A new bill filed in the Louisiana House of Representatives would make it a felony to intentionally expose someone to an incurable sexually transmitted infection (STI), including HIV and genital herpes. The legislation, House Bill 76, is set to be considered in the upcoming legislative session.

Introduced by Rep. Pat Moore (D-Monroe), HB 76 proposes prison terms of up to 10 years or a $5,000 fine for those found guilty of knowingly exposing another person to an incurable STI. More severe penalties are outlined for exposures involving children, elderly individuals, or people with intellectual disabilities.

Moore said she brought the bill forward at the request of a Louisiana woman who claimed she contracted genital herpes from her husband, who concealed his condition and was unfaithful. Moore previously filed similar legislation in 2021.

“I think it’s something that we truly need to consider,” Moore said.

The bill defines “exposure” to include:

• Sexual intercourse
• Needle sharing
• Selling or donating bodily fluids, such as blood

Intent would need to be proven for the felony charge to apply. Cases in which both parties were aware of the infection and consented would not be subject to prosecution.

In addition to the felony provision, the bill would make it a misdemeanor to expose someone to a curable STI—such as gonorrhea or chlamydia—punishable by up to six months in jail or a $1,000 fine.

Health experts and civil liberties advocates have expressed concern over the proposal, warning that criminalizing STI exposure could increase stigma, deter testing, and ultimately worsen public health outcomes.

Dr. Patty Kissinger, an infectious disease epidemiologist at Tulane University, cautioned against the bill, saying:

“Criminalization is a dangerous thing because it increases stigma for STIs. What if I had a cold, and I shook hands with somebody?”

Kissinger also raised questions about enforcement, noting that proving intent would be extremely difficult in most cases.

Louisiana already has a controversial HIV criminalization law, which carries similar penalties for people living with HIV who are accused of exposing others—regardless of whether transmission occurred. Critics argue the law is outdated and overly broad, particularly given medical advances that have made it possible for individuals with HIV to achieve undetectable viral loads and effectively eliminate the risk of transmission.

Between 2011 and 2022, at least 176 people were arrested under the state’s HIV law, according to UCLA’s Williams Institute. An analysis of arrest data found racial and gender disparities, with 91% of arrests involving Black men, a group that accounts for less than half of Louisianans living with HIV.

Moore cited rising STI rates in Louisiana as another reason for the bill. After a spike during the COVID-19 pandemic, the state remains one of the highest-ranked in the U.S. for syphilis, chlamydia, and gonorrhea.

The issue of STI transmission in legal settings has drawn attention in the past. In 2013, adult performer Mr. Marcus was jailed after falsifying his STD test, leading to multiple syphilis infections on set. He was later sued by fellow performer Lylith Lavey, who won a judgment against him for giving her syphilis in the amount of $129,360.

Pictured here is Mr. Marcus in 2021 with Sunny Lane. Despite being banned from the adult industry testing facilities such as TTS and PASS, Mr. Marcus has been secretly attempting to make a return to the industry by attending industry events, knowing that most new performers won’t know of his horrific past.

Louisiana  House Bill 76 will be debated during the legislative session. If passed, it would add new criminal penalties specific to STI exposure—offering clearer definitions than existing laws but reigniting a broader debate about privacy, stigma, and public health in the realm of sexual health and consent.