Singapore legislation
Section 23
Section 23
Sexual activity by person with HIV Infection
(1)
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 —
he or she has informed that other person of the risk of contracting HIV Infection from him or her; and
that other person has voluntarily agreed to accept that risk.
(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 —
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;
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
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.
(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 must not, only by reason of age, be presumed incapable of engaging in sexual activity.
(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.
(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.
(7)
In this section, “sexual activity” means —
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
cunnilingus.