State Sen. Brent Taylor questions DOJ and Shelby County D.A. agreement to end aggravated prostitution prosecutions of people living with HIV
Taylor sent a letter to the Tennessee Attorney General, questioning if the agreement announced in May 2024 between the DOJ and Shelby County D.A. is legal. State Sen. Brent Taylor (R-Memphis) has questioned the legality of an agreement between the Department of Justice (DOD) and Shelby County D.A. to end aggravated prostitution prosecutions of people living with HIV. The agreement was reached in May 2024 after the federal government found that the Shelby County District Attorney's Office violated the Americans with Disabilities ACT (ADA) Act, which imposes enhanced penalties for crimes based on a person's HIV status, violated the law. The DOJ stated that 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. Taylor (r-Memph) also questioned if this is a legal agreement in the state of Tennessee and if the Tennessee Attorney General's office can assign a special prosecutor for cases the local D. A.G. declines to prosecute.
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Taylor sent a letter to the Tennessee Attorney General, questioning if the agreement announced in May 2024 between the DOJ and Shelby County D.A. is legal.
The DOJ and D.A. Steve Mulroy agreed in May 2024 to end those particular prosecutions after the federal government found the Shelby County D.A.'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 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.
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.
In the letter to the A.G. dated June 10, Taylor (R-Memphis) wanted to know if this is a legal agreement in the state of Tennessee, and why the DOJ went after state law through the Shelby County D.A. instead of taking the law to court. He also wants to know if the A.G.’s office can assign a special prosecutor for cases the local D.A. declines to prosecute.
When the agreement was announced, 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 D.A.’s office also noted at the time of the announcement of the investigation in December 2023, the violations occurred under the prior administration, and Mulroy agreed to comply with the DOJ’s findings.
“We have an HIV problem and District Attorney Steve Mulroy refuses to enforce the law that will help address the issue,” he said. “… He has created a dangerous precedent by agreeing with the DOJ’s misguided views on aggravated prostitution. This damages the prosecutorial discretion of our state’s remaining District Attorneys General and gives defendants accused of aggravated prostitution unfounded ammunition throughout Tennessee.”
ABC24 has reached out to both the Shelby County D.A.’s Office and the DOJ for a response to Taylor’s letter.
Topik: Sexual Exploitation