Bill > H1235

This bill, known as the "Gay and Transgender Panic Legal Defenses Prohibition Act," aims to prevent individuals from using a victim's sexual orientation, gender identity, or gender expression as a legal defense or justification for a criminal offense. The legislation specifically addresses what are known as "panic defenses," which historically have been used to excuse or reduce culpability for violent crimes against LGBTQ+ individuals by suggesting that a perpetrator's reaction to a sexual advance or perception of the victim's identity was a legitimate reason for their aggressive actions. The bill defines key terms such as "gender expression" and "gender identity" as relating to a person's appearance, behavior, or identity, regardless of their assigned sex at birth, and "sexual orientation" as an individual's actual or perceived sexual preferences. Under the proposed law, a nonviolent sexual advance or the perpetrator's perception of the victim's sexual orientation, gender expression, or gender identity cannot be used to defend, justify, or mitigate the severity of a criminal offense during sentencing. The Florida Legislature argues that such defenses inappropriately attempt to reduce the perpetrator's responsibility for harm done to LGBTQ+ individuals. The act is set to take effect on July 1, 2025.

Justice

https://www.flsenate.gov/Session/Bill/2025/1235