Overview
Morelos criminalises both perceived ‘exposure’ and the actual transmission of disease through its injury provisions.
Article 136 of the Penal Code criminalises anyone who knows they are living with a serious disease and who puts themselves at “risk of contagion to another” by any means with a penalty of six months to one year’s imprisonment and treatment for up to one year. The penalty is doubled in the case of incurable diseases.
This provision explicitly clarifies that this law not only penalises intentional, reckless, thoughtless or negligent behaviour that has a sexual character, but any conduct that puts another at risk of contracting any serious disease.
In June 2024, it was reported that HIV activist were seeking to have Article 136 repealed because of its impact on people living with HIV. Positivos Morelos stated that at least five people living with HIV were imprisoned under this provision due to alleged HIV transmission. An successful attempt to repeal the law was initiated in 2022.
Article 121, which criminalises the infliction of injuries, states that anyone who causes an incurable illness is liable to three to eight years’ imprisonment and three thousand days’ fine.
Laws
Código Penal para el Estado de Morelos
Article 136. Risk of contagion
Whoever, knowing that he/she suffers from a serious illness during an infectious period, puts another person in danger of contagion, by any means of transmitting the evil, will be given six months to one year in prison and treatment in freedom for up to year. If the illness suffered is incurable, the deprivation of liberty established in the previous paragraph will be doubled. In the cases provided for in this article, the court will order that the agent receive mandatory curative treatment in an appropriate institution for this purpose.
Código Penal para el Estado de Morelos
Article 121. Injuries
Anyone who causes damage to the health of another will be sentenced to:
(…)
VIII. Three to eight years in prison and three hundred to three thousand fine days, if they cause the loss of any organic function, limb, organ or faculty, or cause a certain or probably incurable disease or a serious and incorrigible deformity
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 Morelos 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.
