Overview
Coahuila is one of only two states that has criminal laws which make explicit mention of HIV/AIDS. It also criminalises not only perceived ‘exposure’, but actual transmission of HIV.
Article 365 of the Penal Code criminalises anyone who, knowing that they are suffering from a serious and transmissible disease, puts another at “risk of contagion”. The penalty under this provision is imprisonment for three months to three years and a fine, or where the victim is under eighteen, up to five years’ imprisonment.
The offence will only be prosecuted by individual complaint when it is between partners.
Article 366 explicitly criminalises those living with HIV. It states that anyone who is living with AIDS (sic) and who knowingly engages in any behaviour likely to transmit the disease to another is liable for a penalty of imprisonment for two to eight years and a fine. If transmission does occur, including by negligence, the penalty is four to thirteen years’ imprisonment and a fine.
For both provisions the offender is also subject to security measures to prevent infection, and they are required to notify the health authorities of their condition.
Laws
Código Penal del Estado de Coahuila de Zaragoza
Article 366
A prison term of two to eight years and a fine will be applied to anyone suffering from or carrying the Acquired Immune Deficiency Syndrome and who knowingly engages in any behaviour likely to transmit the disease to another person. If the contagion occurs, the penalty will be four to thirteen years’ imprisonment and a fine.
It is also a punishable offence to transmit this condition, which is caused by negligence.
In addition to the prison sentence, the person concerned will be subject to security measures to prevent him/her from being infected by the disease, and will be required to notify the relevant health authority so that it can carry out these measures.
Código Penal del Estado de Coahuila de Zaragoza
Article 365
Prison from three months to three years and a fine will be applied to anyone who, knowing that he or she is suffering from a serious and transmissible disease, puts another person at risk of contagion. If the taxable person is under 18 years of age, the maximum prison sentence will be increased to 5 years in addition to the fine.
In addition to the prison sentence, the person concerned will be subject to security measures to prevent him from being infected by the disease and will be required to notify the relevant health authority so that these measures can be implemented.
Between spouses or common-law partners, the procedure will only be carried out through a complaint by the 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.