Criminal Law Code as at 1st March 2007 (b) realising that there is a real risk or possibility that he or she is suffering from a sexually-transmitted disease; 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, shall be guilty of deliberately infecting that other person with a sexually-transmitted disease and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding five years or both. (3) If it is proved in a prosecution for spreading a sexually-transmitted disease that the person charged was suffering from a sexually-transmitted disease at the time of the crime, 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. (4) It shall be a defence to a charge under subsection (1) 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. Division D: Transmitting HIV deliberately or in the course of committing sexual crimes 79 Deliberate transmission of HIV (1) Any person who⎯ (a) knowing that he or she is infected with HIV; or (b) realising that there is a real risk or possibility that he or she is infected with HIV; intentionally does anything or permits the doing of anything which he or she knows will infect, or does anything which he or she realises involves a real risk or possibility of infecting another person with HIV, shall be guilty of deliberate transmission of HIV, whether or not he or she is married to that other person, and shall be liable to imprisonment for a period not exceeding twenty years. (2) It shall be a defence to a charge under subsection (1) for the accused to prove that the other person concerned— (a) knew that the accused was infected with HIV; and (b) consented to the act in question, appreciating the nature of HIV and the possibility of becoming infected with it. 80 Sentence for certain crimes where accused is infected with HIV (1) Where a person is convicted of— (a) rape; or (b) aggravated indecent assault; or (c) sexual intercourse or performing an indecent act with a young person, involving any penetration of any part of his or her or another person’s body that incurs a risk of transmission of HIV; - 54 -