John Conway Hart, 27, is charged with a public health violation.
If convicted, he could face up to four months in jail and a medical quarantine.
Wake County health officials couldn't comment specifically on Hart's case, but they did say this type of prosecution is becoming more and more common.
"This is an extreme last measure for us, an extreme last measure for us. This is the very last thing that we would look to do and we would, we would try everything else first," explained Wake County Health Director Sue Lynn Ledford.
One of Hart's sexual partners informed police after allegedly finding out about Hart's medical status after the fact.
ABC11 tried to contact Hart for this story, but was unable to reach him at his address.