Texas HB4328 prohibits using a victim's gender identity or sexual orientation as a defense in criminal trials.

HB4328 amends the Texas Penal Code to limit the use of a victim's gender identity or sexual orientation as a defense in criminal cases. The law prohibits defendants from claiming a lower degree of culpability based on discovering or knowing about the victim's gender identity or sexual orientation, or due to a nonviolent romantic or sexual advance by the victim. This limitation applies to offenses committed after the Act's effective date of September 1, 2025. The Act also clarifies that such factors do not justify the use of force or constitute an adequate cause for sudden passion.

Texas HB4328 prohibits using a victim's gender identity or sexual orientation as a defense in criminal trials.

HB4328 amends the Texas Penal Code to limit the use of a victim's gender identity or sexual orientation as a defense in criminal cases. The law prohibits defendants from claiming a lower degree of culpability based on discovering or knowing about the victim's gender identity or sexual orientation, or due to a nonviolent romantic or sexual advance by the victim. This limitation applies to offenses committed after the Act's effective date of September 1, 2025. The Act also clarifies that such factors do not justify the use of force or constitute an adequate cause for sudden passion.