State of Missouri v. S.F., 483 S.W.3d 385

Defendant S.F. knew she tested HIV-positive in 2003 and received counseling about the diagnosis.
Several years later S.F. had sexual intercourse with Victim without disclosing her HIV status.
She was indicted under Mo. Rev. Stat. § 191.677 for exposing another to HIV; charge reduced from class A to class B felony at trial in exchange for bench trial waiver.
At trial S.F. stipulated she knew her status, had intercourse with Victim, did not disclose her status, and thus recklessly exposed Victim without his knowledge or consent; she offered no defense evidence.
Trial court convicted S.F. and sentenced her to seven years; she appealed raising First Amendment free-speech and Fourteenth Amendment privacy/due-process claims challenging § 191.677.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether § 191.677 violates the First Amendment by compelling disclosure of HIV status	State: Statute regulates conduct (exposure), not speech; any speech burden is incidental and permissible	S.F.: Statute effectively compels her to disclose HIV status, infringing right to refrain from speaking	Court: Statute regulates conduct, not speech; incidental burdens on speech are permissible — no First Amendment violation
Whether § 191.677 violates privacy/due process by criminalizing consensual private sexual conduct	State: Statute targets conduct that exposes others to a life‑threatening disease without their knowledge/consent — legitimate state interest	S.F.: Criminalizing consensual, private sexual activity infringes liberty/privacy rights (citing Lawrence)	Court: Lawrence doesn't apply; statute criminalizes nonconsensual/unnotified exposure to serious disease, so no violation of privacy/due process

Wooley v. Maynard, 430 U.S. 705 (1977) (First Amendment protects right to refrain from speaking)
Rumsfeld v. Forum for Academic & Institutional Rights, Inc., 547 U.S. 47 (2006) (law that regulates conduct may impose incidental burdens on speech without violating the First Amendment)
Sorrell v. IMS Health Inc., 564 U.S. 552 (2011) (incidental burdens on speech from regulations of commerce or conduct do not automatically trigger strict scrutiny)
Lawrence v. Texas, 539 U.S. 558 (2003) (struck down criminalization of private, consensual adult sexual conduct absent harm/coercion)
Griswold v. Connecticut, 381 U.S. 479 (1965) (recognized zone of privacy in marital relations)
Eisenstadt v. Baird, 405 U.S. 438 (1972) (privacy protections extend beyond married couples)
West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943) (compelled speech precedent)
Doe v. Phillips, 194 S.W.3d 833 (Mo. banc 2006) (framework for substantive due process analysis in Missouri)
Gibson v. Brewer, 952 S.W.2d 239 (Mo. banc 1997) (incorporation discussion regarding First Amendment application to states)