This previous Penal Code from 1872 was replaced in 1929. The new legal order aimed to modify the legal architecture of the Porfirio Díaz dictatorship, which was based on penal repression, to align it with the context of the constitutional guarantees and social justice proclaimed by the Mexican Revolution of 1910.

Once again, any notion of homosexuality (both male and female) was formally excluded from the document. The potential criminalization allowed by the previous code due to the vagueness of the sanctions related to 'offenses against public morality and good customs' is now technically limited solely to a prohibition of pornography. Thus, Article 536 536 (Second Book; Title 8 'Crimes against Public Morality'; Chapter I 'Offenses against Public Morality or Good Customs') mentions imprisonment and fines for those who reproduce or manufacture obscene writings, images, or objects, as well as for those who display or commercialize such obscene expressions in public.

Again, in 1931, the penal code was substituted by the one that still governs at the federal level today. However, in 1966, Article 201 (Third Book; Title 8 'Crimes against Public Morality and Good Customs'; Chapter II 'Corruption of Minors') was reformed, and for the first time, a reference to homosexuality appeared. It established imprisonment for anyone who induces or incites a minor under 18 years old to engage in 'homosexual practices.' The penalty was doubled if the act was repeated and resulted in the minor 'acquiring habits of homosexual practices.'

Finally, those last provisions that indirectly incited the criminalization of homosexuality were eliminated in the 1999 reform.

A bill for the legalization of same-sex marriages was approved by the state Congress on 17 December in a 26–1 vote with 1 abstention. The law was published in the official state journal on 22 December and took effect the following day.

In Nayarit, there are no laws restricting the discussion or promotion of LGBTQ+ topics.

Transgender people can change their document without surgery not required

No state currently recognizes non-binary identities in Mexico.

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Article 1(3) of the Federal Act to Prevent and Eliminate Discrimination (2003) includes “sexual preferences” as one of the prohibited grounds of discrimination. This law applies to housing as per Article 9(XXI). Gender identity is not explicitly mentioned

It was revealed in May 2018 that 8 same-sex couples were filing adoption applications. According to a 2017 survey by the National Council to Prevent Discrimination, 44% of the Nayarit population supported adoption by same-sex couples. In February 2022, a government official confirmed that same-sex couples are permitted to adopt.

LGBT people can serve military

NOM 253 removes targeted restrictions on blood donations from gay and bisexual men. Instead, it prohibits donations from individuals with HIV or hepatitis, their partners, and those who participate in "high-risk sexual practices," irrespective of their sexual orientation.

Set age of consent.