It is illegal in California to intentionally transmit an infectious disease.
In the past month, the state of California has been hard-hit by the spread of the novel coronavirus, or COVID-19. The entire state is under a shelter-in-place order, which limits movement to necessary activities, like going to work, getting groceries, and going to the pharmacy to pick up medications.
Coronavirus is a dangerous disease that is easily transmitted. Most Californians are taking care to protect themselves from getting this virus — as well as to prevent it from being transmitted to others. As criminal defense lawyer in Rancho Cucamonga, CA can explain, if a person decides to harm others by spreading this type of disease, they could face criminal charges.
Under California law, it is illegal to intentionally transmit an infectious disease. A person may be charged with this crime if:
- They know that they or a third party is afflicted with an infectious or communicable disease.
- They act with the specific intent to transmit or to cause an afflicted third party to transmit that disease to another person.
- They or the third party engage in conduct that poses a substantial risk of transmission to that person.
- They or the third party transmit the infectious or communicable disease to the other person.
An infectious or communicable disease includes diseases that spread from person to person and which have a significant public health implication.
In the past, this law has largely been used to prosecute individuals who knowingly spread sexually transmitted infections. For example, if a person is HIV+ and they have unprotected sex with multiple partners, then they may be charged with this crime. With the advent of the coronavirus, however, it is possible that prosecutors may come after individuals who purposefully spread this disease.
A violation of this law is a misdemeanor. It is punishable by imprisonment in county jail for up to 6 months and/or a fine of up to $1,000. As a criminal defense lawyer in Rancho Cucamonga, CA can explain, there are a number of potential defenses to this crime.
First, if you did not know that you had an infectious disease like COVID-19, then you cannot be charged with this crime. Because California is limiting testing of patients for COVID-19 due to a shortage of tests, a person could have a mild case without knowing it — and spread it as a result.
Second, if you did not intend to transmit COVID-19, it is not a crime. In other words, if you knew that you had this virus and took reasonable precautions to prevent transmission — but someone still got the virus from you — then it is not a crime.
Third, even if you knew that you were positive for COVID-19 and intentionally tried to spread it to others, if no one else was diagnosed with this disease as the result of your actions, it isn’t a crime. In other words, unless someone else is diagnosed with COVID-19 because of your attempt to spread it, you cannot be charged with a crime.
In this time of great anxiety, our hope is that everyone continues to take precautions to avoid the transmission of this deadly disease. However, if you are charged with a crime because you inadvertently spread COVID-19, we can help. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a consultation with an experienced criminal defense lawyer in Rancho Cucamonga, CA.
