Overview
Baja California Sur criminalises perceived ‘exposure’.
Article 168 of the Penal Code criminalises anyone who knows they are living with a serious and transmissible disease, and who “endangers the health of another” through sexual relations or other means, provided that the victim is not aware of this condition.
This provision carries a penalty of one to four years’ imprisonment and a penalty of fifty to three hundred days. Where the disease is incurable, the penalty is two to ten years’ imprisonment.
Prosecution can only occur following an individual complaint.
Laws
Código Penal para el Estado Libre y Soberano de Baja California Sur
Article 168
A person who, knowing that he or she suffers from a serious and transmissible disease, endangers the health of another by sexual relations or other transmissible means, provided that the victim is not aware of this circumstance, shall be sentenced to one to four years’ imprisonment and a penalty of fifty to three hundred days salary. If the disease is incurable, the subject will be imprisoned for two to ten years.
This crime will be prosecuted following a complaint by the victim or offended party.
Acknowledgements
Our thanks to la Red Mexicana de Organizaciones contra la criminalización del VIH for their research assistance to confirm current relevant legislation.