Current Version
| Region | Mexico |
| Issue | Homosexual activity |
| Status | Legal |
| Start Date | Oct 5, 1929 |
| End Date | (none) |
| Description | This previous Penal Code from 1872 was replaced in 1929. The new legal order aimed to modify the legal architecture of the Porfirio Díaz dictatorship, which was based on penal repression, to align it with the context of the constitutional guarantees and social justice proclaimed by the Mexican Revolution of 1910. Once again, any notion of homosexuality (both male and female) was formally excluded from the document. The potential criminalization allowed by the previous code due to the vagueness of the sanctions related to 'offenses against public morality and good customs' is now technically limited solely to a prohibition of pornography. Thus, Article 536 536 (Second Book; Title 8 'Crimes against Public Morality'; Chapter I 'Offenses against Public Morality or Good Customs') mentions imprisonment and fines for those who reproduce or manufacture obscene writings, images, or objects, as well as for those who display or commercialize such obscene expressions in public. Again, in 1931, the penal code was substituted by the one that still governs at the federal level today. However, in 1966, Article 201 (Third Book; Title 8 'Crimes against Public Morality and Good Customs'; Chapter II 'Corruption of Minors') was reformed, and for the first time, a reference to homosexuality appeared. It established imprisonment for anyone who induces or incites a minor under 18 years old to engage in 'homosexual practices.' The penalty was doubled if the act was repeated and resulted in the minor 'acquiring habits of homosexual practices.' Finally, those last provisions that indirectly incited the criminalization of homosexuality were eliminated in the 1999 reform. |
| Sources | https://www.dof.gob.mx/nota_to_imagen_fs.php?codnota=4436262&fecha=05/10/1929&cod_diario=186990 https://www.dof.gob.mx/nota_to_imagen_fs.php?codnota=4651270&fecha=14/01/1966&cod_diario=200230 https://www.dof.gob.mx/nota_to_imagen_fs.php?codnota=4954643&fecha=30/09/1999&cod_diario=148746 |
| Federal Law | Yes |
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Revision History (4)
edited by Unknownmiles. setting as federal law
Helpful?
0 | Old Value | New Value (Current) | |
|---|---|---|
| Federal Law | No | Yes |
edited by Unknownmiles. fixing grammar of sentence
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Description | This Penal Code was replaced in 1929. This new legal order aimed to modify the legal architecture of the Porfirio Díaz dictatorship, which was based on penal repression, to align it with the context of the constitutional guarantees and social justice proclaimed by the Mexican Revolution of 1910. Once again, any notion of homosexuality (both male and female) was formally excluded from the document. The potential criminalisation allowed by the previous code due to the vagueness of the sanctions related to 'offenses against public morality and good customs' is now technically limited solely to a prohibition of pornography. Thus, Article 536 536 (Second Book; Title 8 'Crimes against Public Morality'; Chapter I 'Offenses against Public Morality or Good Customs') mentions imprisonment and fines for those who reproduce or manufacture obscene writings, images, or objects, as well as for those who display or commercialize such obscene expressions in public. Again, in 1931, the penal code was substituted by the one that still governs at the federal level today. However, in 1966, Article 201 (Third Book; Title 8 'Crimes against Public Morality and Good Customs'; Chapter II 'Corruption of Minors') was reformed, and for the first time, a reference to homosexuality appeared. It established imprisonment for anyone who induces or incites a minor under 18 years old to engage in 'homosexual practices.' The penalty was doubled if the act was repeated and resulted in the minor 'acquiring habits of homosexual practices.' Finally, those last provisions that indirectly incited the criminalization of homosexuality were eliminated in the 1999 reform. | This previous Penal Code from 1872 was replaced in 1929. The new legal order aimed to modify the legal architecture of the Porfirio Díaz dictatorship, which was based on penal repression, to align it with the context of the constitutional guarantees and social justice proclaimed by the Mexican Revolution of 1910. Once again, any notion of homosexuality (both male and female) was formally excluded from the document. The potential criminalization allowed by the previous code due to the vagueness of the sanctions related to 'offenses against public morality and good customs' is now technically limited solely to a prohibition of pornography. Thus, Article 536 536 (Second Book; Title 8 'Crimes against Public Morality'; Chapter I 'Offenses against Public Morality or Good Customs') mentions imprisonment and fines for those who reproduce or manufacture obscene writings, images, or objects, as well as for those who display or commercialize such obscene expressions in public. Again, in 1931, the penal code was substituted by the one that still governs at the federal level today. However, in 1966, Article 201 (Third Book; Title 8 'Crimes against Public Morality and Good Customs'; Chapter II 'Corruption of Minors') was reformed, and for the first time, a reference to homosexuality appeared. It established imprisonment for anyone who induces or incites a minor under 18 years old to engage in 'homosexual practices.' The penalty was doubled if the act was repeated and resulted in the minor 'acquiring habits of homosexual practices.' Finally, those last provisions that indirectly incited the criminalization of homosexuality were eliminated in the 1999 reform. |
Show Difference | ||
edited by Unknownmiles. removing federal law temporarily
Helpful?
0 | Old Value (Original) | New Value | |
|---|---|---|
| Federal Law | Yes | No |
created by Alejandro_Ramirez
Helpful?
0 | Original entry | |
|---|---|
| Status | Legal |
| Federal Law | Yes |
| Start Date | Oct 5, 1929 |
| End Date | (none) |
| Description | This Penal Code was replaced in 1929. This new legal order aimed to modify the legal architecture of the Porfirio Díaz dictatorship, which was based on penal repression, to align it with the context of the constitutional guarantees and social justice proclaimed by the Mexican Revolution of 1910. Once again, any notion of homosexuality (both male and female) was formally excluded from the document. The potential criminalisation allowed by the previous code due to the vagueness of the sanctions related to 'offenses against public morality and good customs' is now technically limited solely to a prohibition of pornography. Thus, Article 536 536 (Second Book; Title 8 'Crimes against Public Morality'; Chapter I 'Offenses against Public Morality or Good Customs') mentions imprisonment and fines for those who reproduce or manufacture obscene writings, images, or objects, as well as for those who display or commercialize such obscene expressions in public. Again, in 1931, the penal code was substituted by the one that still governs at the federal level today. However, in 1966, Article 201 (Third Book; Title 8 'Crimes against Public Morality and Good Customs'; Chapter II 'Corruption of Minors') was reformed, and for the first time, a reference to homosexuality appeared. It established imprisonment for anyone who induces or incites a minor under 18 years old to engage in 'homosexual practices.' The penalty was doubled if the act was repeated and resulted in the minor 'acquiring habits of homosexual practices.' Finally, those last provisions that indirectly incited the criminalization of homosexuality were eliminated in the 1999 reform. |
| Sources | https://www.dof.gob.mx/nota_to_imagen_fs.php?codnota=4436262&fecha=05/10/1929&cod_diario=186990 https://www.dof.gob.mx/nota_to_imagen_fs.php?codnota=4651270&fecha=14/01/1966&cod_diario=200230 https://www.dof.gob.mx/nota_to_imagen_fs.php?codnota=4954643&fecha=30/09/1999&cod_diario=148746 |