529.090 Person convicted required to submit to screening for HIV infection --
373 words·~2 min read·
/ky/529-090A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Prostitution or procuring prostitution with knowledge of sexually transmitted
disease or HIV.
(1)Any person convicted of prostitution or procuring another to commit prostitution
under the provisions of KRS 529.020 shall be required to undergo screening for
human immunodeficiency virus infection under direction of the Cabinet for Health
and Family Services and, if infected, shall submit to treatment and counseling as a
condition of release from probation, community control, or incarceration.
Notwithstanding the provisions of KRS 214.420, the results of any test conducted
pursuant to this subsection shall be made available by the Cabinet for Health and
Family Services to medical personnel, appropriate state agencies, or courts of
appropriate jurisdiction to enforce the provisions of this chapter.
(2)Any person who commits prostitution and who, prior to the commission of the
crime, had tested positive for a sexually transmitted disease and knew or had been
informed that he had tested positive for a sexually transmitted disease pursuant to
KRS 214.410 and that he could possibly communicate such disease to another
person through sexual activity is guilty of a Class A misdemeanor. A person may be
convicted and sentenced separately for a violation of this subsection and for the
underlying crime of prostitution.
(3)Any person who commits, offers, or agrees to commit prostitution by engaging in
sexual activity in a manner likely to transmit the human immunodeficiency virus
and who, prior to the commission of the crime, had tested positive for human
immunodeficiency virus and knew or had been informed that he had tested positive
for human immunodeficiency virus and that he could possibly communicate the
disease to another person through sexual activity is guilty of a Class D felony. A
person may be convicted and sentenced separately for a violation of this subsection
and for the underlying crime of prostitution.
(4)Any person convicted of procuring another to commit prostitution in a manner
likely to transmit the human immunodeficiency virus and who, prior to the
commission of the crime, had tested positive for human immunodeficiency virus
and knew or had been informed that he had tested positive for human
immunodeficiency virus and that he could possibly communicate the disease to
another person through sexual activity is guilty of a Class D felony.