(a) being the owner or occupier of any premises, knowingly permits another person on the premises to commit rape, aggravated indecent assault, indecent assault, sexual intercourse or performing an indecent act with a young person, sodomy, bestiality or sexual intercourse within a prohibited degree of relationship; or (b) detains a person with the intention that a crime referred to in paragraph (a) should be committed by another person against the person so detained; may be charged with being an accomplice or accessory to the commission of the crime concerned, or with kidnapping or unlawful detention, or both. Division C: Indecent or sexual conduct harmful to public morals or public health 77 Public indecency (1) Any person who (a) indecently exposes himself or herself or engages in any other indecent conduct which causes offence to any other person in or near a public place, or in or near a private place within the view of such other person; or (b) knowing or realising that there is a real risk or possibility that he or she will be heard, utters or makes use of indecent or obscene language in or near a public place, or in or near a private place within the hearing of another person; or (c) sings any indecent or obscene song in or near a public place, or in or near a private place within the hearing of another person, knowing or realising that there is a real risk or possibility that he or she will be heard; or (d) writes or draws any indecent or obscene word, figure or representation in or near a public place, or in or near a private place in the view of another person, knowing or realising that there is a real risk or possibility that such writing or drawing will be seen; shall be guilty of public indecency and liable to a fine not exceeding level nine or imprisonment for a period not exceeding six months or both. (2) No person shall be convicted of public indecency unless the words or conduct in question are sufficiently serious to warrant punishment, for which purpose a court shall take into account the following factors in addition to any others that are relevant in the particular case (a) the nature of the words or conduct; (b) the extent to which the words were repeated or the conduct was persisted in, as the case may be; (c) the age and gender of the person who heard the words or witnessed the conduct; (d) any previous relationship between the parties; (e) the degree of offence caused to the person who heard the words or witnessed the conduct. 78 Deliberate infection of another with a sexually-transmitted disease (1) In this section “sexually-transmitted disease” includes syphilis, gonorrhea, herpes, and all other forms of sexuallytransmitted diseases except, for the purposes of this section, HIV. (2) Any person who (a) knowing that he or she is suffering from a sexually-transmitted disease; or (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