Prohibit Defense Based on Sex or Gender.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 407

Short Title: Prohibit Defense Based on Sex or Gender. (Public)
Sponsors: Senators Mayfield and Grafstein (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 25, 2025
*S407-v-1*
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 abo ut 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 anothe r 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