Overview
The criminal law of Michoacán prohibits perceived ‘exposure’ as well as the actual transmission of diseases.
Article 155 of the Penal Code penalises anyone who knows they are living with a serious and incurable disease, who “endangers the health of another” by sexual intercourse or other means, providing the victim does not know of the accused’s condition. The penalty is one to five years’ imprisonment and a fine of fifty to two hundred days.
Prosecution can occur only by means of complaint from the victim.
Furthermore, under Article 125 the transmission of an incurable disease can be penalised under the infliction of ‘simple injuries’, which carries a penalty of eight to fifteen years’ imprisonment and a fine of one hundred to five hundred days. The infliction of an incurable disease is also considered an aggravating factor for other offences under Article 168.
Laws
Código Penal para el Estado de Michoacán
Article 155. Danger of contagion
Whoever, with knowledge that he or she suffers from a serious and incurable disease 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 sentenced to one to five years in prison and a fine of fifty to two hundred days. This crime will be prosecuted by complaint of the victim or person offended against.
Código Penal para el Estado de Michoacán
Article 125. Simple injuries
(…)
V. Eight to fifteen years’ imprisonment and a fine of one hundred to five hundred days, if the injury leaves the offender with an incurable mental or bodily disease; loss or disablement of a limb, sense or function; permanent loss of speech; incorrigible deformity, permanent incapacity for work or loss of capacity to engender or forced sterilization.
Article 168. Aggravating Factors
(…)
VIII. An incurable disease
Acknowledgements
Our thanks to la Red Mexicana de Organizaciones contra la criminalización del VIH for their research assistance to confirm current relevant legislation.