PART II UNLAWFUL TERMINATION OF PREGNANCY 59 Interpretation in Part II of Chapter V In this Part “embryo or foetus” means a live human embryo or foetus; “terminate”, in relation to a pregnancy, means to cause the death of an embryo or foetus (a) while it is growing in a female person’s womb; or (b) by its expulsion from a female person’s womb; “womb” does not include the fallopian tubes. 60 Unlawful termination of pregnancy (1) Any person who (a) intentionally terminates a pregnancy; or (b) terminates a pregnancy by conduct which he or she realises involves a real risk or possibility of terminating the pregnancy; shall be guilty of unlawful termination of pregnancy and liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both. (2) It shall be a defence to a charge of unlawful termination of pregnancy for the accused to prove that (a) the termination of the pregnancy occurred in the course of a “Caesarean section”, that is, while delivering a foetus through the incised abdomen and womb of the mother in accordance with medically recognised procedures; or (b) the pregnancy in question was terminated in accordance with the Termination of Pregnancy Act [Chapter 15:10]. PART III SEXUAL CRIMES AND CRIMES AGAINST MORALITY Division A: Preliminary 61 Interpretation in Part III of Chapter V (1) In this Part “anal sexual intercourse” means penetration of the anus by the penis; “brothel” means any place which is occupied or used for the purposes of prostitution or for persons to visit for the purpose of having extra-marital sexual intercourse for money or reward; “extra-marital sexual intercourse” means sexual intercourse otherwise than between spouses; “HIV” means the human immuno-deficiency virus; “keep”, in relation to a brothel, has the meaning set out in subsection (2); “mentally incompetent person” means a person who is mentally disordered or intellectually handicapped, as defined in section 2 of the Mental Health Act [Chapter 15:12] (No. 15 of 1996); “owner”, in relation to any place, includes a person who lets or sublets or permits the occupation of the place, whether in his or her own right or on behalf of another person; “place” includes any premises, enclosure, vehicle or boat or any part thereof; “prostitute” means a male or female person who for money or reward— (a) allows other persons to have anal or extra-marital sexual intercourse or engage in other sexual conduct with him or her; or (b) solicits other persons to have anal or extra-marital sexual intercourse or engage in other sexual conduct with him or her; and the word “prostitution” shall be construed accordingly; “public place” means any road, building, open space or other place of any description to which the public or any section of the public have access, whether on payment or otherwise and whether or not the right of admission thereto is reserved; “sexual intercourse” means vaginal sexual intercourse between a male person and a female person involving the total penetration or penetration to the slightest degree of the vagina by the penis; “sexually-transmitted disease” includes any disease commonly transmitted by sexual intercourse or anal sexual intercourse; “unlawful sexual conduct” means any act the commission of which constitutes the crime of rape, aggravated indecent assault, indecent assault, sexual intercourse or performing an indecent act with a young person or sodomy; “young person” means a boy or girl under the age of sixteen years.