Age of consent? Mexico has legislation that protects and seeks to guarantee the sexuality of minors. For this reason, there are severe penalties for anyone who engages in sexual acts against boys or girls who are not of sufficient age to make their own decisions regarding their sexual behavior. We will explain this important legal issue in Mexico in detail.
The Legal Age of Consent in Mexico (Applicable in Tijuana, Cancun, Playa del Carmen, Los Cabos, Puerto Vallarta, Mexico City, and any city in Mexico)
In general terms, the law fully recognizes individuals over 18 years of age as capable of making decisions about their bodies and their sexual relationships. Therefore, Mexican criminal law only punishes those who commit sexual acts against adults without their consent.
Crimes in Mexico for Individuals Who Engage in Sexual Acts with Minors Under 18 Years Old.
The list of crimes mentioned are those established by Mexican criminal law for individuals accused of engaging in sexual acts with persons under 18 years of age. It is important to note that each state in the Mexican Republic has its own penal codes, so if you have a specific case related to this issue, you can contact us for a consultation. This is because we are using the federal criminal code for the purpose of explaining these crimes.
1. Article 261. Anyone who commits the crime of sexual abuse against a person under eighteen years of age or against a person who is unable to comprehend the significance of the act, even with their consent, or who, for any reason, is unable to resist or is forced to perform it on themselves or another person, will be sentenced to six to thirteen years in prison and up to five hundred days of fines.
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If violence is used, the penalty will be increased by half of both the minimum and maximum sentences
Explanation of Justicia Transparente: Any touching of a minor is a crime, even with the minor’s consent, and can result in imprisonment for up to 13 years.
This crime is particularly serious, as the Mexican criminal process does not provide options such as bail or settlements to resolve the matter without going to trial.
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Article 262. Anyone who engages in sexual intercourse with a person over fifteen and under eighteen years of age, obtaining their consent through deception, will be sentenced to three months to four years in prison.
Article 263. In the case mentioned in the previous article, legal action will not be taken against the offender unless a complaint is filed by the victim or their representatives.
Explanation of Transparent Justice: This is an exception to the age of consent for sexual acts. In this crime, it is established that if the victim is at least 15 years old but under 18 years old and was deceived or seduced into having sexual relations with the accused, a lesser penalty of 3 months to 4 years in prison will be imposed.
The law also establishes that the prosecution will only investigate and prosecute this case if the victim or their parents wish for the accused to face justice.
2. Article 266. The following acts are equivalent to rape and will be punished with eight to thirty years in prison:
I. Anyone who engages in sexual intercourse with a person under eighteen years of age without the use of violence;
III. Anyone who, without violence and for lewd purposes, inserts any object or instrument other than the male sexual organ into the anus or vagina of a person under eighteen years of age or a person who is unable to comprehend the significance of the act, or for any reason cannot resist, regardless of the victim’s gender.
Explanation of Justicia transparente: These are two of the most serious crimes in Mexico for anyone who engages in sexual relations with persons under 18 years of age. Penalties can be up to 30 years in prison. In these cases, anyone who inserts objects or fingers into the anus or vagina of a male or female minor will be held responsible for the crime of rape of a minor.
3. Article 266 Bis.- The penalties provided for sexual abuse and rape will be increased by up to half of both the minimum and maximum sentences when:
I.- The crime is committed with the direct or immediate involvement of two or more people.
Explanation of Justicia transparente: In cases of abuse or rape, the penalties can be increased by up to half. For the crime of rape, this can mean up to 45 years in prison, and for sexual abuse, up to 20 years in prison when two or more people engage in sexual acts against minors.
The Mexican criminal process explained in English
