HLS 25RS-598 ORIGINAL
2025 Regular Session
HOUSE BILL NO. 76
BY REPRESENTATIVE MOORE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIME/SEX OFFENSES: Creates the crimes of felony and misdemeanor intentional
exposure to a sexually transmitted disease
1 AN ACT
2To enact R.S. 14:43.5.1 and 43.5.2, relative to sexually transmitted diseases; to create the
3 crimes of felony and misdemeanor intentional exposure to a sexually transmitted
4 disease; to provide elements of the crimes; to provide criminal penalties; to provide
5 relative to the electric monitoring of the offender; to authorize the Department of
6 Public Safety and Corrections to promulgate rules; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 14:43.5.1 and 43.5.2 are hereby enacted to read as follows:
9 §43.5.1. Felony intentional exposure to a sexually transmitted disease
10 A. No person shall intentionally expose another human to a sexually
11 transmitted disease without the knowing and lawful consent of the victim, if at the
12 time of exposure, the infected person knew he had an incurable sexually transmitted
13 disease, through any of the following:
14 (1) Sexual intercourse or sodomy with another individual.
15 (2) Selling or donating one's own blood, blood products, semen, tissue,
16 organs, or other bodily fluids.
17 (3) Sharing with another individual a hypodermic needle, syringe, or both.
18 B.(1) Whoever commits the crime of felony intentional exposure to a
19 sexually transmitted disease shall be fined not more than five thousand dollars,
20 imprisoned with or without hard labor for not more than ten years, or both.
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HB NO. 76
1 (2) Whoever commits the crime of felony intentional exposure to a sexually
2 transmitted disease, when the victim is under the age of thirteen years when the
3 offense occurred and the offender is seventeen years of age or older, shall be
4 imprisoned at hard labor for not less than twenty-five years nor more than ninety-
5 nine. At least twenty-five years of the sentence shall be served without benefit of
6 parole, probation, or suspension of sentence.
7 (3) Whoever commits the crime of felony intentional exposure to a sexually
8 transmitted disease when the victim is under the age of eighteen years and there is
9 an age difference greater than two years shall be fined not more than ten thousand
10 dollars, imprisoned with or without hard labor for not less than ten nor more than
11 twenty-five years, or both. At least ten years of the sentence shall be served without
12 benefit of parole, probation, or suspension of sentence.
13 (4) Whoever commits the crime of felony intentional exposure to a sexually
14 transmitted disease when the victim is sixty-five years of age or older shall be fined
15 not more than twenty thousand dollars, imprisoned with or without hard labor for not
16 more than twenty-five years, or both.
17 (5) Whoever commits the crime of felony intentional exposure to a sexually
18 transmitted disease and has been diagnosed as having an intellectual disability shall
19 be fined no more than ten thousand dollars, imprisoned with or without hard labor
20 for not more than fifteen years, or both.
21 C.(1) It is an affirmative defense, if proven by a preponderance of the
22 evidence, that the person exposed to a sexually transmitted disease knew the infected
23 person was infected and knew the action could result in infection with a sexually
24 transmitted disease and gave consent to the action with that knowledge.
25 (2) It is an affirmative defense that the person infected with a sexually
26 transmitted disease disclosed his status to the victim and took practical means to
27 prevent transmission as advised by a physician or other healthcare provider or is a
28 healthcare provider who was following professionally accepted infection control
29 procedures.
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HB NO. 76
1 D.(1) Upon completion of the term of imprisonment imposed in accordance
2 with Paragraph B of this Section, the offender shall be monitored by the Department
3 of Public Safety and Corrections through the use of electronic monitoring equipment
4 for the remainder of his natural life.
5 (2) Unless it is determined by the Department of Public Safety and
6 Corrections, pursuant to rules adopted in accordance with the provisions of this
7 Subsection, that the offender is unable to pay all or any portion of such costs, each
8 offender to be electronically monitored shall pay the costs of such monitoring.
9 (3) The costs attributable to the electronic monitoring of an offender who has
10 been determined unable to pay shall be borne by the department if, and only to the
11 extent that, sufficient funds are made available for such purpose whether by
12 appropriation of state funds or from any other source.
13 (4) The Department of Public Safety and Corrections shall develop, adopt,
14 and promulgate rules in accordance with the Administrative Procedure Act that
15 provide for the payment of such costs. Such rules shall contain specific guidelines
16 which shall be used to determine the ability of the offender to pay the required costs
17 and shall establish the reasonable costs to be charged. Such rules may provide for
18 a sliding scale of payment so that an offender who is able to pay a portion, but not
19 all, of such costs may be required to pay such portion.
20 §43.5.2. Misdemeanor intentional exposure to a sexually transmitted disease
21 A. No person shall intentionally expose another human to a sexually
22 transmitted disease without the knowing and lawful consent of the victim if, at the
23 time of exposure, the infected person knew he had a curable sexually transmitted
24 disease through any of the following:
25 (1) Sexual intercourse or sodomy with another individual.
26 (2) Selling or donating one's own blood, blood products, semen, tissue,
27 organs, or other body fluids.
28 (3) Sharing with another individual a hypodermic needle, syringe, or both.
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HB NO. 76
1 B. Whoever commits the crime of misdemeanor intentional exposure to a
2 sexually transmitted disease shall be fined not more than one thousand dollars,
3 imprisoned for not more than six months, or both.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 76 Original 2025 Regular Session Moore
Abstract: Creates the crimes of felony and misdemeanor intentional exposure to a sexually
transmitted disease.
Proposed law provides that the crime of felony intentional exposure to a sexually transmitted
disease is when a person with an incurable sexually transmitted disease infects another
person without that person's knowledge of the disease.
Proposed law provides penalties based on the age of the victim and offender or on a
diagnosed intellectual disability of the victim.
Proposed law provides affirmative defenses to the crime of felony intentional exposure to
a sexually transmitted disease.
Proposed law provides that a convicted offender, after serving his sentence, shall be
electronically monitored by the Dept. of Public Safety and Corrections for the remainder of
his natural life.
Proposed law provides for methods of paying for electronic monitoring.
Proposed law provides that the crime of misdemeanor intentional exposure to a sexually
transmitted disease is when a person with a curable sexually transmitted disease infects
another person without that person's knowledge of the disease.
Proposed law provides for penalties for misdemeanor intentional exposure to a sexually
transmitted disease.
(Adds R.S. 14:43.5.1 and 43.5.2)
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