Bill revives effort to criminalize non-consensual STD exposure in Louisiana
A Louisiana lawmaker has introduced a bill that would create new crimes for knowingly and intentionally exposing someone to a sexually transmitted disease without their informed consent.
House Bill 76, sponsored by state Rep. Patricia Moore (D-Monroe), would establish two separate offenses: felony intentional exposure for incurable STDs and misdemeanor intentional exposure for curable ones.
Felony Exposure (incurable STD)
Under the bill, a person could face felony charges if they knowingly have an incurable STD and intentionally expose someone without that person’s knowledge or informed consent through:
- Sexual intercourse or sodomy.
- Selling/donating blood, semen, organs, etc.
- Sharing needles.
The proposed bill said the standard penalty includes up to 10 years in prison and/or up to a $5,000 fine.
There would be harsher penalties if:
- The victim is under 13 and the offender is 17 or older: 25–99 years in prison, with at least 25 years served without parole.
- The victim is under 18 with an age gap of over two years: 10–25 years, with at least 10 served without parole.
- The victim is 65 or older: Up to 25 years
- The offender has an intellectual disability: Up to 15 years’ sentence and up to a $10,000 fine
Anyone convicted would also be placed on lifetime electronic monitoring. Offenders must cover the cost of their monitoring unless deemed unable to pay, in which case the state may cover the expense. The Department of Public Safety and Corrections would be tasked with setting the payment rules.
The bill includes affirmative defenses:
- If the exposed person knew the offender’s status, knew the risks, and gave informed consent.
- If the offender disclosed their status and took preventative measures advised by a healthcare provider.
Misdemeanor Exposure (curable STD):
The bill also creates a misdemeanor offense for knowingly exposing someone to a curable STD without informed consent through the same methods listed above.
The penalty would be up to six months in jail and/or up to a $1,000 fine.
The bill’s current status is pending before the House Administration of Criminal Justice Committee.
Bill has faced past criticism
Rep. Moore filed similar legislation in 2021 (House Bill 238), which expanded an existing criminal statute that previously applied only to HIV exposure. The earlier bill drew criticism from some public health experts and LGBTQ advocates, according to a report from the Louisiana Illuminator. Opponents argued that the bill could discourage people from getting tested for STDs, since the enforcement hinges on the offender knowing their status. Groups like the HIV Medicine Association and the CDC have warned that criminalization laws can increase stigma, reduce screening, and undermine public health efforts.
Moore said at the time that her goal was to address high rates of infection in Louisiana and that she was open to amendments and input from healthcare professionals.
