House Bill No. 76 introduces the crime of "intentional infection of an incurable sexually transmitted disease" in Louisiana. This new offense is defined as when a person knowingly infects another individual with an incurable sexually transmitted disease without the victim's informed consent. The bill outlines specific actions that constitute this crime, including sexual intercourse, the sale or donation of bodily fluids, and sharing needles. Penalties vary based on the victim's age and other factors, with harsher sentences for offenses involving minors or individuals with intellectual disabilities. The bill also establishes affirmative defenses for individuals accused of this crime, such as if the victim was aware of the infection and consented to the action.
Additionally, the bill amends existing law to classify the intentional infection of a sexually transmitted disease as a sex offense, thereby expanding the definition of sex offenses under Louisiana law. The amendments clarify the elements of the proposed law, including the requirement that the offender must have known about their infection at the time of the act. The bill also specifies that lack of knowledge regarding the victim's age is not a valid defense in certain circumstances, reinforcing the seriousness of the offense. Overall, this legislation aims to address public health concerns and enhance legal repercussions for those who intentionally spread incurable sexually transmitted diseases.
Statutes affected: HB76 Engrossed: 15:541(24)
HB76 Reengrossed: 15:541(24)