Criminal Law Code as at 1st March 2007 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); - 43 -

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