LGBTQ+ Panic Defense Ban

Summary#

This bill would add a new section to Title 18 of the U.S. Code that bars defendants in Federal criminal cases from using a victim's sexual orientation, gender identity, or gender expression as an excuse or to reduce blame. It says a nonviolent sexual advance, or a defendant's perception or belief about a victim's sexual orientation or gender identity or expression, cannot be used to justify or lessen the seriousness of an offense. The bill also says courts may still hear evidence of a defendant's prior trauma under the Federal Rules of Evidence. The Attorney General must give Congress an annual report about federal prosecutions of crimes motivated by a victim's sexual orientation, gender, or gender identity or expression.

What it means for you#

• In federal criminal trials, lawyers could not argue that a victim's sexual orientation or gender identity caused a defendant to lose self-control or deserve a lesser sentence.
• Courts can still consider a defendant's past trauma if it is admitted under the normal federal evidence rules.
• The Department of Justice will send Congress yearly information about federal cases where victims were targeted because of sexual orientation or gender identity or expression.

Expenses#

No publicly available information.

Proponents' View#

Supporters say panic defenses that point to a victim's sexual orientation or gender identity are outdated and let bias reduce a defendant's responsibility. The bill's findings cite calls from the American Bar Association and say these defenses appeal to hatred or fear of LGBTQ people, undermine fair prosecutions, and can lead to unjust acquittals or lighter sentences. Proponents say banning such defenses aligns federal criminal law with protecting victims of bias-motivated crimes and advances equality and tolerance.

Opponents' View#

No publicly available information.