Overview
In Durango the criminal law penalises perceived ‘exposure’ to diseases.
Article 189 of the Penal Code criminalises anyone who, knowing they are living with a serious illness, “endangers the health of another” with a penalty of three to five years’ imprisonment and a fine of 216 to 360 units.
Where the illness is incurable, the penalty will be increased to three to ten years’ imprisonment and a fine of 216 to 720 units.
The judge may also order the accused to be cared for or supervised in an appropriate establishment during the infectious period.
Laws
Código Penal del Estado Libre y Soberano de Durango - Amended 2017
CHAPTER I DANGER OF CONTAGION
Article 189 – Whoever, knowing that he suffers from a serious illness during the infectious period, puts the health of another in danger of contagion, by any transmissible means, shall be subject to three to five years’ imprisonment and a fine of two hundred and sixteen to three hundred and sixty times the Unit of Measurement and Updating, without prejudice to the judicial authority determining his care or surveillance in a suitable establishment until the infectious period ceases. In the case of an incurable disease, a penalty of three to ten years’ imprisonment and a fine of two hundred and sixteen to seven hundred and twenty times the Measurement and Updating Unit shall be imposed.
ARTICLE AMENDED by Decree. 59, P.O. 19 OF MARCH 5, 2017
Acknowledgements
Our thanks to la Red Mexicana de Organizaciones contra la criminalización del VIH for their research assistance to confirm current relevant legislation.