| 12 | 13 | | A BILL TO BE ENTITLED 1 |
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| 13 | 14 | | AN ACT TO PROHIBIT A DEFENSE TO HOMICIDE OR ASSAULT BASED ON THE 2 |
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| 14 | 15 | | DISCOVERY OF, PERCEPTION OF, OR BELIEF ABOUT ANOTHER PERSON 'S SEX, 3 |
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| 15 | 16 | | GENDER, GENDER IDENTITY, OR SEXUAL ORIENTATION . 4 |
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| 16 | 17 | | The General Assembly of North Carolina enacts: 5 |
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| 17 | 18 | | SECTION 1. Article 6 of Chapter 14 of the General Statutes is amended by adding 6 |
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| 18 | 19 | | a new section to read: 7 |
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| 19 | 20 | | "§ 14-18.3. Prohibited defense. 8 |
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| 20 | 21 | | (a) Prohibition. – Notwithstanding any provision of law to the contrary, the discovery of, 9 |
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| 21 | 22 | | perception of, or belief about another person's actual or perceived sex, gender, gender identity, 10 |
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| 22 | 23 | | or sexual orientation, whether or not accurate, is not a defense to a prosecution under this Article 11 |
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| 23 | 24 | | and is not provocation negating malice as an element of murder. 12 |
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| 24 | 25 | | (b) Construction. – Nothing in this section shall be construed as precluding the admission 13 |
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| 25 | 26 | | of evidence of a victim's or witness's conduct, behavior, or statements that is relevant and 14 |
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| 26 | 27 | | otherwise admissible." 15 |
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| 27 | 28 | | SECTION 2. Article 8 of Chapter 14 of the General Statutes is amended by adding 16 |
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| 28 | 29 | | a new section to read: 17 |
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| 29 | 30 | | "§ 14-34.11. Prohibited defense. 18 |
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| 30 | 31 | | (a) Prohibition. – Notwithstanding any provision of law to the contrary, the discovery of, 19 |
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| 31 | 32 | | perception of, or belief about another person's actual or perceived sex, gender, gender identity, 20 |
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| 32 | 33 | | or sexual orientation, whether or not accurate, is not a defense to a prosecution under this Article. 21 |
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| 33 | 34 | | (b) Construction. – Nothing in this section shall be construed as precluding the admission 22 |
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| 34 | 35 | | of evidence of a victim's or witness's conduct, behavior, or statements that is relevant and 23 |
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| 35 | 36 | | otherwise admissible." 24 |
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| 36 | 37 | | SECTION 3. Prosecutions for offenses committed before the effective date of this 25 |
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| 37 | 38 | | act are not abated or affected by this act, and the statutes that would be applicable but for this act 26 |
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| 38 | 39 | | remain applicable to those prosecutions. 27 |
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| 39 | 40 | | SECTION 4. This act becomes effective December 1, 2025, and applies to offenses 28 |
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| 40 | 41 | | committed on or after that date. 29 |
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