types 1 and 2 are contagious, mainly by direct contact with an infected person's sores.
A never-infected person, without protective antibodies, could catch herpes from a patient with herpes encephalitis
, but he would likely just get a typical herpes infection and future recurrences of sores. It is very unlikely that he would get herpes encephalitis, because encephalitis is quite rare.
...Do you have a follow-up question? Consult Dr. Kwok, a Pediatrician with 27 years in practice: