HIV-positive Denver man Darren Garcia, 29, has been charged with prostitution with knowledge of being HIV positive—a class five felony—as well as possession of a controlled substance, reports ABC affiliate KMGH.

Garcia was arrested and charged with prostitution with knowledge of being HIV positive in 2007, when he pleaded guilty and was sentenced to one and a half years in prison. He has been arrested at least five times for prostitution.

According to Denver District Attorney spokesperson Lynn Kimbrough, prostitution is classified as a violation of a city ordinance in Denver, resulting in a ticket if a person is found guilty. However, prostitution with knowledge of being HIV positive is punishable with up to three years in prison.

Currently, Garcia remains in custody at a Denver County Jail and is scheduled to appear in court on Friday, November 13.