Act 9 Penal Code Act 2008 intentionally infects any other person with the disease, or does anything or causes or permits anything to be done with the intention or realising that there is a real risk or possibility of infecting any other person with the disease, commits the offence of deliberately infecting that other person with a sexually transmitted disease, and upon conviction, shall be sentenced to imprisonment for a term not exceeding five years or with a fine or with both. (2) If it is proved in a prosecution for intentionally spreading a sexually transmitted disease, that the person charged was suffering from a sexually transmitted disease at the time of the offence, it shall be presumed, unless the contrary is proved, that he or she knew or realised that there was a real risk or possibility that he or she was suffering from it. (3) It shall be a defence to a charge under subsection (1), above, for the accused to prove that the other person concerned— (a) knew that the accused was suffering from a sexually transmitted disease; and (b) consented to the act in question, appreciating the nature of the sexually transmitted disease and the possibility of becoming infected with it. 262. Deliberate Transmission of HIV/AIDS. (1) Whoever— (a) knowing that he or she is infected with HIV/AIDS; or (b) realizing that there is a real risk or possibility that he or she is infected with HIV/AIDS; (c) intentionally does anything or permits the doing of anything which he or she knows will infect, or does anything which he or she realizes or involves a real risk or possibility of infecting another person with HIV/AIDS, 136