NASHVILLE, Tenn. — Tennessee may cease to be the sole U.S. state enforcing a lifetime registration as a “violent sex offender” for individuals convicted of engaging in sex work while living with HIV, as a proposed legislative change advanced in the state’s legislature on Tuesday.
The contentious statute, currently under challenge in federal court by LGBTQ+ and civil rights advocates, traces its origins back to the AIDS scare of past decades. Critics argue that the law discriminates against those with HIV, and in December, the U.S. Department of Justice concluded that it violates the Americans with Disabilities Act, urging the state to repeal the measure.
However, on Tuesday, Republican Sen. Page Walley introduced a legislative proposal that falls short of entirely repealing the law. Instead, the bill aims to eliminate the requirement for those convicted of aggravated prostitution to register as violent sex offenders.
“It maintains the charge but removes the sex offender registration,” explained Walley.
Prostitution in Tennessee has long been deemed a misdemeanor, but in 1991, the state enacted a harsher statute specific to sex workers living with HIV. Nearly two decades later, the legislature revised the law to impose lifetime sex offender registration for those convicted under this controversial statute.
Over the years, the federal Centers for Disease Control and Prevention has criticized laws criminalizing HIV exposure, considering them outdated and ineffective, particularly impacting Black and Latino communities. Some states, such as Illinois, repealed their HIV-specific criminal laws in 2021, while New Jersey and Virginia repealed all felony HIV-specific laws the same year.
Despite this trend, Republican-dominated Tennessee has resisted a complete repeal of the aggravated prostitution charge. The GOP-controlled Senate Judiciary Committee opted to advance a proposal on Tuesday that would eliminate the lifetime sex offender registration requirement.
Senator Walley framed his bill as “anti-trafficking,” asserting that the current framework disproportionately affects potential victims of sexual assault and impedes their efforts to rebuild their lives.
Court documents reveal that 83 people are presently registered sex offenders in Tennessee for aggravated prostitution convictions, with a majority in Shelby County, which includes Memphis. The federal lawsuit against the law, brought by plaintiffs known as Jane Doe, is ongoing and is scheduled for trial in 2026.
For the legislative change to take effect, it must clear both the full Senate and House chambers before reaching Gov. Bill Lee’s desk for consideration. As of now, the Republican governor has not publicly expressed his stance on the bill. The federal lawsuit is set to proceed as scheduled.