Overview
Querétaro penalises both perceived ‘exposure’ and actual transmission of disease.
Article 127 criminalises anyone who causes “damage to another’s health” which results in an incurable illness, with a penalty of two to five years’ imprisonment.
Article 127bis-1 criminalises anyone who knows they are living with a serious illness which they don’t disclose, and who puts another in “danger of contagion” through sexual or other means. The penalties are those outlined under Article 127.
In the case of partners individual complaint is required.
Laws
Código Penal para el Estado de Querétaro
Article 127
Anyone who causes damage to their health will be sentenced to the corresponding penalty according to the following sections:
(…)
VI. From two to five years in prison if they result in the loss of any organic function, member, organ or faculty, or cause a certain or probably incurable disease or incorrigible deformity; (Ref. P. O. No. 46, 1-XI-90)
Código Penal para el Estado de Querétaro
Article 127bis-1
Anyone who, when knowing that they suffer from a serious illness in an infectious period, without the victim or offended person being aware of this circumstance, puts the health of another in danger of contagion, through sexual relations or other transmissible means, shall be subject to the penalties laid down for the offense of assault and battery. (Addendum P. O. No. 55, 6-XII-02)
In the case of the previous section, they will be prosecuted ex officio, except in the case of spouses, common-law partners or concubines, where it can only proceed with a complaint of the offended party. (Addendum P. O. No. 55, 6-XII-02)
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 Querétaro 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.
