Reduces offense of deliberately transmitting a sexually-transmitted infection to a disorderly persons offense and revises elements of the offense.
Impact
The bill redefines what constitutes a punishable offense in cases of STI transmission. It specifies that for an individual to be charged, they must have acted deliberately and with the intent to transmit the infection, while also failing to take appropriate measures to prevent transmission. This clarification is intended to focus legal action on cases of intentional harm rather than situations where consent may not have been adequately informed. As such, it can significantly affect how cases of STI transmission are prosecuted in New Jersey, potentially reducing the number of individuals facing severe criminal charges in non-malicious contexts.
Summary
Bill S312 aims to revise the existing laws governing the intentional transmission of sexually transmitted infections (STIs). The bill specifically reduces the criminal penalties for individuals who deliberately engage in sexual penetration while being knowingly infected with an STI. Under current legislation, this act is a crime of the fourth or third degree, depending on the specific infection (like HIV or other venereal diseases). The proposed change lowers the offense to a disorderly persons offense, which carries lighter penalties, including a maximum of six months of imprisonment and a fine of up to $1,000.
Contention
Opponents of S312 may argue that by reducing penalties, the bill sends a message that the transmission of STIs is a less serious offense, potentially undermining efforts for public health and safety. Furthermore, there may be concerns about the implications for victims of such transmissions, as well as how this could affect overall societal attitudes towards responsible sexual behavior. Advocates for the reduction in penalties might view it as a necessary reform aimed at encouraging individuals to seek treatment rather than hiding their status for fear of criminal repercussions.
Requires certain offenders to register under Megan's Law; upgrades the crimes of invasion of privacy and peering into a window of a dwelling for a second or subsequent offense.