ACLU Targets Tennessee Law Aimed at Reducing HIV Transmission by Prostitutes

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The challengers argue the law criminalizes no-risk conduct, targets a disadvantaged group, and is counterproductive.

, filed in federal court last Tuesday, makes it a felony for prostitutes aware of their HIV-positive status to engage in prostitution and requires offenders to register as a “violent sexual offender” for life.

The challenged law does not take into consideration the likelihood of HIV transmission, whether transmission was intended, or whether transmission occurred.is unconstitutional because it targets a disadvantaged group, HIV-positive individuals, and bears no rational relationship to achieving any policy goals.

Registration, the challengers argued, imposes numerous hardships under the guise of protecting children and that these restrictions bear no relationship to the offense of “aggravated prostitution.” This restriction, according to the complaint, is unrelated to sex acts between adults, with which the aggravated prostitution law deals.

Source: Law Daily Report (lawdailyreport.net)

 

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