Overview
The state of Sinaloa criminalises perceived ‘exposure’ and actual transmission.
Article 149 criminalises anyone who knows they carry a serious transmissible illness and who “endangers the health of another” by any means with a penalty of six months to one year in prison. The provision states that if the victim’s life is in danger or death is caused, the relevant legal provisions will be utilised.
In the case of partners individual complaint is required.
Article 136 states that anyone who causes injury resulting in an incurable illness is liable for punishment of six to ten years’ imprisonment and a fine of 220 to three hundred days.
Laws
Código Penal del Estado de Sinaloa
Chapter III – Provisions common to homicide and injuries
Article 149
Anyone, knowing that he/she suffers from a serious and communicable disease, puts the health of another in danger of contagion by any means, shall be sentenced to six months to one year in prison; If due to contagion the life is endangered or the victim dies, the respective legal provisions will be followed.
When the contagion occurs between spouses or partners, it will only proceed by complaint of the injured party.
Código Penal del Estado de Sinaloa
Chapter II. Injuries
Article 136
The person responsible for the crime of injuries will be sentenced to:
(…)
VIII. Six to ten years in prison and from two hundred and twenty to three hundred days fine, if they cause the loss of any organic function, limb, organ or faculty, or cause a certain or probable incurable disease or incorrigible deformity; (…)
Acknowledgements
Our thanks to la Red Mexicana de Organizaciones contra la criminalización del VIH for their research assistance to confirm current relevant legislation.