Overview
Baja California criminalises perceived ‘exposure’ and injuries caused by transmission of diseases.
Article 160 of the state Penal Code criminalises anyone who knows they are living with a venereal disease or other serious illness, and who “endangers the health of another” through sexual relations or other means. This offence carries a penalty of one to four years’ imprisonment and a fine of ten to fifty days, raised to five to nine years’ imprisonment where the illness is incurable. In both cases, compulsory medical treatment in an appropriate institution is imposed. Where the case involves partners, prosecution can only proceed following their complaint.
In December 2024, it was reported that deputy Jaime Eduardo Cantón Rocha in the state congress was working on an initiative to repeal Article 160, noting the discriminatory nature of the provision.
As with the federal law, Article 147 stipulates that injuries will be considered premeditated where they result from “venereal contagion”, which allows for enhanced sentencing for these offences.
Laws
Article 160
Danger of contagion of health: Whoever, knowing that he is ill with a venereal disease or other serious illness during the infectious period, endangers the health of another by sexual intercourse or other transmissible means, or by violating a duty of care, shall be punished by one to four years‘ imprisonment and a fine of ten to fifty days’ imprisonment.
If the disease suffered is incurable, the penalty shall be five to nine years’ imprisonment.
In both cases, compulsory curative treatment in a suitable institution shall be imposed.
In the case of spouses, common-law wives or common-law husbands, the offender may only be prosecuted on the basis of a complaint by the offender.