Delaware Code

11 Del. C. § 3911 (2026)

Human immunodeficiency virus (HIV) testing at the request of the victim

✓ current as of May 2026

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At the request of the victim and/or by order of the court, a defendant who has been arrested for a crime which has sexual intercourse, deviant sexual intercourse, or sexual contact as an element must submit to testing for HIV not later than 48 hours after the victim has requested, and/or the court has ordered, such testing.

69 Del. Laws, c. 231, § 1; 76 Del. Laws, c. 365, § 1;

Notes of Decisions

Cited in 4 cases, 1960–1975 · leading case: Hales v. State, 344 A.2d 229 (Del. 1975).

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Hales v. State, 344 A.2d 229 (Del. 1975). · cites it 2× “DUFFY, Justice: In this appeal from a life sentence ordered by the Superior Court under the Habitual Criminal Statute, 11 Del.C. § 3911(b) (now § 4214), defendant argues that the State failed to prove that he had counsel or that he waived his right to counsel in two prior felony…”

Gibbs v. State, 229 A.2d 502 (Del. 1967). “In addition, he was sentenced under 11 Del.C. § 3911, to life imprisonment as an habitual criminal.”

Johnson v. State, 280 A.2d 712 (Del. 1971). “In so doing, the General Assembly will be able to give due consideration to the effect upon other statutes (such as the Habitual Criminal Act, 11 Del.C. § 3911; the provisions for greater punishment for second or other convictions, 11 Del.”

Kominski v. Anderson, 186 F. Supp. 404 (D. Del. 1960). “(3) That the sentencing Court erroneously sentenced defendant under the Habitual Criminal Act, 11 Del.C. § 3911. (4) There was error in the admission of the statement of a co-defendant containing this defendant’s name.”

— 11 Del. C. § 3911(b) — 1 case

Hales v. State, 344 A.2d 229 (Del. 1975). “DUFFY, Justice: In this appeal from a life sentence ordered by the Superior Court under the Habitual Criminal Statute, 11 Del.C. § 3911(b) (now § 4214), defendant argues that the State failed to prove that he had counsel or that he waived his right to counsel in two prior felony…”

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