Overview
Estado de México not only criminalises perceived ‘exposure’ but allows for enhanced sentencing for the offence of injury where caused by the transmission of an illness.
Article 252 of the Penal Code states that anyone who, knowing that they are living with a serious disease, puts themselves at ‘risk of infecting another’, is liable for a penalty of six months to two years’ imprisonment and a fine of thirty to sixty days.
The offence is prosecuted by means of individual complaint.
Article 238 states that the transmission of an incurable illness is taken as an aggravating offence for the crime of injury, which raises the penalty to two to eight years’ imprisonment and a fine of 120 to 250 days.
Under Article 241, a person who knows they are living with a serious, incurable and fatal disease and who transmits the condition to another causing them to die, is liable for homicide.
The 2017 report by the Mexican Network Against the Criminalisation of HIV suggested that there had been five HIV criminal cases in Estado de México.
In February 2024, Morena deputy, Beatriz García Villegas, presented an initiative that would repeal Article 252, noting that it violates the right to non-discrimination of those living with HIV.
In December 2024, a further initiative was presented, with the support of civil society, to repeal all provisions discriminating against people living with HIV. This includes Articles 238, 241(V), and 252.
Laws
Código Penal del Estado de México
Chapter I – Danger of contagion
Article 252
Any person who, knowing that he suffers from a serious disease during the infectious period, places himself in danger of infecting another person by any means of transmission shall be sentenced to six months to two years imprisonment and a fine of thirty to sixty days. (The third paragraph was repealed by decree number 201 of the “LIII” Legislature, published in the Government Gazette on September 1, 2000).
Código Penal del Estado de México
Chapter I – Injuries
Article 238
Circumstances that aggravate the penalty for the crime of bodily harm shall be punished, in addition to the penalties indicated in the previous article, with the following:
(…)
V. When the injuries produce an incurable illness, mental derangement, definitive loss of a limb or of any organic function or cause a permanent incapacity to work, two to eight years imprisonment and a fine of one hundred and twenty to two hundred and fifty days shall be applied;
Chapter II – Homicide
Article 241
The crime of homicide is committed by anyone who deprives another of his life. Anyone who, knowing that he suffers from a serious, incurable and fatal illness, infects another person or causes his death shall be punished as a homicide (Reformed by decree number 201 of the “LIII” Legislature, published in the Government Gazette on September 1, 2000).
Acknowledgements
Our thanks to la Red Mexicana de Organizaciones contra la criminalización del VIH for their research assistance to confirm current relevant legislation.
