Act 9 Penal Code Act 2008 (b) if it is proved that a person was infected with HIV/AIDS within thirty days after committing an offence referred to in sections 262 and 263 of this Act, it shall be presumed, unless the contrary is shown, that he or she was infected with HIV/AIDS when he or she committed the offence. CHAPTER XIX OFFENCES RELATING TO MARRIAGE AND INCEST 264. Cohabitation by Deceit. Every person who by deceit causes any other person who is not lawfully married to him or her to believe that he or she is lawfully married to him or her and to cohabit or have sexual intercourse with him or her in that belief, commits an offence, and upon conviction, shall be sentenced to imprisonment for a term not exceeding two years or with a fine or with both. 265. Marriage Ceremony Fraudulently gone through without Lawful Marriage. Whoever, dishonestly or with a fraudulent intent goes through the ceremony of being married knowing that he or she is not thereby lawfully married, commits an offence, and upon conviction, shall be sentenced to imprisonment for a term not exceeding two years or with a fine or with both. 266. Adultery. Whoever, has consensual sexual intercourse with a man or woman who is and whom he or she has reason to believe to be the spouse of another person, commits the offence of adultery, and shall be addressed in accordance with the customs and traditions of the aggrieved party and in lieu of that and upon conviction, shall be sentenced to imprisonment for a term not exceeding two years or with a fine or with both. 138

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