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Judiciary panel votes unanimously to remove ‘homosexuality’ from criminal-code definition of harmful conduct

3506978 · April 30, 2025

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Summary

The Colorado House Judiciary Committee sent Senate Bill 298 to the committee of the whole on a unanimous vote after sponsors said the bill removes the word "homosexuality" from a statutory definition of harmful-to-children conduct in Title 18.

Senate Bill 298, which would remove the word “homosexuality” from the statutory definition of harmful-to-children conduct in Title 18 of the Colorado Revised Statutes, was moved forward by the House Judiciary Committee on a unanimous 11-0 vote.

Sponsors said the change corrects outdated and biased statutory language. Representative Lukens, a prime sponsor, told the committee the word “homosexuality” is not conduct and “certainly shouldn't ever be described as criminal.” Co-prime sponsor Representative Lindsay said the drafting update was identified while working on other legislation and asked committee members for a yes vote.

The bill was moved to the committee of the whole by Vice Chair Carter, seconded by Representative Clifford. A roll call recorded the motion as passing 11 to 0. There were no public witnesses or amendments offered during the committee hearing.

Committee members did not ask additional questions, and the witness phase produced no public testimony. The committee record shows the bill advancing to the committee of the whole with a favorable recommendation.

The change would alter statutory text in the criminal code (Title 18) by striking a single listed term from the current definition; sponsors characterized the revision as non-substantive as to criminal liability and corrective as to statutory language.

Votes at a glance: SB 298 — Motion: move to committee of the whole with a favorable recommendation; Mover: Vice Chair Carter; Second: Representative Clifford; Vote: 11 yes, 0 no; Outcome: passed to committee of the whole.

The committee forwarded the bill without amendments; committee members and sponsors said the change was identified incidentally during work on another bill and presented as a narrowly tailored statutory clean-up.