Article 172 Bis Federal Criminal Code
BOOK TWO · TITLE FIVE. Crimes in matters of communication routes and correspondence · CHAPTER I BIS. Unlawful use of installations destined for air traffic.
Current text · last reform published in the Official Gazette of the Federation (DOF) on 13 March 2026
To the person who, for the carrying out of criminal activities, uses or permits the use of aerodromes, airports, heliports, landing strips or any other facility destined to air traffic that is their property or is under their charge and care, imprisonment of two or six years and one hundred to three hundred days fine and forfeiture of the instruments, objects or product of the crime shall be imposed, whatever their nature. If said facilities are clandestine, the penalty shall be increased by up to one half.
The same penalties shall be imposed on those who carry out clandestine flights, or provide the means to facilitate the landing or takeoff of aircraft or give refueling or maintenance to the aircraft used in said activities.
If the criminal activities to which the first paragraph refers are related to crimes against health, the penalties of imprisonment and fine shall be doubled.
To the person who constructs, installs, conditions or puts into operation the real property and facilities to which the first paragraph refers, without having observed the rules of concession, notice or permit contained in the respective legislation, three to eight years of imprisonment and one hundred fifty to four hundred days fine shall be imposed.
The sanctions provided in this article shall be imposed without prejudice to the measures that the Law of General Means of Communication (Ley de Vías Generales de Comunicación) provides and to the sanctions that correspond, where applicable, for other crimes committed.