Overview
Hidalgo criminalises both perceived ‘exposure’ and actual transmission of disease.
Article 162 penalises anyone who knows they carry a serious transmissible disease and who intentionally commits an act “endangering the health of another”. The offence carries a penalty of two to six years’ imprisonment, a fine of twenty to 120 days, and compulsory treatment in an appropriate institution.
If the perceived ‘exposure’ is in violation of a duty of care, half of the penalty is imposed along with compulsory treatment. In the case of partners, the prosecution can only occur following their complaint.
Where transmission of the disease actually takes place, the penalty is imprisonment for five to fifteen years and a fine of fifty to 250 days.
Under Article 141, the penalty for the infliction of non-life threatening injuries is raised to two to eight years’ imprisonment and a fine of thirty to three hundred days if the injuries produce an incurable illness.
Laws
Código Penal para el Estado de Hidalgo
Article 162
Whoever, knowing that he/she suffers from a serious and communicable disease intentionally, puts the health of another in danger of contagion, will be sentenced to two to six years in prison, a fine of 20 to 120 days and mandatory curative treatment in an institution. If the endangerment is violating a duty of care, half the penalty and the same mandatory curative treatment will be imposed, if the danger of contagion occurs between spouses or common-law partners, it will only proceed by complaint of the offended.
A prison term of five to fifteen years and a fine of 50 to 250 days will be imposed on those who use direct and effective means of spreading disease.
Código Penal para el Estado de Hidalgo
Article 141
– Injuries that do not endanger life, whatever their healing time, will have the following punishment:
(…)
IV.- From two to eight years in prison and a fine of 30 to 300 days, if they result in the definitive loss of any organic function; limb, organ or faculty or cause incurable disease or incorrigible disability.
Acknowledgements
Our thanks to la Red Mexicana de Organizaciones contra la criminalización del VIH for their research assistance to confirm current relevant legislation.