ENFORCEMENT OF HIV CRIMINALIZATION in Tennessee

• Race and sex: Compared to the population of AP convictions across the state identified in the SOR, those arrested in the Shelby County files were even more likely to be Black women—74% of people arrested in Shelby County compared to 57% in the SOR statewide. [...] Compared to demographics of people across the state with a CE conviction on the SOR, those arrested in the Shelby County files were much more likely to be Black men (95% of people arrested in Shelby County compared to 64% in the SOR). [...] • Risk of transmission: In 35% of the cases, details of the alleged sex acts were not available, so it is not possible to determine the risk of transmission. [...] If the chance of transmitting HIV is but a faint possibility and no more than speculative in nature, see Onishea, 171 F.3d at 1299, then the risk is not “significant” for purposes of the criminal exposure statute, despite the severity of the potential consequences. [...] County of residence of HIV registrants by conviction type Percent of all HIV registrants Percent of all AP registrants Percent of all CE registrants 74% 64% 51% 34% 22% 17% 9% 9% 8.5% 5% 6% 0% Shelby Davidson Hamilton All others Enforcement of HIV Criminalization in Tennessee | 22 Shelby County While the geographic distribution of the overall SOR mirrors that of the state, the distribution of HIV.