What Constitutes a Sex Crime in Mexico?

If you asked the average joe to describe what a sex crime is, chances are they’d mention forced sexual encounters like rape. But did you know that in Mexico, it’s possible to be charged with committing a sex crime even if it was consensual? Numerous non-physical acts are also deemed sex crimes in Mexico like sending minors sexually explicit materials.

Mexico’s Código Penal Federal (Federal Penal Code) contains an array of articles that define various types of sex crimes and outlines their respective penalties. If you’re wondering what these are, continue reading this piece.

Here’s a summary of various acts that constitute a sex crime in Mexico.

Sexual Abuse

Research shows that this sort of behavior occurs everywhere from nightclubs to workplaces. In Mexico, performing sexually explicit acts like touching, groping, or forcing someone to expose their body counts as a sex crime.

According to Article 260 of Mexico’s Federal Penal Code, the maximum penalty for a sex crime involving sexual abuse is 10 years in prison and a fine worth 200 days of your daily income. If you use physical violence or mental manipulation to carry out these acts, the penalties increase to 15 years in prison and a fine worth 300 days of your daily income.

Rape

It’s tempting to think rape must involve genital contact—but did you know this isn’t true? Under Mexican law, rape is defined as the use of physical or moral violence (psychological manipulation) to penetrate a victim orally, anally, or vaginally either with your genitals or an object.

According to Article 265 of Mexico’s Federal Penal Code, rape is punishable with a twelve-year prison sentence if one offender is involved. On the other hand, if two or more perpetrators rape a victim at once, each offender faces a prison sentence of up to 18 years as per Article 266 Bis. This penalty also applies if the offender(s) was tasked with caring for the victim and/or drugged the victim before raping them.

It’s worth noting that if the victim in a rape case is the perpetrator’s spouse or de facto partner, the act only counts as a sex crime if the victim makes a formal complaint as per Article 265 bis.

Incest

All forms of incest count as sex crimes as per Article 272 of the Federal Penal Code. Mexican laws define incest as the maintenance of sexual relations between ascendants and descendants of legal age. If the descendants are minors, the crime is treated as rape.

Sex Crimes Involving Minors

Exchanging Sexual Content with Minors

In Mexico, requesting a minor to send you sexually explicit content through any means counts as a sex crime. This includes sexually suggestive text messages, images, audio, and/or videos as per Article 199 Septies of the Federal Penal Code.

Sending sexual content to minors also constitutes a sex crime in Mexico. Anyone found guilty of this crime could go to prison for up to five years and be fined up to 500 days of their income as per Article 200. The only time sending sexual content to a minor doesn’t constitute a sex crime is if the materials are sent consensually and have a clear scientific or educational purpose. If this is the case, the offender must prove they sent the materials after obtaining approval from a competent authority like a school.

Producing Sexual Content with Minors

If you record, edit, produce, direct, or print sexual content involving a minor in Mexico, the court will deem you to have committed a sex crime. According to Article 202 of the Federal Penal Code, the maximum punishment for this crime is 12 years in prison and a fine worth up to 2000 days of your income. The same penalty applies to individuals who share this content with anyone for any purpose.

Engaging in Sexual Acts with Minors

Engaging in a sexual act with a minor in Mexico either physically or virtually counts as a sex crime as per Articles 203 and 203 bis of the Federal Penal Code. Anyone who commits this crime will face a 12-year prison sentence and a fine worth 2000 days of their income. The penalties vary depending on the age of the victim and whether they gave consent. However, your record will show you’ve committed a sex crime if a minor was involved irrespective of the circumstances.

It’s important to note that engaging in a sexual act with someone between the ages of 15 and 18 years old doesn’t always constitute a sex crime. If the minor consented and either the minor or their guardians didn’t register a complaint, no sex crime occurred as per Article 263.

Prostituting Minors

Prostituting a minor always constitutes a sex crime irrespective of the circumstances as per Article 204 of the Federal Penal Code. This includes any instance of asking minors to trade their bodies for financial gain either virtually or physically.

Looking For Legal Assistance to Help with a Sex Crime Case in Mexico? It’s Time to Reach Out to Fabian Meneses of Meneses Legal

The sensitive nature of sex crime allegations makes it vital to hire an expert criminal defense lawyer like Fabian Meneses at Meneses Legal. At Meneses Legal, our team of criminal justice attorneys has several decades of cross-border attorney experience handling all types of sex crime cases. We also specialize in defending clients embroiled in cases involving drugs, firearms, homicide, and contraband smuggling. We regularly publish informative content on our blog and always go the extra mile to earn our clients’ praises.

Ready to let a seasoned sex crimes attorney in Tijuana represent you in court? If so, drop us a message using our online form and we’ll put you in touch with some of Mexico’s best criminal defense lawyers!