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House of Representatives
Session of 2021 - 2022 Regular Session

MEMORANDUM

Posted:	November 9, 2021 11:35 AM
From:	Representative Todd Stephens and Rep. Paul Schemel
To:	All House members
Subject:	Removing Homosexuality from the Crimes Code

In the near future, we intend to introduce legislation to remove references to the term “homosexuality” within definitions of prohibited sexual acts in the Crimes Code.  The usage of this term in the definitions of “sexual activity” and “sexual conduct” in Sections 5902 (relating to prostitution) and 5903 (relating to child pornography), respectively, serves no purpose as homosexual acts, in and of themselves, do not constitute a criminal offense.  In addition to removing references to “homosexuality”, this legislation further amends the definitions of “sexual activity” and “sexual conduct” by removing surplus language and incorporating references to other sexual acts defined elsewhere in the Crimes Code, thereby removing certain ambiguities in the current statute.  Significantly, these changes do not expand the definitions in such a way as to encompass sexual activities not already proscribed by law.  Please join us in co-sponsoring this legislation to more specifically and more accurately define those criminal acts involving “sexual activity” and “sexual conduct” under the law.

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