II 

117TH CONGRESS 

2D SESSION S. 5252 

To establish the right of adults to engage in private, non-commercial, 

consensual sexual conduct in the exercise of their liberty. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 14, 2022 

Mr. 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 Judiciary 

A BILL 

To establish the right of adults to engage in private, noncommercial, consensual sexual conduct in the exercise 

of their liberty. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Right to Private Con5 duct Act of 2022’’. 

6 SEC. 2. DEFINITION. 

7 In this Act, the term ‘‘adult’’ means an individual 

8 who has attained the lesser of— 

9 (1) 18 years or age; or 


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1 (2) the minimum age at which an individual 

2 may consent to sexual conduct under applicable 

3 State law. 

4 SEC. 3. PROTECTION OF THE RIGHT OF ADULTS TO EN5 GAGE IN PRIVATE, NON-COMMERCIAL, CON6 SENSUAL SEXUAL CONDUCT. 

7 (a) IN GENERAL.—No person acting under color of 

8 law may— 

9 (1) prevent an adult from engaging in private, 

10 non-commercial, consensual sexual conduct with an11 other adult; 

12 (2) interfere with an adult engaging in private, 

13 non-commercial, consensual sexual conduct with an14 other adult; or 

15 (3) intimidate, threaten, or retaliate against an 

16 adult because that adult has engaged or may engage 

17 in such conduct with another adult. 

18 (b) ENFORCEMENT.—For the purposes of violations 

19 under subsection (a), the enforcement mechanism pro20 vided for and available under the following shall apply: 

21 (1) Section 1979 of the Revised Statutes of the 

22 United States (42 U.S.C. 1983). 

23 (2) Section 241 of title 18, United States Code. 

24 (3) Section 242 of title 18, United States Code. 


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1 (4) Section 210401 of the Violent Crime Con2 trol and Law Enforcement Act of 1994 (34 U.S.C. 

3 12601). 

4 (c) CLARIFICATION.—Subsection (a) shall not apply 

5 to any law (including any regulation) prohibiting public 

6 sexual conduct, forced or non-consensual sexual conduct, 

7 or sexual conduct with a minor. 

8 SEC. 4. RULES OF CONSTRUCTION. 

9 (a) IN GENERAL.—In interpreting the provisions of 

10 this Act, a court shall liberally construe such provisions 

11 to effectuate the purpose of ensuring the right of an adult 

12 to engage in private, non-commercial, consensual sexual 

13 conduct with another adult. 

14 (b) OTHER LAWS.—Nothing in this Act shall be con15 strued to invalidate, limit, or displace the rights, remedies, 

16 procedures, or legal standards available to individuals 

17 under Federal law, or to supersede State laws, that pro18 vide protections against discrimination beyond those pro19 vided in this Act. 

20 (c) OTHER INDIVIDUALS CONSIDERED AS ACTING

21 UNDER COLOR OF LAW.—Any person who, by operation 

22 of a provision of Federal or State law, is permitted to im23 plement or enforce a limitation, prohibition, or require24 ment that violates section 3 of this Act shall be considered 

25 as acting under color of law for purposes of this Act. 


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1 SEC. 5. SEVERABILITY. 

2 If any provision of this Act, or the application of such 

3 provision to any person, entity, government, or cir4 cumstance, is held to be unconstitutional, the remainder 

5 of this Act, or the application of such provision to all other 

6 persons, entities, governments, or circumstances, shall not 

7 be affected thereby. 

Æ 


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