New Jersey Could Become 9th State To Ban ‘Gay Panic’ Defense

New Jersey could soon become the 9th state to prohibit the use of “gay panic” as a legal defense tactic in murder cases.

Via Politico:

The defense has been used to attempt to downgrade charges against defendants who argued that they killed because they were provoked by the disclosure of the victim’s gender identity or sexual orientation.

According to the American Bar Association, eight states had barred the “gay panic” defense as of July 2019. New York was the most recent to do so, in June, when Gov. Andrew Cuomo signed a bill on the 50th anniversary of the Stonewall uprising.

The tactic seeks to exploit a state law that allows for the reduction of a murder charge to manslaughter if the crime is “is committed in the heat of passion resulting from a reasonable provocation.”

The bill, NJ A1796 (18R), which the Assembly approved, 73-0, states that “a provocation is not objectively reasonable if it is based on the discovery of, knowledge about, or potential disclosure of the homicide victim’s actual or perceived gender identity or expression, or affectional or sexual orientation, including under circumstances in which the victim made an unwanted, non-forcible romantic or sexual advance toward the actor, or if the victim and actor dated or had a romantic or sexual relationship.”

The bill was first introduced in late 2014 by former Assemblyman Tim Eustace (D-Bergen), the state’s second openly gay lawmaker, but it did not advance through the legislative process until this year. 

The legislation now heads to the state Senate where it also must pass to reach Gov. Phil Murphy’s desk.