Sexual intercourse by person with AIDS or HIV Infection
23.—(1)  A person who knows that he has AIDS or HIV Infection shall not have sexual intercourse with another person unless, before the sexual intercourse takes place, the other person —
(a)has been informed of the risk of contracting AIDS or HIV Infection from him; and
(b)has voluntarily agreed to accept that risk.
[5/92; 13/99]
(2)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
[5/92]
(3)  For the purposes of this section, a person shall not, only by reason of age, be presumed incapable of having sexual intercourse.
[5/92]
(4)  For the purposes of this section and section 24, a person shall be deemed to know that he has AIDS or HIV Infection if a serological test or any other prescribed test for the purpose of ascertaining the presence of HIV Infection carried out on him has given a positive result and the result was communicated to him.
[5/92; 13/99]
(5)  In this section, “sexual intercourse” means —
(a)sexual connection occasioned by the introduction into the vagina, anus or mouth of any person of any part of the penis of another person; or
(b)cunnilingus.
[5/92]