Infectious Diseases Act 1976 - Singapore Statutes Online

Sexual activity by person with HIV infection

23.—(1) Subject to subsection (1A), a person who knows that he or she has HIV infection must not engage in any sexual activity with another person unless, before the sexual activity takes place —

(a)	he or she has informed that other person of the risk of contracting HIV infection from him or her; and
(b)	that other person has voluntarily agreed to accept that risk. [10/2008; 5/2019] [Act 13 of 2024 wef 09/04/2024]

(1A) Subsection (1) does not apply to a person who knows that he or she has HIV infection if he or she has maintained an undetectable HIV viral load for at least the prescribed period preceding the sexual activity in question.

[Act 13 of 2024 wef 09/04/2024]

(1B) A person is presumed, unless the contrary is proved, to have maintained an undetectable HIV viral load for at least the prescribed period preceding the sexual activity in question if he or she —

(a)	has taken a test within a prescribed period before the sexual activity and obtained a test result issued by a recognised laboratory showing that the person has an undetectable HIV viral load;
(b)	has taken an earlier test no later than a prescribed amount of time before the test mentioned in paragraph (a) and obtained a test result issued by a recognised laboratory showing that the person has an undetectable HIV viral load;
(c)	at no time, during the period between the test mentioned in paragraph (b) and the sexual activity in question, has taken a test and obtained a test result issued by a recognised laboratory showing that the person has a detectable HIV viral load; and
(d)	has adhered to his or her medical treatment for HIV infection as prescribed by his or her medical practitioner, during the period starting on the date he or she takes the test mentioned in paragraph (b) up to and including the date of the sexual activity in question. [Act 13 of 2024 wef 09/04/2024]

(1C) For the purposes of subsection (1A) —

(a)	a person has a detectable HIV viral load if the amount of HIV detected in a test carried out for the purpose of ascertaining his or her HIV viral load is at or above the level prescribed by regulations; and
(b)	a person has an undetectable HIV viral load if the amount of HIV detected in a test carried out for the purpose of ascertaining his or her HIV viral load is below the level prescribed by regulations. [Act 13 of 2024 wef 09/04/2024]

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

(a)	before the sexual activity takes place he or she informs that other person of the risk of contracting HIV infection from him or her and that other person voluntarily agrees to accept that risk;
(b)	he or she has undergone the necessary serological or other test and has ascertained that he or she does not have HIV infection at the time of the sexual activity; or
(c)	during the sexual activity, he or she takes reasonable precautions to ensure that he or she does not expose that other person to the risk of contracting HIV infection. [10/2008; 5/2019] [Act 13 of 2024 wef 09/04/2024]

(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.

[10/2008]

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

[10/2008]

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

[10/2008; 5/2019]

[Act 13 of 2024 wef 09/04/2024]

(6) No prosecution is to 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 even though the consent of the Public Prosecutor to the institution of a prosecution for the offence has not been obtained, except that the case must not be further prosecuted until that consent of the Public Prosecutor has been obtained.

[10/2008; 15/2010]

(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] [Act 13 of 2024 wef 09/04/2024]

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