(a) Except as provided in Section 120291 or in the case of the removal of an afflicted person in a manner the least dangerous to the public health, any person afflicted with any contagious, infectious, or communicable disease who willfully exposes himself or herself to another person, and any person who willfully exposes another person afflicted with the disease to someone else, is guilty of a misdemeanor.
(b) This section shall not apply to a person who donates an organ for transplantation or research purposes.
(Amended by Stats. 2016, Ch. 18, Sec. 6. Effective May 27, 2016.)
That is the health and safety code. The statute requires willful exposure; normally the court will take into account consent so if the other party knew of the condition and did not take means to protect themselves it may be deemed implied consent and the prosecutor is less likely to criminally prosecute.
As for civil issues, CA uses comparative negligence; so if they find the plaintiff was negligent they will reduce any damage award accordingly-so if the person knew of the condition and continued, then normally that would bar recovery.
Further questions? Please post here to continue the chat.
Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned
5 stars 🌟🌟🌟🌟🌟*****
as I strive to provide my customers with great service. ☺️
(no additional charges are incurred).
Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.