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HIV/AIDS Testing of Offenders

Last Updated: April 2023
State Which criminal convictions trigger a sex offender being tested for HIV/AIDS? Is testing required, and/or available upon victim request? When does testing occur? Statutory citation(s):
Alabama
  • Rape, sodomy, sexual misconduct, sexual torture, sexual abuse or any other crime in which the victim was compelled to engage in sexual activity by force or threat of force, and it appears from the nature of the charge that the transmission of body fluids from one person to another may have been involved.
    • Testing of a defendant charged with the crime of rape, sodomy, sexual misconduct, sexual torture, sexual abuse or any other crime in which the victim was compelled to engage in sexual activity by force or threat of force is available upon the request of the victim or the parent or guardian of a minor victim.
    Testing is required for all persons sentenced to confinement or imprisonment in any city or county jail, or state correctional facility for 30 or more consecutive days, regardless of what offense they may have committed. 
  • Upon the request of the victim or the parent or guardian of a minor victim, the district attorney is required to file a motion with the court for an order requiring the defendant to submit to a test for any sexually transmitted disease.  The court shall then determine if there is probable cause to believe that:
    • the crime of rape, sodomy, sexual misconduct, sexual torture, sexual abuse or any other crime in which the victim was compelled to engage in sexual activity by force or threat of force was committed; and
    • the transmission of body fluids was involved.
  • All persons sentenced to confinement or imprisonment in any city or county jail, or state correctional facility for 30 or more consecutive days are tested for those sexually transmitted diseases designated by the State Board of Health upon entering the facility, regardless of what offense they may have committed.

The results of the test are available post-conviction.

Code of Ala. §§ 13A-6-60 to 67, 15-23-100 to 104, 22-11A-17, 22-11A-50; Ala. Admin. Code r. 420-4-1-.08. 

Alaska
  • A criminal complaint, indictment, presentment or information filed with a magistrate or court (or with respect to a minor, a juvenile court) alleging sexual assault (in the first, second, third, or fourth degree), sexual abuse of a minor (in the first, second, third, or fourth degree), or incest, where “sexual penetration” is an element of the crime.
    • “Sexual penetration” means genital intercourse, cunnilingus, fellatio, anal intercourse, or an intrusion, however slight, of an object or any part of a person’s body into the genital or anal opening of another person’s body; each party to any of the acts described in this subparagraph is considered to be engaged in sexual penetration.
  • A defendant charged with a sexual offense where sexual penetration was an element of the offense may be ordered by the court to submit to testing.
  • An alleged victim, the parent or guardian of an alleged victim who is a minor or incompetent, or the prosecuting attorney on behalf of an alleged victim, may petition the court for an order for testing. If the court determines that probable cause exists to believe (i) a crime for which testing may be ordered was committed and (ii) sexual penetration took place in the alleged crime, the court will order testing.
  • Upon receipt of a petition by an alleged victim, the parent or guardian of an alleged victim who is a minor or incompetent, or the prosecuting attorney on behalf of an alleged victim, the court shall determine if probable cause exists to believe that:
    • a crime for which testing may be ordered was committed; and
    • sexual penetration took place in the alleged crime.  
  • If the court finds probable cause exists, the court shall order the defendant to produce blood samples for testing. 
  • A court may not order testing:
    • before 7 days after the defendant’s or minor’s arrest;
    • after the entry of a disposition favorable to the defendant, which means an adjudication by a court other than a conviction, or if the defendant is a minor not being prosecuted as an adult, that the minor is not adjudicated delinquent or a child in need of aid, for an offense for which a blood test could be ordered under the statute; or
    • if the defendant is convicted or adjudicated delinquent or in need of aid, after 90 days after the issuance of the judgment and sentence or of the judgment in a juvenile action.

Alaska Stat. §§ 11.41.410 to 450, 11.81.900, 18.15.300 to 320.

Arizona
  • A “sexual offense” or another offense involving “significant exposure.”
    • “Sexual offense” means:
      • oral contact with the penis, vulva or anus;
      • any direct or indirect touching, fondling or manipulating of any part of the genitals, anus or female breast by any part of the body or by any object or causing a person to engage in such contact; or
      • penetration into the penis, vulva or anus by any part of the body or by any object or masturbatory contact with the penis or vulva.
    • “Significant exposure” means contact of the victim’s ruptured or broken skin or mucous membranes with a person’s blood or body fluids, other than tears, saliva or perspiration, of a magnitude that the centers for disease control have epidemiologically demonstrated can result in transmission of the human immunodeficiency virus.
  • The testing is available at the request of a victim or, if the victim is a minor, by the parent or guardian of the victim, on a court order requiring the defendant to submit to testing and to consent to the release of the test results to the victim.
  • Upon receipt of a request of a victim or, if the victim is a minor, by the parent or guardian of the victim:
    • If the allegation is a sexual offense, the court will order testing upon a petition by the prosecuting attorney at the request of the victim or, if the victim is a minor, of the parent or guardian of the victim.
    • If the allegation is an offense (other than a sexual offense) involving “significant exposure,” the court must first make a finding, within 10 days of being petitioned, that sufficient evidence exists to indicate that significant exposure occurred, and then will order the testing.

A.R.S. §§ 8-341; 13-1401; 13-1415, 36-664, 666-68.

Arkansas
  • Rape, sexual indecency with a child, sexual assault (in the first, second, third or fourth degree), incest, and/or prostitution.
  • Testing is available at the request of a victim if:
    • a person has been arrested and charged with an applicable crime, regardless of whether or not he or she is in custody, and
    • the defendant is convicted.
  • Testing may be ordered at the time of arrest and charging upon a court’s finding of reasonable cause to believe that the person committed the offense, subject to constitutional limitations, unless the court determines that testing would be inappropriate and documents the reason for that determination in the court record.
  • Upon conviction (including an adjudication under juvenile proceedings), at the victim’s request, testing is compulsory.

A.C.A. §§ 16-82-101; 5-14-103, 110, 124-27; 5-26-202; 5-70-102.

California
  • Any criminal complaint filed with a magistrate or court (or with respect to a minor, a juvenile court) alleging sexual offenses including rape, sodomy, and certain offenses and attempted offenses where the court finds there is probable cause to believe that the defendant committed the crime and there is probable cause to believe that blood, semen or any other bodily fluid capable of transmitting HIV has been transferred from the accused to the victim.
  • Testing is available upon request of the alleged victim after charging and upon finding by the court of probable cause.
  • Testing is required upon conviction for a “sexual offense”.
  • Prior to conviction, only after finding of probable cause to believe that blood, semen or any other bodily fluid capable of transmitting HIV has been transferred from the accused to the victim.
  • Post-conviction, the court is required to order that the offender is tested within 180 days of the date of conviction.

Cal. Pen Code §§ 220, 261, 261.5, 264.1, 266c, 269, 286, 287, 288, 288.5, 289, 289.5, 626, 1202.1, 1524.1; Cal. Health & Safety Code §§ 121055, 121060.1, 121065.

Colorado
  • Any sexual offense involving sexual penetration.
  • “Sexual penetration” means sexual intercourse, cunnilingus, fellatio, analingus, or anal intercourse. Emission need not be proved as an element of any sexual penetration. Any penetration, however slight, is sufficient to complete the crime
  • The court is required to order testing of any adult or juvenile who is bound over for trial for any sexual offense involving sexual penetration.
  • Testing occurs subsequent to a preliminary hearing or after having waived the right to a preliminary hearing, or when a defendant is indicted for or is convicted of such offense.

C.R.S.A. § 18-3-401, 415, 415.5; 25-4-410.

Connecticut
  • A sexual assault or aggravated sexual assault (in the first, second, third or fourth degrees, and/or with a firearm), sexual assault in spousal or co-habitating relationship, prostitution, aggravated sexual assault of minor, or injuring, risking injury to, or impairing morals of, children that involves a sexual act.
    • "Sexual act" means: contact between the penis and the vulva or the penis and the anus, where such contact involving the penis occurs upon penetration, however slight, or contact between the mouth and the penis, the mouth and the vulva or the mouth and the anus.
  • Testing of accused offenders is available upon order of the court (on its own accord) or upon order of the court following the request of the victim.
  • Upon court order of individuals accused or convicted of crime.

Conn. Gen. Stat. Ann. §§ 19a-581-593; 53-21; 53a-65-89; 54-102a; 54-102b; 54-102c.

Delaware
  • An offense which involves sexual intercourse or deviate sexual intercourse as an element, or has sexual contact as an element when the circumstances of the case demonstrate a possibility of transmission of HIV.
  • “Sexual intercourse” means:
    • any act of physical union of the genitalia or anus of one person with the mouth, anus or genitalia of another person, including rape and sodomy, regardless of ejaculation (it occurs upon any penetration, however slight); or
    • any act of cunnilingus or fellatio regardless of whether penetration occurs, regardless of ejaculation.
  • “Sexual contact” means:
    • any intentional touching by the defendant of the anus, breast, buttocks or genitalia of another person; or
    • any intentional touching of another person with the defendant's anus, breast, buttocks, semen or genitalia; or
    • intentionally causing or allowing another person to touch the defendant's anus, breast, buttocks or genitalia, in each case which touching, under the circumstances as viewed by a reasonable person, is intended to be sexual in nature. “Sexual contact” also includes touching when covered by clothing.
  • Testing of a defendant who has been arrested for an applicable crime is available upon the request of the victim and/or court order. Defendant is notified of the availability of testing at initial court appearance on the charges and the victim, or parent or guardian of the victim, is notified that the defendant has been so notified.
  • At arraignment of a defendant arrested and charged with an offense that has sexual intercourse, deviate sexual intercourse or sexual contact as an element, at the request of the victim, the court shall order testing of defendant (regardless of any prior HIV test on the defendant).
  • Defendant must submit to testing not later than 48 hours after the victim has requested, and/or the court has ordered, such testing.
  • Filing of a notice of appeal shall not automatically stay an order that the defendant submit to HIV testing.

Del. Code Ann. tit. 10, §§ 1075-1077; Del. Code Ann. tit. 11 §§ 761; 3910-3913.

District of Columbia
  • Any offense (including being adjudicated as a delinquent in a juvenile proceeding, entering a plea of guilty or nolo contendere) defined as any prohibited activity involving a sexual act that includes contact between the penis and the vulva or the penis and the anus, however slight, or contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus.
  • Upon the request of the victim, including the parent or legal guardian of a victim who is a minor, or the spouse, domestic partner, or child of a victim if the victim is deceased or incapacitated, the court shall order testing of a defendant convicted of any offense involving a sexual act.
  • Following conviction, testing is mandatory upon the request of the victim.

D.C. Code §§ 22-3901-3902.

Florida
  • Charges of sexual battery, incest, lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age, assault, aggravated assault, battery, aggravated battery, abuse or aggravated abuse of a child, elderly person, or disabled person, prostitution, or donation of blood, plasma, organs, skin or other tissue while aware of being HIV positive, or the attempt thereof, which offense or attempted offense involves the transmission of bodily fluids from one person to another.
  • Convictions or pleas of guilty (or nolo contendere) to sexual battery, incest, lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age, assault, aggravated assault, battery, aggravated battery, abuse or aggravated abuse of a child, elderly person, or disabled person, prostitution, donation of blood, plasma, organs, skin or other tissue while aware of being HIV positive, or human trafficking, or the attempt thereof, which offense or attempted offense involves the transmission of bodily fluids from one person to another.
  • Upon the request of the victim, or of the victim’s legal guardian if the victim is a disabled adult or elderly person, or of the parent or legal guardian of the victim if the victim is a minor, the court shall order testing of persons charged with or alleged by petition for delinquency to have committed an enumerated offense which involves the transmission of body fluids from one person to another. Where the victim is under the age of 18 at the time the offense was committed, or is a disabled adult or elderly person, regardless of whether the offense involves the transmission of body fluids, the court shall order testing upon the request of the victim, or of the victim’s legal guardian if the victim is a disabled adult or elderly person, or of the parent or legal guardian of the victim if the victim is a minor.
  • The court shall order testing of defendants convicted of, or who have pled guilty to, these enumerated offenses which involve the transmission of body fluids from one person to another unless the offender has undergone voluntary testing.
  • The court shall order testing within 48 hours of when the information, indictment, or petition for delinquency is filed upon request of the victim, the victim's legal guardian if the victim is a disabled adult or elderly person or the parent or legal guardian of the victim if the victim is a minor. If the victim, the victim's legal guardian, or parent requests testing more than 48 hours after the information, indictment, or petition is filed, testing shall be done within 48 hours of the request.
  • Otherwise, testing occurs after conviction.

Fla. Stat § 775.0877, 960.003.

Georgia
  • Arrests or convictions of an “AIDS transmitting crime” or other crime that involves “significant exposure.”
    • “AIDS transmitting crime” means rape, sodomy, aggravated sodomy, child molestation, aggravated child molestation, prostitution, solicitation of sodomy, incest, statutory rape or any drug related offense involving heroin, cocaine, derivatives or either or any other controlled substance that is commonly intravenously injected.
    • “Significant exposure” means contact of the victim’s ruptured or broken skin or mucous membranes with the blood or body fluids of the person arrested for such offense, other than tears, saliva, or perspiration, of a magnitude that the Centers for Disease Control and Prevention have epidemiologically demonstrated can result in transmission of HIV.
  • Testing is available (but not mandatory) upon arrest of offender of enumerated offenses at the request of the victim upon showing of probable cause that the person arrested for the offense committed the alleged crime and that significant exposure occurred.
  • Testing is required upon a guilty verdict or plea of guilty to any AIDS transmitting crime.
  • Upon court order after arrest or within 45 days following a guilty verdict or plea of guilty to any AIDS transmitting crime.

Ga. Code Ann. §§ 17-10-15, 31-22-9.1.

Guam
  • Any adult convicted of criminal sexual conduct.
  • A juvenile who has been certified to the criminal court for prosecution as an adult and convicted of criminal sexual conduct, or a juvenile adjudicated to have committed an act or acts of criminal sexual conduct, or placed in a deferred admission status for criminal sexual conduct.
  • For convicted adults, upon conviction.
  • For convicted juveniles (tried as an adult), upon conviction and following request of the victim.
  • Upon conviction.

8 Guam Code Ann. § 120.60, 10 Guam Code Ann. §§ 3330 and 3331.

Hawaii
  • An adult charged or convicted of, or a juvenile charged or adjudicated of: sexual assault in the first, second, or third degree (third degree limited to recklessly subjecting another person to an act of sexual penetration by compulsion); continuous sexual assault of a minor under the age of fourteen years; or incest.
  • Testing of a charged alleged sexual offender is available upon request of the victim, or the parent or guardian of a minor or incapacitated victim, subject to a demonstration of probable cause.
  • Testing of a convicted sexual offender is mandatory.
  • Testing is available at the time of charging, conviction or adjudication.
  • To require testing of a charged individual, the court must determine in camera that probable cause exists for the charge.  Probable cause is demonstrated by preponderance of the evidence.

Haw. Rev. Stat. §§ 325-16(c)(7) and (8) and (d), 325-16.5, 325-101(a)(13) and (d), 325-102, 707-730, 707-731, 707-732(1)(a), 707-733.6, 707-741, 801D-4(b).

Idaho
  • All persons, including juveniles, who are charged with a sex offense and/or a crime in which bodily fluid has likely been transmitted to another, or other charges as recommended by public health authorities, shall be tested for HIV.
  • All persons who are confined or imprisoned in any state prison facility, regardless of the crime, shall be tested for HIV.
  • All persons who are confined in any county or city jail, regardless of the crime, may be tested if in the judgment of public health authorities or the jailer the person has been exposed to HIV.
  • Testing is mandatory for those charged with a sex offense and/or a crime in which bodily fluid has likely been transmitted, or other charges recommended by public health authorities.
  • Testing is mandatory for those in a state prison facility upon admission. Testing will also occur during the time in which the person is confined if, in the judgment of public health authorities or the jailer, that person has been exposed to HIV. Testing is also performed upon the individual’s request prior to release.
  • Testing is optional if in a county or city jail and in the judgment of public health authorities or the jailer, the offender has been exposed to HIV.
  • Testing occurs when the individual is charged, confined or imprisoned. In a state prison facility, testing occurs again upon the offender's request before release.
  • In a county or city jail, testing occurs if the individual has, in the judgment of public health authorities or the jailer, been exposed to HIV.
  • At the request of the victim of a sex offense in which bodily fluid has likely been transmitted, or the parent, guardian or legal custodian of a minor victim, such test shall be administered not later than 48 hours after the date on which the information or indictment is presented.

Idaho Code §§ 39-601, 39-604; Idaho Admin. Code r. 16.02.10.360

Illinois
  • For adults, testing shall be performed upon conviction of (i) criminal sexual assault, (ii) aggravated criminal sexual assault, (iii) predatory criminal sexual assault of a child, (iv) criminal sexual abuse or (v) aggravated criminal sexual abuse.
  • For juveniles, testing shall be performed upon conviction of an act that would constitute (i) predatory criminal sexual assault of a child, (ii) aggravated criminal sexual assault, (iii) criminal sexual assault, (iv) aggravated criminal sexual abuse or (v) criminal sexual abuse, if committed by an adult.
  • For an individual accused of (i) criminal sexual assault, (ii) aggravated criminal sexual assault or (iii) predatory criminal sexual assault of a child, test shall be performed after a finding that probable cause exists to believe the individual has committed the prohibited act, after indictment, after a finding that the accused is unfit to stand trial, or upon request of the victim.
  • For convicted offenders, testing is required.
  • For those accused or charged, the court will determine whether to require testing upon the victim’s request, the accused’s indictment,  after a hearing at which probable cause has been shown that the defendant committed the prohibited act or after a finding that the accused is unfit to stand trial.
  • For convicted offenders, following conviction.
  • For those accused or charged, upon the court’s order following a successful probable cause hearing, a finding that the accused is unfit to stand trial, the accused’s indictment or the victim’s request.

705 Ill. Comp. Stat. 405/5-710(9); 720 Ill. Comp. Stat. 5/11-1.10 through 5/11-1.60; 730 Ill. Comp. Stat. 5/5-5-3.

Indiana
  • Defendants, both adults and juveniles, charged with a potentially disease transmitting offense, defendants charged with an offense involving the transmission of bodily fluid, and persons convicted of an offense relating to a criminal sexual act where the offense created an epidemiologically demonstrated risk of transmission of HIV.
    • A “potentially disease transmitting offense” includes battery or domestic battery involving placing a bodily fluid or waste on another person or an offense relating to a criminal sexual act, if sexual intercourse or other sexual conduct occurred. The term includes an attempt to commit an offense, if sexual intercourse or other sexual conduct occurred, and a delinquent act that would be a crime if committed by an adult.
    • An “offense involving the transmission of bodily fluid” is any offense (including a delinquent act that would be a crime if committed by an adult) in which a bodily fluid is transmitted from the defendant to the victim in connection with the commission of the offense.
  • If an indictment or information alleges that the defendant compelled another person to engage in sexual activity by force or threat of force.
  • For persons charged with a potentially disease transmitting offense or an offense involving the transmission of bodily fluid, the victim, or the parent, guardian or custodian of a victim who is less than 18 years old or is an endangered adult, may request testing but it is in the court’s discretion following a finding of probable cause that the defendant committed the offense.
  • If the indictment charges that the defendant compelled another person to engage in sexual activity by force or threat of force, testing is required upon the victim’s request.
  • For those convicted of an offense relating to a criminal sexual act and the offense created an epidemiologically demonstrated risk of transmission of HIV, testing is required.
  • For defendants charged with a potentially disease transmitting offense or with an offense involving the transmission of bodily fluid, upon the court’s order following a successful probable cause hearing.
  • Not later than 48 hours after the victim’s request where the defendant is charged with compelling another person to engage in sexual activity by force or threat of force.
  • Following conviction for those convicted of an offense relating to a criminal sexual act where the offense created an epidemiologically demonstrated risk of transmission of HIV.

Ind. Code §§ 16-41-8-1, 16-41-8-5, 16-41-8-6, 35-38-1-10.5, 35-38-1-10.6, 31-37-19-12.

Iowa
  • Individuals convicted, adjudicated delinquent or “alleged offenders” accused of “sexual assault” involving “significant exposure” to HIV/AIDS.
    • “Sexual assault” means “sexual abuse” or any other sexual offense by which a victim has allegedly had sufficient contact with a “convicted offender” or an “alleged offender” to be deemed a “significant exposure.”
    • “Sexual abuse” means any sex act between persons: (1) when the act is done by force or against the will of the person (or if consent is procured by threats of violence, or the person is under the influence of a sleep inducing drug/is unconscious); or (2) if the person suffers from a mental defect or incapacity which precludes giving consent (or lacks the mental capacity to know right and wrong conduct of sexual matters); or (3) if the person is a child.
    • “Alleged offender” means a person who has been charged with the commission of a sexual assault or a juvenile who has been charged in juvenile court with being a delinquent as a result of actions that would constitute a sexual assault.
    • “Convicted offender” means a person convicted of a sexual assault or a juvenile who has been adjudicated delinquent for an act of sexual assault.
    • “Significant exposure” means contact of the victim’s ruptured or broken skin or mucous membranes with the blood or body fluids (other than tears, saliva or perspiration) of the convicted or alleged offender.  Significant exposure is presumed when there is a showing that there was penetration of the convicted or alleged offender’s penis into the victim’s vagina or anus, contact between the mouth and genitalia, or contact between the genitalia of the convicted or alleged offender and the genitalia or anus of the victim.
  • If a person is an alleged offender, a search warrant shall be applied for.
  • Testing is available at the request of the victim upon court order.
  • Testing for alleged offenders and those convicted or adjudicated delinquent occurs following a hearing as described below.

Iowa Code §§ 141A.6, 141A.7, 141A.9, 709.1, 915.40, 915.42 and 915.43.

Kansas
  • An adult arrested and charged with a crime in which it appears from the nature of the charge that the transmission of body fluids from one person to another may have been involved.
  • A juvenile charged with an offense involving a sexual act or in which it appears from the nature of the charge that the transmission of body fluids from one person to another may have been involved.
  • An adult convicted of a crime that involved or was likely to have involved transmission of body fluids from one person to another. 
  • A juvenile adjudicated to have committed an act or offense that involved or was likely to have involved transmission of body fluids from one person to another or involved a sexual act. 
    • "Sexual act" means contact between the penis and the vulva, the penis and the anus, the mouth and the penis, the mouth and the vulva or the mouth and the anus. For purposes of this definition contact involving the penis occurs upon penetration, however slight.  
  • For those arrested and charged, testing is required at the request of the victim, or if the victim is a minor, the victim’s parent, or the county or district attorney or if the person arrested and charged stated to law enforcement officers that such person has an infectious disease (including HIV/AIDS) or is infected with an infectious disease (including HIV/AIDS).
  • For those convicted, testing may be ordered by the court on its own accord and is required if the victim or parent/legal guardian of the victim (if the victim is a minor) requests testing.
  • Testing is available when an alleged offender is arrested or charged and also after conviction.
  • If the test result for HIV infection is negative (and the original request for testing resulted from law enforcement or emergency response personnel exposed to transmission of body fluids within the scope of the employee’s duties), the court shall order the adjudicated person to submit to another test for HIV infection six months after the first test was administered. 

Kan. Stat. Ann. §§ 38-2317, 65-6001, 65-6004, 65-6008, 65-6009.

Kentucky
  • A defendant who is convicted of an offense which has sexual intercourse or deviate sexual intercourse as an element, or has sexual contact as an element when the circumstances of the case demonstrate a possibility of transmission of HIV.
  • Applies to adult and juvenile offenders.
  • For convicted offenders, testing is required.
  • For convicted offenders, testing occurs upon sentencing.

Ky. Rev. Stat. Ann. §§ 438.250, 510.320, 635.110; 902 Ky. Admin. Regs. 2:020

Louisiana
  • A person who has been charged with or convicted of first degree rape, second degree rape, third degree rape, sexual battery, misdemeanor sexual battery, second degree sexual battery or oral sexual battery.
  • Applies to both adult and juvenile defendants.
  • For convicted offenders, testing is required to determine whether the person is infected with a sexually transmitted disease, AIDS, HIV, HIV-1 antibodies or any other probable causative agent of AIDS.
  • For charged persons, testing is required if the victim requests it.
  • Testing occurs upon conviction.
  • For charged persons, if the victim requests testing, the test must occur within 48 hours of the person’s indictment.

La. Rev. Stat. §§ 14:42-43.3, 14:43.5, 15:535, 15:541; La. Code Crim. Proc. art. 499; La. Admin. Code tit. 51, pt. II §105.

Maine
  • Offenders, both adults and juveniles, convicted of, or adjudicated as having committed (in the case of juveniles), a “sexual crime.”
    • “Sexual crime” means a crime involving a “sexual act”, which is defined as:
      • (1) any act between 2 persons involving direct physical contact between the genitals of one and the mouth or anus of the other, or direct physical contact between the genitals of one and the genitals of the other;
      • (2) any act between a person and an animal being used by another person which act involves direct physical contact between the genitals of one and the mouth or anus of the other, or direct physical contact between the genitals of one and the genitals of the other; or
      • (3) any act involving direct physical contact between the genitals or anus of one and an instrument or device manipulated by another person when that act is done for the purpose of arousing or gratifying sexual desire or for the purpose of causing bodily injury or offensive physical contact. 
    • A sexual act may be proved without allegation or proof of penetration.
  • After the defendant is convicted, available upon request of the victim of a sexual crime, or the victim’s parent, guardian or authorized representative if the victim is a minor or incapacitated adult.
  • A victim of a sexual crime (or the victim’s parent, guardian or authorized representative if the victim is a minor or incapacitated adult) may petition the court at any time prior to sentencing or no later than 180 days after conviction to order the convicted offender to submit to HIV testing and to order that the convicted offender be informed of the test results.

Me. Rev. Stat. Ann. tit. 5, §§ 19203-A, 19203-F, 19204-A; Me. Rev. Stat. Ann. tit. 17-A § 251.

Maryland
  • The court may order a person to give a blood sample to be tested for HIV where the person is charged with a prohibited exposure (within 1 year of the occurrence of the prohibited exposure); and
    • the victim or the victim’s representative requests the test in writing; and
    • the court finds probable cause to believe the prohibited exposure occurred.
  • The court will order a person to give a blood sample to be tested for HIV and any other identified causative agent of AIDS where that person:
    • has been convicted of a crime that includes a prohibited exposure;
    • has been granted probation before judgment in a case involving a prohibited exposure; or
    • is a child respondent found to have committed a delinquent act that includes a prohibited exposure.
  • A “prohibited exposure” means a crime or delinquent act that may have caused or resulted in exposure to HIV and includes contact that occurs on penetration, however slight, between the penis and the vulva or anus; and contact between the mouth and the penis, vulva, or anus.
  • For those charged, available upon court order (after a finding of probable cause) at the written request of the victim or the victim’s representative. Victim or victim's representative must request testing in writing to the State's Attorney in the county where the prohibited exposure occurred.
    • For those convicted, available upon court order at the request of the victim or victim’s representative to the State’s Attorney in the county where the prohibited exposure occurred.
  • “Victim” means the victim of a prohibited exposure and includes law enforcement officers, firefighters, emergency medical personnel and forensic scientists acting in the performance of their respective duties.
  • “Victim’s representative” means the parent of a victim who is a minor, the legal guardian of a victim or the person authorized to give consent for the victim.
  • For those charged, upon the victim’s or victim’s representative’s written request and following a hearing to be held within 30 days of presentment of the request to the court. The court must rule within 3 days of the conclusion of the hearing. The person must have been charged within 1 year after the prohibited exposure occurred and the court must find probable cause to believe that a prohibited exposure occurred.
  • Both the victim or victim’s representative and the accused have the right to be present at the hearing.
  • For those convicted (including child respondents) or on probation before judgment, the court shall issue an order for testing within 10 days of the victim’s or victim’s representative’s written request.  On receipt of the court order, the local health officer shall collect the blood sample within 7 days from the person charged with, convicted of, or found to have committed, a prohibited exposure.

Md. Code Ann., Crim. Proc. §§ 11-107 – 11-117; Md. Code Regs. 10.52.10.02 – 10.52.10.07; Md. Code Regs. 10.18.02.06.

Massachusetts
  • Please see "Anything else I should know?" for more information.
  • Correctional institutions must conduct a physical examination of each inmate incarcerated for 30 days or more, which physical examination must give special attention to determining the presence of communicable diseases, particularly venereal diseases. 
    • “Venereal diseases” is not defined.
    • HIV testing is voluntary.
  • Within 14 days of incarceration, if elected by the inmate. 

Mass. Gen. Laws ch. 111 §§ 70-E, 70-F; ch. 127 § 16; 105 Mass. Code Regs. 205.101, 205.200

Michigan
  • Individuals charged with criminal sexual conduct and assault with intent to commit criminal sexual misconduct involving sexual penetration
    • “Sexual penetration” means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person’s body or of any object into the genital or anal openings of another person’s body, but emission of semen is not required.
  • Required upon conviction.
  • Required upon defendant being “bound over” where the court determines there is probable cause to believe that the violation involved “sexual penetration” or exposure to a body fluid of the defendant.
  • Upon conviction.
  • Upon defendant being “bound over” to court upon finding of probable cause to proceed.
  • Upon victim’s request, the testing will be done not later than 48 hours after the date that the information/indictment is presented and the defendant is either in custody or has been served with the information/indictment.

Mich. Comp. Laws §§ 333.5129, 750.520a-.520g.

Minnesota
  • Adults convicted of or juveniles adjudicated delinquent for criminal sexual conduct in the first, second, third, or fourth degree, or any other violent crime, if:
    • The crime involved sexual penetration, however slight, or
    • There is evidence that the broken skin or mucous membrane of the victim was exposed to or had contact with the offender’s semen or blood during the commission of the crime in a manner which has been demonstrated epidemiologically to transmit HIV.
  • Available upon request of the victim (if the offender is convicted).
  • After sentencing.

Minn. Stat. Ann. § 611A.19

Mississippi
  • Any person who is convicted of a “sex offense” and who is sentenced to any state or local correctional facility, placed on probation, given a suspended sentence or other disposition shall be tested for HIV and AIDS by the state Department of Health in conjunction with the State Department of Corrections.
  • Any juvenile who is adjudicated a delinquent as a result of committing a sex offense or any offense involving the crime of rape and placed in the custody of the Mississippi Department of Human Services, Office of Youth Services, shall be tested for HIV and AIDS.
  • “Sex offense” includes, but is not limited to, rape; assault with intent to ravish; sexual battery; exploiting children; the carnal knowledge of a stepchild, adopted child, or child of a cohabitating partner; unnatural intercourse; procuring sexual servitude of a minor; the attempt to commit any of the above offenses; any offense resulting in a conviction in another jurisdiction for which registration as a sex offender is required in the jurisdiction where the conviction was had; any conviction of conspiracy to commit, accessory to commission, or attempt to commit any offense listed in this section.
  • Required upon conviction.
  • Available upon victim’s request if the offense or attempted offense is sexual assault or of felonious abuse or battery of a child, touching or handling a child for lustful purposes, exploitation of children, sexual battery, or statutory rape.
  • At victim’s request, a test for HIV shall be administered to the defendant/accused no later than 48 hours after the date on which the information or indictment is presented and defendant/accused shall be subjected to follow-up testing as medically necessary and reasonable.
  • An offender who is confined for more than ninety days shall be tested within thirty days before the date of the offender’s release.

Miss. Code Ann. §§ 99-19-201, 99-19-203, 99-37-25, 43-21-623, 45-33-23.

Missouri
  • Individuals charged with any sexual offense, which includes sexual intercourse or deviate sexual intercourse 
    • “Sexual intercourse” means any penetration, however slight, of the female genitalia by the penis.
    • “Deviate sexual intercourse” means any act involving the genitals of one person and the hand, mouth, tongue, or anus of another person or a sexual act involving the penetration, however slight, of the penis, female genitalia, or the anus by a finger, instrument or object done for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing the victim.
  • All individuals who are delivered to the Department of Corrections prior to incarceration and all individuals who are released or discharged from any correctional facility operated by the Department of Corrections, before such individuals are released or discharged.
  • Available upon indictment upon filing of a motion by the prosecuting or circuit attorney. Timing of the testing is not specified.
  • Required upon conviction prior to incarceration.
  • Prior to incarceration and before release or discharge from the Department of Corrections.

Mo. Ann. Stat. §§ 191.226; 191.656, 191.659; 191.663; 566.010; 545.940

Montana
  • A person convicted of a “sexual offense” must, at the request of the victim of the sexual offense or of the parent or guardian of the victim, if the victim is a minor, be administered standard testing according to currently accepted protocol, using guidelines established by the Centers for Disease Control, to detect in the person the presence of antibodies indicative of the presence of HIV or other sexually transmitted diseases.
  • “Sexual offense” includes any violation of or attempt, solicitation, or conspiracy to commit a violation of sexual assault, sexual intercourse without consent, indecent exposure, incest, sexual abuse of children, or sexual servitude.
  • “Convicted” includes a juvenile adjudicated a delinquent youth or a youth in need of intervention.
  • Available at the request of the victim or the parent or guardian of the victim, if the victim is a minor (if the person is convicted).
  • Following entry of judgment.

Mt. Code Ann. §§ 46-18-256, 46-23-502(9).

Nebraska
  • When a person has been convicted of sexual assault, sexual assault of a child in the first, second or third degree, or any other offense under Nebraska law when sexual contact or sexual penetration is an element of the offense, the judge must, at the victim’s request, order the convicted person to submit to HIV testing when the circumstances of the case demonstrate a possibility of transmission of HIV.
  • "Convicted" includes adjudicated under juvenile proceedings.
  • Available at the request of the victim (if the person is convicted).
  • After conviction (filing notice of appeal does not stay the testing requirement).
  • Neb. Rev. Stat. Ann. § 29-2290.
Nevada
  • Please see "Anything else I should know?" for more information.
  • Not required.
  • N/A

Nev. Rev. Stat. Ann. §§ 441A.315, 441A.336; S.B. 211 (2021), § 1; S.B. 275 (2021)

New Hampshire
  • Individuals convicted of sexual assault and related offenses, including persons convicted under juvenile proceedings.
  • Required (if the individual is convicted).
  • Upon conviction. 

N.H. Rev. Stat. Ann. §§ 141-F:7-F:8, 632-A:1-A:4, 632-A:10-b.

New Jersey
  • Individuals convicted of, indicted for or formally charged with sexual assault or aggravated sexual assault.
  • Juveniles charged with delinquency or adjudicated delinquent for an act which if committed by an adult would constitute aggravated sexual assault or sexual assault.
  • Available upon request of the victim and upon application of the prosecutor immediately following the request.
  • Upon request of the victim and upon application of the prosecutor immediately following the request, the court shall order a person convicted, indicted, formally charged, charged with delinquency, or adjudicated delinquent to be tested.
  • The court order shall require testing to be performed as soon as practicable.
  • If the victim makes the request prior to or at the time of indictment, or accusation if the defendant has waived the right to an indictment, the court order shall require the testing be performed within 48 hours.

N.J. Stat. Ann. §§ 2A:4A-43.1; 2A:4A-43.4; 2C:14-2; 2C:43-2.2; 2C:43-2.3; 26:5C-9; 52:4B-44.

New Mexico
  • Persons convicted of, or upon the filing of a complaint, information or an indictment alleging the commission of, a state criminal offense involving:
    • contact between the penis and vulva;
    • contact between the penis and anus;
    • contact between the mouth and penis;
    • contact between the mouth and vulva; or
    • contact between the mouth and anus.
  • Persons convicted of any criminal offense when the court determines from the facts of the case that there was a transmission or likelihood of transmission of blood, semen or vaginal secretions from the offender to the victim.   
  • Available with the consent of the offender or alleged offender of any criminal offense listed above.
  • If the offender has been convicted, in the absence of consent, upon court order issued in response to a petition from the district attorney or other prosecutorial authority at the request of the victim or, where the victim is a minor or incompetent, the parent/legal guardian of the victim.
  • If the alleged offender has not been convicted, in the absence of consent, upon court order issued in response to a petition from the district attorney or other prosecutorial authority at the request of the victim or, where the victim is a minor or incompetent, the parent/legal guardian of the victim; provided that the same test is first performed on the victim.
  • When the offender or alleged offender consents; or
  • Upon filing of a complaint, information or an indictment alleging offense or upon conviction, the district attorney or other prosecutorial authority, upon request from the victim or the parent/legal guardian of the victim if the victim is a minor or incompetent, can petition the court to order that a test be performed on offender or the alleged offender not later than 48 hours from the date of the court order.

N.M. Stat. Ann. §§ 24-2B-5.1, 24-2B-5.2, 24-2B-4 and 24-2B-6 through 24-2B-8.

New York
  • Persons (including juveniles) convicted of, or where an indictment or a superior court information has been filed with a superior court relating to, a felony offense where “sexual intercourse” (which “has its ordinary meaning and occurs upon any penetration, however slight”), “oral sexual conduct” (contact between the mouth and the penis, anus, vulva or vagina) or “anal sexual conduct,” (contact between the penis and anus) is a required element.
  • Available upon court order at the written request of the victim or representative of a minor or incompetent victim. Such request must be made prior to or within 48 hours after the indictment or superior court information has been filed with the superior court or prior to or within 10 days after entry of the offender’s conviction.
  • The court may permit the request to be filed at a later stage of the action within six months of the date of the crimes charged (alleged offender) or at any time before a sentence is imposed (convicted offender), for good cause shown.

Within 48 hours of the date on which the court ordered the testing (for an alleged offender) or 15 days of the date on which the court ordered the testing (for a convicted offender).

N.Y. Penal Law § 130.00; N.Y. Crim. Proc. Law § 210.16 and 390.15; N.Y. Pub. Health Law art. 27-F, §§ 2781 and 2785-A; NY Family Court Act § 347.1.

North Carolina
  • After a finding of probable cause or an indictment for an offense that involves nonconsensual vaginal, anal, or oral intercourse, statutory rape or child molestation.
  • Testing is available upon a court order issued in response to the district attorney’s petition at the request of the victim or the parent, guardian, or guardian ad litem of a minor victim, following a finding of probable cause by the court to believe that the alleged sexual contact involved in the offense would pose a significant risk of transmission of HIV.
  • The defendant will be tested not later than 48 hours after the date of the court order. 

N.C. Gen. Stat. Ann. §§ 15A-615 and 130A-143; 10A N.C. Admin. Code 41A.0202(9)-(10); NC Public Health HMAP website.

North Dakota
  • Persons charged with or convicted of a sex offense (including, sexual imposition, gross sexual imposition, continuous sexual abuse of minors, corruption or solicitation of minors, luring minors by computer or other electronic means, sexual abuse of wards, sexual exploitation by therapist, sexual assault, fornication, adultery, incest, deviate sexual act, sexual extortion, transfer of bodily fluid that may contain HIV and surreptitious intrusion) may be tested for HIV.
  • The court may not order a person charged with or convicted of indecent exposure and/or bigamy to undergo testing. 
  • Testing is required for those convicted of a sex offense listed above.
  • Testing of persons charged with a sex offense listed above is available (as described below) upon petition of the victim, or the prosecuting attorney at the written request of victim.
  • When individual is charged or upon showing of probable cause that a possible transfer of HIV took place after request by victim, depending on the offense (as described below).
  • Testing also occurs upon conviction for a sex offense.

N.D. Cent. Code Ann. §§ 12.1-20, 23-07.7-01; 23-07.7-02; 23-07-07.5.

Ohio
  • Any person charged with (1) felonious assault, rape, sexual battery, unlawful sexual conduct with a minor, gross sexual imposition, solicitation of sexual activity for hire (including after a positive HIV test), loitering to engage in sexual solicitation of sexual activity for hire (including after a positive HIV test) or prostitution (including after a positive HIV test), (2) a violation of a municipal ordinance that is substantially equivalent to the crimes first listed above or (3) a violation of a statute or municipal ordinance in which by force or threat of force the accused compelled the victim to engage in sexual activity.
  • Any person charged with any violation of a statute or with a violation of any other municipal ordinance, other than those crimes first listed above, if (1) the accused is infected with HIV and (2) the circumstances of the violation indicate probable cause to believe that, in committing the violation, the accused might have transmitted the virus to the victim or to another person.
  • Available upon court order at the request of the prosecutor, the victim, or any other person whom the court reasonably believes had contact with the accused in circumstances related to the violation that could have resulted in the transmission to that person of HIV.
  • Probable cause that transmission occurred is required unless charged with rape or related sexual offenses.
  • The court will cause the accused to submit to the test or tests within 48 hours after the indictment, information, or complaint is presented. 

Ohio Rev. Code Ann. §§ 2907.27; 3701.242-243; Ohio Admin. Code 3701-3-11.

Oklahoma
  • Persons arrested by lawful warrant for first or second degree rape, forcible sodomy or the intentional infection or attempt to intentionally infect a person with HIV.
  • Required upon arrest for an offense listed above (such person may be detained until the results of the examination are known).
  • After arrest by lawful warrant for offense of first or second degree rape, forcible sodomy or the intentional infection or attempt to intentionally infect a person with HIV.
  • If a person is arrested within 6 hours or less of the actual offense, the accused is to immediately receive a rapid test for HIV (if a rapid test site is available).
  • Okla. Stat. Ann.§§ 63-1-524.1, 63-1-525.
Oregon
  • Persons charged with or convicted of a crime in which it appears from the nature of the charge that the transmission of body fluids from one person to another may have been involved.
  • Youth offenders who are within the Juvenile Court’s jurisdiction for having committed an act from which it appears that the transmission of body fluids from one person to another may have been involved or a sexual act may have occurred.
  • Upon request by the victim or the parent or guardian of a minor or incapacitated victim, the district attorney may petition for a court order requiring a test for HIV if the person charged does not give consent or fails to submit to a test. The court will order testing if it determines there is probable cause to believe that:
    • the person charged committed the crime; and
    • the victim has received a substantial exposure, as defined by rule of the Oregon Health Authority.
  • Upon request by a victim or a parent or guardian of the victim, the court will order testing of a person convicted of any crime in which the court determines from the facts that the transmission of body fluids from one person to another was involved, if the person was not tested when charged, and the person does not consent to testing.
  • When charged or upon conviction if not tested earlier.

Or. Rev. Stat. Ann. §§ 135.139 and 419C.475.

Pennsylvania
  • Individuals charged with rape, statutory sexual assault, involuntary deviate sexual intercourse, sexual assault, institutional sexual assault, aggravated indecent assault, indecent assault, incest, or offenses against children involving sexual contact.
  • Upon request of the victim and with notice to the defendant, the attorney for the Commonwealth will make an application to the court for HIV-related testing, which application will be granted upon a finding of probable cause to believe there is a probable transmission of bodily fluids between a defendant and victim. 
  • No later than 48 hours after filing of the bill of information (in the First Judicial District) or criminal information (in judicial districts other than the First Judicial District) or until six weeks after the date of conviction, upon a finding of probable cause to believe there is a probable transmission of bodily fluids between a defendant and victim.

35 Pa. Stat. §§ 7605, 7620.301-304.

Puerto Rico
  • Individuals (including minors who incur offenses equal to these crimes) convicted of rape, conjugal sexual assault, incest, sodomy or lewd or indecent acts when committed by contact between the mouth and the penis, the mouth and the vagina or the mouth and the anus.
  • In the case of the crimes listed above, the judge may order an HIV test if the individual is convicted.
  • Upon conviction.

P.R. Laws Ann. tit. 24, §§ 576 and 578.

Rhode Island
  • Any person who has admitted to or been convicted of or adjudicated wayward or delinquent by reason of having committed a sexual offense involving “sexual penetration” (sexual intercourse, cunnilingus, fellatio, and anal intercourse, or any other intrusion, however slight, by any part of a person’s body or by any object into the genital or anal openings of another person’s body, or the victim’s own body upon the accused’s instruction - emission of semen is not required), whether or not sentence or fine is imposed or probation granted. 
  • Available upon a court order upon the petition of the victim, immediate family members of the victim or legal guardian of the victim.
  • Upon admission, conviction or adjudication as wayward or delinquent.

R.I. Gen. Laws §§ 11-37-1, 11-37-17 and 23-6.3-3.

South Carolina
  • Any person (adult or juvenile) charged with a criminal offense that involves the sexual penetration of the victim’s body or exposure of the victim to body fluids during the commission of a criminal offense.
  • At the request of the victim of a crime listed above (or the victim’s legal guardian), after the offender is charged, the solicitor must petition the court for an order to have the offender tested.
  • As soon as practicable after the court order is issued but not later than 48 hours after the date the person is indicted for the offense or waives indictment for the offense, or not later than 48 hours after the petition is filed with the family court if the offender is subject to the jurisdiction of the family court. If the offender cannot be located before the end of the 48 hour period, the 48 hour period is tolled until the offender is located by law enforcement. 
  • S.C. Code Ann. § 16-3-740.
South Dakota
  • A crime in which, by force or threat of force, the defendant or juvenile compelled the victim to engage in sexual activity, where there is an exchange of blood, semen, or other body fluids.
  • Available upon court order at the request of the victim, or a victim or witness assistant, or a law enforcement officer, provided that the court finds probable cause that the defendant or juvenile committed the offense and that there was an exchange of blood, semen, or other bodily fluids from the defendant or juvenile to the victim.
  • A blood sample shall be taken within 48 hours of the date of the written request to the state’s attorney that the defendant or the juvenile be tested for HIV or, if later, the date on which the information, indictment, or petition was:
    • (1) presented or filed, and the defendant or juvenile was taken into custody; or
    • (2) served on the defendant or juvenile.
  • If the court orders a search warrant, the Department of Health shall initiate the test within 48 hours after it receives the blood sample.

S.D. Codified Laws §§ 23A-35B-1 to 23A-35B-7.

Tennessee
  • Any person initially arrested for rape, aggravated rape, mitigated statutory rape, statutory rape, aggravated statutory rape, rape of a child, aggravated rape of a child, or statutory rape by an authority figure, or aggravated assault of certain law enforcement officers and emergency medical personnel in the course of their official duties.
  • For aggravated assault, if the victim of the assault suffered actual contact with the blood or other body fluid of the arrestee, testing is available upon request of the victim of the assault.
  • For other crimes, testing is required, with or without the request of the victim.
  • For aggravated assault, immediately upon request of the victim of the assault.
  • For other crimes, immediately or not later than 48 hours after the presentment of information or indictment.

Tenn. Code Ann. §§ 39-13-102, 39-13-112, 39-13-502, 30-13-503, 39-13,506, 39-13-521, 39-13-522, 39-13,531 & 39-13,532.

Texas
  • Any person indicted for or who waives indictment for continuous sexual abuse of a young child or disabled individual, indecency with a child, sexual assault, aggravated sexual assault.
  • In most cases, “sexual assault” (other than with respect to a young child or children) includes penetration without the consent of the victim.
  • Testing is available upon the court’s own motion or upon the request of the victim.
  • If the defendant refuses to submit voluntarily to testing, the court will require the defendant to submit to the test. 
  • Upon request of the victim, the court will order the defendant to undergo testing within 48 hours after indictment or defendant’s waiver of indictment.
  • If the victim requests the testing of the defendant and a law enforcement agency is unable to locate the defendant during the 48 hour period allowed for testing, the running of the 48 hour period is tolled until such defendant is located.

Tex. Penal Code Ann. §§ 21.01, 21.02, 21.11, 22.011, 22.021; and Tex. Code Crim. Proc. Ann. art. 21.31, 56A.001, 56A.052, 56A.251, 56A.401, 56A.402.

Utah
  • Any person (including a juvenile) against whom an indictment, information, or petition is filed or regarding whom an arrest has been made for a sexual offense or an attempted sexual offense, including, but not limited to, sexual assault, sexual abuse, rape, or sexual abuse of a child, and for whom a judge has signed an accompanying arrest warrant or other order based upon probable cause regarding the alleged offense and has found probable cause to believe that the alleged victim has been exposed to conduct or activities that may result in an HIV infection as a result of the offense.
  • “Sexual Offense” includes many offenses outlined in Utah Code Ann. § 76-5-401 et seq. In most cases, a “sexual offense” includes either penetration or touching.
  • Testing is available by request of the alleged victim, the parent or guardian of an alleged minor victim, or the guardian of an alleged victim who is a vulnerable adult (an elderly adult or adult with mental or physical impairment as defined in §62A-3-301). 
  • If the alleged victim requests that the alleged offender be tested, such offender shall submit to testing within 48 hours after an information or indictment is filed or after an order requiring a test is signed.
  • If the alleged victim requests that the alleged offender be tested more than 48 hours after the information or indictment is filed, such offender shall submit to being tested within 24 hours of such request.
  • Utah Code Ann. §§ 53-10-801 to 53-10-804, 62A-3-301, 76-5-401 et seq., 77-37-3.
Vermont
  • Any person, including a juvenile, convicted of an offense involving a “sexual act” may be subject to testing for AIDS and other sexually-transmitted diseases.
  • “Sexual act” means a criminal offense:
    • where the underlying conduct of the offender constitutes conduct between persons consisting of contact between the penis and the vulva, the penis and the anus, the mouth and the penis, the mouth and the vulva, or any intrusion, however slight, by any part of a person’s body or any object into the genital or anal opening of another; and
    • that creates a risk of transmission of the etiologic agent for AIDS to the victim as determined by the federal Centers for Disease Control and Prevention.
  • Testing is available upon the victim's request following conviction or adjudication, in which case the State’s Attorney shall petition the court on behalf of the victim for an order for AIDS testing.
  • After arraignment, a defendant who is charged with an offense involving a sexual act may offer to be tested for the presence of the etiological agent for AIDS or other sexually-transmitted diseases.
  • Upon victim’s request following conviction or adjudication of a crime involving a sexual act with the victim, the court shall order the test to be administered by the Department of Health.
    • If appropriate under the circumstances, the court may include in its order a requirement for follow-up testing of the offender.  An order for follow-up testing shall be terminated if the offender’s conviction is overturned.
  • After arraignment, a defendant who is charged with an offense involving a sexual act may offer to be tested for the presence of the etiologic agent for AIDS and other sexually-transmitted diseases.
  • Vt. Stat. Ann. tit. 13, §§ 3251, 3256
Virgin Islands
  • Individuals charged or convicted of sexual offenses.
    • “Sexual offense” means (A) unlawful sexual contact between the penis and vulva, or the penis and the anus, and for purposes of this definition contact involving the penis occurs upon penetration, however slight, or the mouth and the penis, the mouth and the vulva, or the mouth and the anus, and (B) the perpetration of any of the sexual offenses proscribed by Title 14, Virgin Islands Code.
  • Testing is available upon indictment at the request of the victim if probable cause exists.
  • Testing is available at the request of the victim upon conviction.
  • Upon the issuance of a search warrant, pursuant to victim’s request.
  • V.I. Code Ann. §§ 3910, 3911, 3912.
Virginia

N/A

Not required.

N/A

N/A

Washington

N/A

N/A

N/A

N/A

West Virginia
  • Individuals charged with prostitution, sexual abuse, sexual assault, incest or sexual molestation.
  • Testing is required upon court order.
  • Upon being charged; and
  • Upon conviction.
  • W. Va. Code §§ 16-3C-1 through 16-3C-3; WV ADC §64-64-4; and
  • See also the West Virginia Protocol for Responding to Victims of Sexual Assault: http://www.fris.org/Resources/PDFs/Books/WVProtocol.pdf
Wisconsin
  • Individuals (including juveniles) indicted for sexual assault, sexual assault of a child, repeated acts of sexual assault of the same child, sexual exploitation of a child, sexual assault of a child placed in substitute care, incest with a child, and sexual assault of a child by a school staff person.
  • The district attorney must apply to the circuit court of his or her county to order the defendant to submit to a HIV test if (i) the district attorney has probable cause to believe that the alleged victim or victim has had contact with body fluid of the defendant that constitutes a significant exposure; and (ii) the victim (or parent or guardian if the victim is a minor) requests the district attorney apply for a court order.
  • Testing is available upon the victim's request, if the victim is an adult (or parent’s or guardian’s request if the victim is a child) following a court order (and finding of probable cause).
  • Testing may occur after the district attorney applies for an order at any of the following times:
    • at or after the initial appearance and prior to preliminary examination;
    • if the defendant waives preliminary examination at any time after the defendant is indicted and before a verdict is rendered;
    • at any time after conviction or found not guilty by reason of mental disease or defect; or
    • at any time after a court finds that the defendant is not competent to proceed and suspends the criminal proceedings.
  • In the case of a juvenile offender, testing may occur after the district attorney applies for an order at any of the following times:
    • at or after the plea hearing and before a dispositional order is entered;
    • at any time after the juvenile is adjudicated delinquent or found to be in need of protection or services;
    • at any time after the juvenile is found not responsible by reason of mental disease or defect; or
    • at any time after a determination that the juvenile is not competent to proceed.
  • W.S.A. §§ 938.296, 938.346, 938.371, 950.04; 968.38;
  • State v. Parr, 513 N.W. 2d 647 (Wis. Ct. App. 1994)
Wyoming
  • Any person accused of a crime where it is alleged that there has been an exchange of bodily fluids.
  • Any person convicted of a sex offense (defined to include sexual assault, attempted sexual assault, conspiracy to commit sexual assault, incest, or sexual abuse of a minor).
  • For pre-conviction testing, available at the request of the victim upon a showing of probable cause (or upon consent of accused).
  • Upon conviction, available at the request of the victim pursuant to a court order.
  • For pre-conviction testing:
    • available upon consent of a person accused of any crime where it is alleged that there was an exchange of bodily fluids, with testing to occur as soon as practicable, but not later than forty-eight (48) hours after the date on which the information or indictment is presented; or
    • for cases in which the person is accused of any crime where it is alleged that there was an exchange of bodily fluid and the accused person is unwilling or unable to give consent, the court may, by warrant upon a sufficient showing of probable cause by affidavit, order testing, which shall be conducted as soon as practicable, but no later than forty-eight (48) hours after the date on which the information or indictment is presented.
  • Upon conviction, at the request of the victim pursuant to court order, testing will occur as soon as practicable, but not later than 48 hours after conviction.
  • Wyo. Stat. §§ 7-1-109.



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