk of harm to others. Breaching this duty of care can result in a negligence claim.