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HIV/AIDS Testing of Offenders

Last Updated: 2016-02-05
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^
  • Defendant convicted of a “sexual offense,” which is defined as an act of rape, sodomy, or sexual misconduct in which “sexual intercourse” or “deviate sexual intercourse” occurs. 
    • “Sexual intercourse” has its ordinary meaning (penetration of the female vagina by the male penis) and occurs upon any penetration, however slight, and emission is not required.
    • “Deviate sexual intercourse” means any act of sexual gratification between persons not married to each other involving the sex organs of one person and the mouth or anus of the other.
  • Testing is required for any individual sentenced in Alabama imprisonment in any city or county jail, or state correction facility, for 30 or more consecutive days, regardless of what offense they may have committed. 
  • All individuals sentenced in Alabama to imprisonment in any city or county jail, or state correction facility, for 30 or more consecutive days, is tested 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-6-60-67, 22-11A-17; Ala. Admin. Code r. 420-4-1-.08. 

Alaska^
  • A defendant charged in a criminal complaint, indictment, presentment or information filed with a magistrate or court with 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, or the parent or guardian of a 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 a crime was committed and sexual penetration took place in the alleged crime, the court will order testing.
  • Upon receipt of a petition by an alleged victim, or the parent or guardian of a 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:
    • the alleged crime 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 or minor’s arrest;
    • after the entry of a disposition favorable to the defendant, which includes 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. §§ 11.41.410-50, 11.81.900, 18.15.300-320.

Arizona^
  • A defendant, including a defendant who is a minor, who is alleged to have committed 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.
  • Testing is done on defendants alleged to have committed the “sexual offense” or another offense involving “significant exposure” and after a court order has been issued.
  • If the allegation is a sexual offense, the court will order testing upon a petition by the victim or, if the victim is a minor, by the parent or guardian of the victim.
  • If the allegation is another 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^
  • Any person arrested and charged with rape, sexual indecency with a child, sexual assault (in the first, second, third or fourth degree), incest, and/or prostitution.
  • Testing is available prior to the defendant’s conviction, but mandatory under court order upon the request of the victim and the conviction of the defendant.
  • Testing may be ordered at the arrest and charging stage (pre-conviction) upon a court’s finding of reasonable cause to believe that the person committed the offense, subject to constitutional limitations or unless the court determines it 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 mandatory.

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

California^
  • Any defendant charged in any criminal complaint filed with a magistrate or court, or any minor with respect to whom a petition has been filed in a juvenile court alleging, sexual offenses including rape, sodomy, and certain offenses and attempted offenses where the court finds probable cause exists to believe that the defendant committed the crime and probably cause exists to believe that blood, semen or other bodily fluid capable of transmitting HIV has been transferred.
  • Available upon request of the alleged victim after charging and upon finding by the court of probable cause.
  • Testing is required upon conviction.
  • Prior to conviction, only after finding of probable cause by the court.
  • After conviction, within 180 days.

Cal. Pen Code §§ 261, 261.5, 262, 264.1, 266c, 269, 286, 288, 288.5, 288a, 289, 289.5, 1202.1, 1524.1; Cal. Health & Safety Code §§ 121055, 121065.

Colorado^
  • Any adult or juvenile who is bound over for trial for any sexual offense involving sexual penetration.
  • “Sexual penetration” means:
    • Sexual intercourse, cunnilingus, fellatio, analingus, or anal intercourse; in which
    • Emission need not be proved as an element of any sexual penetration; and
    • Any penetration, however slight, is sufficient to complete the crime.
  • Testing may be required by court order and disclosure limited to victims who specifically request disclosure.
  • 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.

Connecticut^
  • Individuals accused or convicted of 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-581-590; 53-12; 53a-65-89; 54-102a; 54-102b; 54-102c.

Delaware^
  • A person charged with 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.
  • “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 and 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;
    • any intentional touching of another person with the defendant's anus, breast, buttocks 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 is available upon court order following the request of the victim. Defendant is notified of the availability of testing at initial court appearance on the charges and 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 or deviate sexual intercourse as an element, at the request of the victim, the Court shall order testing of Defendant.
  • Defendant must submit to testing not later than 48 hours after the victim has requested, and the court has ordered, such testing.
  • A notice of appeal shall not stay an order that the defendant submit to HIV testing.

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

District of Columbia^
  • Individuals convicted of 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.
  • No provision for testing is available for individuals who are not convicted of a required offense.
  • Following conviction, testing is mandatory upon the request of the victim.

D.C. Code §§ 22-3901-3902.

Florida^
  • Persons charged by information or indictment with or alleged by petition for delinquency to have committed 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.
  • Persons convicted of or who have plead 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, 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, or of the parent or legal guardian.
  • The court shall order testing of defendants convicted of, or who have pled guilty to, these enumerated offenses 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 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(1), 960.003.

Georgia^
  • Defendants arrested or convicted 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 person committed the 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^
  • Persons convicted of criminal sexual conduct.
  • Testing is required.
  • Upon conviction.

8 Guam Code Ann. § 120.60.

Hawaii^
  • An adult or juvenile charged or convicted 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 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 who are charged with a sex offense and/or a crime in which bodily fluid has likely been transmitted to another 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.
  • Testing is mandatory for those in a state prison facility.
  • 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 facility, testing occurs again upon the offender's request before release. 
  • 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.

Illinois^
  • For adults, testing shall be performed upon conviction of (i) exploitation of a child, (ii) criminal sexual assault, (iii) aggravated criminal sexual assault, (v) predatory criminal sexual assault of a child, (vi) criminal sexual abuse or (vi) 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 findingn that probable cause exists to believe the individual has committed the conduct, the accused's indictment, 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 or after a hearing at which probable cause has been shown that the defendant committed the prohibited act.
  • For convicted offenders, following conviction.
  • For those those accused or charged, upon the court’s order following a successful probable cause hearing, the accused’s indictment or the victim’s request.

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

Indiana^
  • Defendants 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, rape, criminal deviate conduct, child molesting, child seduction, prostitution, patronizing a prostitute, incest and sexual misconduct with a minor, and includes an attempt to commit an offense, if sexual intercourse of other sexual conduct occured.
    • An “offense involving the transmission of bodily fluid” means any offense in which a bodily fluid is transmitted from the defendant to the victim during the offense.
  • If an indictment or information charges 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 may request testing but it is in the court’s discretion.
  • 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.
  • 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 §§ 16-41-8-5, 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 or an “alleged offender” to be deemed a “significant exposure.”
    • “Sexual abuse” means any sex act between persons when: (1) 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.
    • “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, 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.7, 141A.9, 709.1, 915.40, 915.42 and 915.43.

Kansas^
  • A person 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 person convicted of a crime 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 amd the vulva or the mouth and the anus. For purpoes of this definition contact involving the penis occurs upon penetration, however slight. 
  • Applies to both adult and juvenile offenders.
  • For those arrested and charged, testing is required at the request of the victim 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 also required if the victim or parent/ guardian/custodian 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 or hepatitis B infection is negative , the court shall order the adjudicated person to submit to another test for HIV or hepatits B infection six months after the first test was administered. 

Kan. Stat. Ann. §§ 38-2317, 65-6001, 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 charged defendants, the judge must inform the defendant of the availability of testing at the initial court appearance.
  • For convicted offenders, testing occurs upon sentencing.

Ky. Rev. Stat. Ann. §§ 438.250, 510.320, 635.110.

Louisiana^
  • A person who has been charged with or convicted of a “sexual offense as defined in La. Rev. Stat. § 14:42-43.3” which includes aggravated rape, forcible rape, simple rape, sexual battery, second degree sexual battery and oral sexual battery.
  • 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. §§ 14:42.1-43.3, 15:535; La. Code Crim. Proc. art. 499.

Maine^
  • Offenders convicted of crimes involving a “sexual crime.”
    • “Sexual crime” means:
      • (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.
    • 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 that person is a minor or incapacitated adult.
  • A victim of a sexual crime (or the victim’s parent, guardian or authorized representative if that person 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 who is
    • charged with (within 1 year of the occurrence of the prohibited exposure);
    • convicted of;
    • on probation in a case involving; or
    • a child respondent found to have committed, a delinquent act that includes a “prohibited exposure,” to give a blood sample to be tested for the presence of HIV.
  • A “prohibited exposure” means a crime or delinquent act that may have caused or results 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. 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.
  •  “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.
  • For those charged, upon the victim’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 and the accused may appear 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 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. COMAR 10.52.10.02 – 10.52.10.07.

Massachusetts^
  • Please see "Anything else I should know?" for more information.

N/A

N/A

Mass. Gen. Laws ch. 111 §§ 70-E, 70-F; ch. 127 § 16.

Michigan^
  • Individuals charged with criminal sexual conduct and assault with intent to commit criminal sexual misconduct
    • “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 defendant being “bound over” to court upon finding of probable cause to proceed and upon conviction.

Mich. Comp. Laws §§ 333.5129, 750.520b-.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
    • If 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.
  • After sentencing.

Minn. Stat. Ann. §§ 611A.19, 144.7414

Mississippi^
  • Any person who is convicted of a “sex offense” on or after July 1, 1994 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 on or after July 1, 1994, 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, shall be tested for HIV and AIDS.
  • “Sex offense” includes 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; the attempt to commit any of the above offenses; procuring sexual servitude of a minor; 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.
  • Available upon victim’s request if victim is a child.
  • If victim is a child, 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 accused of any sexual offense, which includes sexual intercourse or deviate sexual intercourse as an element of the crime or cases in which the court, for good cause shown, orders the defendant to be tested for HIV once the charge is filed.
    • “Sexual intercourse” means any penetration, however slight, of the female sex organ by the male sex organ, whether or not an emission results.
    • “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 male or female sex organ 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 convicted 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; required upon conviction prior to incarceration.
  • Prior to incarceration and before release or discharge from the Department of Corrections.

Mo. Rev. Stat. Ann. §§ 191.226; 191.656, 191.659; 191.663; 566.010; 566.135.

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 incest, sexual abuse, sexual assault, or sexual intercourse without consent.
  • “Convicted” includes a juvenile adjudicated delinquent or in need of intervention.
  • Available at the request of the victim.
  • 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 second or third degree, sexual assault of a child in the first 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. 
  • Available at the request of the victim.
  • After conviction (filing notice of appeal does not stay the testing requirement).

Neb. Rev. Stat. Ann. § 29-2290.

Nevada^
  • If the alleged victim or a witness to a crime alleges that the crime involved sexual penetration of the victim’s body.
    • “Sexual penetration” means cunnilingus, fellatio, or any intrusion, however slight, of any part of a person’s body or any object manipulated or inserted by a person into the genital or anal openings of the body of another, including sexual intercourse in its ordinary meaning.
  • Required.
  • As soon as practicable after the arrest of the person alleged to have committed the crime, but not later than 48 hours after the person is charged with the crime by indictment or information or, if the person alleged to have committed the crime is a juvenille, not later than 48 hours after the petition is filed with the juvenile court alleging that the child is delinquent for committing such an act.

Nev. Rev. Stat. Ann. § 441A.320.

New Hampshire^
  • Individuals convicted of sexual assault and related offenses.
  • Required.
  • 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 formall charged with sexual assault or aggravated sexual assault. 
  • Available upon request of the victim.
  • Court shall order a person convicted, indicted, formally charged, charged with delinquency, or adjudicated delinquent to be tested.
  • Court order shall require testing to be performed as soon as practicable.

N.J. Stat. Ann. §§ 2A:4A-43.1; 2A:4A-43.4; 2C:14-2; 2C:43-2.2; 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.
  • Also, for persons convicted of a crime, where 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 and, 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,

  • upon a finding of good cause.
  • If the offender or alleged offender consents, 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 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-6; 24-2B-8.

New York^
  • Persons convicted of, or upon an indictment or where 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 or within 6 months of the date of the crime charged for good cause shown, or prior to or within 10 days of the day 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 or before a sentence is imposed, 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; NY Family Court Act § 347.1.

North Carolina^
  • Persons accused of 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.
  • 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); North Carolina’s epidemiology website.

North Dakota^
  • Persons charged with or convicted of a sex offense (including sexual assault, sexual abuse, sexual exploitation, statutory rape, incest and related sexual offenses). A person charged with or convicted of indecent exposure does not trigger testing. 
  • Available upon petition of the victim, or the prosecuting attorney at the request of victim, or upon court order where a person is charged with a sex offense. Testing is required for convicted sex offenders.
  • 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 sexual offense.

N.D. Cent. Code Ann. §§ 23-07.7-01 (West); 23-07.7-02; 23-07-07.5 (West)

Ohio^
  • Any person accused of rape, sexual battery, unlawful sexual conduct with a minor, gross sexual imposition, solicitation, loitering to engage in or engaging in sexual solicitation after a positive HIV test, engaging in prostitution after a positive HIV test, or, knowing he or she has tested positive as a carrier of HIV and knowingly engaging in sexual conduct with a person whom the offender knows or has reasonable cause to believe lacks the mental capacity to appreciate the significance of the positive test, a person under 18 years of age who is not the carrier’s spouse, or any other person without disclosing the knowledge of the positive diagnosis prior to sexual conduct.
  • Any person accused of a violation of a substantially equivalent municipal ordinance.
  • Any person accused of 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 accused of any crime not listed above if the circumstances of the violation indicate probable cause to believe that the accused, if the accused is infected with HIV, might have transmitted the virus.
  • 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 shall 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.

Oklahoma^
  • Individuals 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 (such person may be detained until the results of the examination are known).
  • After arrest by lawful warrant.

Okla. Stat. Ann. tit. 63, §§ 1-502.2, 1-524.1, 1-525.

Oregon^
  • Persons charged with or convicted of 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.
  • 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 to submit to a test. The court shall 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, 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 is required to take the test.
  • When charged or upon conviction if not earlier tested.

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.
  • Available upon request of the victim.
  • No later than 48 hours after filing of the bill of information or criminal information 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. 
  • In addition follow-up HIV-related testing for the defendant shall be provided as medically appropriate. 

35 Pa. Cons. Stat. Ann. §§ 7605, 7620.301, 7620.302, 7620.304, 7620.305. 

Puerto Rico^
  • Individuals 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.
  • Available (the judge may order test).
  • Upon conviction.

P.R. Laws Ann. tit. 24, §§ 576, 578, and 3049.

Rhode Island^
  • Anyone 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, but emission of semen is not required), whether of 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.

R.I. Gen. Laws §§ 11-37-1, 11-37-17, R.I. Gen. Laws Ann. § 23-6.3-3 (West)

South Carolina^
  • Any person charged with a criminal offense which 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 (or the victim’s legal guardian), 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^
  • Any person accused of rape, sexual assault, felony sexual contact (statutory rape), felony child abuse sexual contact without consent, sexual exploitation of a minor, or simple assault, where the facts show a possibility of exchange of body fluids.
  • Available upon court order at the request of the victim or a law enforcement officer.
  • 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, statutory rape, rape of a child, aggravated rape of a child, statutory rape by an authority figure, or aggravated assault.
  • For aggravated assault, 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. §§ 39-13-112 & 39-13-521.

Texas^
  • Any person accused of sexual abuse of or indecency with a young child or children, sexual assault, aggravated sexual assault, or an imprisoned person who, with the intent to harass, assault or alarm, causes another to make contact with certain body fluids.
  • In most cases, “sexual assault” 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, 22.011, 21.02, 21.11, 22.021, 22.11; and Tex. Code Crim.Proc. Ann. art. 21.31, 56.01, 56.02, 56.021, 56.06, 56.07.

Utah^
  • Any person, including a juvenile, who has been accused of a sexual offense or attempted sexual offense including sexual assault, sexual abuse, rape, or sexual abuse of a child.
  • “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 simply 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 vulnerable adult (an elderly adult or adult with mental or physical impairment as defined in §62A-3-301) victim. 
  • If the alleged victim requests that the 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. §§ 62A-3-301, 76-5-401 et seq., 76-5-501 to 76-5-504, 77-37-3; and
  • Utah Coalition Against Sexual Assault Survivor Booklet - http://www.ucasa.org/survivor%20booklet.pdf
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 a sexual act; and
    • which 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.
  • Upon conviction or adjudication.
  • 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 acquired immune deficiency syndrome (AIDS) and other sexually-transmitted diseases.
  • Vt. Stat. Ann. tit. 13, §§ 3251, 3256; and
  • http://info.libraries.vermont.gov/supct/current/op2010-399.html
Virgin Islands^
  • Individuals charged or convicted of sexual offenses.
  • 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^
  • A person or juvenile charged with sexual assault, sexual abuse of a child and related sexual offenses with a child; and any assault and battery in which victim was exposed to body fluids of the person arrested.
  • Following arrest, testing is available upon a person’s consent to submit to the test, or, in the absence of such person’s consent, upon a showing of probable cause.
  • Following indictment, arrest by warrant, or service of a petition in the case of a juvenile, testing is available upon the victim’s request.
  • As soon as practicable following arrest or any point following indictment, arrest by warrant, or service of a petition in the case of a juvenile.

Va. Code Ann. §§18.2-61, 18.2-62, 18.2-361,18.2-366, 18.2-370, 18.2-370.1, 32.1-36.1

Washington^
  • Any person convicted of rape (in the first, second, or third degree), rape of a child (in the first, second, or third degree), child molestation (in the first, second, or third degree), sexual misconduct with a minor in the first degree, indecent liberties or custodial sexual misconduct in the first degree.
  • Required upon conviction of a sexual offense.
  • Testing shall be conducted as soon as possible after sentencing.
  • RCWA 9A.44, 70.02.220, 70.24.340; and
  • Matter of Juveniles A, B, C, D, E, 121 Wash.2d 80 (1993).
West Virginia^
  • Individuals convicted of sexual abuse, sexual assault, incest, sexual molestation.
  • Testing is required.
  • Upon being charged; and
  • Upon conviction.
  • W. Va. Code §§ 16-3C-1 through 16-3C-3; 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 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, sexual assault of a child by a school staff person.
  • Testing is available upon the victim's request 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, 968.38;
  • State v. Parr, 513 N.W. 2d 647 (Wis. Ct. App. 1994); and
  • http://www.wcasa.org/file_open.php?id=52
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, within 48 hours after the date on which the information or indictment is presented.
  • Upon conviction, within 48 hours after conviction.

Wyo. Stat. §§ 7-1-109, 35-4-132.




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