Age of consent in Mexico

Minimum age of consent in Mexico by state.

  Puberty

  12

  13

  14

  15

  16

  18

Stripes: Jalisco allows 15 if seduction refuted. Mexico allows 13 if the difference in age is less than 5 years

Each Mexican state sets the minimum age of consent for sex outside marriage by statute. These vary between 10 and 15. The federal government sets an age of 18, and there are statutory rape (estupro) laws that prohibit deception and often seduction in order to have sex with a minor over the minimum age of consent. For example, Sinaloa sets the minimum age at 10, but presumes that any sex between an adult and a minor under 16 is statutory rape; sex with a minor over 16 is also prosecutable, though usually only at the request of the minor or their legal guardians.

Legislative framework

In Mexico, criminal legislation is shared between the federal and state governments. The federal law establishes the age of 15 as the minimum age of consent, while the age at which there are no restrictions for consensual sexual activities is 18 (sex with someone 15–18 is not illegal per se, but can still be open to prosecution under certain circumstances). Local state laws may override the federal law. In practice, the decision as to whether or not to prosecute is left to state authorities regardless of the younger person's age. At state level, the minimum ages of consent vary between 12 and 15, while the age at which there are no restrictions for consensual sexual activities is 18.

Estupro laws

Estupro, or statutory rape, is a crime in all states. Although the definitions vary by state, it is usually defined as sexual conduct with a child who has reached the minimum age of consent but is under 18 when the consent of the child is obtained by deceit or seduction. For instance the law of Aguascalientes formerly read: "El estupro consiste en realizar cópula con persona mayor de doce y menor de dieciséis años de edad, obteniendo su consentimiento por medio de seducción o engaño." (translation: Statutory rape consists in copulating with a person over twelve and under sixteen years old, obtaining his/her consent through seduction or deceit). Traditionally, estupro applied only to acts committed with a girl, and required "chastity" or "honesty" of the girl. The vast majority of Mexican states have modernized their laws by removing the requirement of "chastity" or "honesty" and by making the laws gender-neutral. However, traditional laws still exist in some states:^{[ when? ]} for instance, the law of Baja California reads: Al que realice cópula con mujer de catorce años de edad y menor de dieciocho, casta y honesta, obteniendo su consentimiento por medio de la seducción o el engaño (translation: "Whoever copulates with a chaste and honest female over fourteen and under eighteen years old, obtaining her consent through seduction or deceit"). All states but Baja California have removed the requirement of "chastity" or "honesty" and the definition of estupro as applicable only to girls. The exact type of coercion that must be used varies by state, for example the Federal Law only makes reference to "deceit", omitting "seduction" (it reads: Al que tenga cópula con persona mayor de quince años y menor de dieciocho, obteniendo su consentimiento por medio de engaño, translation: "Whoever copulates with a person over fifteen and under eighteen years old, obtaining his/her consent through deceit"). ^{[1] [2]}

Federal law

Article 261 of the Federal Criminal Code (PDF) states that: Whoever, without the purpose of reaching copulation, performs a sexual act in a person under 15 or in a person that has no capacity of understanding the meaning of the act or that for any reason cannot resist, or demands that the act is performed, will be punished with a term of 2 to 5 years in prison. If the offender uses moral or physical violence, an extra half term is added to the initial time. Article 262 reads, Whoever has intercourse with a person over twelve years of age and under eighteen, obtaining their consent by means of deception, will be sentenced to three months to four years in prison. This crime of estupro, however, is prosecuted only through a complaint of the minor or his/her parents or legal guardians, as determined in Article 263.

Article 266 refers to the previous article 265, which covers the rape of adults in general and establishes a term of 8 to 14 years in prison for sex obtained through physical or moral violence. Article 266 then states that: "It is equivalent to rape and will be punished with the same penalty: (1st Clause) – who without violence performs a copulation with a person under 15". The 3rd Clause of this article punishes with the same penalties also "the vaginal or anal introduction of objects, without violence and with lascivious goals", in a person under 15 or in a person that has no capacity of understanding the meaning of the fact, or for any reason cannot resist. If any of the aforementioned acts is performed with physical or moral violence, the sentence is raised in up to a half.

A further article, 266 Bis, determines an extra penalty of up to a half under certain circumstances – (a) when there are multiple offenders; (b) when the offense is committed by a parent, legal guardian, stepfather or "companion" (amasio) of the mother; (c) when there is an abuse of authority of someone as a civil servant; (d) when the crime is committed by a person who has the minor under their custody, guard or education, or yet through the abuse of trust.

Article 201 prohibits the "corruption" of a minor under 16. ^[3]

State laws

Updated between 2023 and 2024.

State	Minimum age of consent (sex with persons under this age is always illegal)	Age at which there are no restrictions (sex with persons below this age is not illegal per se, but it is still open to prosecution)	"Violación equiparada"	"Estupro"
Aguascalientes	15	18	118	118
Baja California	14	18	177 Archived 3 April 2020 at the Wayback Machine	182 Archived 3 April 2020 at the Wayback Machine
Baja California Sur	12	18	286	290
Campeche	18 (statutory rape if over 14 and with consent, simple rape otherwise)	18	162 Archived 12 December 2019 at the Wayback Machine	164 Archived 12 December 2019 at the Wayback Machine
Chiapas	14	18	235 Archived 12 December 2019 at the Wayback Machine	239 Archived 12 December 2019 at the Wayback Machine
Chihuahua	14	18	172	177
Coahuila	15	18	229 Archived 30 June 2020 at the Wayback Machine	235 Archived 30 June 2020 at the Wayback Machine
Colima	14	18	146	148
Durango	14	18	177	181
Guanajuato	14	18	181 Archived 12 December 2019 at the Wayback Machine	185 Archived 12 December 2019 at the Wayback Machine
Guerrero	12	18	179 Archived 14 December 2018 at the Wayback Machine	187 Archived 14 December 2018 at the Wayback Machine
Hidalgo	15	18	180 Archived 10 January 2020 at the Wayback Machine	185 Archived 10 January 2020 at the Wayback Machine
Jalisco	18 (15 if seduction is refuted)	18	142-L, 142-M	142-L, 142-M
México	15; 13 if age difference is < 5 yrs	18	273	271
Mexico City	15	18	261-263	261-263
Michoacán	12	18	240 Archived 12 December 2019 at the Wayback Machine	170 Archived 12 December 2019 at the Wayback Machine
Morelos	12	18	154	159
Nayarit	puberty (upon request of child/guardians; deceit presumed)	18	258-259	258-259
Nuevo León	13	18	267	262
Oaxaca	12	18	241	243 Archived 12 December 2019 at the Wayback Machine
Puebla	14 (estupro presumed if age difference is greater than 3 yrs)	18	272	264, 265
Querétaro	14	18	161 Archived 14 February 2019 at the Wayback Machine	167 Archived 14 February 2019 at the Wayback Machine
Quintana Roo	14	18	127	130
San Luis Potosí	14	18	173 Archived 12 December 2019 at the Wayback Machine	179 Archived 12 December 2019 at the Wayback Machine
Sinaloa	12 (deceit presumed if under 16)	18	180	184
Sonora	12	18	219	215
Tabasco	14	18	153	153
Tamaulipas	15	18	270	270
Tlaxcala	14	18	289	291
Veracruz	14	18	189	186
Yucatán	15	18	315	311
Zacatecas	15	18	237.1	237.4

All Mexican states (as well as Mexico City) have corruption of minors statutes that can, upon complaint of the family (or minor), be used to punish sexual relations with persons under eighteen. Although actual prosecutions for violations of Corruption of Minors statutes (and age of consent statutes in general) tend to be sporadic, regional, and very situation dependent, many Mexican states nonetheless classify Corruption of Minors as a "Delito Grave" (Major Crime) in their penal codes.

Additionally, all states have statutory-rape laws that can, upon complaint of the family (or minor), be used to prosecute adults who engage in sexual intercourse with minors by seduction or deceit (the exact definitions of this crime vary by state, see section estupro, above).

In some Mexican jurisdictions, prosecutors have chosen to prosecute consensual sexual activity involving adults and underage minors only upon complaint by the minor, or a custodial complaint.

Mexico City

The age of consent in Mexico City is 15, and the overall criminal legislation of Mexico's capital is close to that of the federal law regarding this subject, although tougher in some aspects – higher penalties and broader definitions.

According to the Estatuto del Gobierno del Distrito Federal (PDF)(in Spanish) (Government Statute of the Federal District), Article 42, Clause XII, the District's Legislative Assembly has powers to legislate in criminal law.

Article 175 of the Federal District Criminal Code refers to the previous Article 174, which stipulates a term of 6 to 17 years of prison for the rape of adults, while defining copulation as "the introduction of the penis in the human body through the vagina, anus or mouth". Article 175 (violación) then states that: "It is equivalent to rape and will be punished with the same penalty:" (first clause) – "who performs a copulation with a person under 12 years of age or with a person that has no capacity of understanding the meaning of the act or that for any reason cannot resist"; the second clause defines whosoever "introduces in the vagina or anus any element, instrument or any part of the human body different from the penis" as having committed the same crime, in relation to these same persons.

Article 177 covers "sexual abuse" and punishes other acts referred as "unintentional" acts –"who without purpose of reaching copulation, performs a sexual act with a person under 12 or a person that has no capacity of understanding the meaning of the act or that for any reason cannot resist it, or that demands that such act is observed or performed, will be punished with 2 to 7 years in prison".

In both Articles (175 and 177), there is an extra half term in case of physical or moral violence. And according to Article 178, there is also a punishment of an extra two thirds of the term under the same circumstances foreseen in Article 266 Bis of the Federal Law (see above), added by two new circumstances – (clause V) when the victim is inside a private vehicle or a public service vehicle; and (clause VI) when the crime is committed in a desert or isolated place.

There is a crime called estupro stipulated in Article 180, which refers to consented sex with adolescents aged 12 to 18, when consent is obtained through any means of deceit. The penalty is 6 months to 4 years of prison. This crime needs a complaint (querella) to be prosecuted.

There is a Corruption of Minors statute (Article 184) that can be used to punish by imprisonment, for seven to twelve years, adults who engage in sexual relations with persons under eighteen. This situation exists all over Mexico, and can be prosecuted upon complaint of victim or the victim's family.

References

1. "Estupro: Legislación Penal en las Entidades Federativas" [Estupro: Criminal Legislation in the Federal Entities](PDF) (in Spanish). Archived from the original (PDF) on 4 March 2016. Retrieved 10 November 2014.
2. "Instituto de Investigaciones Jurídicas – UNAM". Archived from the original on 1 December 2016. Retrieved 10 November 2014.
3. "Legislation of Interpol Member States on Sexual Offences Against Children: Mexico" (PDF). Interpol. Archived from the original (PDF) on 29 February 2008. Retrieved 16 February 2011.