Infectious Diseases Act - Singapore Statutes Online

Sexual activity by person with HIV Infection

23.—(1) A person who knows that he has HIV Infection shall not engage in any sexual activity with another person unless, before the sexual activity takes place —

(a)	he has informed that other person of the risk of contracting HIV Infection from him; and
(b)	that other person has voluntarily agreed to accept that risk. [Act 5 of 2019 wef 25/03/2019]

(2) A person who does not know that he has HIV Infection, but who has reason to believe that he has, or has been exposed to a significant risk of contracting, HIV Infection shall not engage in any sexual activity with another person unless —

(a)	before the sexual activity takes place he informs that other person of the risk of contracting HIV Infection from him and that other person voluntarily agrees to accept that risk;
(b)	he has undergone the necessary serological or other test and has ascertained that he does not have HIV Infection at the time of the sexual activity; or
(c)	during the sexual activity, he takes reasonable precautions to ensure that he does not expose that other person to the risk of contracting HIV Infection. [Act 5 of 2019 wef 25/03/2019]

(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 10 years or to both.

(4) For the purposes of this section, a person shall not, only by reason of age, be presumed incapable of engaging in sexual activity.

(5) For the purposes of this section, a person shall be deemed to know that he has HIV Infection if a serological test or other test for the purpose of ascertaining the presence of HIV Infection carried out on him has given a positive result and the result has been communicated to him.

[Act 5 of 2019 wef 25/03/2019]

(6) No prosecution shall be instituted for an offence under subsection (2) except with the written consent of the Public Prosecutor, but a person charged with such an offence may be arrested and be remanded in custody or released on bail notwithstanding that the consent of the Public Prosecutor to the institution of a prosecution for the offence has not been obtained, except that the case shall not be further prosecuted until that consent of the Public Prosecutor has been obtained.

[15/2010 wef 02/01/2011]

(7) In this section, “sexual activity” means —

(a)	sexual activity 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. [10/2008 wef 10/06/2008] [Act 5 of 2019 wef 25/03/2019]

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