Bahamas

Section 8. Prostitution and disclosure of AIDS

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(2) Any person who knows that he is infected with a virus causing, or known to cause, acquired immune deficiency syndrome (commonly known as “AIDS”) and who has sexual intercourse with any other person, with the consent of that other person but without disclosing the fact of the infection to that other person, is guilty of an offence and liable to be detained for a term of five years in such place and under such conditions as may be specified by the court before which he is convicted; and, while so detained, he shall be deemed to be in legal custody.

(3) It shall be a sufficient defence to any charge under subsection (2), if it is made to appear to the court before which the charge shall be brought that the person with whom the person so charged had sexual intercourse knew, or had reasonable cause to believe, before sexual connection was occasioned, that the person so charged was so infected.

Section 8. Sentencing guidelines

(1) Where a person is convicted on information of the crime of trafficking in persons the following provisions as regards his sentence, other than a life sentence, may apply —

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(d) if, in the course of trafficking or subsequent exploitation, the defendant recklessly caused the victim to be exposed to a life-threatening illness, or if the defendant intentionally caused a victim to become addicted to any drug or medication, five years may be added to the sentence;

(2) In this section — (b) “life-threatening illness” means any illness that involves a substantial risk of death, and includes Human Immune Deficiency Virus (HIV) infection and tuberculosis;