MEXICO
CHILD SEX ABUSE SOLs
Current Criminal SOL
Crimes |
Custodial Sentence | SOL *1 |
| Online grooming *2 | 4 up to 8 yearscustodial sentence |
6 years from the commission of the crime Tolling (suspension) None |
| Distribution of pornographic material to children *3 |
Basic type: 6 months up to 5 years custodial sentence. Aggravated type (art 205.bis. Mex.Fed. crim.Code). Basic Penalty doubled if aggravating circumstances |
3 years (minimum criminal SOL). Until victim reaches 21 years. Tolling (suspension) SOL Until victim turns 18 yo |
|
Sexual corruption of minors *4
|
Basic type: 7 up to 12 years Aggravated type (art 205.bis. Mex.Fed. crim.Code). Basic Penalty doubled if aggravating circumstances |
9 years and half. Until victim reaches 27 y and half Tolling (suspension) SOL Until victim turns 18 yo
|
| Producing & distributing child sex abuse material *5 | 7 up to 12 years custodial sentence |
9 years and half. Until victim turns 27 and half. Tolling (suspension) SOL Until victim turns 18 yo
|
|
Possession child sex abuse material *6
|
1 up to 5 years custodial sentence |
3 years. Tolling (suspension) SOL Until victim turns 18 yo
|
| Promoting tourism with the intent to commit child sex exploitation *7 | 7 up to 12 years custodial sentence |
9 years and half from the time of commission (there’s no victim). Tolling (suspension) SOL Until victim turns 18 yo |
|
Committing child sex exploitation during touristic travel *8
|
12 up to 16 years custodial sentence
|
14 years. Until victim turns 32 years Tolling (suspension) SOL Until victim turns 18 yo |
| Commercial child sexual exploitation *9 |
Basic type: 8 up to 15 years Aggravated type (art 205.bis. Mex.Fed. crim.Code). Basic Penalty doubled if aggravating circumstances |
13 years and 6 months. Until victim turns 31 years and 6 months. Tolling (suspension) SOL Until victim turns 18 yo |
| Failure to prevent/ report a child sex abuse crime *10 |
6 months up to 3 years |
3 years. Until victim reaches 21 years Tolling (suspension) SOL Until victim turns 18 yo |
|
Pederasty *11
|
Basic type: 9 up to 18 years custodial sentence Aggravated type: Basic sentence increased by half. 13 years and 6 months up to 27 years. |
13 years and 6 months. Until victim turns 31 years and 6 months Tolling (suspension) SOL Until victim turns 18 yo |
| Sexual harassment *12 | Fine of 800 days |
1 year (as penalty is a fine). Until victim reaches 19 years Tolling (suspension) SOL Until victim turns 18 yo |
|
Sexual abuse *13
|
Basic type:6 up to 10 years Aggravated type: Basic penalty increased by half. 9 up to 15 years custodial sentence
|
Basic type: 8 years (arithmetic average addition minimum and maximum custodial sentence) . Until victim reaches 26 years. Aggravated type: 12 years Tolling (suspension) SOL Until victim turns 18 yo
|
| Statutory sexual abuse *14 |
No SOL |
9 years and 6 months. Until victim reaches 27 y 6 months. Aggravated type: 14y 6 M years Tolling (suspension) SOL Until victim turns 18 yo
|
| Rape of teenager using deception. *15 | 3 months up to 4 years custodial sentence |
3 years (minimum criminal SOL, you don’t calculate arithmetic average). Until victim turns 21 years. Tolling (suspension) SOL Until victim turns 18 yo |
| Rape *16 | 8 up to 20 years |
14 years (until victim turns 32 years) Tolling (suspension) SOL Until victim turns 18 yo |
| Statutory rape *17 | 8 up to 30 years |
19 years (until victim turns 37 years) Tolling (suspension) SOL Until victim turns 18 yo |
| Human trafficking *18 | 5 up to 15 years custodial sentence |
10 years. Until victim is 28 years Tolling (suspension) SOL Until victim turns 18 yo |
| Benefiting from child commercial exploitation of a child trafficking victim *19 |
Basic type: 15 up to 30 years Aggravated type (i.e. physical/ psychological force/deception, abuse of power/trust) : basic type increased by half. 22 years and half up to 45 years. |
22 years and 6 months. Until victim is 40 years and 6 months Aggravated Criminal Tolling (suspension) SOL Until victim turns 18 yo |
| Possession of child sex abuse material of a child trafficking victim *21 | 5 up to 15 years |
7 years and 6 months. Until victim turns 25 years and 6 months. Tolling (suspension) SOL Until victim turns 18 yo |
| Promoting sexual tourism with the intent to commit child sex exploitation with a child trafficking victim *22 | 15 up to 25 years. |
20 years. There’s no victim yet (Please Confirmed. Unclear) Tolling (suspension) SOL None |
Query local lawyer :
Does aggravated subtypes of certain crimes not only have a higher penalty range but also a higher criminal statute of limitations (example sexual abuse or statutory sexual abuse art 260 and 261 Mex.Fed.Crim.Code).
According to the answer can you please adapt the table
Summary: The statute of limitations varies from 3 to 33 years depending on the crime and the aggravating circumstances.
*1 Art 102, 104, 105, 107 Mex.Fed. Crim.Code
*2 Art 199 septies Mex.Fed. Crim.Code
*3 Art 200 Mex.Fed. Crim.Code
*4 Art 201.f Mex.Fed. Crim.Code
*5 Art 202. Mex. Fed.Code
*6 Art 202.bis Mex. Fed.Code
*7 Art 203 Mex. Fed.Code
*8 Art 203.bis Mex. Fed.Code
*9 Art 204 Mex. Fed.Code
*10 Art 209 Mex. Fed.Code
*11 Art 209.bis Mex. Fed.Code
*12 Art 259.bis Mex. Fed.Code
*13 Art 260 Mex. Fed.Code
*14 Art 261 Mex. Fed.Code
*15 Art 262 Mex.Fed.Crim.Code
*16 Art 265 Mex.Fed. Crim.Code
*17 Art 266 Mex.Fed. Crim.Code
*18 Art 10
*19 Art 13
*20 Art 16 Please Confirm the Articles
*21 Art 17
*22 Art 18
Criminal SOL History
Age Cap |
|
By 2010 |
In April 2010 Mexican Congress approved the “Decree amending and adding various provisions of the Federal Penal Code; of the Federal Code of Criminal Procedures; of the Law for the Protection of the Rights of Children and Adolescents; of the General Education Law; of the Law of Religious Associations and Public Worship; of the Federal Consumer Protection Law and the Regulatory Law of Constitutional Article 5 regarding the exercise of professions in the Federal District”. The new law added a new article to the Federal Criminal Code, art 107.bis which established that the statute of limitations of the crimes described in Title VIII of Book II of the Federal Criminal Code* which were committed against a victim who was a minor, shall start to run from the time the victim reaches the age of majority |
2012 |
In June 2012 Mexican Congress approved the “Decree amending and adding various provisions of the Federal Penal Code, the General Law on Women’s Access to a Life Free of Violence, the Organic Law of the Federal Public Administration and the Organic Law of the Attorney General’s Office”. It added paragraph III to article 107.bis which established that in cases of crimes against the freedom and normal psychosexual development**, as well as those established in the law to prevent and punish human trafficking***, when they are committed against a person under eighteen years of age, the time limitation rules of the criminal action contained in this chapter (i.e. Chapter VI, Title V, Book I Mex. Fed. Crim. Code), but the start of the computation of the limitation term will begin from the day on which the victim reaches the age of majority. |
Concordat: N/A
Current Mexico Criminal Code:
ARTICLE 102
The limitation terms for the prescription of criminal action will be continuous; the modalities of
the crime shall be taken into account. They will will be counted:
I. From the moment the crime was committed, if it were instantaneous;
II. From the day on which the last act of execution was carried out or the due conduct was
omitted, if the crime was attempted;
III. From the day on which the last conduct was carried out, in the case of a continuing crime; Y
IV. From the cessation of the consummation in the permanent crime.
ARTICLE 104
The penal action statute of limitations runs out in one year, if the crime only deserved a fine; if
the crime deserves, in addition to this sanction, a custodial sentence or an alternative sentence,
the statute of limitations for prescription of the action to pursue the custodial sentence will be
followed; The same will be observed when it is appropriate to impose any other accessory
sanction.
ARTICLE 105.
The statute of limitations for the criminal action shall expire in a period equal to the arithmetic
mean term of the custodial sentence established by law for the crime in question but in no case
shall it be less than three years.
ARTICLE 107.BIS
The criminal statute of limitations of the crimes provided for in the Eighth Title of the Second
Book of this Code committed against a victim who is a minor, will begin to run from the time the
victim reaches the age of majority.
In the case of those people who do not have the capacity to understand the meaning of the act
or of people who do not have the capacity to resist it, it will run from the moment in which there
is evidence of the commission of those crimes before the Public Ministry.
In cases of crimes against freedom and normal psychosexual development, as well as those
provided for in the Law to prevent and punish Trafficking in Persons, which have been
committed against a person under eighteen years of age, the rules for the statute of limitations
of the criminal action contained in this chapter will be followed, but the start of the computation
of the limitation term will begin from the day on which the victim reaches the age of majority.