LGBTQ+ Panic Defense Prohibition Act of 2025
H.R. 4197, the LGBTQ+ Panic Defense Prohibition Act of 2025, seeks to bar the use of “panic defenses” based on a victim’s sexual orientation, gender identity, or gender expression in federal criminal prosecutions. The bill adds a new Sec. 28 to Title 18, making it unconstitutional to use any nonviolent sexual advance, perception, or belief about a victim’s LGBTQ status to excuse, justify, or mitigate a crime. There is a limited exception allowing courts to admit evidence of the defendant’s prior trauma, but only under the Federal Rules of Evidence and for purposes of excusing, justifying, or mitigating the offense. The Attorney General would also publish an annual report detailing federal prosecutions involving crimes against LGBTQ individuals that were motivated by the victim’s LGBTQ status. The measure was introduced in the House on June 26, 2025, by Rep. Pappas and a broad group of cosponsors and referred to the Judiciary Committee.
Key Points
- 1Prohibits the use of panic defenses based on a victim’s sexual orientation or gender identity or expression in federal criminal cases.
- 2Prohibits using a nonviolent sexual advance or perception/belief about a victim’s LGBTQ status as an excuse, justification, or mitigation for a crime.
- 3Allows, under the Federal Rules of Evidence, admission of the defendant’s prior trauma if relevant to excusing, justifying, or mitigating the conduct (but not the victim’s LGBTQ status itself as a basis for the defense).
- 4Codifies the prohibition by adding Sec. 28 to Chapter 1 of Title 18 (the “Prohibition on panic defenses based on sexual orientation or gender identity or expression”).
- 5Requires the Attorney General to issue an annual report detailing federal prosecutions of capital and noncapital crimes against LGBTQ individuals motivated by the victim’s gender, gender identity/expression, or sexual orientation.