Arizona court upholds HIV testing of juvenile convicted of sex offense. Clearinghouse, AIDS Newsletter Database, P.O. Box 6003, Rockville, MD 20849-6003. 800-458-5231 ext. 5714.

Important note: Information in this article was accurate in 1996. The state of the art may have changed since the publication date.

Arizona court upholds HIV testing of juvenile convicted of sex offense. Clearinghouse, AIDS Newsletter Database, P.O. Box 6003, Rockville, MD 20849-6003. 800-458-5231 ext. 5714.

AIDS Policy Law. 1996 Sep 6;11(16):1, 10. Unique Identifier : AIDSLINE AIDS/96701862

Abstract: An Arizona State Appeals Court ruled that a State law forcing juvenile sex offenders to submit to HIV-antibody testing does not violate Fourth Amendment protection. The State's interest in helping victims to learn the HIV status of their attacker outweighs the attacker's privacy interests. However, only the victim or his or her parents can request the test; judges and prosecutors do not have the authority. This ruling overturns a decision made by a Maricopa County Superior Court judge stating that involuntary HIV-antibody testing was an unreasonable search and could not be permitted under the Fourth Amendment. Defense lawyers assert that the law is too broad because it includes situations which could not transmit HIV.

Keywords: AIDS Serodiagnosis/*LEGISLATION & JURISPRUD Adolescence Arizona Child Criminal Law Female Human Male Privacy/LEGISLATION & JURISPRUD *Sex Offenses NEWSLETTER ARTICLE
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