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12. Offences against public health and safety
 
  Article 95-Offences involving failure to disclose infectious disease  
94.1 Failure to disclose infectious disease  
  The failure to disclose an infectious disease is when a man or woman knowing they are inflected with an infectious disease capable of inflicting minor harm, serious harm or even death of another man or woman, fails to disclose such a condition to the other man or woman prior to any contact that may lead to infection of another man or woman.  
 
 Primary Fact(s)
 1. That the accused had been diagnosed prior to the offence with a serious and/or potentially lethal disease; and
 2. That the accused was aware of this diagnosis on or prior to the date of the offence; and
 3. That the accused failed to disclose this information truthfully or accurately to the victim at the time of the offence; and
 4. That the victim came within sufficient sustained proximity to the accused to risk transmission of the accused disease, whether such transmission took place, or not.
 
 
 Penalty Conditions (Level 2-Crime)
Type
 Condition(s)
1-3
 a) involving a non-lethal transmittable disease to a general member of the public;
4-6
 a) involving a non-lethal transmittable disease to a sexual partner;
 
 
 Penalty Conditions (Level 3-Crime)
Type
 Condition(s)
1-3
 a) involving a non-lethal transmittable disease to law enforcement officers;
4-6
 a) involving a non-lethal transmittable disease to medical emergency staff;
 
 
 Penalty Conditions (Level 4-Crime)
Type
 Condition(s)
1-3
 a) involving a potentially lethal transmittable disease to a general member of the public;
4-6
 a) involving a potentially lethal transmittable disease to a sexual partner;
 
 
 Penalty Conditions (Level 5-Crime)
Type
 Condition(s)
1-3
 a) involving a potentially lethal transmittable disease to law enforcement officers;
4-6
 a) involving a potentially lethal transmittable disease to medical emergency staff;
 
     
     
 
 

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