Summary

Prohibits the use of so-called "panic" defenses that try to excuse or reduce responsibility for crimes based on a victim’s actual or perceived sexual orientation, gender, gender identity, or gender expression. The bill adds a new criminal‑code provision to Title 18 that bars such defenses while still allowing courts to admit evidence of a defendant’s prior trauma under the Federal Rules of Evidence. It also requires the Attorney General to submit an annual report to Congress listing federal prosecutions (capital and noncapital) of crimes motivated by the victim’s sexual orientation, gender, gender identity, or gender expression.

Key Points

• Creates a new federal rule forbidding defendants from using a victim’s actual or perceived sexual orientation, gender, gender identity, or gender expression to justify or mitigate criminal conduct.
• Preserves courts’ ability to admit evidence of a defendant’s prior trauma or other admissible background under the Federal Rules of Evidence.
• Adds the new provision to Title 18 and updates the statutory table of sections accordingly.
• Requires the Attorney General to submit an annual report to Congress listing federal prosecutions motivated by victims’ sexual orientation or gender identity/expression (capital and noncapital).
• Directly benefits LGBTQIA+ victims by removing a defense tactic that has been used to reduce accountability for bias-motivated violence.
• Imposes an ongoing reporting duty on the Department of Justice but does not itself authorize or appropriate new spending.
• Does not alter substantive criminal offense definitions; it targets trial strategy and admissibility rather than creating new crimes.
• Implementation will rely on courts applying the Federal Rules of Evidence and on DOJ to collect and disclose prosecution data.

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