Overview
Baja California Sur criminalises perceived ‘exposure’.
Article 168 of the Penal Code criminalises anyone who knows they are living with a serious and transmissible disease, and who ‘endangers the health of another’ through any transmissible means, provided that the victim is not aware of this condition.
Prior to reform in December 2023, this provision stipulated the endangerment of health could be through ‘sexual relations’, as well as any other transmissible means. This reform arose following a citizen initiative to repeal the law in its entirety. While this was not adopted, the Standing Committee on Constitutional Points and Justice accepted that the law was discriminatory against people living with STIs, including HIV, and removed specific reference to sexual transmission.
This provision carries a penalty of one to four years’ imprisonment and a penalty of fifty to three hundred days. Where the disease is incurable, the penalty is two to ten years’ imprisonment.
Prosecution can only occur following an individual complaint.
Laws
Código Penal para el Estado Libre y Soberano de Baja California Sur
Article 168
Whoever, with the knowledge that he or she is suffering from a serious and transmissible disease, endangers the health of someone else by any transmissible means, provided that the victim is not aware of this circumstance, shall be sentenced to one to four years’ imprisonment and a penalty of fifty to three hundred days salary. If the disease is incurable, the subject will be imprisoned for two to ten years.
This crime will be prosecuted following a complaint by the victim or offended party.
Acknowledgements
Our thanks to la Red Mexicana de Organizaciones contra la criminalización del VIH for their research assistance to confirm current relevant legislation.
HIV Justice Network's Positive Destinations
Visit the Baja California Sur page on Positive Destinations for information on regulations that restrict entry, stay, and residency based on HIV-positive status, as well as access to HIV treatment for non-nationals.
