The criminal law of Guerrero prohibits perceived ‘exposure’ to disease.
Article 170 criminalises anyone who, knowing that they are living with a serious disease, “endangers the health of another” through sexual or other means, provided the victim is not aware of their status. The penalty is imprisonment for one to four years and fine of fifty to two hundred days.
If the disease is incurable, the penalty is increased to two to ten years’ imprisonment and a fine of one hundred to five hundred days.
The offence is prosecuted by means of individual complaint.
Código Penal para el Estado Libre y Soberano de Guerrero
Chapter II Danger of contagion
Danger of contagion
Whoever, with knowledge that he or she suffers from a serious illness in an infectious period, puts the health of another in danger of contagion, through sexual intercourse or another transmissible means, provided that the taxpayer is not aware of that circumstance, will be imposed from one to four years in prison and a fine of fifty to two hundred days. If the disease is incurable, the subject will be imprisoned from two to ten years and a fine from one hundred to five hundred days. This crime will be prosecuted by complaint of the victim.
Our thanks to la Red Mexicana de Organizaciones contra la criminalización del VIH for their research assistance to confirm current relevant legislation.