R. Kelly's attorney is combatting against "unconstitutional" laws that make it illegal for people with sexually transmitted diseases to have sexual intercourse. According to PageSix, Steve Greenberg filed a motion to the Brooklyn federal court demanding for certain charges against Kelly to be dropped. Citing the state law which has been in place in 1943, Greenberg argued that it's an invasion of privacy that makes it "illegal to have private, consensual sexual intercourse."


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“This statute is facially unconstitutional. It prohibits sexual intercourse by anybody who has an STD. The definition is vast, ranging from HIV to yeast infections … It includes HPV and ‘scabbies,'” Greenberg wrote to the court. “The only requirement is that the individual knows that they have the venereal disease. In other words, it prohibits two consenting adults from having sexual intercourse if either, or both, know that they have an infectious venereal disease... It does not require that the disease be passed on, nor does it allow the consenting adults to have sexual intercourse if the venereal disease is disclosed beforehand. It does not permit the use of a condom, or account for modern day suppression drugs."

Kelly is accused by Faith Rodgers of transmitting genital herpes to her without disclosing the fact that he had the STD. Kelly has denied that he has herpes but the prosecutors on the case have claimed that he's carrying an "infectious venereal disease" from his medical records.