Lagana, Gopal Bill Prohibiting ‘Gay & Trans Panic’ Defense for Murder Signed into Law

Trenton – Legislation sponsored by Senator Joe Lagana and Senator Vin Gopal, which would prohibit a “gay and trans panic” defense for committing murder, was signed into law by Governor Phil Murphy.

“Gay and trans panic defenses, which reduce the punishment for horrible crimes, amount to legal malpractice and cannot be allowed to stand,” said Senator Lagana (D-Bergen/Passaic). “This legislation, which I introduced in the Senate, was originally sponsored by my dear friend, former-Assemblyman Eustace. I thank him for his leadership in fighting for equality and the protection of civil rights in this State and am honored to have helped our bill finally become the law of the land. Discrimination of any kind has no place in New Jersey, and we will to fight for all of our residents, especially during this period of seemingly increased intolerance, to ensure that our state is safe for everyone.”

“Members of the LGBTQ community deserve protection from bigotry and hate – and the so-called ‘gay panic’ or ‘trans panic’ defense has no place in our courts,” said Senator Gopal (D-Monmouth). “Now, it’s time for New Jersey to step up and make sure that no LGBTQ person has to fear for their lives or their safety because of their sexuality or gender identity.”

The new law will prohibit the use of a so-called “gay and trans panic” defense when committing a murder. The law is intended to prevent a defendant from seeking the reduction of a murder charge to a charge of manslaughter committed in the heat of passion, allegedly provoked by the discovery of, knowledge about, or potential disclosure of the homicide victim’s actual or perceived gender identity or expression or sexual orientation.

Under the former law, a homicide was reduced to manslaughter if the jury found that the homicide was committed in the heat of passion resulting from a reasonable provocation.