Last Updated on February 21, 2025
No one wants to be sick, but sometimes people with infectious diseases put their own needs above the needs of others and willfully expose other people to their sickness —and sometimes people even purposefully transmit their disease. When the condition is something worse than the common cold, such as herpes, tuberculosis, or chickenpox, this willful transmission is not only rude but also dangerous to public health, which is why California has outlawed the intentional exposure of an infectious disease. “Health and Safety Code section 120290 (HS) is intended to help protect the public from those who go around recklessly or purposefully transmitting disease to others,” says Vista attorney Peter Liss.
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California’s Willful Exposure Law
While it is sometimes illegal to get another person sick in California, not everyone with a contagious disease violates the law just because they leave the house. First of all, while the law doesn’t specify what diseases are or aren’t covered, you won’t be charged for exposing people to a cold or seasonal flu. If you have something more serious, though —whether potentially deadly like whooping cough or incurable like HPV, you could be charged.
Additionally, while the law doesn’t specify situations in which it would be legal to expose someone, you’ll probably be ok if the exposure occurs at a hospital or pharmacy when you seek medical treatment for your condition. The law states that to be knowingly transmitting an infectious disease, the exposure must be reckless or intentional. “It would be unreasonable and dangerous for the state to criminalize the act of seeking care for a condition,” explains Liss.
Similarly, if you don’t know that you are infected with a virus because you have not yet started showing symptoms or thought a more serious condition was a lesser illness, like a cold, your lack of knowledge would be a defense against accidental transmission.
The Exposure Need Not Result in Disease
While there is no question that intentionally getting someone sick is illegal, the law doesn’t require the exposure to be purposeful, just reckless. “When you are accused of knowingly transmitting an infectious disease though, you don’t actually need to infect anyone else,” says Liss, “even just putting someone at risk of catching your illness is illegal.” So if you have HIV, for example, and have sex with a partner without protection and without telling them about your condition, you can still be charged under 120290 (HS), even if they never catch the disease.
Additionally, if you decline to get tested to confirm that you have a specific condition though you are aware that you have the symptoms of a communicable disease, you can still be charged for willingly exposing others. “While failing to get tested when you suspect you may have the symptoms of a contagious illness is not a defense, a lack of knowledge of the disease is,” states Liss. “So if I had a client in this situation, I might argue, depending on the circumstances of the case, that my client did not know they were showing symptoms of a particular disease or that they didn’t know it was contagious.”
Penalties for Violating 120290 (HS)
While 120290 (HS) charges have been rare overall, authorities filed these cases more frequently during the coronavirus pandemic. Fortunately, these allegations are much less common now that things have largely returned to normal. Even so, people are still occasionally accused of the intentional exposure of an infectious disease, which is a misdemeanor. Those found guilty can be sentenced to up to six months in jail and up to $1,000 in fines.
Are There More Serious Charges for HIV?
Willful exposure to HIV and AIDS was once a separate and more serious felony charge filed under 120291 (HS). However, many people felt the law was discriminatory. 70% of those with HIV are men who had male-on-male sexual experiences. Most people charged with 120291 (HS) were gay men or sex workers.
While knowingly exposing someone to HIV or AIDS is no longer a separate offense, there are still sentencing enhancements for those who commit certain sex crimes. Anyone with AIDS or HIV who is found guilty of rape, statutory rape, sodomy, or oral copulation with a minor can face an additional three years prison time.
Purposefully Transmitting a Dangerous Disease in Vista
120290 (HS) is the only charge you will face for recklessly exposing someone to a contagious disease. However, you could face additional charges if you spread an infectious disease and the act was intentional. This situation is rare, but it happened occasionally during the politically charged covid-19 pandemic. Those who knowingly transmitted the disease were accused of battery or even terrorism because lawmakers of the time considered the disease to be a biological agent. Threatening to infect someone was considered a criminal threat, even if the individual making the threat did not actually have the disease. Many even speculated that someone could face manslaughter, even murder charges if someone died after exposure to the disease.
Fortunately, since the pandemic has ended and coronavirus is now considered endemic, like the seasonal flu virus, it is unlikely someone would be charged with a crime for spreading covid-19. However, if you were accused of spreading a more serious infectious disease and prosecutors believe your behavior was intentional, you could still face these types of charges depending on the specifics of the offense.
Is Coughing on Someone A Crime?
Although spitting on someone can be considered assault, coughing on someone is normally considered a rude, but legal act. On the other hand, if you knew you had an infectious disease and the cough was purposefully on or at someone, you could be charged under this law. During a pandemic though, things are different because the activity can be seen as a willful threat, which is why some individuals were charged with assault for coughing on others during the covid-19 outbreak. For example, a woman in Santa Clara has had a warrant issued for her arrest after she was recorded on video coughing on an infant in a frozen yogurt store.
“These charges are rare, but they do happen,” says Liss. “If you have been accused of this crime, I can help.” Please contact Peter M. Liss at (858) 486-3024 or (760) 643-4050 to schedule a free initial consultation to discuss your case.
