Sexually transmitted diseases are still prevalent and are a great risk to public health. If you are infected with an STD and know it, then you spread it to a sexual partner. If you do that, you may face criminal charges in the state of North Carolina.
This news may come as a surprise to many people. Some people may be aware that certain STDs, such as HIV and AIDS, can result in criminal charges if someone is positive and has sex without letting their partner know. But the law also extends to other sexually transmitted diseases in certain circumstances.
Everyone should be aware of this part of the law. Not only to protect their own health and wellbeing but also to ensure that they understand their responsibilities to future partners. If you know you have an STD, then you have to understand the laws in North Carolina surrounding the transmission of them, plain and simple.
Sexual Transmitted Disease in North Carolina
According to a recent study in the Charlotte Observer, North Carolina has one of the highest rates of sexually transmitted disease in the United States – an infamous distinction. That means that each sexually active person in North Carolina should be aware of their STD status and the status of their partners.
Some of the most common STDs include:
- HIV/AIDS
- HPV (genital warts)
- Gonorrhea
- Herpes
- Chlamydia
- Hepatitis
- Syphilis
There are no specific criminal statutes related to HIV or AIDS in North Carolina. However, if you are aware that you are infected with an STD in the state and fail to disclose this to a sexual partner, then you can face assault charges.
Regulations for Those with HIV/AIDS
In the state of North Carolina, any person who has been diagnosed with HIV/AIDS must abide by public health regulations regarding the control of its spread. If you have HIV or AIDS and live in North Carolina, then you must:
- Use a condom when having sexual intercourse or refrain from having it
- Inform your sexual partners that you have HIV or AIDS before you have sex
- Let anyone with whom you’ve previously had sex know that you are infected
- Never donate blood, organs, tissues, breastmilk, semen, or eggs
- Never get a TB skin test
What Charges Might You Face?
If you intentionally expose another person to an STD, then it’s possible to be charged with a couple of crimes under North Carolina’s legal statutes, such as:
Assault
When you physically injure another person in North Carolina, then you commit assault. If you meant to cause serious injury, kill the victim, or use a deadly weapon, you can be charged with a felony.
The threshold for serious injury includes injuries that require medical attention. Any substance or object that can be used to kill another, including viruses or bacteria, can be considered a deadly weapon.
A good example of assault in this context would be someone with HIV who perpetrates sexual assault against another person. In addition to sexual assault charges, they may also face charges of assault with a deadly weapon due to their STD status.
Attempted Murder
If you are infected with a possibly deadly STD, and you intentionally expose them to it in order to infect them with the disease, then it’s conceivable to be charged with attempted murder in North Carolina.
What Penalties Can Be Faced?
If you have HIV/AIDS and you violate the regulations in the state regarding its spread, then you can be imprisoned for up to two years at a state hospital. You must complete the term until the court deems you safe to return to the public – and that you no longer pose a danger to public health.
If you are charged with assault, you can face up to two months behind bars and pay a fine. However, assault with a deadly weapon can send you to prison for up to 98 months.
Attempted murder, as a serious crime, can send you to prison for as long as 196 months.
Seek Legal Representation
If you have been accused of one of the above crimes due to your STD status, then you need an experienced attorney on your side. They will help you avoid serious legal consequences and understand your rights. A good lawyer can help you navigate the complex legal system world and ensure that you are protected each step of the way.
