117 S5252 IS: Right to Private Conduct Act of 2022 U.S. Senate 2022-12-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS2d SessionS. 5252IN THE SENATE OF THE UNITED STATESDecember 14, 2022Mr. Schatz (for himself, Mr. Blumenthal, Ms. Hirono, and Mrs. Feinstein) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo establish the right of adults to engage in private, non-commercial, consensual sexual conduct in the exercise of their liberty.

1.

Short title

This Act may be cited as the Right to Private Conduct Act of 2022.

2.

Definition

In this Act, the term adult means an individual who has attained the lesser of—(1)18 years or age; or(2)the minimum age at which an individual may consent to sexual conduct under applicable State law.

3.

Protection of the right of adults to engage in private, non-commercial, consensual sexual conduct

(a)

In general

No person acting under color of law may—(1)prevent an adult from engaging in private, non-commercial, consensual sexual conduct with another adult;(2)interfere with an adult engaging in private, non-commercial, consensual sexual conduct with another adult; or(3)intimidate, threaten, or retaliate against an adult because that adult has engaged or may engage in such conduct with another adult.(b)

Enforcement

For the purposes of violations under subsection (a), the enforcement mechanism provided for and available under the following shall apply:(1)Section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983).(2)Section 241 of title 18, United States Code. (3)Section 242 of title 18, United States Code.(4)Section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12601).(c)

Clarification

Subsection (a) shall not apply to any law (including any regulation) prohibiting public sexual conduct, forced or non-consensual sexual conduct, or sexual conduct with a minor.

4.

Rules of construction

(a)

In general

In interpreting the provisions of this Act, a court shall liberally construe such provisions to effectuate the purpose of ensuring the right of an adult to engage in private, non-commercial, consensual sexual conduct with another adult.(b)

Other laws

Nothing in this Act shall be construed to invalidate, limit, or displace the rights, remedies, procedures, or legal standards available to individuals under Federal law, or to supersede State laws, that provide protections against discrimination beyond those provided in this Act.(c)

Other individuals considered as acting under color of law

Any person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation, prohibition, or requirement that violates section 3 of this Act shall be considered as acting under color of law for purposes of this Act.

5.

Severability

If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby.