Sexually transmitted infections (STIs) are a serious public health issue—and when transmission involves deception, negligence, or intentional conduct, it can become a criminal matter. One question often asked is: Can you go to jail for giving someone herpes?
The answer is yes—in certain circumstances, transmitting herpes (or any STI) can lead to criminal charges, civil lawsuits, and even jail time. The severity depends on whether the transmission was intentional, reckless, or accidental. Here’s how U.S. law handles these sensitive and complex cases.
When Transmitting Herpes Becomes a Crime
Simply having herpes is not a crime, and neither is consensual sexual activity between informed adults. However, what turns it into a criminal act is knowingly or recklessly exposing someone to an STI without disclosure.
Under U.S. law, most states have statutes making it illegal to:
- Knowingly transmit or expose another person to an infectious disease, including herpes, HIV, or other STIs.
- Fail to inform a sexual partner of your condition before engaging in sexual contact.
In short, if you knew you had herpes (or reasonably should have known) and you had sexual contact without telling your partner, prosecutors could view that as criminal behavior.
State Laws and Penalties
The exact penalties vary by state, but nearly every state has disease transmission or “criminal exposure” laws. These laws are not limited to HIV—they can also apply to herpes and other contagious infections.
Here are a few examples:
- California: Under Penal Code § 120290, it’s a misdemeanor to intentionally transmit an infectious disease, punishable by up to 6 months in jail.
- New York: Knowingly exposing another person to an STI can result in assault or reckless endangerment charges, carrying potential jail time.
- Florida: It’s a first-degree misdemeanor to knowingly transmit an STD without disclosure, punishable by up to one year in jail and fines up to $1,000.
If prosecutors can prove that the transmission was intentional, charges may escalate to felony assault or battery, which could carry multi-year prison sentences.
Intent Matters: Negligence vs. Intentional Transmission
The difference between a civil case and a criminal one often comes down to intent.
- Intentional Transmission: If someone knows they have herpes and deliberately infects another person—or lies about their health status—it can be prosecuted as aggravated assault, reckless endangerment, or even sexual battery. Prison sentences in such cases can range from 2 to 10 years or more, depending on the state.
- Reckless or Negligent Transmission: Even if the person didn’t intend to cause harm but engaged in risky behavior (like unprotected sex while aware of their infection), they can still face misdemeanor charges or civil liability for negligence.
If the person truly did not know they were infected, criminal charges are less likely, though they might still face a civil lawsuit for damages.
Civil Lawsuits: When It’s Not a Crime, It Can Still Cost You
Even if you avoid criminal prosecution, the person you infected can sue you in civil court. Civil lawsuits related to herpes transmission often claim:
- Negligence – failing to take reasonable precautions.
- Fraud or Misrepresentation – lying or concealing your infection.
- Battery or Intentional Infliction of Emotional Distress – engaging in non-consensual or deceitful conduct.
Juries have awarded victims tens or even hundreds of thousands of dollars in damages for medical costs, emotional distress, and pain and suffering.
How Prosecutors Build These Cases
To pursue criminal charges, prosecutors must usually prove:
1. The defendant knew or should have known they had herpes.
2. The defendant failed to inform their partner before sexual contact.
3. The partner contracted the infection as a result of that contact.
Evidence may include medical records, text messages, witness testimony, and timelines showing the infection occurred after the encounter.
If the evidence suggests intentional harm or deceit—such as telling a partner “I’m clean” despite knowing otherwise—the likelihood of prosecution increases dramatically.
Final Thoughts
So, can you go to jail for giving someone herpes? Yes—but only if it involves deception, recklessness, or intent. The key factors are knowledge and consent. If you know you have herpes, you are legally and ethically required to tell your partner before any sexual activity.
Failure to disclose can result not only in criminal charges and possible jail time, but also in civil lawsuits that could cost you financially and ruin your reputation.
The bottom line: Honesty protects both you and your partner. When it comes to sexual health, silence isn’t just irresponsible—it can be criminal.
Our dedicated team gathers information from all the reliable sources to make the law accessible and understandable for everyone. We provide the latest legal news stories from across the country, delivered straight to you.