A bill that would make it a felony to “knowingly and intentionally infect” someone with an incurable sexually transmitted disease, or STD, is one step closer to passage after a tight committee vote on Wednesday (May 28).
The bill — House Bill 76 — was first heard by the House Administration of Criminal Justice committee on May 7. Rep. Pat Moore, D-Monroe, who authored the bill, voluntarily deferred the legislation after significant pushback from public and sexual health advocates, as well as people living with sexually transmitted diseases and criminal defense lawyers.
The committee reheard an amended version of the bill on Wednesday , which raises the threshold for conviction to actual transmission of an STD, rather than simply exposure. Committee members voted 7-5 to advance the bill to the full House.
“If this is passed, it’s not going to please everyone,” Moore, who introduced a similar bill in 2021, said during the hearing. “But when you think about those victims who are asking for justice and say, ‘Do something about this,’ that’s in my heart and that’s in my mind. So, I think this can help.”
During the May 7 committee meeting, Moore brought along two women who claimed to have been unknowingly exposed and infected with incurable sexually transmitted infections, or STIs, including one who said she was infected by a DJ in New Orleans. The DJ was arrested earlier this year under Louisiana’s existing law that makes it a felony to intentionally expose someone to HIV without disclosure and consent.
The bill comes as other states have looked to reform or repeal similar laws, particularly those targeting people with HIV, over the past decade. Since 2014, 18 states have either loosened or repealed laws against exposure to HIV and other STDs, according to the Center for HIV Law and Policy. Studies have shown that criminalizing STDs does little to lower the number of cases and increase stigma toward people with STIs.
During testimony, public health advocates said Louisiana should invest more heavily in resources for testing and treatment, as well as sexual health education. They said these types of bills can reduce the incentive for people to get tested, since people can’t be prosecuted if they don’t know their status.
If the bill passes both legislative chambers and becomes law, a person found guilty of intentionally infecting someone else with an incurable STD without disclosing their own status could be fined up to $5,000 and be sentenced to up to 10 years in prison. The penalties would be worse if the victim is a minor, older than 65 or has an intellectual disability.
The four most common incurable sexually transmitted infections are hepatitis B, herpes simplex virus (HSV), human papillomavirus (HPV) and HIV. While no treatments exist to eliminate these viruses, all are treatable and manageable with medication, and HPV can sometimes clear up on its own.
Even with Louisiana’s current law against intentional HIV exposure, the state had the third-highest rate of new HIV diagnoses in the country in 2022, according to the Centers for Disease Control and Prevention.