Overview
The criminal law of Oaxaca prohibits perceived ‘exposure’ as well as actual transmission.
Under Article 192, anyone who knows they are living with a venereal or easily transmissible disease and who through sex or any other means “endangers the health” of another, is liable to imprisonment for six months to three years and a fine of three hundred to three thousand pesos, as well as compulsory treatment.
Knowledge of the illness is presumed where there are external injuries or manifestations of the disease.
The prosecution can only take place following individual complaint in the case of partners.
Article 193 criminalises anyone who intentionally spreads a disease with a penalty of one to six years. Similarly, Article 275 imposes a penalty of six to nine years’ imprisonment on anyone who causes an injury which results in an incurable illness.
Article 300 lays out the circumstances in which injuries are caused with premeditation, which carries greater sentences. This is presumed where the injury is caused by venereal contagion.
Laws
Código Penal para el Estado Libre y Soberano de Oaxaca, (Oaxaca: LXIV Legislatura del Estado, 2020)
Acknowledgements
Our thanks to la Red Mexicana de Organizaciones contra la criminalización del VIH for their research assistance to confirm current relevant legislation.