Disgraced singer R. Kelly is asking a judge to throw out a case alleging the star knowingly gave a woman herpes.
His attorneys, Thomas A. Farinella and Nicole Blank Becker said the singer should not have been charged with breaking New York law when he was accused of giving two accusers herpes.
They also said prosecutors were wrong in bringing several sex-trafficking charges. The attorneys said that he would have been breaking the law had he infected the woman with "an acute, bacterial venereal disease such as syphilis or gonorrhea" would be considered a misdemeanor, but that giving someone viral diseases such as herpes would not.
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The judge will rule on the request in a few days after prosecutors have had a few days to respond.
Jury selection for Kelly's New York trial began on Monday.
Federal prosecutors accuse Kelly and his staff of recruiting girls for him to have sex with and abuse. He is also accused of making pornographic videos with several of his victims.