Overview
Tamaulipas is one of two states that makes explicit reference to HIV/AIDS in its Penal Code.
Article 203 states that anyone who knows they suffer from a venereal disease or AIDS (sic), and who puts another in “danger of contagion” through sexual relations is liable to imprisonment for six months to three years and a fine of fifteen to fifty days.
In the case of partners and spouses, an individual complaint is required.
Under Article 341, injuries are presumed to have been inflicted with premeditation where they are caused by venereal contagion, which may result in enhanced sentencing for these offences.
The 2017 report by the Mexican Network Against the Criminalisation of HIV suggested that there had been five HIV criminal cases in Tamaulipas.
Laws
Código Penal para el Estado de Tamaulipas
Chapter I – Spreading hazard
Article 203
Anyone who, knowing that he or she suffers from a venereal disease in an infectious period or the acquired immune deficiency syndrome, puts another in danger of contagion, through sexual relations, will be punished by imprisonment from six months to three years and a fifteen to fifty times the daily value of the Unit of Measurement and Update, without prejudice to the corresponding penalty, if it causes contagion. In the case of spouses or common-law partners, it can only proceed by complaint of the offended party.
Código Penal para el Estado de Tamaulipas
Chapter III – Common rules for injuries and homicide
Article 341
There is premeditation when the accused intentionally causes injuries or homicide, after having reflected on the crime he is going to commit. Premeditation is presumed when the injury or homicide is committed by flood, fire, mines, bombs or explosives; by means of poisons or any other substance harmful to health; by venereal contagion, suffocation or drugs; for compensation given or promised; by torment, depraved acts or brutal ferocity.
Acknowledgements
Our thanks to la Red Mexicana de Organizaciones contra la criminalización del VIH for their research assistance to confirm current relevant legislation.