Bill > H497

This bill prohibits the "gay panic" or "trans panic" defense in North Carolina by amending two sections of the state's criminal statutes, specifically those dealing with homicide and assault. The bill explicitly states that a defendant cannot use a victim's sex, gender, gender identity, or sexual orientation (whether accurately perceived or not) as a legal defense or as a means to negate the element of malice in a murder prosecution. The legislation ensures that such characteristics cannot be used to justify violent actions or reduce criminal culpability, while still allowing relevant and otherwise admissible evidence about a victim's or witness's conduct to be presented in court. The bill will become effective on December 1, 2025, and will apply to offenses committed on or after that date, but it will not affect prosecutions for crimes committed before the effective date. By enacting this law, North Carolina aims to protect LGBTQ+ individuals from discriminatory legal defenses that have historically been used to minimize or excuse violence against them.

Government Affairs

https://www.ncleg.gov/BillLookUp/2025/H497