Louisiana Upholds Its Hiv Exposure Law As Other States Change Or Repeal Theirs

When Robert Smith met his early woman successful 2010, he wanted to return things slowly. For Smith, nary narration had been easy successful nan years since he was diagnosed pinch nan quality immunodeficiency virus, aliases HIV. People often became acrophobic erstwhile they learned his status, moreover moving distant erstwhile he coughed.

The mates waited months to person activity until Smith felt he could stock his aesculapian status. To hole her, Smith said, he took his woman to his occupation successful HIV prevention astatine nan Philadelphia Center, a northwestern Louisiana nonprofit that offers resources to group pinch HIV, which besides provided him lodging astatine nan time.

Finally, he revealed nan news: Smith was diagnosed pinch HIV successful 1994 and started taking regular antiviral pills successful 2006. The microorganism could nary longer beryllium detected successful his blood, and he couldn't transmit it to a intersexual partner.

Smith said his woman seemed comfortable knowing his status. When it came to sex, location was nary hesitation, he said. But a mates of years later, erstwhile Smith wanted to break up, he said, her reside shifted.

"She was like, 'If you effort to time off me, I’m gonna put you successful jail,'" recalled Smith, now 68. "At nan time, I really didn't cognize nan sincerity of it."

After they collapsed up, she reported him to nan police, accusing him of violating a little-known rule successful Louisiana — a felony called "intentional vulnerability to HIV." He disputed nan allegations, but successful 2013 accepted a plea woody to walk six months successful situation connected nan charge. He had a fewer months near connected parole from a past condemnation connected different charges, and Smith thought this action would fto him move past nan narration faster. He didn't recognize nan condemnation would besides onshore him connected nan state's activity offender registry.

For astir 2 decades, Smith had dealt pinch nan stigma associated pinch having HIV; nan registry added different furniture of exclusion, severely restricting wherever he could unrecorded and activity to debar minors. Not galore group want to prosecute a activity offender, he said. Smith has been told by nan section sheriff's agency he's not allowed to do elemental things, for illustration spell to a nationalist parkland aliases a precocious schoolhouse shot game, since nan conviction.

"I’ve been undetectable for 15 years, but that rule still punishes us," Smith said.

Louisiana is 1 of 30 states pinch criminal penalties related to exposing aliases transmitting HIV. Most of nan laws were passed successful nan 1980s during nan emergence of nan AIDS epidemic. Since then, respective states person amended their laws to make them little punitive aliases repealed them outright, including Maryland and North Dakota this year.

But Louisiana's rule remains among nan harshest. The authorities is 1 of 5 that whitethorn require group specified arsenic Smith to registry arsenic a activity offender if convicted, a explanation that tin travel them for complete a decade. And authorities lawmakers considered a measure to grow nan rule to use to different sexually transmitted infections, past grounded to walk it earlier nan convention ended.

Meanwhile, group pinch HIV besides look nan threat that national backing cuts will impact their entree to treatment, on pinch prevention efforts, supportive services, and outreach. Such strategies person proved to slow nan HIV/AIDS epidemic, dissimilar nan laws' punitive approach.

The taxation and home argumentation rule antecedently known arsenic nan "One Big Beautiful Bill" will apt impact HIV-positive group enrolled successful Medicaid by reducing national support for Medicaid and restricting eligibility. About 40% of adults nether 65 pinch HIV trust connected Medicaid.

The Trump management projected successful its fiscal 2026 fund petition to destruct HIV prevention programs astatine nan Centers for Disease Control and Prevention and to cancel a assistance that helps money lodging for group pinch HIV. The Ryan White HIV/AIDS program, nan largest national money dedicated to supporting HIV-positive people, besides faces cuts. The programme serves much than half of nan group successful nan U.S. diagnosed pinch HIV, including successful Louisiana, according to KFF, a wellness accusation nonprofit that includes KFF Health News.

Public wellness officials support that authorities laws criminalizing HIV vulnerability wounded efforts to extremity nan HIV epidemic. Epidemiologists and different experts connected AIDS work together that nan enforcement of specified laws is often shaped by fear, not science. For example, successful galore states that criminalize HIV exposure, group surviving pinch HIV tin look heightened criminal penalties for actions that can't transmit nan virus, specified arsenic spitting connected someone. The laws further stigmatize and deter group from getting tested and treatment, undermining consequence to nan epidemic, experts say.

At slightest 4,400 group successful 14 states person been arrested nether these laws, though information is constricted and nan existent number is apt higher, and nan arrests aren't decreasing, according to analyses by UCLA's Williams Institute.

" Some group deliberation it’s an rumor that’s gone away, and that simply isn’t nan case," said Nathan Cisneros, a interrogator astatine nan Williams Institute.

In Louisiana, a 2022 Williams Institute study recovered astatine slightest 147 allegations reported to rule enforcement nether nan state's HIV rule from 2011 to mid-2022. Black group made up astir three-quarters of nan group convicted and placed connected nan activity offender registry. Most were Black men, for illustration Smith. At nan clip of nan analysis, Black group made up astir two-thirds of HIV diagnoses successful nan state.

" We spot complete and complete that Black group are disproportionately affected by nan HIV pandemic and disproportionately affected by policing and incarceration successful nan United States," Cisneros said.

Nationally, different marginalized groups specified arsenic women, activity workers, nan queer community, aliases group who overlap crossed much than 1 group are besides disproportionately arrested and prosecuted nether akin criminalization laws, Cisneros said.

Ensnared successful nan system

Louisiana's rule hinges connected nan request that if a personification knows they person HIV, they must disclose their HIV position and person consent earlier exposing personification to nan virus.

Louisiana District Attorneys Association Executive Director Zach Daniels said these cases don't travel up often and tin beryllium difficult to prosecute. Daniels said nan friendly quality of nan cases tin lead to small grounds successful support of either side, particularly if nan accuser doesn't statement HIV.

When it comes to talking astir one's activity life, Daniels said, "there are often nary different witnesses, too nan 2 participants."

Louisiana's rule is written truthful that "intentional exposure" tin hap done "any intends aliases contact." That includes activity and needle-sharing, practices known to transmit nan virus. But nan connection of nan rule is truthful wide that actions known not to transmit nan microorganism — for illustration biting aliases scratching — could beryllium included, said Dietz, nan statewide coordinator for nan Louisiana Coalition connected Criminalization and Health, an defense web founded by group surviving pinch HIV that has opposed nan law.

The wide quality of nan rule creates opportunities for abuse, arsenic nan threat of being reported nether nan rule tin beryllium utilized arsenic a coercive instrumentality successful relationships, said Dietz, who goes by 1 sanction and uses they/them pronouns. Such threats, Dietz said, person kept group successful abusive relationships and loomed complete kid custody battles. Dietz said they've supported group accused of exposing their children to HIV successful ways that are not medically possible.

" 'Any intends aliases contact' could beryllium conscionable simply being astir your kids," they said.

The prosecutors' statement still supports nan rule arsenic a recourse for emergency responders who, successful uncommon instances, travel into interaction pinch humor aliases syringes containing nan virus. In 1 caller high-profile lawsuit successful New Orleans, nan rule was utilized against a section DJ accused of knowingly transmitting HIV to respective women without informing them of his position aliases utilizing a condom.

The personification accused of violating nan law, not nan accuser, must beryllium their lawsuit — that they disclosed their HIV position beforehand. Without a signed affidavit aliases portion recording, courts tin extremity up basing their decisions connected conflicting testimonies pinch small supporting evidence.

That's what Smith alleged happened to him.

After his narration ended, he said, he remembered being called into a gathering pinch his parole serviceman wherever a detective waited for him, asking astir his erstwhile narration and whether his woman had known astir his HIV status.

Smith said yes. But that's not what she had told police.

Verite News could not find a moving telephone number for Smith’s erstwhile woman but corroborated nan communicative pinch nan incident's constabulary report. His lawyer astatine nan time, a nationalist defender named Carlos Prudhomme, said he didn't retrieve overmuch astir nan case, and tribunal documents are sealed because it was a activity offense.

In court, it was her connection against his. So erstwhile he was offered six months successful situation alternatively of nan 10-year maximum, he switched his plea from not blameworthy to guilty. But he said he didn't cognize his caller condemnation would require him to registry arsenic a activity offender erstwhile he sewage retired — worsening nan stigma.

"When group spot 'sex offender,' nan first point that comes to their mind is rape, kid molester, predator," Smith said. "This rule puts maine successful a class that I don't attraction to beryllium in."

He has tried to make nan astir of it, contempt nan disbursal of paying fees each twelvemonth to reregister. After being rejected from jobs, he started a catering business and built a loyal clientele. But he said he's still stuck surviving successful a poorly maintained flat analyzable chiefly inhabited by activity offenders.

"I understand their strategy for creating this rule to forestall nan spread, but it's not helping. It's hurting; it's hindering. It's destroying people's lives alternatively of helping people's lives, particularly nan HIV community," he said. "They don't attraction astir us."

The lawsuit for reform

Since 2014, location has been a nationwide effort to update aliases repeal authorities laws that criminalize HIV nondisclosure, exposure, aliases transmission. A twelve states person changed their laws to align much intimately pinch modern science, and 4 person gotten free of them wholly successful hopes of reducing stigma and improving nationalist wellness outcomes, according to nan Center for HIV Law and Policy.

Sean McCormick, an lawyer pinch nan center, said these changes are influenced partially by a increasing assemblage of grounds showing nan laws' antagonistic consequences.

McCormick said nan laws connection a "clear disincentive" for group to get tested for HIV. If they don't cognize their status, there's nary criminal liability for transmission aliases exposure.

A 2024 study by Centers for Disease Control and Prevention and DLH Corp. researchers recovered that aft California updated its HIV criminalization rule successful 2018, respondents were much apt to get tested. Meanwhile, study respondents successful Nevada, which still had a much punitive rule connected nan books, were little apt to get tested.

There's nary one-size-fits-all solution, McCormick said. His halfway useful pinch HIV-positive group crossed nan state to find what legislative changes would activity champion successful their states.

Texas was nan first to repeal its HIV rule successful 1994.

"As a personification surviving pinch HIV successful Texas, I’m profoundly appreciative that we don’t person an HIV-specific statute that puts a target connected my back," said Michael Elizabeth, nan nationalist wellness argumentation head for nan Equality Federation.

But Elizabeth points retired that Texans surviving pinch HIV still look steeper penalties nether wide felony laws for charges specified arsenic aggravated battle aliases aggravated intersexual battle aft authorities courts successful Texas equated nan bodily fluids of a personification pinch HIV pinch a "deadly weapon."

Louisiana activists person pushed lawmakers successful nan authorities to amend nan rule successful 3 ways: removing nan activity offender registration requirement, requiring transmission to person occurred, and requiring clear intent to transmit nan virus.

"Our strategy, arsenic opposed to repeal, is to create a rule that really addresses nan benignant of boogeyman that they ostensibly created nan rule for: nan personification who successfully, maliciously, intentionally transmits HIV," said Dietz pinch nan Louisiana Coalition connected Criminalization and Health.

In 2018, a measure to constrictive nan statute was amended successful ways that expanded nan law. For example, nan updated rule nary longer had immoderate meaning of which actions "expose" personification to HIV.

In 2023, authorities lawmakers created a task unit that recommended updating Louisiana's rule to align pinch nan latest nationalist wellness guidelines, limit nan imaginable for unintended consequences, and springiness antecedently convicted group a measurement to clear their record.

Lawmakers successful nan authorities House pushed guardant a measure this twelvemonth to criminalize different sexually transmitted infections, including hepatitis B and nan herpes simplex virus. That measure died successful nan Senate, but it spurred nan creation of different legislative task unit pinch a astir identical ngo to that of nan first.

" This authorities has nary thought really intimately we conscionable dodged a bullet," Dietz said.

In nan meantime, nan Louisiana conjugation is helping Smith petition nan authorities to return his sanction disconnected nan activity offender registry. Louisiana rule allows group to petition to person their names removed from nan registry aft 10 years without immoderate caller activity crime convictions. Smith expects his lawsuit to beryllium approved by nan extremity of nan year.

Despite nan trouble of nan past 12 years, he said, he's grateful for nan chance to beryllium free from nan registry's restrictions.

"It's for illustration a activity of caller air," Smith said. "I tin do worldly that I wanted to do that I couldn't. Like, spell to a shot game. Simple worldly for illustration that, I'm going to beryllium fresh to do."