Criminal Law Code as at 1st March 2007 and it is proved that, at the time of the commission of the crime, the convicted person was infected with HIV, whether or not he or she was aware of his or her infection, he or she shall be sentenced to imprisonment for a period of not less than ten years: Provided that5— (i) notwithstanding section 192, this subsection shall not apply to an incitement or conspiracy to commit any crime referred to in paragraph (a), (b) or (c), nor top an attempt to commit any such crime, unless the attempt involved any penetration of any part of the body of the convicted person or of another person's body that incurs a risk of transmission of HIV; (ii) if a person convicted of any crime referred to in paragraph (a), (b) or (c) satisfies the court that there are special circumstances peculiar to the case, which circumstances shall be recorded by the court, why the penalty provided under this subsection should not be imposed, the convicted person shall be liable to the penalty provided under section 65, 66 or 70, as the case may be. (2) For the purposes of this section— (a) the presence in a person’s body of HIV antibodies or antigens, detected through an appropriate test, shall be prima facie proof that the person concerned is infected with HIV; (b) if it is proved that a person was infected with HIV within thirty days after committing a crime referred to in those sections, it shall be presumed, unless the contrary is shown, that he or she was infected with HIV when he or she committed the crime. Division E: Crimes relating to prostitution or the facilitation of sexual crimes 81 Soliciting (1) In this section⎯ “publicly solicits” means— (a) solicits in a public place or any place to which the public or any section of the public have access; or (b) solicits by publication of the solicitation in any printed or electronic medium for reception by the public. (2) Any person who publicly solicits another person for the purposes of prostitution shall be guilty of soliciting and liable to a fine not exceeding level five or imprisonment for a period not exceeding six months or both. 82 Living off or facilitating prostitution Any person who— (a) keeps a brothel; or (b) demands from a prostitute any payment or reward in consideration of the person— (i) keeping, managing or assisting in the keeping of a brothel in which the prostitute is, or has been, living for immoral purposes; or 5 Proviso inserted by s. 31 of Act 9/2006. - 55 -