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Bill > S407


NC S407

NC S407
Prohibit Defense Based on Sex or Gender


summary

Introduced
03/24/2025
In Committee
03/25/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Session

Bill Summary

AN ACT TO PROHIBIT A DEFENSE TO HOMICIDE OR ASSAULT BASED ON THE DISCOVERY OF, PERCEPTION OF, OR BELIEF ABOUT ANOTHER PERSON'S SEX, GENDER, GENDER IDENTITY, OR SEXUAL ORIENTATION.

AI Summary

This bill prohibits using a person's sex, gender, gender identity, or sexual orientation (whether real or perceived) as a legal defense in homicide or assault cases in North Carolina. Specifically, the bill amends two sections of the state's criminal statutes to explicitly state that discovering or believing something about a victim's sex, gender, gender identity, or sexual orientation cannot be used to negate malice in a murder prosecution or serve as a defense in an assault case. The bill clarifies that this prohibition does not prevent the admission of other relevant and admissible evidence about a victim's or witness's conduct, behavior, or statements. The provisions will apply to offenses committed on or after December 1, 2025, and will not affect prosecutions for crimes committed before that date. This legislation appears aimed at preventing "panic defenses" that have historically been used to justify violence against LGBTQ+ individuals by suggesting that the discovery of a person's gender or sexual identity provoked a violent reaction.

Sponsors (5)

Last Action

Ref To Com On Rules and Operations of the Senate (on 03/25/2025)

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