LGBTQ+ Panic Defense Prohibition Act of 2025
The LGBTQ+ Panic Defense Prohibition Act of 2025 would amend federal law (18 U.S.C.) to bar the use of “panic defenses” based on a victim’s sexual orientation or gender identity or expression in federal prosecutions. In practice, this means a defendant could not argue that a crime was excused, justified, or diminished in severity because the victim was LGBTQ or because the defendant perceived the victim’s gender identity or sexual orientation as provoking the act. The bill also preserves a narrow exception allowing evidence of the defendant’s prior trauma to be admitted to explain or mitigate conduct, but only under the standard rules of evidence. Additionally, it requires the Attorney General to submit an annual report detailing federal prosecutions involving crimes against LGBTQ individuals motivated by the victim’s identity, to track enforcement and outcomes.
Key Points
- 1Prohibits panic defenses based on sexual orientation or gender identity or expression in federal cases by adding a new Sec. 28 to title 18 U.S.C.
- 2Prohibits using a nonviolent sexual advance or perception/belief about a victim’s LGBTQ status as an excuse, justification, or mitigation for the offense, even if the perception is incorrect.
- 3Allows, as a limited exception, the admission of prior trauma evidence to excuse, justify, or mitigate the defendant’s conduct, consistent with the Federal Rules of Evidence.
- 4Provides a technical/conforming amendment to add Sec. 28 to the table of sections in chapter 1 of title 18.
- 5Requires the Attorney General to annually report on federal prosecutions involving capital and noncapital crimes against LGBTQ individuals motivated by the victim’s gender, gender identity or expression, or sexual orientation.