ARTICLE 104: PENALTY APPLICABLE TO THE CRIME OF CONTRABAND, PRESUMPTIVE, AND COMPARABLE
The crime of contraband shall be punishable by imprisonment:
From three months to five years, if the amount of contributions or compensatory fees omitted, is up to $1,243,590.00, respectively or, where appropriate, the sum of both is up to $1,865,370.00.
From three to nine years, if the amount of contributions or compensatory fees omitted, exceeds $1,243,590.00 respectively or, where applicable, the sum of both exceeds $1,865,370.00.
From three to nine years, in the case of merchandise whose traffic has been prohibited by the Federal Executive in use of the faculties indicated in the second paragraph of article 131 of the Political Constitution of the United Mexican States.
In other cases of prohibited traffic merchandise, the sanction will be three to nine years of imprisonment.
From three to six years, when it is not possible to determine the amount of contributions or compensatory fees omitted due to contraband or in the case of merchandise that require permission from the competent authority, do not have it or when it is the case provided for in the Articles 103, sections IX, XIV and XIX and XX and 105, sections V, XII, XIII, XV, XVI and XVII of this Code. (CFF: Art. 103) (CFF: Art. 105)
To determine the value of the merchandise and the amount of contributions or compensatory fees omitted, only the damages caused before the contraband will be taken into account.