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-Editorial
The Baja California Legislature has unanimously approved a reform to the state’s Penal Code that classifies the use of artificial intelligence as an aggravating factor in crimes involving identity theft and offenses against personal privacy and image.
The measure, passed Sunday by an 18-0 vote with no abstentions, amends Article 175 Quinquies of the Baja California Penal Code. The proposal was introduced by state Rep. Santa Alejandrina Corral Quintero of the National Action Party.
According to the legislative record, the reform responds to a rise in digital fraud and technology-facilitated crimes linked to the growing availability of artificial intelligence tools on social media and online platforms. Lawmakers cited cases involving the illegal extraction, manipulation, and alteration of personal data — including images and voice recordings — that have resulted in harm to individuals’ reputation, honor, and privacy.
During the presentation of the initiative, Corral Quintero said that artificial intelligence has enabled the manipulation of faces, voices, and images to create false scenarios that appear real, posing new risks to personal identity and intimacy. She argued that current legal provisions did not clearly establish enhanced penalties for crimes committed with such technologies, such as identity theft or attacks on personal privacy and image.
The legislative analysis also referenced emerging forms of digital fraud, including identity impersonation during real-time video calls and the manipulation of facial recognition systems to gain access to bank accounts or other restricted platforms. Lawmakers said these practices demonstrate how artificial intelligence can be used to expand the scope and impact of traditional crimes.
Under the reform, the use of artificial intelligence in the commission of crimes affecting identity, privacy, or image will be considered an aggravating circumstance, allowing judges to impose more severe penalties. Supporters said the change is intended to strengthen the state’s legal framework and provide clearer tools for prosecutors to pursue cases involving advanced digital technologies.
The bill was approved by the XXV Legislature meeting in Mexicali and now moves to the next stage of the legislative process, which includes formal publication and enactment under state law.
Legislators said the measure seeks to keep the Penal Code aligned with technological developments and to address concerns about the misuse of emerging tools for fraud, impersonation, and other forms of digital harm.
The reform is part of a broader discussion in Mexico and internationally about how criminal law should adapt to artificial intelligence and other rapidly evolving technologies.
