Assembly Bill 361 aims to amend existing laws regarding criminal defenses related to adequate provocation, self-defense, and mental disease or defect, specifically in cases involving a victim's gender identity or sexual orientation. The bill stipulates that defendants cannot claim adequate provocation or self-defense if their actions stem from the discovery or potential disclosure of the victim's gender identity or sexual orientation, including situations where the victim made a romantic advance or had a prior relationship with the defendant. Additionally, the bill clarifies that mental disease or defect does not encompass states resulting from such discoveries or disclosures.

The proposed legal changes include the creation of new statutes, specifically 939.44 (3) and 939.48 (5m), which explicitly outline the limitations on provocation and self-defense claims in these contexts. Furthermore, the bill renumbers and amends existing statute 971.15 (2) to exclude certain mental states related to gender identity or sexual orientation from being considered as a mental disease or defect. The bill is designed to ensure that claims of provocation or self-defense cannot be used to justify violence against individuals based on their gender identity or sexual orientation.