Text of NC H 497 (2025)

Ban on Gay & Trans Panic Defense

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 H D HOUSE BILL DRH10215-ML-39A Short Title: Ban on Gay & Trans Panic Defense. (Public) Sponsors: Representative Dahle. Referred to: *DRH10215-ML-39A* A BILL TO BE ENTITLED 1 AN ACT TO PROHIBIT A DEFENSE TO HOMICIDE OR ASSAULT BASED ON THE 2 DISCOVERY OF, PERCEPTION OF, OR BELIEF ABOUT ANOTHER PERSON'S SEX, 3 GENDER, GENDER IDENTITY, OR SEXUAL ORIENTATION. 4 The General Assembly of North Carolina enacts: 5 SECTION 1. Article 6 of Chapter 14 of the General Statutes is amended by adding 6 a new section to read: 7 "§ 14-18.3. Prohibited defense. 8 (a) Prohibition. – Notwithstanding any provision of law to the contrary, the discovery of, 9 perception of, or belief about another person's actual or perceived sex, gender, gender identity, 10 or sexual orientation, whether or not accurate, is not a defense to a prosecution under this Article 11 and is not provocation negating malice as an element of murder. 12 (b) Construction. – Nothing in this section shall be construed as precluding the admission 13 of evidence of a victim's or witness's conduct, behavior, or statements that is relevant and 14 otherwise admissible." 15 SECTION 2. Article 8 of Chapter 14 of the General Statutes is amended by adding 16 a new section to read: 17 "§ 14-34.11. Prohibited defense. 18 (a) Prohibition. – Notwithstanding any provision of law to the contrary, the discovery of, 19 perception of, or belief about another person's actual or perceived sex, gender, gender identity, 20 or sexual orientation, whether or not accurate, is not a defense to a prosecution under this Article. 21 (b) Construction. – Nothing in this section shall be construed as precluding the admission 22 of evidence of a victim's or witness's conduct, behavior, or statements that is relevant and 23 otherwise admissible." 24 SECTION 3. Prosecutions for offenses committed before the effective date of this 25 act are not abated or affected by this act, and the statutes that would be applicable but for this act 26 remain applicable to those prosecutions. 27 SECTION 4. This act becomes effective December 1, 2025, and applies to offenses 28 committed on or after that date. 29 H.B. 497 Mar 24, 2025 HOUSE PRINCIPAL CLERK