MEMPHIS, Tenn. — The Justice Department said Shelby County District Attorney General Steve Mulroy has agreed to end prosecutions of people living with HIV under the state’s aggravated prostitution law.
This comes after the DOJ found that the Shelby County District Attorney’s Office violated the Americans with Disabilities ACT (ADA) by enforcing the state law, which imposes enhanced penalties for crimes based on a parson’s HIV status.
The Tennessee Law
The Tennessee statute turns a misdemeanor prostitution charge into a felony if the person has HIV, “regardless of any actual risk of harm,” said the DOJ. If convicted under the statute, a person would face three to 15 years in prison and fine up to $10,000, while the same charge for someone without HIV would carry a sentence of no more than six months and fine up to $500.
Aggravated prostitution also is considered a ‘violent sexual offense,’ said the DOJ, meaning those convicted under the statute would be required to register on the Tennessee Sex Offender Registry, in most cases for life. That leads to restrictions on where those people can live, work, and go in public, leading to increased homelessness and unemployment, as well as public disclosure of the person’s HIV status.
The DOJ said while the statue applies statewide, it is enforced most frequently in Shelby County. The department said it began investigating after complaints about enforcement of the statute.
The DOJ said the prosecutions did not consider the risk of transmission of HIV, and the harsher penalties included being charged with a felony rather than a misdemeanor and being required to register for life as a sex offender.
Reforms to policies
The DOJ said the Shelby County D.A. will “adopt reforms to correct discrimination against people living with HIV who were subjected to discriminatory and harsher penalties under the law.”
The agency said the D.A. will not prosecute people under the aggravated prostitution law and will not prosecute violations of the sex offender registry for those who had previously been convicted under the law. The D.A. is also required to notify those eligible of vacating their convictions, ending the remainder of their sentences, and eliminating outstanding fees related to the charges.
The D.A. must also adopt new policies and train prosecuting attorneys on the ADA’s anti-discrimination requirements relating to HIV.
The DOJ said the D.A. will have to report its compliance to the department.
“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,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division.
ABC24 has reached out to D.A. Mulroy's office and will update if they respond.
