I 

118TH CONGRESS 

2D SESSION H. R. 8188 

To create a civil action for non-consensual sexual protection barrier removal, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 30, 2024 

Mrs. TORRES of California (for herself, Ms. BONAMICI, Ms. NORTON, Ms. LEE

of California, Ms. TLAIB, Ms. BARRAGA ́N, Mr. CARTER of Louisiana, Ms. 

MENG, and Mr. TRONE) introduced the following bill; which was referred 

to the Committee on the Judiciary 

A BILL 

To create a civil action for non-consensual sexual protection 

barrier removal, and for other purposes. 

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 ‘‘Stealthing Act of 

5 2024’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) Stealthing is a type of sexual violence used 

2 to describe non-consensual condom removal during 

3 sex. 

4 (2) In October 2021, California became the 

5 first State to outlaw stealthing at the State level. 

6 This law creates a civil remedy so that victims of 

7 stealthing can sue for damages. 

8 (3) A 2019 study from Health Psychology re9 ported that almost 10 percent of male participants 

10 reported engaging in non-consensual condom re11 moval since the age of 14 years, with an average of 

12 3.62 times and a range of 1–21 times. 

13 (4) A 2019 study from the Jacobs Institute of 

14 Women’s Health found that 12 percent of women 

15 have experienced stealthing. 

16 (5) A 2018 Australian study from PLoS ONE 

17 found that one in three female respondents and one 

18 in five gay male respondents have experienced 

19 stealthing. 

20 (6) Stealthing is a grave violation of autonomy, 

21 dignity, and trust that is considered emotional and 

22 sexual abuse. 

23 (7) Stealthing exposes victims to physical risks 

24 including pregnancy and sexually transmitted dis25 eases. 


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1 (8) People engaging in sexual intercourse have 

2 the right to make decisions about whether to use a 

3 condom or other sexual protection barrier. 

4 SEC. 3. NON-CONSENSUAL SEXUAL PROTECTION BARRIER 

5 REMOVAL. 

6 (a) CIVIL ACTION.—Any person may commence a 

7 civil action against a person who, in a circumstance de8 scribed in subsection (b), engages in non-consensual sex9 ual protection barrier removal. 

10 (b) CIRCUMSTANCES DESCRIBED.—For the purposes 

11 of subsection (a), the circumstances described in this sub12 section are that— 

13 (1) the defendant traveled in interstate or for14 eign commerce, or traveled using a means, channel, 

15 facility, or instrumentality of interstate or foreign 

16 commerce, in furtherance of or in connection with 

17 the conduct described in subsection (a); 

18 (2) the defendant used a means, channel, facil19 ity, or instrumentality of interstate or foreign com20 merce in furtherance of or in connection with the 

21 conduct described in subsection (a); 

22 (3) a payment of any kind was made, directly 

23 or indirectly, in furtherance of or in connection with 

24 the conduct described in subsection (a) using any 

25 means, channel, facility, or instrumentality of interVerDate Sep 11 2014 05:53 May 29, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8188.IH H8188

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1 state or foreign commerce or in or affecting inter2 state or foreign commerce; 

3 (4) the defendant transmitted in interstate or 

4 foreign commerce any communication relating to or 

5 in furtherance of the conduct described in subsection 

6 (a) using any means, channel, facility, or instrumen7 tality of interstate or foreign commerce or in or af8 fecting interstate or foreign commerce by any means 

9 or in manner, including by computer, mail, wire, or 

10 electromagnetic transmission; 

11 (5) any sexual protection barrier described has 

12 traveled in interstate or foreign commerce and was 

13 used to perform the conduct described in subsection 

14 (a); 

15 (6) the conduct described in subsection (a) oc16 curred within the special maritime and territorial ju17 risdiction of the United States, or any territory or 

18 possession of the United States; or 

19 (7) the conduct described in subsection (a) oth20 erwise occurred in or affected interstate or foreign 

21 commerce. 

22 (c) PENALTY.—A person bringing a civil action under 

23 subsection (a) may recover compensatory and punitive 

24 damages, injunctive and declaratory relief, and such other 

25 relief as a court may deem appropriate. 


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1 (d) DEFINITIONS.—In this section: 

2 (1) NON-CONSENSUAL SEXUAL PROTECTION

3 BARRIER REMOVAL.—The term ‘‘non-consensual sex4 ual protection barrier removal’’ means removal of a 

5 sexual protection barrier from a body part, including 

6 the genitals, or an object being used by a person for 

7 sexual contact with another person without the con8 sent of each person involved in such sexual contact, 

9 causing sexual contact between the body parts, in10 cluding the genitals, or objects being used for sexual 

11 contact, and the body of any person engaged in such 

12 sexual contact. 

13 (2) SEXUAL PROTECTION BARRIER.—The term 

14 ‘‘sexual protection barrier’’ includes a condom, in15 cluding an internal condom, a dental dam, or any 

16 other barrier against sexual fluids during sexual con17 tact. 

Æ 


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