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Law / Mexico

Código Penal Federal, Violación a la Intimidad Sexual (Arts. 199 Octies a 199 Decies), including manipulated or non-corresponding depictions

Código Penal Federal Título Séptimo Bis, Capítulo II, arts. 199 Octies, 199 Nonies, 199 Decies, adicionados por decreto publicado en el Diario Oficial de la Federación el 1 de junio de 2021

In force since .

An AI prohibited practices rule binding public and private bodies.

Obligation class
Prohibition
Audit expectation
none
Setting the rule reaches
General

What it requires

  • Do not create, distribute, share, or publish images, videos, or audio depicting a person's intimate sexual content without their consent, approval, or authorisation.
  • Where the depicted person's face, voice, or likeness does not actually correspond to the identified person, such as a manipulated or AI-generated depiction, the same criminal prohibition and penalty apply as for genuine, unaltered intimate sexual content.

These lines are LexLint's reading of the law's text.

In the frameworks

NIST AI RMF
  • MAP 3.3Targeted application scope is specified and documented based on the system’s capability, established context, and AI system categorization.
NIST AI 600-1
MIT mitigations Draft
  • 1.5Safety Decision Frameworks
  • 3.3Access Management
NIST Privacy Framework
  • CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
FINOS AIGF
ETSI EN 304 223
  • 5.1.2-1Business need and security risks written down and assessed before deciding to build an AI system.
  • 5.1.4-5End-users told which uses of the system are prohibited.

Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law

Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.

If you get it wrong

Criminal exposureYes

Criminal exposure note

Article 199 Octies and Article 199 Nonies each carry 3 to 6 years' imprisonment and a fine of 500 to 1,000 times the Unidad de Medida y Actualización (UMA). Article 199 Decies increases the minimum and maximum of that range by up to one half for the aggravating circumstances it lists (a spouse, partner, or person of trust; a public servant acting in that capacity; a victim unable to understand or resist; non-lucrative or lucrative benefit; or an attempt on the victim's own integrity or life as a consequence). The fine is denominated in UMA multiples rather than a fixed peso amount, and the statute itself states no peso conversion.

What it makes you log

Logging duty

Articles 199 Octies to 199 Decies criminalise divulging, producing, or aggravating non-consensual intimate content, including a manipulated or AI-generated depiction that does not correspond to the identified person; none of the three articles states a duty to create, keep, or produce a log or record.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Article 199 Octies criminalises, for any person, divulging, sharing, distributing, or publishing images, videos, or audio of intimate sexual content of an adult without their consent, approval, or authorisation, and separately criminalises video-recording, audio-recording, photographing, printing, or producing such content of a person without their consent, approval, or authorisation, each carrying 3 to 6 years' imprisonment and a fine of 500 to 1,000 times the Unidad de Medida y Actualización (UMA).

Article 199 Nonies imposes the same penalties where the intimate sexual images, videos, or audio disseminated, shared, distributed, or published do not actually correspond to the person indicated or identified in them: the article's text requires only that the disseminated content not correspond to the identified person, without regard to how the non-corresponding depiction was produced, so it reaches a manipulated, fabricated, or AI-synthesised depiction of a person's face or voice in intimate sexual content on the same terms as any other non-corresponding depiction.

Article 199 Decies increases the minimum and maximum penalty by up to one half where the offence is committed by a spouse, partner, or person in a relationship of trust with the victim; by a public servant in the exercise of their functions; against a person unable to understand or resist the act; for non-lucrative benefit; for profit; or where the victim, as a consequence of the offence, attempts against their own physical integrity or life.

When LexLint raises it

When your app profile says your app generates audio with AI, generates images with AI, generates video with AI or publishes adult content.

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