Overview
Baja California Norte criminalises perceived ‘exposure’ and injuries caused by transmission of diseases.
Article 160 of the state Penal Code criminalises anyone who knows they are living with a venereal disease or other serious illness, and who “endangers the health of another” through sexual relations or other means.
This offence carries a penalty of one to four years’ imprisonment and a fine of ten to fifty days, raised to five to nine years’ imprisonment where the illness is incurable. In both cases, compulsory medical treatment in an appropriate institution is imposed.
Where the case involves partners, prosecution can only proceed following their complaint.
As with the federal law, Article 147 stipulates that injuries will be considered premeditated where they result from “venereal contagion”, which allows for enhanced sentencing for these offences.
Laws
Código Penal para el Estado de Baja California
Article 160
Danger of contagion of health: Whoever has known that they are ill with a venereal disease or other serious illness in the infectious period, and endangers the health of another, through sexual relations or other transmissible means, or by violating aduty of care, shall be punished by one to four years’ imprisonment and a fine of ten to fifty days.
If the illness suffered is incurable, the penalty shall be five to nine years’ imprisonment.
In both cases, compulsory curative treatment in an appropriate institution shall be imposed.
In the case of spouses, cohabitants or common-law partners, the procedure can only be initiated by a complaint from the victim.
Acknowledgements
Our thanks to la Red Mexicana de Organizaciones contra la criminalización del VIH for their research assistance to confirm current relevant legislation.