Text of NE LB 166 (2020)

Prohibit defendant's discovery of victim's actual or perceived gender or sexual orientation as defense to crime

Back to the bill page

Legislative text is a public record. Where LegiScan supplied it, the CC BY 4.0 credit applies.

Source: LegiScan. Bill data and text from LegiScan (legiscan.com), licensed CC BY 4.0 and used in modified form. LegiScan does not endorse the Trans Data Initiative. License: CC BY 4.0(opens another site). Source page(opens another site)

As introduced

2,514 characters

Open the printed bill (PDF)

LEGISLATURE OF NEBRASKA ONE HUNDRED SIXTH LEGISLATURE FIRST SESSION LEGISLATIVE BILL 166 Introduced by Hunt, 8; Howard, 9; Morfeld, 46; Pansing Brooks, 28; Wishart, 27. Read first time January 11, 2019 Committee: A BILL FOR AN ACT relating to crimes and offenses; to prohibit a 1 defendant's discovery of a victim's actual or perceived gender or 2 sexual orientation as a defense to criminal offenses; to define 3 terms; and to provide a duty for the Revisor of Statutes. 4 Be it enacted by the people of the State of Nebraska, 5 LB166 2019 LB166 2019 -1- Section 1. (1) In making a determination listed in subsection (2) 1 of this section, a court or jury shall not consider evidence, nor shall 2 it be a defense to a criminal offense or negate an element of a criminal 3 offense, that the defendant's conduct resulted from the discovery of, 4 knowledge about, or potential disclosure of the victim’s actual or 5 perceived gender or sexual orientation. 6 (2) This section applies to determinations regarding: 7 (a) Whether the defendant acted with deliberation, premeditation, or 8 malice, whether the defendant acted upon a sudden quarrel, or whether the 9 defendant otherwise acted with the mental state that is an element of a 10 criminal offense; 11 (b) Whether the defendant is not responsible by reason of insanity 12 under section 29-2203 or was otherwise acting under diminished capacity; 13 and 14 (c) Whether the defendant's use of force was justified under 15 sections 28-1406 to 28-1416. 16 (3) This section applies notwithstanding the fact that: 17 (a) The victim made an unwanted but nonforcible romantic or sexual 18 advance toward the defendant; or 19 (b) The defendant and victim dated or had a romantic or sexual 20 relationship. 21 (4) For purposes of this section: 22 (a) Gender means sex and includes a person’s gender identity and 23 gender expression; 24 (b) Gender expression means a person’s gender-related appearance and 25 behavior, whether or not that appearance or behavior is different from 26 that traditionally or stereotypically associated with the person’s 27 assigned sex at birth; and 28 (c) Gender identity means a person’s internal sense of their own 29 gender, regardless of the sex the person was assigned at birth. 30 Sec. 2. The Revisor of Statutes shall assign section 1 of this act 31 LB166 2019 LB166 2019 -2- to Chapter 29, article 1. 1 LB166 2019 LB166 2019 -3-