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119-s-2201119th Congress

LGBTQ+ Panic Defense Prohibition Act of 2025

Sponsored By: Senator Markey, Edward J. [D-MA]

Introduced

Summary

Bans panic defenses based on sexual orientation or gender identity or expression. This bill would bar defendants in federal criminal cases from using a claim that a nonviolent sexual advance or a belief about a person’s sexual orientation or gender identity excuses or reduces their criminal conduct. It allows a limited exception for courts to admit prior trauma evidence under the Federal Rules of Evidence. The Attorney General would also send Congress an annual report on federal prosecutions of crimes motivated by a victim’s sexual orientation or gender identity or expression.

Show full summary
  • LGBTQ people and crime victims: Stops a defense that shifts blame onto victims and aims to reduce offender responsibility. It seeks to treat bias-motivated crimes more consistently.
  • Defendants and defense lawyers: Restricts a specific defense strategy but preserves the ability to introduce prior trauma evidence under existing evidence rules.
  • Federal courts and prosecutors: Changes what arguments and evidence may be used in federal trials and requires new annual reporting by the Department of Justice.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 1 benefits, 0 costs, 0 mixed.

Ban panic defenses in federal court

If enacted, federal criminal defendants could not use a "panic" defense that blames a nonviolent sexual advance or a belief about someone's gender, gender identity, gender expression, or sexual orientation to excuse or reduce criminal conduct. Courts could still allow evidence of a defendant's prior trauma under the Federal Rules of Evidence for excuse or mitigation. This change would apply in federal criminal cases upon enactment.

Sponsors & CoSponsors

Sponsor

Markey, Edward J. [D-MA]

MA • D

Cosponsors

  • Sen. Merkley, Jeff [D-OR]

    OR • D

    Sponsored 6/27/2025

  • Sen. Kaine, Tim [D-VA]

    VA • D

    Sponsored 6/27/2025

  • Sen. Blumenthal, Richard [D-CT]

    CT • D

    Sponsored 6/27/2025

  • Sen. Padilla, Alex [D-CA]

    CA • D

    Sponsored 6/27/2025

  • Sen. Booker, Cory A. [D-NJ]

    NJ • D

    Sponsored 6/27/2025

  • Sen. Heinrich, Martin [D-NM]

    NM • D

    Sponsored 6/27/2025

  • Sen. Warren, Elizabeth [D-MA]

    MA • D

    Sponsored 6/27/2025

  • Sen. Hirono, Mazie K. [D-HI]

    HI • D

    Sponsored 6/27/2025

  • Sen. Sanders, Bernard [I-VT]

    VT • I

    Sponsored 6/27/2025

  • Sen. Baldwin, Tammy [D-WI]

    WI • D

    Sponsored 6/27/2025

  • Sen. Wyden, Ron [D-OR]

    OR • D

    Sponsored 6/27/2025

  • Sen. Smith, Tina [D-MN]

    MN • D

    Sponsored 6/27/2025

  • Sen. Klobuchar, Amy [D-MN]

    MN • D

    Sponsored 6/27/2025

  • Sen. Kim, Andy [D-NJ]

    NJ • D

    Sponsored 10/28/2025

Roll Call Votes

No roll call votes available for this bill.

View on Congress.gov
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