Two of the charges in R. Kelly's federal case—one of which being that he knowingly gave a woman herpes —will not be dropped, according to the judge's decision. 

Kelly is currently being tried for several criminal accounts including sex-trafficking, racketeering, and coercion related to six women and girls amongst many others. The R&B singer's defense tried to claim that is was unconstitutional for a person to be barred from engaging in consensual sexual activity because they have a sexually transmitted infection. Judge Ann Donnelly refuted the defense’s claims, instead ruling that “public health is a legitimate state interest.”

The court papers show that she continued by explaining that "the New York Public Health Law, which makes it a misdemeanor for '[a]ny person who, knowing himself or herself to be infected with an infectious venereal disease, has sexual intercourse with another,' and Section 120.20 of the New York Penal Law, reckless endangerment in the second degree, which is 'recklessly engag[ing] in conduct which creates a substantial risk of serious physical injury to another person,' a class A misdemeanor."

This essentially means that the law rightfully penalizes those who have unprotected sex while knowing that that they have a sexually transmitted disease and choose to not inform their partner. The second charge that will not be dropped was in regards to his racketeering offenses. 

Prior to this, R. Kelly was denied jail release after he tried to claim to be pre-diabetic. Due to the rapid spread of COVID-19, many prisons have been forced to relieve some of its inmates due to health risks. R. Kelly will not be one of those inmates.

This is R. Kelly's third attempt to be released from prison.

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