Text of NE LB 166 (2020)
Prohibit defendant's discovery of victim's actual or perceived gender or sexual orientation as defense to crime
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As introduced
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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
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defendant's discovery of a victim's actual or perceived gender or
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sexual orientation as a defense to criminal offenses; to define
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terms; and to provide a duty for the Revisor of Statutes.
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Be it enacted by the people of the State of Nebraska,
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Section 1. (1) In making a determination listed in subsection (2)
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of this section, a court or jury shall not consider evidence, nor shall
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it be a defense to a criminal offense or negate an element of a criminal
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offense, that the defendant's conduct resulted from the discovery of,
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knowledge about, or potential disclosure of the victim’s actual or
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perceived gender or sexual orientation.
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(2) This section applies to determinations regarding:
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(a) Whether the defendant acted with deliberation, premeditation, or
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malice, whether the defendant acted upon a sudden quarrel, or whether the
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defendant otherwise acted with the mental state that is an element of a
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criminal offense;
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(b) Whether the defendant is not responsible by reason of insanity
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under section 29-2203 or was otherwise acting under diminished capacity;
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and
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(c) Whether the defendant's use of force was justified under
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sections 28-1406 to 28-1416.
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(3) This section applies notwithstanding the fact that:
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(a) The victim made an unwanted but nonforcible romantic or sexual
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advance toward the defendant; or
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(b) The defendant and victim dated or had a romantic or sexual
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relationship.
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(4) For purposes of this section:
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(a) Gender means sex and includes a person’s gender identity and
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gender expression;
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(b) Gender expression means a person’s gender-related appearance and
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behavior, whether or not that appearance or behavior is different from
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that traditionally or stereotypically associated with the person’s
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assigned sex at birth; and
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(c) Gender identity means a person’s internal sense of their own
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gender, regardless of the sex the person was assigned at birth.
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Sec. 2. The Revisor of Statutes shall assign section 1 of this act
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to Chapter 29, article 1.
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