Overview
Colima criminalised both HIV ‘exposure’ and transmission through a general disease provision until 2024, when the law was repealed.
Article 212 of the state Penal Code criminalised anyone who, knowing that they were living with a contagious disease, ‘endangered the health of another’ through sexual or other means, providing the victim was not aware of their status. The penalty was three months to three years’ imprisonment, and fine of fifty to one hundred units.
However, if the perceived exposure resulted in actual transmission, the penalties were increased. For curable diseases the penalty was two to five years’ imprisonment and a fine of one hundred to two hundred units. For incurable diseases the penalty was increased to five to fifteen years’ imprisonment and a fine of one hundred to three hundred units.
We are not aware of any instances of this law being enforced in Colima.
In March 2024, a bill proposed by Deputy Alfredo Álvarez Ramírez, was adopted by a majority of 15 votes. The proposal was made upon a recognition that the law discriminated against and stigmatised people living with HIV. This bill fully repealed Article 212.
However, Article 126, which criminalises the infliction of injuries, states that those which result in the transmission of an ‘incurable disease’ are liable to imprisonment for three to nine years and a fine. We have not received any reports of this law being applied in HIV criminalisation cases, however the provision would seem to be applicable to HIV transmission.
Laws
Código Penal para el Estado de Colima
Article 212
Anyone who, knowing that they suffer from a contagious disease, which through sexual relations or any other means of transmission, endangers the health of another, provided that the victim is not aware of this circumstance, will be imposed from three months to three years in prison, and a fine equivalent to fifty to one hundred units of measurement and updating.
If the danger exposed results in the actual transmission of a disease that can be cured by medical treatment, a prison sentence of two to five years and a fine of the equivalent of one hundred to two hundred units of measurement and updating will be imposed.
If the danger exposed results in the actual transmission of an incurable disease, the penalty shall be imprisonment for five to fifteen years and a fine of between one hundred and three hundred units of measurement and updating
Código Penal para el Estado de Colima
Article 126.
Whoever causes injury to another shall be subject to the following penalties:
(…)
(VI) From three to nine years of imprisonment, and a fine for the equivalent amount of ninety up to two hundred units of measurement and updating, if they produce the loss of any function or organ, or cause a certain or probably incurable disease.
Acknowledgements
Our thanks to la Red Mexicana de Organizaciones contra la criminalización del VIH for their research assistance to confirm current relevant legislation.
