The Department of Justice (DOJ) announced that Shelby County District Attorney General Steve Mulroy has agreed to cease prosecuting individuals living with HIV under Tennessee’s aggravated prostitution law.

This decision follows a DOJ investigation that found that the Shelby County District Attorney’s Office violated the Americans with Disabilities Act (ADA) by enforcing the state law that imposes harsher penalties based on a person’s HIV status.

The DOJ’s findings highlighted that the Tennessee statute escalates a misdemeanor prostitution charge to a felony if the individual involved has HIV, “regardless of any actual risk of harm.” Convictions under this statute result in severe consequences: individuals face three to fifteen years in prison and fines up to $10,000, compared to a maximum of six months in jail and a $500 fine for those without HIV. Additionally, those convicted of aggravated prostitution are required to register as violent sexual offenders, often for life, which severely restricts their living, working, and public activities while also disclosing their HIV status.

This law has been disproportionately enforced in Shelby County, leading the DOJ to initiate an investigation after receiving complaints about its application. The DOJ concluded that these prosecutions did not take into account the actual risk of HIV transmission, imposing undue and discriminatory penalties on those living with the virus.

Assistant Attorney General Kristen Clarke of the DOJ’s Civil Rights Division stated, “Living with HIV is not a crime, and the continued enforcement of laws that criminalize a person based on their HIV status, regardless of risk, perpetuate bias, stereotypes, and ignorance about HIV.”

In response to the DOJ’s findings, the Shelby County D.A.’s Office will implement several reforms to address the discrimination against individuals living with HIV:

1. End Prosecutions: The D.A. will cease prosecuting individuals under the aggravated prostitution statute and will not pursue charges for violations of the sex offender registry for those previously convicted under this law.
2. Vacate Convictions: The D.A.’s Office will notify eligible individuals about vacating their convictions, ending the remainder of their sentences, and eliminating outstanding fees related to these charges.
3. Policy Changes and Training: New policies will be adopted, and prosecuting attorneys will receive training on the ADA’s anti-discrimination requirements relating to HIV.
4. Compliance Reporting: The D.A.’s Office will report its compliance with these measures to the DOJ.

This development marks a critical step in addressing and correcting the discriminatory impact of the aggravated prostitution law in Tennessee. The decision reflects a broader movement towards ensuring that laws do not criminalize individuals based on their health status and that public policy is informed by up-to-date medical knowledge and a commitment to human rights.

The shift in policy comes at a time when legal and civil rights advocates continue to challenge statutes that unfairly target marginalized communities. By aligning its practices with the ADA, the Shelby County D.A.’s Office aims to reduce the stigma and legal penalties unjustly imposed on people living with HIV, paving the way for more equitable treatment under the law.