The Penal Code of Tabasco criminalises the actual transmission of incurable diseases.
Article 120 states that anyone who knows they are living with a serious communicable disease which they transmit to another is liable for the penalties under Article 116, the most relevant being five to ten years’ imprisonment in the case of injuries which cause an incurable disease.
Código Penal para el Estado de Tabasco
CHAPTER II INJURIES
Article 116. Anyone who causes harm to another’s health will be imposed: …..
VI. From five to ten years in prison, when the injuries produce the loss of any organic function, or a limb, or an organ, or a faculty, or cause an incurable disease, or an incorrigible deformity;
Article 120. For those who, suffering from a serious and communicable disease, carry out acts by which they infect a person, the corresponding penalty will be applied in accordance with Articles 116 and 117.
Our thanks to la Red Mexicana de Organizaciones contra la criminalización del VIH for their research assistance to confirm current relevant legislation.