Abstract

This manuscript examines some case law and some state laws about intentional and negligent transmissions of sexually transmitted diseases. The author contends that even when some people knowingly have a sexually transmitted infection and are aware of legal consequences, they will still engage in sexual risk taking behaviors. This conceptual essay will attempt to illuminate the need for policymakers and legal scholars to engage in formal discourse that examines the efficacy of individuals disclosing their sexual histories to partners and intentional or negligent nondisclosure of one’s sexual infection; the possible legal consequences that may emerge from nondisclosure; and the potential economic impact on society.

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