Laws against public immorality or indecency, however, have been used to prosecute persons who engage in them. The intellectual influence of the French Revolution and the brief French occupation of Mexico (1862–67) resulted in the adoption of the Napoleonic Code, which decriminalized same-sex sexual acts in 1871. Above all, the 1658 executions of sodomites and the 1901 Dance of the Forty-One, two great scandals in Mexican public life, dominate the scene. The history of homosexuality in the colonial period and after independence is still in great part yet to be studied. In general, it seems that the Mexica were as homophobic as the Spanish, and that other indigenous peoples tended to be much more tolerant, to the point of honoring Two-Spirit people as shamans. Historians often described the indigenous customs that surprised them or that they disapproved of, but tended to take a position of accusation or apology, which makes it impossible to distinguish between reality and propaganda.
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The data on the pre-Columbian people and those of the period of colonization is scarce and obscure.
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The study of homosexuality in Mexico can be divided into three separate periods, coinciding with the three main periods of Mexican history: pre-Columbian, colonial, and post-independence, in spite of the fact that the rejection of homosexuality forms a connecting thread that crosses the three periods.