Colima criminalises not just perceived ‘exposure’ but actual transmission.
Article 212 of the state Penal Code criminalises anyone who, knowing that they are living with a contagious disease, “endangers the health of another” through sexual or other means, providing the victim is not aware of their status. The penalty is three months to three years’ imprisonment, and fine of fifty to one hundred units.
However, should the perceived exposure result in actual transmission, the penalties are increased. For curable diseases the penalty is two to five years’ imprisonment and a fine of one hundred to two hundred units. For incurable diseases the penalty is increased to five to fifteen years’ imprisonment and a fine of one hundred to three hundred units.
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
Our thanks to la Red Mexicana de Organizaciones contra la criminalización del VIH for their research assistance to confirm current relevant legislation.