House Bill No. by Representative McMahen amends the existing law regarding the crime of intentional exposure to HIV, renaming it to "intentional transmission of HIV." The bill specifies that a person with specific intent cannot transmit or attempt to transmit HIV to another person without the victim's knowing and lawful consent, particularly when the offender is aware of their HIV-positive status and the contact poses a substantial likelihood of transmission. The bill outlines various circumstances under which this crime can occur, including sexual contact, sharing hypodermic needles, or any means that pose a substantial likelihood of transmission, especially if the victim is a first responder.

Additionally, the bill introduces definitions for key terms, such as "substantial likelihood of transmission," and establishes affirmative defenses for defendants, including maintaining a viral load that eliminates the risk of transmission. It also clarifies that the defendant bears the burden of proof for these defenses. Furthermore, the bill amends the definition of "sex offense" to include intentional transmission of HIV only when it involves sexual contact. Overall, the legislation aims to update and clarify the legal framework surrounding HIV transmission and its implications under Louisiana law.

Statutes affected:
HB808 Original: 15:541(24)