Sec. 16-25. Prostitution—Generally.

(a) Any person who commits adultery, fornication, or offers to commit adultery, fornication and thereafter does any substantial act in furtherance thereof, shall be guilty of being a prostitute, or prostitution, which shall be punishable as a Class 1 misdemeanor.

(b) Any person who offers money or its equivalent to another for the purpose of engaging in sexual acts as enumerated above and thereafter does any substantial act in furtherance thereof shall be guilty of solicitation of prostitution and shall be guilty of a Class 1 misdemeanor.

(c) As soon as practicable following conviction of any person for violation of this section, such person shall be required to submit to testing for infection with human immunodeficiency virus. The convicted person shall receive counseling from personnel of the Department of Health concerning (i) the meaning of the test, (ii) acquired immunodeficiency syndrome and (iii) the transmission and prevention of infection with human immunodeficiency virus.

Tests shall be conducted to confirm any initial positive test results before any test result shall be determined to be positive for infection. The results of such test shall be confidential as provided in §32.1-36.1, Code of Virginia, 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, Code of Virginia. The Department shall conduct surveillance and investigation in accordance with the requirements of §32.1-39, Code of Virginia.

The results of the test shall not be admissible in any criminal proceeding related to prostitution.

The cost of the test shall be paid by the County and taxed as part of the cost of such criminal proceedings.