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,
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