Background and Relevance of the Case
On August 13, 2025, the First Collegiate Proceedings Chamber of Mexico’s Supreme Court of Justice (SCJN) resolved a case involving a man sentenced to 15 years in prison for the crime of human trafficking, specifically for sharing video recordings involving minors under 18 engaging in sexual acts.
This case highlights the importance of addressing child sexual exploitation and the severity of penalties for those involved in such heinous crimes. The man in question challenged the constitutionality of the 15-30 year penalty outlined in Article 16 of Mexico’s General Law to Prevent, Punish, and Eradicate Crimes Related to Human Trafficking.
The Defendant’s Argument and Court’s Decision
The defendant argued that the law imposes equally severe penalties on those who produce and distribute child sexual exploitation material, which he considered unjust. The Tribunal Colegiado dismissed his amparo (a legal protection mechanism in Mexico), leading the case to be reviewed by the SCJN.
After careful examination, the First Collegiate Proceedings Chamber emphasized the complexity of human trafficking, a grave violation of human dignity that necessitates stringent sanctions, especially when it involves children and adolescents.
The court determined that imposing a high penalty is reasonable, given the profound impact that producing and disseminating such material can have on the development and well-being of minors.
Ultimately, the SCJN concluded that the penalty does not violate the constitutional principle of proportionality, as all crimes related to human trafficking of minors carry similar penalties.
Unanimous Decision and Final Outcome
By a unanimous decision of five votes, the SCJN upheld the original sentence and denied the requested amparo. The case was resolved on August 13, 2025, within the framework of the direct amparo review 429/2025, with Minister Loretta Ortiz delivering the ruling.
Key Questions and Answers
- What was the case about? A man was sentenced to 15 years in prison for sharing video recordings involving minors engaging in sexual acts, which he appealed based on the constitutionality of the penalty.
- What law was being challenged? The defendant questioned the constitutionality of Article 16 in Mexico’s General Law to Prevent, Punish, and Eradicate Crimes Related to Human Trafficking.
- Why did the SCJN uphold the sentence? The court determined that the high penalty is reasonable, considering the severe impact of producing and distributing child sexual exploitation material on minors’ development and well-being.
- What was the unanimous decision? The SCJN upheld the original 15-year sentence and denied the requested amparo by a unanimous vote of five justices.
