Text of NM SB 213 (2021)
Prohibit Gay Or Trans Panic Defense
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As introduced
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SENATE BILL 213
55TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2021
INTRODUCED BY
Jacob R. Candelaria
AN ACT
RELATING TO CRIME; PROHIBITING A DEFENSE BASED ON A DEFENDANT'S
DISCOVERY OF, KNOWLEDGE ABOUT OR THE POTENTIAL DISCLOSURE OF A
VICTIM'S OR WITNESS'S GENDER, GENDER IDENTITY, GENDER
EXPRESSION OR SEXUAL ORIENTATION; PROHIBITING A DEFENSE BASED
ON THE EFFECT ON A DEFENDANT OF BEING ROMANTICALLY
PROPOSITIONED IN A NONVIOLENT OR NON-THREATENING MANNER BY A
PERSON OF THE SAME GENDER OR A PERSON WHO IS TRANSGENDER.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of Chapter 30, Article 1 NMSA
1978 is enacted to read:
"[NEW MATERIAL] DEFENSE BASED ON VICTIM'S GENDER, GENDER
IDENTITY, GENDER EXPRESSION OR SEXUAL ORIENTATION PROHIBITED.--
A. No evidence shall be admitted as a defense in a
criminal proceeding regarding the effect on the defendant of
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the discovery of, knowledge about or potential disclosure of a
victim's or witness's actual or perceived:
(1) gender;
(2) gender expression;
(3) gender identity; or
(4) sexual orientation.
B. No evidence shall be admitted as a defense in a
criminal proceeding regarding the effect on the defendant of
being romantically propositioned in a nonviolent or non-
threatening manner by a person of the same gender or a person
who is transgender.
C. As used in this section:
(1) "gender expression" means the external
appearance of a person's gender identity, often expressed
through the person's behavior, physical appearance or voice,
which expression may or may not conform to socially defined
behaviors and characteristics typically associated with
masculinity or femininity;
(2) "gender identity" means a person's self-
perception, or perception of that person by another, of the
person's identity as a male or female based upon the person's
appearance, behavior or physical characteristics that are in
accord with or opposed to the person's physical anatomy,
chromosomal sex or sex at birth; and
(3) "sexual orientation" means
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heterosexuality, homosexuality or bisexuality, whether actual
or perceived."
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