Overview
Guanajuato criminal law penalises perceived ‘exposure’.
Article 168 of the state Penal Code criminalises anyone who, knowing that they are living with a serious and transmissible disease, puts another at “risk of contagion”. This provision carries a penalty of one to five years’ imprisonment and a fine of ten to fifty days.
This offence is prosecuted by lawsuit.
Under Article 153, homicide and injuries are “qualified” when caused by contagion.
Laws
Código Penal del Estado de Guanajuato
Article 168
Anyone who, knowing that they suffer from or carry a serious and transmissible disease, puts another person at risk of contagion will be punished by imprisonment of one to five years and a fine of ten to fifty days.
This offence will be prosecuted by lawsuit.
Código Penal del Estado de Guanajuato
Article 153
Homicide and injuries are understood to be qualified when –
(…)
V. They are caused by poisoning, contagion, narcotics or psychotropics
Acknowledgements
Our thanks to la Red Mexicana de Organizaciones contra la criminalización del VIH for their research assistance to confirm current relevant legislation.