The U.S. Justice Department has sued the state of Tennessee over its decades-old felony aggravated prostitution law, arguing that it illegally imposes tougher criminal penalties on people who are HIV positive.

The U.S. Justice Department on Thursday sued the state of Tennessee over its decades-old felony aggravated prostitution law, arguing that it illegally imposes tougher criminal penalties on people who are HIV positive.

The lawsuit, filed in western Tennessee, follows an investigation completed in December by the Justice Department that warned that the statute violates the Americans with Disabilities Act. The case heads to court separately from another federal lawsuit filed in October by LGBTQ+ and civil rights advocates over the aggravated prostitution law.

Tennessee is the only state in the United States that imposes a lifetime registration as a “violent sex offender” if convicted of engaging in sex work while living with HIV, regardless of whether the person knew they could transmit the disease.

  • quindraco@lemm.ee
    0·
    9 months ago

    You:

    These aren’t offenders who found out after the fact that they had HIV, they knew full well and decided to spread it.

    The article, emphasis mine:

    Tennessee is the only state in the United States that imposes a lifetime registration as a “violent sex offender” if convicted of engaging in sex work while living with HIV, regardless of whether the person knew they could transmit the disease.

    This is a status offense; there is no requirement in status offenses that the perp has any knowledge of their status. The most famous example I can think of of a status offense is BAC limits on drivers: the prosecutor simply doesn’t have to prove in court you knew your BAC was too high to drive.