A Louisiana House committee shelved a bill Wednesday that would have made it illegal for someone to “intentionally” expose another person to an “incurable” sexually transmitted disease after steep concerns that criminalization could worsen the state’s proliferating STD rates.
This was the second time Rep. Patricia Moore, D-Monroe, had introduced such a bill in five years, despite opposition from public and sexual health advocates as well as people living with STDs. Moore said at a House Administration of Criminal Justice committee meeting that she wants to create a law that offers people recourse for when someone “knowingly and intentionally” doesn’t disclose their STD status.
The bill would have created a new felony, carrying up to 10 years in prison and $5,000 in fines, for someone who knows they have an “incurable” STD and exposes someone else without their knowledge and consent. Those penalties would have increased if the person exposed to the STD is a minor, over 65 years old or has an intellectual disability. The exposure under either charge would have needed to come through sexual contact, donating bodily fluids such as blood or sharing needles.
After pushback during public testimony, Moore voluntarily deferred House Bill 76.
In 2023, Louisiana had the highest rate of chlamydia cases in the country and ranked in the top 10 for syphilis, HIV and gonorrhea, according to data from the U.S. Centers for Disease Control and Prevention.
The legislation comes as other states have repealed or modernized their own laws criminalizing STDs, especially HIV, over the past decade to align with the current medical landscape. An attempt to update Louisiana’s own law criminalizing HIV failed last year.
Before the bill was deferred, Moore amended it to just focus on “incurable” STDs, removing a proposal to create a new misdemeanor charge for exposing someone to a curable STD. 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.
But the groups who opposed the bill, including several members of the Louisiana Coalition Against Criminalization and Health, said the bill would have the same problems as another state law on the books that criminalizes “intentional exposure” to HIV.
Data on how many people have been charged under the law is challenging to compile, but UCLA’s Williams Institute identified 147 allegations of HIV-related crimes between 2011 and 2022 in Louisiana, though researchers said that number could be higher.
Dietz, the coalition’s state coordinator, told the committee that said both the current law and bill contain “legal loopholes” that allow the law to be used against people living with HIV in their personal relationships, in part because it’s on the person living with the STD to prove they received the accuser’s consent.
In 2024, Dietz and other members of a state task force charged with researching the criminalization of HIV found that Louisiana’s current legal approach “can actually interfere with work to end the HIV epidemic,” according to its report.
“We’ve already made recommendations for the way the existing law allows for environments of coercion because again … proving that you disclosed your status is challenging,” Dietz said. “Even if you were to have proof in your hand, even if someone were to write it down, what if someone ripped it up? Or you lost it?”
St. Tammany Parish resident Katie Darling, who also serves as the vice chair of the Louisiana Democratic Party, shared the testimony of one of her residents who said she had been living with HIV for 25 years. Darling said the resident had her first husband sign an affidavit acknowledging that he knew she had HIV and consented, even though she was taking medication that prevented transmission. When the marriage turned physically abusive, the resident testified that her former husband threatened to take her to court over her HIV status.
“Thankfully, I had the document he signed on file at my doctor’s office. But what if I hadn’t?” Darling read from the testimony. The St. Tammany resident has now had her second husband sign a similar affidavit.
Those who opposed the bill also acknowledged that there is a need for people to have justice when they are unknowingly given an STD, whether that’s under new legislation or current laws around sexual assault.
Jennifer Tokarski, who is living with HPV, testified in support of the bill. She shared the story of her former husband who had sex outside of their marriage, refused to admit it and ultimately transmitted the virus to her.
“After five years in what I believed was a faithful relationship and Catholic marriage, I became severely ill,” Tokarski testified. “My husband attended appointments, rejected STD testing, reassuring doctors we were monogamous.”
When she learned of his infidelity, she said he battered her and filed for divorce.
“Only then did I learn he had infected me with a lifelong and incurable STD,” Tokarski said. “This is not just a private betrayal, this is a public health failure.”
Moore and Tokarski said they believed such a law would help promote honest conversations about sexual health that would lower the spread and give survivors a voice.
Studies have shown that criminalizing STDs do little to lower the number of cases and increase stigma. During testimony, public health advocates said Louisiana should invest more heavily in resources for testing and treatment as well as sexual health education, which isn’t required in schools.
At Wednesday’s meeting, Moore said she planned to work with the bill’s opponents to improve the language and possibly return the legislation to the committee if there’s time before the session. Otherwise, Moore said she will bring a form of the legislation back next year.