Gay and Transgender Panic Legal Defenses Prohibition Act (SB 1340)

• Prohibits the use of "gay and transgender panic" as a legal defense to criminal charges in Florida, preventing defendants from citing a victim's sexual orientation, gender identity, or gender expression to justify, excuse, or mitigate criminal conduct
• Bars defendants from using a nonviolent sexual advance, or their perception or belief about another person's sex, sexual orientation, gender expression, or gender identity, as a defense at trial or as a mitigating factor during sentencing
• Defines "gender expression" or "gender identity" as gender-related identity, appearance, or behavior, regardless of whether it differs from that traditionally associated with a person's physiology or assigned sex at birth
• Legislative findings state that gay and transgender panic defenses illegitimately characterize sexual orientation and gender identity as objectively reasonable excuses for a perpetrator's loss of self-control, thereby reducing accountability for harm done to LGBTQ individuals
• Sponsored by Senator Smith, the bill would create Section 900.06 of Florida Statutes with an effective date of July 1, 2025