LGBTQ Panic Defense Ban Act

=AN ACT TO BAN LGBTQ+ PANIC  DEFENSES IN COURTS UNDER THE JURISDICTION OF THE UNITED STATES= March 20, 2020

Section 1 - Short Title

This Act may be cited as the "LGBTQ Panic Defense Ban Act"

Section 2 - Definitions

For the purposes of this Act, the Gay Panic Defense is defined as "a legal strategy in which a defendant claims they acted in a state of violent, temporary insanity, committing assault or murder, because of unwanted same-sex sexual advances. Broadly, a defendant may allege to have found the same-sex sexual advances so offensive or frightening that they were provoked into reacting, were acting in self-defense, were of diminished capacity, or were temporarily insane, and that this circumstance is exculpatory or mitigating." For the purposes of this Act, the Trans Panic Defense is defined as: "a defense applied in cases of assault, manslaughter, or murder of a transgender individual, with whom the assailant(s) engaged in sexual relations unaware that the victim is transgender until seeing them naked, or further into or after sexual activity.

Section 3 - Ban in Federal Courts

The Gay Panic Defense, and Trans Panic Defense, as defined in Section 2 of this Act is hereby Banned in all Federal Courts. No Case, Criminal or Civil, that falls under the Jurisdiction of the United States, shall result in the Conviction, or aqcuital of the Defendant, if the Preponderance of the evidence in the same case is predicated in either the Gay Panic Defense or Trans Panic Defense.