Prohibited Consensual Sexual Activity laws
Information on the law about Prohibited Consensual Sexual Activity
The laws covered by this chapter concern state legislation intended to control the private sexual practices of citizens. A related issue, that of exposure of a sexual partner to AIDS is also covered here, therefore, it covers situations where the sex act is not fully consensual, such as whether the victim of a sexual crime can compel testing of the perpetrator. In any case, knowingly exposing another to the AIDS virus may be a crime whether the sexual activity is a crime or not.
For centuries, public norms in western culture generated virtually no controversy with respect to the laws governing sexual conduct. This does not mean that there was no "illegal" sexual conduct. It only means that there was general disapproval of it, even while such practices were being engaged in on a regular basis by certain segments of society. However, as gay men and women have become more visible and vocal about their orientations and practices, and more demanding that their contact be accepted as "normal" in the "general" conscience of society, the old laws are beginning to be called into question. The boldest challenge to these laws has been a Supreme Court case decided in the mid 1980s in which a person was arrested for violating Georgia's statute prohibiting sodomy. The challenge was based on the principle that consensual sex between two adults was a private matter which the state had no authority to regulate. In that case, the defendant lost, and the Supreme Court held that the state has sufficient interest in preventing sodomy to warrant the enactment of laws banning the behavior.
However, in 2003 the Supreme Court decided a similar case from Texas. In that case, decided by a mere 5–4 majority, the court decided that its earlier decision was in error and declared all laws that prohibit private same-sex sexual conduct to be unconstitutional.
Even though the laws have been overturned as unconstitutional, many states have left them "on the books," either as a hollow protest against the decision of the Court or as a matter of mere legislative inertia. These statutes are still recorded in the following charts for historical purposes only.
An interesting feature about these statutes concerns the terms used in various states. Crime against "nature" is the most commonly (twelve times) used term for sodomy (which is used only seven times), but perusal of the following chart will reveal some states using the terms "buggery," "unnatural" or "perverted sexual practices," "unnatural intercourse," "deviate sexual conduct," and "homosexual acts," to describe prohibited sexual conduct. As an aside, the state of Utah uses the term "the infamous crime against nature" to describe the act in their capital punishment statute where it is considered an aggravating factor making the defendant subject to the death penalty.
This chapter also includes references to statutes in which exposure of another to the AIDS virus has been made a crime. Intentional exposure of another to AIDS is a felony in many states. In addition, many states give the victim of a sexual offense the right to require a convicted perpetrator to submit to a test for AIDS. Mandatory testing has always been controversial and resisted by libertarians, but in criminal cases involving sex offenses, there is less resistance to the idea of forcing people to be tested.
The final area covered in this chapter involves categories of crimes that are used to prohibit various kinds of sexual activity. The statutes listed in the column headed "Other Crimes Relating to Consensual Sexual Acts" range from explicit bans on prostitution, lewd public acts, and indecent exposure, to loitering and disorderly conduct. Although some of the offenses listed, such as loitering, can be applied to activity that is non-sexual in nature, these statutes are frequently used to disrupt or prohibit sexual activity or even to discourage nonmarried couples from living together. These laws illustrate the difficulties which law enforcement officers and officials have in trying to regulate intimate, private behavior. The laws are very general and often vague and may be applied to numerous activities deemed offensive by the person charged with enforcing public order.
Table 12: Prohibited Consensual Sexual Activity
| State | Sodomy: Applicability to: | Sodomy: Penalty | Exposing Another to/Compelled Testing for AIDS/HIV Virus | Other Crimes Relating to Consensual Sex Acts |
| ALABAMA | Unmarried persons | 13A-6-65 (a)(3) Sexual misconduct: Class A misdemeanor (consent is not defense) | 13A-11-9 Loitering: violation 13A-6-68 Indecent exposure: Class A misdemeanor 13A-12-130 Public lewdness: Class C misdemeanor | |
| ALASKA | 18.15.300 upon receipt of a petition by the victim, the court shall order testing if probable cause is found that a crime involving sexual penetration took place |
11.41.460 Indecent exposure: Class B misdemeanor 11.61.110 (a)(7) Disorderly conduct: Class B misdemeanor |
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| ARIZONA | 13-1415 Allows for order for HIV test if defendant charged with sexual offense |
13-1402 Indecent exposure: Class 1 misdemeanor 13-1403 Public sexual indecency: Class 1 misdemeanor 13-1408 Adultery: Class 3 misdemeanor 13-2905 Loitering: Class 3 misdemeanor |
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| ARKANSAS | Same sex or animal | 5-14-122 Sodomy: Class A misdemeanor | 5-14-123 Exposing another person to HIV: Class A felony 16-82-101 Testing for HIV-Sexual offenses: if victim request it is mandatory defendant be tested if convicted of sexual assault |
5-14-111 Public sexual indecency: Class A misdemeanor 5-14-112 Indecent exposure: Class A misdemeanor 5-71-213 Loitering: Class C misdemeanor |
| CALIFORNIA | Both sexes | Pen. §286 Sodomy under 18 years of age or incompetent: misdemeanor | Pen. §1202.1 Testing for HIV required if convicted of sexual offense in §§261, 261.5, 262, 264.1, 266c, 286, 288a or, if probable cause is found of transfer of bodily fluids capable of transferring HIV, §§264.1, 266c, 269, 288, 288.5, or 289 |
Pen. §314 Lewd or obscene conduct; indecent exposure; obscene exhibitions: misdemeanor Pen. §372 Public nuisance: misdemeanor Pen. §647 Disorderly conduct: misdemeanor (found unconstitutional by Kolander v. Lawson 1035.ct.1855, 461 U.S. 352) |
| COLORADO | 18-3-415 Any defendant bound over for trial for any sexual offense involving penetration shall be ordered by court to submit to HIV testing |
18-9-106 Disorderly conduct: Class 1 petty offense 18-7-301 Public indecency: Class 1 petty offense 18-7-302 Indecent exposure: Class 3 misdemeanor 18-9-112 (2) Loitering: Class 1 petty offense |
Table 12: Prohibited Consensual Sexual Activity—Continued
| State | Sodomy: Applicability to: | Sodomy: Penalty | Exposing Another to/Compelled Testing for AIDS/HIV Virus | Other Crimes Relating to Consensual Sex Acts |
| CONNECTICUT | §54-102a A court may order HIV/AIDS testing of a person accused of a crime involving a sexual act |
53a-82 Prostitution: Class A misdemeanor 53a-181 Breach of peace: Class B misdemeanor 53a-181a Public disturbance: infraction 53a-182 Disorderly conduct: Class C misdemeanor 53a-182a Obstructing free passage: Class C misdemeanor 53a-186 Public indecency: Class B misdemeanor |
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| DELAWARE | 10§1077 Upon request by the victim, the court shall order HIV testing of a defendant arrested and charged with an offense in §1076 if this title |
11,§1301 Disorderly conduct: unclassified misdemeanor 11,§764 Indecent exposure in 2nd degree: unclassified misdemeanor 11,§1321 Loitering: violation 11,§1341 Lewdness: Class B misdemeanor |
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| DISTRICT OF COLUMBIA | 22-3902 Upon request of a victim, the court shall order an HIV test from an individual convicted of an offense as defined by §22-3901 |
22-1307 Unlawful assembly, profane and indecent language: not more than a fine of $250 or imprisonment for not more than 90 days, or both; 22-1312 Lewd, indecent, or obscene acts: fine not more than $300, imprisonment not more than 90 days, or both; 22-2701 Inviting for purposes of prostitution: $500 fine and between one and 90 days imprisonment; 22-2701.1 Prostitution, definition; 22-2201 Certain obscene activities: fine not more than $1,000, imprisonment not more than 180 days, or both |
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| FLORIDA | Both sexes | 800.02 Unnatural and lascivious act: misdemeanor of the 2nd degree | 775.0877 Criminal transmission of HIV: felony, 3rd degree; only applies to list of enumerated sexual offenses, only if positive test for HIV and only if defendant commits a 2nd or subsequent offense of enumerated list 384.24 Unlawful for person with sexually transmitted disease to have sexual intercourse with another unless other person told of disease and consents: misdemeanor of 1st degree |
877.03 Breach of peace: misdemeanor of the 2nd degree 800.03 Exposure of sex organs: misdemeanor of the 1st degree 798.02 Lewd and lascivious behavior: misdemeanor 2nd degree 796.07 Prostitution, lewd, indecent act: misdemeanor in 2nd degree |
Table 12: Prohibited Consensual Sexual Activity—Continued
| State | Sodomy: Applicability to: | Sodomy: Penalty | Exposing Another to/Compelled Testing for AIDS/HIV Virus | Other Crimes Relating to Consensual Sex Acts |
| GEORGIA | Both sexes; Note: This section has been held unconstitutional in Powell v. State 270GA327, 510 S.E. 2d 18 | 16-6-2 Sodomy: not less than 1 nor more than 20 years Aggravated sodomy: life or not less than 10 nor more than 20 years | 16-5-60 Reckless conduct by HIV infected person: felony 17-10-15 HIV test required for AIDS-transmitting crimes (sodomy; aggravated sodomy; solicitation of sodomy) |
16-6-8 Public indecency: misdemeanor 16-6-15 Solicitation of sodomy: misdemeanor; if solicited person under 18 years old: felony 16-6-16 Masturbation for hire: misdemeanor 16-11-39 Disorderly conduct: misdemeanor |
| HAWAII | §325-16.5 Upon request of the victim, the court shall order an HIV test of the charged person after a probable cause determination |
707-734 Indecent exposure: petty misdemeanor 712-1217 Open lewdness: petty misdemeanor |
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| IDAHO | Both sexes or with an animal | 18-6605 Crime against nature: felony not less than 5 years | 39-608 Transfer of body fluid which may contain the HIV virus: felony |
18-4104 Participation in, or production or presentation of, obscene live conduct in public place: misdemeanor 18-4105 Public display/exhibit/depiction of offensive sexual material: misdemeanor |
| ILLINOIS |
720 ILCS 5/12-16.2 Criminal transmission of HIV: Class 2 felony 720 ILCS 5/12-18 HIV testing may be requested by victim of sexual assault crime upon preliminary hearing or indictment |
720 ILCS 5/11-9 Public indecency: Class A misdemeanor | ||
| INDIANA | 35-38-1-9.5 HIV testing required if convicted of sex crime or offense related to controlled substances | 35-45-4-1 Public indecency-indecent exposure: Class A misdemeanor | ||
| IOWA | 915.42 Victim may request HIV testing of defendant convicted of sexual assault | 709.9 Indecent exposure: serious misdemeanor | ||
| KANSAS | Same sex or between person or animal | 21-3505 Criminal sodomy: Class B nonperson misdemeanor if person is over 16 yrs. old; If between 14 and 16 yrs. old, Level 3 person felony | 65-6009 In a crime where transmission of fluids may have taken place, the court shall order infectious disease testing of an arrested and charged person, upon: request of the victim or district attorney or if the defendant has indicated to an officer that he/she is infected | 21-3508 Lewd and lascivious behavior: Class B nonperson misdemeanor if in presence of persons 16 and over; Level 9 person felony if in presence of persons under 16 |
Table 12: Prohibited Consensual Sexual Activity—Continued
| State | Sodomy: Applicability to: | Sodomy: Penalty | Exposing Another to/Compelled Testing for AIDS/HIV Virus | Other Crimes Relating to Consensual Sex Acts |
| KENTUCKY | Same sex; Note: This section has been held unconstitutional in Com. v. Wasson 842 S.W. 2d 487 | 510.100 Sodomy in the 4th degree: Class A misdemeanor | 510.320 Upon conviction of sexual activity crime, court shall order HIV testing of defendant | 510.150 Indecent exposure: Class B misdemeanor |
| LOUISIANA | Both sexes or with an animal | 14§89 Crime against nature: fined not more than $2,000, or imprisoned with or without hard labor for not more than 5 years, or both | 14§43.5 Intentional exposure to AIDS virus: fined not more than $6000, imprisoned with or without hard labor for not more than 11 years, or both 15§535 Court shall order HIV test of person convicted of sexual offense | 14§106 Obscenity (indecent exposure): not less than $1,000 nor more than $2,500, or imprisoned with or without hard labor for not less than 6 months not more than 3 years, or both |
| MAINE | 5§19203-F Victim may petition court to order HIV test of convicted sexual offender | 17-A-854 Indecent conduct: Class E crime | ||
| MARYLAND | Health-Gen. §18-601.1 Exposure of other individuals by individual with HIV virus: misdemeanor Crimes & Punish. §11-112 Victim may request HIV testing upon conviction of crime involving a prohibited exposure | Crim. Law §11-107 Indecent exposure: misdemeanor | ||
| MASSACHUSETTS | Both sexes or with a beast | 272§34 Crime against nature: imprisonment for not more than 20 years |
272§16 Open and gross lewdness and lascivious behavior: felony; up to 3 years or by fine of not more than $300; 272§26 Resorting to restaurants or taverns for immoral purposes: fine not more than $500 or imprisonment not more than 1 yr. or both; 272§29 Dissemination or possession of obscene matter: imprisonment not more than 5 years or fine not more than $10,000; 272§35 Unnatural and lascivious acts: felony, fine of not more than $1,000 or imprisonment not more than 5 years; 272§43 Disorderliness in public conveyances; disturbance of travelers: misdemeanor 272§53 Indecent exposure: fine of not more than $200 or imprisonment not more than 6 months, or both |
Table 12: Prohibited Consensual Sexual Activity—Continued
| State | Sodomy: Applicability to: | Sodomy: Penalty | Exposing Another to/Compelled Testing for AIDS/HIV Virus | Other Crimes Relating to Consensual Sex Acts |
| MICHIGAN | Both sexes or with any animal | 750.158 Crime against nature or sodomy: felony; not more than 15 years | 333.5129 If a defendant is bound over on a violation involving sexual penetration or exposure to bodily fluids, the court shall order testing. If a person is arrested and charged with prostitution-related violations, the court may order testing |
750.168 Disorderly conduct: misdemeanor 750.335 Lewd and lascivious cohabitation and gross lewdness: misdemeanor 750.335a Indecent exposure: misdemeanor 750.338 Gross indecency between male persons: felony 750.338a Gross indecency between female persons: felony 750.448 Soliciting and accosting: misdemeanor |
| MINNESOTA | Both sexes | 609.293 Sodomy: misdemeanor; Note: Recognized as unconstitutional in In Re Proposed Petition to Recall Hatch, 628 N.W. 2d 125 | 609.2241 Knowing transfer of communicable disease: if crime involved sexual penetration with another person without having first informed the other person that the person has a communicable disease; if crime involved transfer of blood, sperm ... except for medical research; if crime involved sharing of nonsterile needles; penalty is as provided under attempt, assault, and murder statutes 611A.19 Victim may request HIV test of convicted sexual offender | 617.23 Indecent exposure: misdemeanor |
| MISSISSIPPI | Both sexes or with a beast | 97-29-59 Sodomy; up to 10 yrs. | 99-19-203 Any person convicted of sex offense after 7/1/94 shall be tested for HIV |
97-29-31 Indecent exposure (public): misdemeanor-Fine not exceeding $500 or imprisonment up to 6 months or both 97-35-3 Disorderly conduct: misdemeanor 97-35-11 Indecent exposure (private property): misdemeanor 97-35-15 Disturbance of public peace: misdemeanor |
| MISSOURI |
191.677 Knowingly infected with HIV-prohibited acts, create risk of transmittal: class A or B felony 191.663 Any person convicted of or who pleads guilty to sex offense in Chap. 556 shall be ordered by court to undergo HIV test |
§566.093 Sexual misconduct in 2nd degree: Class B misdemeanor §566.095 Sexual misconduct in 3rd degree: Class C misdemeanor |
Table 12: Prohibited Consensual Sexual Activity—Continued
| State | Sodomy: Applicability to: | Sodomy: Penalty | Exposing Another to/Compelled Testing for AIDS/HIV Virus | Other Crimes Relating to Consensual Sex Acts |
| MONTANA | Both sexes | 45-5-505 Deviate sexual conduct: felony; not more than 10 years or up to $50,000 or both; Note: This statute is held unconstitutional by Gryczan v. State, 942 P.2d 112 |
50-18-112 Exposure of another to sexually transmitted disease: misdemeanor 46-18-256 Any person convicted of sexual offense must be tested for HIV if victim requests |
45-5-504 Indecent exposure: fine not to exceed $500, imprisonment not to exceed 6 months, or both; 45-8-201 Obscenity: fine between $500–1,000, imprisonment not to exceed 6 months, or both |
| NEBRASKA | 29-2290 If victim of sexual assault or sex offense involving penetration requests, the court shall order HIV testing of convicted | 28-806 Public indecency: Class II misdemeanor | ||
| NEVADA | Both sexes | 201.190 Crime against nature: Category D felony Imprisonment 1-4 years (applies only to sodomy in public) |
201.205 Intentional transmission of HIV: Category B felony 441A.320 As soon as practical after a person is arrested for a crime in which the victim alleges involved sexual penetration, the arrestee will be tested for HIV |
201.210 Open or gross lewdness: gross misdemeanor 1st offense; subsequent offense category D felony 201.220 Indecent exposure: gross misdemeanor 1st offense; subsequent offense category D felony 207.030 Engage in lewdness in public/prostitution: misdemeanor |
| NEW HAMPSHIRE | 632-A:10-b Any person convicted of offense under this chapter shall be administered an HIV test | 645:1 Indecent exposure: misdemeanor | ||
| NEW JERSEY | 2C:43-2.2 Upon request of victim, any person convicted of sexual assault or aggravated sexual assault shall be HIV tested |
2C:14-4 Lewdness: misdemeanor 2C:34-4 Public communication of obscenity: crime of 4th degree; not more than 18 months |
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| NEW MEXICO |
30-9-14 Indecent exposure: misdemeanor 30-9-14.1 Indecent dancing: petty misdemeanor 30-9-14.2 Indecent waitering: petty misdemeanor |
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| NEW YORK | Crim. Proc. 390.15 Upon request of victim of felony offense enumerated in any section of Pen. 130, the court must order the convicted person to be tested for HIV |
Pen. 240.20 Disorderly conduct: violation Pen. 240.35 Loitering: violation Pen. 245.00 Public lewdness: Class B misdemeanor Pen. 245.01 Exposure of a person: violation |
Table 12: Prohibited Consensual Sexual Activity—Continued
| State | Sodomy: Applicability to: | Sodomy: Penalty | Exposing Another to/Compelled Testing for AIDS/HIV Virus | Other Crimes Relating to Consensual Sex Acts |
| NORTH CAROLINA | Both sexes or beast | 14-177 Crime against nature: Class I felony | 15A-615 Upon indictment or finding probable cause on an offense involving nonconsensual vaginal, anal, or oral intercourse or intercourse with a child under 12, or under G.S.14-202.1 with a child under 16, a victim may request testing; If the court finds probable cause that a significant risk of transmission exists, the court shall order testing. | 14-190.9 Indecent exposure: Class 2 misdemeanor |
| NORTH DAKOTA | 12.1-20-17 HIV transfer of body fluid: Class A felony (affirmative defense-transferred by consensual sex) 23-07.7-01 If victim petitions court may order defendant charged with sex offense under Chap. 12.1-20 to be HIV tested |
12.1-20-12.1 Indecent exposure: Class A misdemeanor 12.1-31-01 Disorderly conduct: Class B misdemeanor |
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| OHIO | 2907.27 If person charged with violation of division (B) of section 2903.11 or sections 2907.02, .03, .04, .05, .12, .24, .25, or .241, the court shall order the accused to submit to HIV testing upon request of the victim or prosecuting attorney |
2917.11 Disorderly conduct: misdemeanor 2907.09 Public indecency: 4th degree misdemeanor |
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| OKLAHOMA | Both sexes or a beast | 21§886 Crime against nature: felony; 10 years | 21§1192.1 Knowingly engaging in conduct reasonably likely to transfer HIV virus: felony; not more than 5 years |
21§22 Public indecency: misdemeanor 21§1021 Indecent exposure: felony; not more than 10 years and up to $20,000 fine 21§1029 Prostitution, lewdness, or assignation: misdemeanor |
| OREGON | 135.139 Upon request of victim of crime involving transmission of bodily fluids, court shall order HIV testing of convicted offender or person charged with such offense after a probable cause determination by the court | 163.465 Public indecency: Class A misdemeanor | ||
| PENNSYLVANIA | 35 P.S. 521.11a Upon request of the victim, a test shall be conducted if defendant is convicted of §§3121-3123, 3128, 4302, or 6301 |
18§5503 Disorderly conduct: summary offense 18§3127 Indecent exposure: misdemeanor 2nd degree 18§5901 Open lewdness: misdemeanor 3rd degree |
Table 12: Prohibited Consensual Sexual Activity—Continued
| State | Sodomy: Applicability to: | Sodomy: Penalty | Exposing Another to/Compelled Testing for AIDS/HIV Virus | Other Crimes Relating to Consensual Sex Acts |
| RHODE ISLAND | Both sexes | 11-10-1 Sodomy with beast: felony; not more than 20 nor less than 7 years |
23-11-1 Exposing another person to sexually transmitted diseases: misdemeanor; fined $100 or imprisoned not more than 3 months; 11-34-10 Person convicted of any provision of this chapter shall be tested for HIV; 21-28-4.20 Any person convicted of possession of a hypodermic needle associated with intravenous drug use shall take an HIV test 11-37-17 Upon request of the victim, any person convicted of committing a sexual offense involving sexual penetration shall be tested for STDs, including HIV/AIDS |
11-45-1 Disorderly conduct: imprisonment for not more than 6 months or fine not more than $500, or both; 11-34-8 Loitering for indecent purposes: misdemeanor 11-34-8.1 Soliciting from motor vehicles for indecent purposes: misdemeanor |
| SOUTH CAROLINA | Both sexes or beast | 16-15-120 Buggery or sodomy: felony; 5 years or fine not less than $500 or both |
44-29-145 Knowingly exposing others to AIDS virus: felony; not more than 10 years or fined not more than $5,000; 16-3-740 Court shall order HIV testing of offender if victim requests and there is probable cause that the offender committed the offense and that bodily fluids were transmitted |
16-15-90 Lewdness: misdemeanor 16-15-130 Indecent exposure: misdemeanor 16-15-365 Exposure of private parts: misdemeanor |
| SOUTH DAKOTA |
23A-35B-3 Victim or law enforcement officer where exchange of body fluids has occurred may petition court to order HIV testing of defendant; 22-18-31 Intentional exposure to HIV infection, class 3 felony |
22-24-1.2 Indecent exposure: Class 1 misdemeanor |
Table 12: Prohibited Consensual Sexual Activity—Continued
| State | Sodomy: Applicability to: | Sodomy: Penalty | Exposing Another to/Compelled Testing for AIDS/HIV Virus | Other Crimes Relating to Consensual Sex Acts |
| TENNESSEE | Same sex | (Former statute ruled unconstitutional in 1996) |
68-10-107 Exposure of others by infected person: Class C misdemeanor (sexually transmitted disease); 39-13-521 When a person is initially arrested for allegedly violating §§39-13-502, 39-13-503, 39-13-506, 39-13-522, that person shall undergo HIV testing immediately; 39-13-516 Aggravated prostitution. Committing prostitution with knowledge that such person is infected with HIV/AIDS, class C felony |
39-13-511 Indecent exposure: Class B misdemeanor; 39-13-512, 39-13-514, Prostitution and promoting prostitution, class B misdemeanor; 39-13-515 Promoting prostitution, class E felony |
| TEXAS | Same sex | Pen. 21.06 Homosexual conduct: Class C misdemeanor; Note: found unconstitutional by Laurence v. Texas 1235 ct.2472, 539 U.S. 558 156 L.Ed 2d508 | Crim. Proc. §21.31 Upon indictment for felony sex offense or upon request of victim of alleged sex offense, court may order HIV testing of offender |
Pen. 21.07 Public lewdness: Class A misdemeanor Pen. 21.08 Indecent exposure: Class B misdemeanor Pen. 42.01 Disorderly conduct: Class C misdemeanor |
| UTAH | Both sexes | 76-5-403 Sodomy: Class B misdemeanor | 76-5-502 At victim's request, person convicted of sex offense or attempted sex offense must be HIV tested |
76-9-102 Disorderly conduct: Class C misdemeanor if offense continues after a request to desist, otherwise it is an infraction; 76-9-702 Lewdness: Class B misdemeanor |
| VERMONT |
18§1096 A person diagnosed and reported as being infected must submit to regular testing and treatment; 72§3256 Upon conviction of a criminal offense involving a sexual act with risk of transmission and request of the victim, the court shall order a test for AIDS and other STDs |
13§2601 Lewd and lascivious conduct: felony; not more than 5 years or fined more than $300, or both; 13§2632 Not engage or occupy a building for purpose of prostitution, lewdness, or assignation: fine not more than $100, or imprisonment for not more than 1 year. |
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| VIRGINIA | Both sexes or any brute animal | 18.2-361 Crime against nature: Class 6 felony | 18.2-62 Testing for HIV may be requested following arrest for crime involving sexual assault or §§18.2-361, 18.2-366, 18.2-370, and 18.2-370.1 |
18.2-345 Lewd and lascivious cohabitation: Class 3 misdemeanor 18.2-387 Indecent exposure: Class 1 misdemeanor |
Table 12: Prohibited Consensual Sexual Activity—Continued
| State | Sodomy: Applicability to: | Sodomy: Penalty | Exposing Another to/Compelled Testing for AIDS/HIV Virus | Other Crimes Relating to Consensual Sex Acts |
| WASHINGTON | 70.24.340 All persons convicted of sexual offense under 9A.44, offenses relating to prostitution under 9A.88 or drug offenses using hypodermic needles under 69.50 shall be HIV tested as soon as possible after sentencing | 9A.88.010 Indecent exposure: misdemeanor | ||
| WEST VIRGINIA | 16-3C-2 Upon conviction of sexual offense, HIV testing of convicted mandatorily ordered by the court |
61-8-4 Lewd and lascivious cohabitation or conduct: misdemeanor 61-8-9 Indecent exposure: misdemeanor |
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| WISCONSIN | 968.38 In a criminal action for sex assault, the district attorney or victim may request the court order the defendant to be HIV tested |
944.17 Sexual gratification: Class A misdemeanor 944.20 Lewd and lascivious behavior: Class A misdemeanor 947.01 Disorderly conduct: Class B misdemeanor 947.02 Vagrancy: Class C misdemeanor |
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| WYOMING | 6-4-201 Public indecency: misdemeanor |
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