Legal Question in Personal Injury in California
How does a person get on a sex offenders list for knowingly spreading herpes in California? For example, if a person was found liable for knowing spreading herpes in a civil lawsuit, could they also be charged with a misdemeanor and put on a sex offenders list?
1 Answer from Attorneys
Sexual offender registration is a criminal penalty applicable in cases of certain sex-related crimes. I am not sure that spreading herpes is would result in such a conviction - from what I've read, and I'm not a criminal law attorney so take this with a grain of salt, it's prosecuted as a battery rather than a sexual assault. Also keep in mind that a criminal prosecution requires a greater burden of proof (beyond a reasonable doubt) than a civil tort case for personal injury (preponderance of the evidence).