01-06-2025
La. proposed bill to criminalize ‘intentional exposure' to STDs, advances
LOUISIANA (KTAL/KMSS) — A Louisiana House bill to criminalize those who intentionally expose others to sexually transmitted diseases (STDs) without their consent has moved forward and is awaiting deliberation on the House floor.
Louisiana State Representative Patricia 'Pat' Moore (D-Monroe) stated that she has been approached by victims who have contracted incurable STDs from offenders, former partners, or spouses. Her goal is to establish criminal charges, both felonies and misdemeanors, for individuals who intentionally expose others to STDs.
House Bill 76 was initially shelved on May 7; however, on May 28, 2025, it was Moore amended the proposal the night before the hearing to include rape and sexual battery, 'to criminalize and fine, not more than $5,000, imprisoned with or without hard labor for not more than ten years, or both.'
Nonprofit groups testified against this bill, including the Louisiana Coalition on Criminalization and Health. U.S. Air Force veteran and member of LCCH, Jazmine Carroll, gave testimony discussing her concerns regarding HB76.
'I oppose this bill because I believe that it discourages people from getting tested, because you can only be accused of intentionally exposing your disease to somebody if you know your status. And so, this puts people who know their status at an in and at a higher risk than those who don't.'
Carroll is also pursuing a Master's in Public Health, and shares that women are routinely tested for HPV, thus have higher rates of HPV, specifically cervical cancer.
'HPV is only currently diagnosed through routine pap smears that women receive to detect signs of cervical cancer. There is no similarly approved routine HPV test for men. That means that the burden of diagnosis and disclosure will disproportionately fall on women, and that this bill would disproportionately affect, stigmatize, and criminalize women even if they're doing everything right,' said a physician during the House testimonials.
During Carroll's testimony, she also highlighted how women in the military experience higher rates of intimate partner violence. She shared that when women in the military disclose their experience, they are often faced with violence.
Moore says HB76 specifically targets individuals living with common 'incurable STIs' such as HIV, herpes, HPV, and Hepatitis B.
Louisiana bill that would ban fluoride in public drinking water fails in committee
'I just have a problem with no accountability,' emphasised Moore.
When asked if it would also pertain to congenital STDs (diseases passed from mother to fetus), Representative Moore said she was unsure. However, she would need to discuss this further with her constituents.
'You're born with it, and it's incurable but manageable, but still, you are aware of this. And if you, your spouse, your partner, or whatever the case may be, if you know that you have this incurable disease, manageable or whatever the case may be, and you did not inform that person, then yes, this would apply to you. But again, I'm not referring to those who are born with it. You know, because this may take years, right?' said Moore the night before the hearing.
Carroll said a significant concern is how one proves they disclosed their STD to their partner.
'Let's say someone who let's say I was having sex with someone, and they knew their status, they told me they were living with HPV, and I had no clue that I was already living with HPV. So there's a chance that I could have acquired that from a previous relationship. But because I hadn't been tested quite yet, I could assume that I had transmitted that infection from my partner. And even if my partner discloses that to me, let's say we don't have it written down or there's no witness, it would be very difficult to prove that my partner had disclosed that to me, and I had agreed and consented to that interaction,' says Carroll.
La. Treasurer John Fleming on U.S. Senate run, insurance reform, state pension funds, and school choice
In the proposed substitute bill, Representative Moore underscores 'not just exposing but infecting,' which would include survivors of sexual abuse.
'That they're they're going to have to be accountable to. So you have an incurable disease. You're now in the same boat as the offender,' says Moore, 'You've got to inform because, you know, so you've got to make sure your partner or whoever is aware of your situation.'
Carroll said she is concerned this bill will encourage people not to get tested for STDs, as it only affects those who knowingly infect others.
'There was another woman who gave a testimony and said that she had disclosed her status to her husband when she was living with HIV, and he threatened to harm her had she or if she had decided to leave or he threatened to continue to harm her if she decided to leave, and if she did leave, then she had to prove that she had disclosed her status to him,' said Carroll.
She reiterates that choosing to disclose one's STD status is a private and personal conversation, but believes accountability is essential, and it starts with 'strengthening the way that we protect victims and survivors of sexual abuse and assault.'
'So, I believe that we have the same intentions. And I mean, intention is the word of the day, I guess. And so I believe that we all want justice,' says Carroll, 'That was something that was constantly said in the courtroom, when I was there, was that these survivors deserve justice in that we deserve justice, and I agree. But I think, as the Criminal Justice Committee, it is their responsibility to think critically about what justice means and what that looks like. And that doesn't necessarily always mean sending people to prison, or punishing them.'
The bill proposes that those who intentionally expose victims under the age of 18 years, and over the age of 65, 'shall be fined not more than $10,000, imprisoned with or without hard labor for not less than ten nor more than 25 years, or both.'
During the Administration of Criminal Justice hearing, on May 28th, the proposed bill received seven ayes and five nays, moving it forward, pending floor debate on Monday, June 2, 2025.
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
