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SB 813

Criminal Offenses - As introduced, reduces from a Class C felony to a Class B misdemeanor the offense of criminal exposure of another to HIV; creates a Class C felony for the criminal exposure of another to HIV if a person transmitted HIV to another person. - Amends TCA Title 39.

114th Regular Session (2025-2026) Introduced by Jeff Yarbro

Reduces HIV exposure charges from felony to misdemeanor unless transmission occurs, creating separate felony for cases where HIV was actually transmitted to another person.

Passed on Second Consideration, refer to Senate Judiciary Committee
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Bill Summary · SB 813

Legislative bill overview

SB 813 restructures Tennessee's criminal penalties for HIV exposure by downgrading the base offense from a Class C felony to a Class B misdemeanor, while creating a new Class C felony charge specifically when HIV transmission actually occurs. The bill amends Tennessee Code Annotated Title 39 to make this distinction between exposure without transmission versus exposure resulting in transmission.

Why is this important

HIV criminalization laws significantly impact public health policy, disease prevention strategies, and criminal justice outcomes. This change affects how Tennessee prosecutes cases involving HIV status disclosure, has implications for disease surveillance and testing incentives, and reflects evolving scientific understanding that undetectable viral loads prevent transmission. The distinction between exposure and transmission also aligns with some modern public health frameworks while raising questions about enforcement and proof standards.

Potential points of contention

  • Criminalization vs. public health approach: Critics argue criminalization discourages HIV testing and disclosure; supporters contend it protects public safety and ensures accountability
  • Burden of proof: Establishing actual transmission requires medical/scientific evidence; proving exposure alone is easier but carries serious consequences under current law
  • Disparate impact: HIV criminalization laws have historically been applied disproportionately against specific demographics and sexual orientations, raising equity concerns
  • Definition gaps: The bill doesn't clarify disclosure requirements, consent standards, or whether undetectable-equals-untransmittable science influences prosecution decisions

Compiled from official sources — confirm details with the bill’s official record.

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