AB 436

Current law provides specific defenses to criminal liability. For instance, a

charge of first-degree intentional homicide may be mitigated to second-degree

intentional homicide if, at the time of committing the crime, the defendant

reasonably believes the victim has done something that adequately provokes the

defendant to lack self-control completely. Another defense is the privilege of

self-defense under which a person may threaten or intentionally use force against

another for the purpose of preventing or terminating what the person reasonably

believes to be an unlawful interference with his or her person by the other person.

Under this bill, a defendant may not assert adequate provocation or

self-defense as a defense if the criminal action in question resulted from the

discovery of, knowledge about, or potential disclosure of the victim's gender identity

or expression or sexual orientation, including under circumstances in which the

victim made a romantic or sexual advance without use or threat of force or violence

toward the defendant.