In a motion filed in Brooklyn federal court Monday, a lawyer for R. Kelly argued for dismissal of several counts against the singer that are based on a New York law that says it is a criminal offense for someone who knows they have an “infectious venereal disease” to have hooked up with another person.
Steve Greenberg, Kelly’s lawyer, argues that the New York law, which has been on the books since 1943, is an invasion of privacy that “makes it illegal to have private, consensual sexual intercourse.”
“This statute is facially unconstitutional. It prohibits sexual intercourse by anybody who has an STD,” Greenberg wrote. “The definition is vast, ranging from HIV to yeast infections. It includes HPV and ‘scabies.”