{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-346.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-346.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-346.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-346.1.html"}],"law_id":77563,"edition_id":1,"section_id":77563,"structure_id":14023,"section_number":"18.2-346.1","catch_line":"Testing of convicted prostitutes and injection drug users for sexually transmitted infection","history":"1990, c. 913; 2005, c. 438; 2021, Sp. Sess. I, cc. 188, 465.","full_text":"A\n\nAs soon as practicable following conviction of any person for violation of § 18.2-346, 18.2-346.01, or 18.2-361, any violation of Article 1 (§ 18.2-247 et seq.) or 1.1 (§ 18.2-265.1 et seq.) of Chapter 7 involving the possession, sale, or use of a controlled substance in a form amenable to intravenous use, or the possession, sale, or use of hypodermic syringes, needles, or other objects designed or intended for use in parenterally injecting controlled substances into the human body, such person shall be provided the option to submit to testing for a sexually transmitted infection. The convicted person shall receive counseling from personnel of the Department of Health concerning (i) the meaning of the test, (ii) sexually transmitted infections, and (iii) the transmission and prevention of sexually transmitted infections.B\n\nAny tests performed pursuant to this section shall be consistent with current Centers for Disease Control and Prevention recommendations. The results of such test for a sexually transmitted infection shall be confidential as provided in § 32.1-36.1 and shall be disclosed to the person who is the subject of the test and to the Department of Health as required by § 32.1-36. The Department shall conduct surveillance and investigation in accordance with the requirements of § 32.1-39.C\n\nUpon receiving a report of a positive test for hepatitis C, the State Health Commissioner may share protected health information relating to such positive test with relevant sheriffs’ offices, the state police, local police departments, adult or youth correctional facilities, salaried or volunteer firefighters, paramedics or emergency medical technicians, officers of the court, and regional or local jails (i) to the extent necessary to advise exposed individuals of the risk of infection and to enable exposed individuals to seek appropriate testing and treatment and (ii) as may be needed to prevent and control disease and is deemed necessary to prevent serious harm and serious threats to the health and safety of individuals and the public.\n\t\t\tThe disclosed protected health information shall be held confidential; no person to whom such information is disclosed shall redisclose or otherwise reveal the protected health information without first obtaining the specific authorization from the individual who was the subject of the test for such redisclosure.\n\t\t\tSuch protected health information shall only be used to protect the health and safety of individuals and the public in conformance with the regulations concerning patient privacy promulgated by the federal Department of Health and Human Services, as such regulations may be amended.D\n\nThe results of the tests shall not be admissible in any criminal proceeding.\n\t\t\tThe cost of the tests shall be paid by the Commonwealth and taxed as part of the cost of such criminal proceedings.","order_by":null,"text":{"0":{"id":278254,"text":"As soon as practicable following conviction of any person for violation of § 18.2-346, 18.2-346.01, or 18.2-361, any violation of Article 1 (§ 18.2-247 et seq.) or 1.1 (§ 18.2-265.1 et seq.) of Chapter 7 involving the possession, sale, or use of a controlled substance in a form amenable to intravenous use, or the possession, sale, or use of hypodermic syringes, needles, or other objects designed or intended for use in parenterally injecting controlled substances into the human body, such person shall be provided the option to submit to testing for a sexually transmitted infection. The convicted person shall receive counseling from personnel of the Department of Health concerning (i) the meaning of the test, (ii) sexually transmitted infections, and (iii) the transmission and prevention of sexually transmitted infections.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":278255,"text":"Any tests performed pursuant to this section shall be consistent with current Centers for Disease Control and Prevention recommendations. The results of such test for a sexually transmitted infection shall be confidential as provided in § 32.1-36.1 and shall be disclosed to the person who is the subject of the test and to the Department of Health as required by § 32.1-36. The Department shall conduct surveillance and investigation in accordance with the requirements of § 32.1-39.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":278256,"text":"Upon receiving a report of a positive test for hepatitis C, the State Health Commissioner may share protected health information relating to such positive test with relevant sheriffs’ offices, the state police, local police departments, adult or youth correctional facilities, salaried or volunteer firefighters, paramedics or emergency medical technicians, officers of the court, and regional or local jails (i) to the extent necessary to advise exposed individuals of the risk of infection and to enable exposed individuals to seek appropriate testing and treatment and (ii) as may be needed to prevent and control disease and is deemed necessary to prevent serious harm and serious threats to the health and safety of individuals and the public.\n\t\t\tThe disclosed protected health information shall be held confidential; no person to whom such information is disclosed shall redisclose or otherwise reveal the protected health information without first obtaining the specific authorization from the individual who was the subject of the test for such redisclosure.\n\t\t\tSuch protected health information shall only be used to protect the health and safety of individuals and the public in conformance with the regulations concerning patient privacy promulgated by the federal Department of Health and Human Services, as such regulations may be amended.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":278257,"text":"The results of the tests shall not be admissible in any criminal proceeding.\n\t\t\tThe cost of the tests shall be paid by the Commonwealth and taxed as part of the cost of such criminal proceedings.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14023,"edition_id":1,"name":"Commercial Sex Trafficking, Prostitution, etc","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":14022,"metadata":{},"date_created":"2026-06-26 03:46:37","date_modified":"2026-06-26 03:46:37","permalink":{"id":167659,"object_type":"structure","relational_id":14023,"identifier":"3","token":"18.2\/8\/3","url":"\/18.2\/8\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14022,"edition_id":1,"name":"Crimes Involving Morals and Decency","identifier":"8","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:46:37","date_modified":"2026-06-26 03:46:37","permalink":{"id":167393,"object_type":"structure","relational_id":14022,"identifier":"8","token":"18.2\/8","url":"\/18.2\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":55113,"structure_id":14023,"section_number":"18.2-344","catch_line":"Repealed","url":"\/18.2-344\/","token":"18.2\/8\/3\/18.2-344","metadata":false},{"id":68451,"structure_id":14023,"section_number":"18.2-345","catch_line":"Repealed","url":"\/18.2-345\/","token":"18.2\/8\/3\/18.2-345","metadata":false},{"id":79810,"structure_id":14023,"section_number":"18.2-346","catch_line":"Prostitution; commercial sexual conduct; penalties","url":"\/18.2-346\/","token":"18.2\/8\/3\/18.2-346","metadata":false},{"id":57611,"structure_id":14023,"section_number":"18.2-346.01","catch_line":"Prostitution; solicitation; commercial exploitation of a minor; penalties","url":"\/18.2-346.01\/","token":"18.2\/8\/3\/18.2-346.01","metadata":false},{"id":77563,"structure_id":14023,"section_number":"18.2-346.1","catch_line":"Testing of convicted prostitutes and injection drug users for sexually transmitted infection","url":"\/18.2-346.1\/","token":"18.2\/8\/3\/18.2-346.1","metadata":false},{"id":85705,"structure_id":14023,"section_number":"18.2-347","catch_line":"Keeping, residing in, or frequenting a bawdy place; \"bawdy place\" defined; penalty","url":"\/18.2-347\/","token":"18.2\/8\/3\/18.2-347","metadata":false},{"id":83161,"structure_id":14023,"section_number":"18.2-348","catch_line":"Aiding prostitution or illicit sexual intercourse, etc.; penalty","url":"\/18.2-348\/","token":"18.2\/8\/3\/18.2-348","metadata":false},{"id":85373,"structure_id":14023,"section_number":"18.2-348.1","catch_line":"Promoting travel for prostitution; penalty","url":"\/18.2-348.1\/","token":"18.2\/8\/3\/18.2-348.1","metadata":false},{"id":85342,"structure_id":14023,"section_number":"18.2-349","catch_line":"Using vehicles to promote prostitution or unlawful sexual intercourse; penalty","url":"\/18.2-349\/","token":"18.2\/8\/3\/18.2-349","metadata":false},{"id":72571,"structure_id":14023,"section_number":"18.2-350","catch_line":"Confinement of convicted prostitutes and persons violating \u00a7\u00a7 18.2-347 through 18.2-349","url":"\/18.2-350\/","token":"18.2\/8\/3\/18.2-350","metadata":false},{"id":62371,"structure_id":14023,"section_number":"18.2-351","catch_line":"Repealed","url":"\/18.2-351\/","token":"18.2\/8\/3\/18.2-351","metadata":false},{"id":57027,"structure_id":14023,"section_number":"18.2-354","catch_line":"Reserved","url":"\/18.2-354\/","token":"18.2\/8\/3\/18.2-354","metadata":false},{"id":57212,"structure_id":14023,"section_number":"18.2-355","catch_line":"Taking, detaining, etc., person for prostitution, etc., or consenting thereto; human trafficking","url":"\/18.2-355\/","token":"18.2\/8\/3\/18.2-355","metadata":false},{"id":59657,"structure_id":14023,"section_number":"18.2-356","catch_line":"Receiving money for procuring person; penalties","url":"\/18.2-356\/","token":"18.2\/8\/3\/18.2-356","metadata":false},{"id":81938,"structure_id":14023,"section_number":"18.2-356.1","catch_line":"Purchasing or selling of minors; exceptions; penalties","url":"\/18.2-356.1\/","token":"18.2\/8\/3\/18.2-356.1","metadata":false},{"id":62200,"structure_id":14023,"section_number":"18.2-357","catch_line":"Receiving money from earnings of male or female prostitute; penalties","url":"\/18.2-357\/","token":"18.2\/8\/3\/18.2-357","metadata":false},{"id":76497,"structure_id":14023,"section_number":"18.2-357.1","catch_line":"Commercial sex trafficking; penalties","url":"\/18.2-357.1\/","token":"18.2\/8\/3\/18.2-357.1","metadata":false},{"id":59589,"structure_id":14023,"section_number":"18.2-358","catch_line":"Repealed","url":"\/18.2-358\/","token":"18.2\/8\/3\/18.2-358","metadata":false},{"id":71784,"structure_id":14023,"section_number":"18.2-359","catch_line":"Venue for criminal sexual assault or where any person transported for criminal sexual assault, attempted criminal sexual assault, or purposes of unlawful sexual intercourse, crimes against nature, and indecent liberties with children; venue for such crimes when coupled with a violent felony","url":"\/18.2-359\/","token":"18.2\/8\/3\/18.2-359","metadata":false},{"id":61388,"structure_id":14023,"section_number":"18.2-360","catch_line":"Competency of persons to testify in prosecutions under \u00a7\u00a7 18.2-355 through 18.2-361","url":"\/18.2-360\/","token":"18.2\/8\/3\/18.2-360","metadata":false},{"id":55287,"structure_id":14023,"section_number":"18.2-361","catch_line":"Crimes against nature; penalty","url":"\/18.2-361\/","token":"18.2\/8\/3\/18.2-361","metadata":false},{"id":68045,"structure_id":14023,"section_number":"18.2-361.01","catch_line":"Sexual abuse of animals; penalties","url":"\/18.2-361.01\/","token":"18.2\/8\/3\/18.2-361.01","metadata":false},{"id":71996,"structure_id":14023,"section_number":"18.2-361.1","catch_line":"Victims of sex trafficking; affirmative defense","url":"\/18.2-361.1\/","token":"18.2\/8\/3\/18.2-361.1","metadata":false}],"previous_section":{"id":57611,"structure_id":14023,"section_number":"18.2-346.01","catch_line":"Prostitution; solicitation; commercial exploitation of a minor; penalties","url":"\/18.2-346.01\/","token":"18.2\/8\/3\/18.2-346.01","metadata":false},"next_section":{"id":85705,"structure_id":14023,"section_number":"18.2-347","catch_line":"Keeping, residing in, or frequenting a bawdy place; \"bawdy place\" defined; penalty","url":"\/18.2-347\/","token":"18.2\/8\/3\/18.2-347","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-346.1\/","history_text":"

This law was first created in 1990. The record of its establishment is cataloged in chapter 913 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1990 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2005, chapter 438<\/a>.<\/p>","references":false,"refers_to":[{"id":84070,"section_number":"18.2-247","catch_line":"Use of terms \"controlled substances,\" \"marijuana,\" \"Schedules I, II, III, IV, V, and VI,\" \"imitation controlled substance,\" and \"counterfeit controlled substance\" in Title 18.2","order_by":null,"url":"\/18.2-247\/"},{"id":54839,"section_number":"18.2-265.1","catch_line":"Definition","order_by":null,"url":"\/18.2-265.1\/"},{"id":79810,"section_number":"18.2-346","catch_line":"Prostitution; commercial sexual conduct; penalties","order_by":null,"url":"\/18.2-346\/"},{"id":57611,"section_number":"18.2-346.01","catch_line":"Prostitution; solicitation; commercial exploitation of a minor; penalties","order_by":null,"url":"\/18.2-346.01\/"},{"id":55287,"section_number":"18.2-361","catch_line":"Crimes against nature; penalty","order_by":null,"url":"\/18.2-361\/"},{"id":60320,"section_number":"32.1-36","catch_line":"Reports by physicians and laboratory directors","order_by":null,"url":"\/32.1-36\/"},{"id":54576,"section_number":"32.1-36.1","catch_line":"Confidentiality of test for human immunodeficiency virus; civil penalty; individual action for damages or penalty","order_by":null,"url":"\/32.1-36.1\/"}],"permalink":{"id":167677,"object_type":"law","relational_id":77563,"identifier":"18.2-346.1","token":"18.2\/8\/3\/18.2-346.1","url":"\/18.2-346.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-346.1\/","token":"18.2\/8\/3\/18.2-346.1","dublin_core":{"Title":"Testing of convicted prostitutes and injection drug users for sexually transmitted infection","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-346.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As soon as practicable following conviction<\/span> of any person for violation of § 18.2-346<\/a>, 18.2-346.01<\/a>, or 18.2-361<\/a>, any violation of Article 1 (§ 18.2-247<\/a> et seq.) or 1.1 (§ 18.2-265.1<\/a> et seq.) of Chapter 7 involving the possession<\/span>, sale, or use of a controlled substance in a form amenable to intravenous use, or the possession<\/span>, sale, or use of hypodermic syringes, needles, or other objects<\/span> designed or intended for use in parenterally injecting controlled substances into the human body, such person shall be provided the option to submit to testing for a sexually transmitted infection. The convicted person shall receive counseling from personnel of the Department of Health concerning (i) the meaning of the test, (ii) sexually transmitted infections, and (iii) the transmission and prevention of sexually transmitted infections. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any tests performed pursuant to this section shall be consistent with current Centers for Disease Control and Prevention recommendations. The results of such test for a sexually transmitted infection shall be confidential as provided in § 32.1-36.1<\/a> and shall be disclosed to the person who is the subject of the test and to the Department of Health as required by § 32.1-36<\/a>. The Department shall conduct surveillance and investigation in accordance with the requirements of § 32.1-39<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon receiving a report of a positive test for hepatitis C, the State Health Commissioner may share protected health information relating to such positive test with relevant sheriffs’ offices, the state police, local police departments, adult or youth correctional facilities, salaried or volunteer firefighters, paramedics or emergency medical technicians, officers of the court<\/span>, and regional or local jails (i) to the extent necessary to advise exposed individuals of the risk of infection and to enable exposed individuals to seek appropriate testing and treatment and (ii) as may be needed to prevent and control disease and is deemed necessary to prevent serious harm and serious threats to the health and safety of individuals and the public.\n\t\t\tThe disclosed protected health information shall be held confidential; no person to whom such information is disclosed shall redisclose or otherwise reveal the protected health information without first obtaining the specific authorization from the individual who was the subject of the test for such redisclosure.\n\t\t\tSuch protected health information shall only be used to protect the health and safety of individuals and the public in conformance with the regulations concerning patient privacy promulgated by the federal Department of Health and Human Services, as such regulations may be amended. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The results of the tests shall not be admissible<\/span> in any criminal proceeding.\n\t\t\tThe cost of the tests shall be paid by the Commonwealth and taxed as part of the cost of such criminal proceedings. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTESTING OF CONVICTED PROSTITUTES AND INJECTION DRUG USERS FOR SEXUALLY\nTRANSMITTED INFECTION (\u00a7 18.2-346.1)\n\nA. As soon as practicable following conviction of any person for violation of\n§ 18.2-346, 18.2-346.01, or 18.2-361, any violation of Article 1 (§\n18.2-247 et seq.) or 1.1 (§ 18.2-265.1 et seq.) of Chapter 7 involving the\npossession, sale, or use of a controlled substance in a form amenable to\nintravenous use, or the possession, sale, or use of hypodermic syringes,\nneedles, or other objects designed or intended for use in parenterally injecting\ncontrolled substances into the human body, such person shall be provided the\noption to submit to testing for a sexually transmitted infection. The convicted\nperson shall receive counseling from personnel of the Department of Health\nconcerning (i) the meaning of the test, (ii) sexually transmitted infections,\nand (iii) the transmission and prevention of sexually transmitted infections.\n\nB. Any tests performed pursuant to this section shall be consistent with current\nCenters for Disease Control and Prevention recommendations. The results of such\ntest for a sexually transmitted infection shall be confidential as provided in\n§ 32.1-36.1 and shall be disclosed to the person who is the subject of the\ntest and to the Department of Health as required by § 32.1-36. The\nDepartment shall conduct surveillance and investigation in accordance with the\nrequirements of § 32.1-39.\n\nC. Upon receiving a report of a positive test for hepatitis C, the State Health\nCommissioner may share protected health information relating to such positive\ntest with relevant sheriffs’ offices, the state police, local police\ndepartments, adult or youth correctional facilities, salaried or volunteer\nfirefighters, paramedics or emergency medical technicians, officers of the\ncourt, and regional or local jails (i) to the extent necessary to advise exposed\nindividuals of the risk of infection and to enable exposed individuals to seek\nappropriate testing and treatment and (ii) as may be needed to prevent and\ncontrol disease and is deemed necessary to prevent serious harm and serious\nthreats to the health and safety of individuals and the public.\n\t\t\tThe disclosed protected health information shall be held confidential; no\nperson to whom such information is disclosed shall redisclose or otherwise\nreveal the protected health information without first obtaining the specific\nauthorization from the individual who was the subject of the test for such\nredisclosure.\n\t\t\tSuch protected health information shall only be used to protect the health\nand safety of individuals and the public in conformance with the regulations\nconcerning patient privacy promulgated by the federal Department of Health and\nHuman Services, as such regulations may be amended.\n\nD. The results of the tests shall not be admissible in any criminal proceeding.\n\t\t\tThe cost of the tests shall be paid by the Commonwealth and taxed as part of\nthe cost of such criminal proceedings.\n\nHISTORY: 1990, c. 913; 2005, c. 438; 2021, Sp. Sess. I, cc. 188, 465.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}