Overview
The state of Jalisco does not criminalise perceived ‘exposure’ as a standalone offence. However, the law does allow for enhanced sentencing for homicide or injury where caused by the transmission of diseases.
Under Article 207 of the Penal Code, someone who causes non-life threatening injuries is liable for imprisonment for two to eight years when the injuries cause an incurable illness.
Article 219 outlines a number of scenarios in which homicide and injuries are considered “qualified”, which includes where caused by intentional transmission of disease. Article 210 increases the minimum sentence by one third and the maximum sentence by two thirds for qualified injuries. Similarly, Article 213 enhances the penalty for qualified murder from twelve to eighteen years, to twenty to forty years’ imprisonment.
In recent years attempts have been made by various political parties to introduce provisions which explicitly criminalise those who intentionally transmit diseases including HIV. However, these attempts have so far been unsuccessful.
Laws
Código Penal para el Estado de Libre y Soberano de Jalisco
Section 207
A person responsible for the crime of injuries that does not endanger life, will be sentenced:
(…)
V. From two to eight years in prison, when the injuries produce the loss of any organic function or of a limb, of an eye, or cause a probably incurable disease, incorrigible deformity or permanent inability to work, or when the offended person becomes deaf , blind, powerless or lose your mental faculties;
Acknowledgements
Our thanks to la Red Mexicana de Organizaciones contra la criminalización del VIH for their research assistance to confirm current relevant legislation.