AGO Opinion Topics: HIV TESTING JUVENILES ADJUDGED HAVE COMMITTED SEXUAL OFFENSES

RCW 70.24.340 provides for mandatory HIV testing and counseling for persons convicted of a sexual offense under chapter 9A.44 RCW.  A juvenile is not convicted of a sexual offense under chapter 9A.44 RCW.  Rather, a juvenile is adjudge to have committed an offense under the Juvenile Justice Act, RCW 13.40.0357 (Schedule A).  Therefore, the testing and counseling requirement in RCW 70.24.340 does not apply to juveniles adjudged to have committed sexual offenses pursuant to the Juvenile Justice Act.