Overview
In Campeche the criminal law penalises perceived ‘exposure’.
The Penal Code of Campeche under Article 353 criminalises anyone who knows they are living with a serious disease, and who puts another at “risk of contagion” through sexual intercourse or other means, provided that the victim is not aware of their condition.
The penalty under this provision is six months to three years’ imprisonment and a fine of fifty to three hundred days’ salary. If the disease is incurable or the victim is the partner of the accused, the penalty is raised to two to eight years’ imprisonment and a fine of five hundred to two thousand days.
The judge may also order the care or supervision of the victim in an appropriate establishment, and Article 354 states that the accused will pay the costs of the victim’s medical treatment.
Prosecution can only occur following complaint by the victim.
Laws
Código Penal del Estado de Campeche
Article 353
A person who, knowing that he or she is suffering from a serious disease in the infectious period, puts another at risk of contagion, through sexual intercourse or other means of transmission, provided that the victim is not aware of this circumstance, shall be subject to six months to three years’ imprisonment and a fine of fifty to three hundred days’ salary, without prejudice to the determination of the competent judicial authority to care for or supervise the victim in an appropriate establishment until the end of the infectious period.
If the disease suffered is incurable or the victim is the usual partner, he will be imposed from two to eight years’ imprisonment and a fine of five hundred to two thousand days’ salary.
This crime will be prosecuted when there is a complaint.
Article 354
The active subject will pay the victim all the costs of medical treatment deriving from the infected disease, as part of the compensation for the damage and harm caused.
Acknowledgements
Our thanks to la Red Mexicana de Organizaciones contra la criminalización del VIH for their research assistance to confirm current relevant legislation.