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. 2013 Oct;17(8):2624-36.
doi: 10.1007/s10461-013-0408-1.

Charges for criminal exposure to HIV and aggravated prostitution filed in the Nashville, Tennessee Prosecutorial Region 2000-2010

Carol L Galletly  1 , Zita Lazzarini
Affiliations

Charges for criminal exposure to HIV and aggravated prostitution filed in the Nashville, Tennessee Prosecutorial Region 2000-2010

Carol L Galletly et al. AIDS Behav. 2013 Oct.

Abstract

This paper examines comprehensive data on arrests for HIV-specific crimes within a single jurisdiction, the Nashville Tennessee prosecutorial region, over 11 years. There were 25 arrests for HIV exposure and 27 for aggravated prostitution. Eleven of the arrests for HIV exposure involved nonsexual behaviors; none alleged transmission. Sixteen of the arrests for HIV exposure involved sexual behavior; three alleged transmission. Aggravated prostitution cases (i.e. prostitution while knowing one has HIV) often involved solicitation of oral sex; none alleged transmission. Maximum sentences for HIV-specific crimes ranged from 5 to 8 years. We conclude that enforcement of US HIV-specific laws is underestimated. Fifty-two arrests over 11 years were recorded in one jurisdiction. Over half of the arrests involved behaviors posing minimal or no HIV transmission risk. Despite concerns about malicious, intentional HIV transmission, no cases alleged malice or intention.

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Arrests for HIV exposure and aggravated prostitution from 2000 to 2011 by year of arrest
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References

    1. Criminal exposure of another to HIV (human immunodeficiency virus), hepatitis B virus (HBV), or to hepatitis C virus (HCV). Tenn. Code Ann. 2012:§39–13-109.
    1. Aggravated prostitution. Tenn. Code Ann. 2012:§39–13-516.
    1. Lazzarini Z, Bray S, Burris S. Evaluating the Impact of Criminal Laws on HIV Risk Behavior. J Law Med Ethics. 2002;30(2):239–55. - PubMed
    1. Bennet-Carlson R, Faria D, Hanssens C. [10/24/12];Ending and Defending Against HIV Criminalization: A Manual for Advocates. (1st ed). State and Federal Laws and Prosecutions. (1st ed). 2011 1 Fall 2010, with cases through December Available at: www.hivlawandpolicy.org/resources/download/564.
    1. Authorized terms of imprisonment and fines for felonies and misdemeanors. Tenn. Code Ann. 2012:§40–35-111.

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