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  1. #1
    Senior Member
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    Jun 2006
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    Is Prostitution legal in Mexico and Tijuana?

    The question is Prostitution legal in Tijuana comes up often? We assume that it is, as most everybody is in agreement that Tijuana has a 'zone of tolerance, where you could pick up a Mexican sex worker BG, or an Street Girl, SG, and have sex with her without any trouble from the law. We also know you can go to Revolution and have sex in a massage parlor, again without any trouble from the law.'

    But the question still remains is Prostitution legal in the zona, or are the police just told to look the other way, and how about outside the zona. { I personally was caught outside the zona, but quickly paid the $40 bribe, and never had the chance to find out from the judge, if what I did do was illegal?}

    It's here we get conflicting information. We have people like Burt that say, it's legal and but restricted to the zona, where the laws of public manifestation is limited to certain area.

    With the recent new laws for MP workers to get health cards, and to follow certain health practices like changing sheets, and covering furniture in plastic, we are getting new opinions on the legal status of prostitution in Tijuana. There is a New York Times article that explains, that the city government just understands the reality of the situation, that they can't stop prostitution, but at least they can regulate the health aspects, as they are concerned about HIV and AIDS. According to the article, and many other articles on the WEB, Prostitution is still illegal on the books in Tijuana.

    One of the best source of information I found was on some WSG legal thread in 1997. The writers looked at the information on CONASIDA, and found under current regulation, called the abolitionist system, 'the authorities don't even recognize the existence of prostitution.There are no official red light districts that is recognized by the government, and the activity is considered a private matter between women and men.' The only crimes found are only again corruption of minors, and of course Pimping and pandering are never allowed.

    This guy just couldn't find anything about prostitution in the legislative code websites, and I can't find anything either, only in article on the web, that may or may not be accurate.

    Prostitution does seems regulated at the state level, where the same guy found 3 states out of 32 that regulates prostitution in some way, including Baja California, where Tijuana is. However, it's regulated on a 'health level' not a criminal level, just like you have zoning laws, and business laws, the same thing with prostitutes. All the Mexican government seems to require is the sex worker gets registered and gets check ups to help avoid STDS and gets checked for HIV. The government also wants to make sure you don't engage a sex worker in a public place also.

    That still leave open the question what will happen to you if you are caught with a sex worker outside the zona, riding in the car with you, or if you are caught soliciting her outside the zona, maybe with an escort, and if push comes to shove, can a TJ cop not look the other way for once, and decides to fuck with you and arrest for you soliciting in the zona or on Revolution? Can they, even if it's highly unlikely they would even bother someone in the zona.

    NEW YORK TIMES ARTICLE:

    http://www.medicalnewstoday.com/medi...p?newsid=34908

    Goliath says:
    Prostitution in Mexico is not criminalized. Although there are no laws specifically defining commercial sex as a criminal activity in Mexico, most states in Mexico regulate prostitution (Del Rio & Sepulveda, 2002). Baja California is among the states that regulate sex work. A registry of sex workers is maintained, periodic medical exams for sex workers are required, and the activity is confined to the authorized area of town or designated establishment.
    http://goliath.ecnext.com/coms2/summ...742_ITM...damn link.

    Del Rio $ Sepulveda has some real good legal stuff about Mexico, but it's rather long.
    Last edited by Fireballs; 02-18-2007 at 01:06 AM.

  2. #2
    Senior Member
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    San Diego-Tijuana Metropolitan Area
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    Quote Originally Posted by Fireballs quoting somebody"
    The activity is considered a private matter between women and men
    That's my understanding of the law in TJ.

    I'd like those who say prostitution per se is illegal in TJ to cite the statute. I don't think they can because I don't think it exists.

    This is a topic (like the need for an Rx to buy Viagra) is one on which I doubt people will ever agree. Below is what I've posted on another site.

    --------------------------------------------------------------------

    Here is my understanding of the law governing prostitution in Tijuana. I have an acquaintance that is now an attorney. He has a visa and I took him to Donovanís to celebrate his passing the bar. What follows is what he told me during our dinner.

    As in the US, there is no Mexican national law governing prostitution. Itís a matter of state and municipal law so consequently the law on prostitution varies throughout Mexico. The following applies to Tijuana.

    The law is silent on the act of prostitution; hence it is legal. However, many prostitution related activities are illegal.

    --Public manifestation of prostitution is illegal.
    --Pimping and pandering is illegal.
    --Running a brothel is illegal.
    --Corruption of minors is illegal.
    --Public nudity/sex is illegal. (No nude sunbathing. Donít do it in a car or the movies)
    --Driving while embracing a passenger is illegal.

    Public manifestation of prostitution is something like solicitation in the US. In the Zona Norte many prostitution laws are not enforced. Hence you see chicas in the bars and on the sidewalks soliticing business.

    A health card is required for a chica to engage in public manifestation of prostitution and/or work in certain types of establishments. This is slightly different than needing a health card to engage in prostitution per se.

    Also, prostitution is illegal if the prostitute lacks mental capacity. Usually this is viewed as the prostitute being mentally retarded. But technically it could be applied to an intoxicated bar girl. Hotel entrances are usually located outside the bar. That's to help protect them from being considered a brothel.

    So can you and a chica walk hand in hand to a hotel outside the Zona Norte? Yes, but if the cops decide you are engaged in public manifestation of prostitution you could have problems. If you can prove you are really boyfriend/girlfriend then no worries, otherwise you could be made to pay a fine. (Up to about $135.00. See: http://www.tijuana.gob.mx/Turismo/To...glish/pag6.asp
    And http://www.tijuana.gob.mx/Reglamentos/)

    Prostitution in and of itself is not illegal, but being seen engaging in prostitution is illegal. Whatís the difference? Thatís hard to say, so be careful outside a Zone of Tolerance.

 

 
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