What does Preamble of HR 4197 do?

This bill proposes to amend title 18, United States Code. The proposed amendment aims to prohibit defenses based on sexual orientation or gender identity or expression.

What does SHORT TITLE. of HR 4197 do?

This bill is formally titled the LGBTQ+ Panic Defense Prohibition Act of 2025.

What does FINDINGS. of HR 4197 do?

This section outlines findings regarding panic defenses based on sexual orientation or gender identity or expression. The American Bar Association has urged legislative action to curtail these defenses. These defenses are described as historical artifacts stemming from a time of widespread prejudice against LGBTQ individuals. The findings state that these defenses illegitimately mitigate the responsibility of perpetrators harming LGBTQ individuals. The use of such defenses is considered incompatible with federal law intended to protect victims of bias-motivated crimes. The section asserts that continued use of these defenses reinforces prejudice and undermines the criminal justice system. The findings conclude that ending these defenses is necessary to recognize LGBTQ individuals as equal citizens.

What does PROHIBITION ON PANIC DEFENSES BASED ON SEXUAL ORIENTATION OR of HR 4197 do?

This section amends Chapter 1 of Title 18, United States Code, by adding Section 28. Section 28 prohibits the use of a 'panic defense' based on an individual's sexual orientation, gender identity, or gender expression in nonviolent sexual advance or perception cases. The prohibition in Section 28(a) allows courts to admit evidence of prior trauma to the defendant, in accordance with the Federal Rules of Evidence, for purposes of excusing, justifying, or mitigating conduct. The table of sections for chapter 1 of title 18, United States Code, is amended to include Section 28. The Attorney General is required to submit an annual report to Congress detailing prosecutions in Federal court involving crimes against LGBTQ individuals motivated by the victim's gender, gender identity or expression, or sexual orientation.

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LGBTQ+ Panic Defense Prohibition Act of 2025 — HR. 4197

Last updated: 6/26/2025 · Introduced: 6/26/2025

Author: Chris Pappas (D-NH)

TL;DR (AI)

This bill prohibits the 'panic defense' in federal courts, preventing defendants from using an individual's sexual orientation, gender identity, or gender expression as a justification or mitigating factor in nonviolent sexual advance or perception cases.
The bill allows courts to consider a defendant's prior trauma when evaluating conduct, consistent with existing federal rules of evidence.
The Attorney General must annually report to Congress on prosecutions involving crimes against LGBTQ individuals motivated by the victim's gender, gender identity, or sexual orientation.

119th Congressin committeeOfficial page

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Other Sections

Includes provisions on preamble, short title., and 2 more.

4 sections

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