(1) Stealthing is a type of sexual violence used 
to describe non-consensual condom removal during 
sex. 
(2) In October 2021, California became the 
first State to outlaw stealthing at the State level. 
This law creates a civil remedy so that victims of 
stealthing can sue for damages. 
(3) A 2019 study from Health Psychology re-
ported that almost 10 percent of male participants 
reported engaging in non-consensual condom re-
moval since the age of 14 years, with an average of 
3.62 times and a range of 1–21 times. 
(4) A 2019 study from the Jacobs Institute of 
Women’s Health found that 12 percent of women 
have experienced stealthing. 
(5) A 2018 Australian study from PLoS ONE 
found that one in three female respondents and one 
in five gay male respondents have experienced 
stealthing. 
(6) Stealthing is a grave violation of autonomy, 
dignity, and trust that is considered emotional and 
sexual abuse. 
(7) Stealthing exposes victims to physical risks 
including pregnancy and sexually transmitted dis-
eases. 
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(8) People engaging in sexual intercourse have 
the right to make decisions about whether to use a 
condom or other sexual protection barrier. 
SEC. 3. NON-CONSENSUAL SEXUAL PROTECTION BARRIER 
REMOVAL. 
(a) CIVIL ACTION.—Any person may commence a 
civil action against a person who, in a circumstance de-
scribed in subsection (b), engages in non-consensual sex-
ual protection barrier removal. 
(b) CIRCUMSTANCES DESCRIBED.—For the purposes 
of subsection (a), the circumstances described in this sub-
section are that— 
(1) the defendant traveled in interstate or for-
eign commerce, or traveled using a means, channel, 
facility, or instrumentality of interstate or foreign 
commerce, in furtherance of or in connection with 
the conduct described in subsection (a); 
(2) the defendant used a means, channel, facil-
ity, or instrumentality of interstate or foreign com-
merce in furtherance of or in connection with the 
conduct described in subsection (a); 
(3) a payment of any kind was made, directly 
or indirectly, in furtherance of or in connection with 
the conduct described in subsection (a) using any 
means, channel, facility, or instrumentality of inter-
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state or foreign commerce or in or affecting inter-
state or foreign commerce; 
(4) the defendant transmitted in interstate or 
foreign commerce any communication relating to or 
in furtherance of the conduct described in subsection 
(a) using any means, channel, facility, or instrumen-
tality of interstate or foreign commerce or in or af-
fecting interstate or foreign commerce by any means 
or in manner, including by computer, mail, wire, or 
electromagnetic transmission; 
(5) any sexual protection barrier described has 
traveled in interstate or foreign commerce and was 
used to perform the conduct described in subsection 
(a); 
(6) the conduct described in subsection (a) oc-
curred within the special maritime and territorial ju-
risdiction of the United States, or any territory or 
possession of the United States; or 
(7) the conduct described in subsection (a) oth-
erwise occurred in or affected interstate or foreign 
commerce. 
(c) PENALTY.—A person bringing a civil action under 
subsection (a) may recover compensatory and punitive 
damages, injunctive and declaratory relief, and such other 
relief as a court may deem appropriate. 
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(d) DEFINITIONS.—In this section: 
(1) NON-CONSENSUAL
SEXUAL
PROTECTION 
BARRIER REMOVAL.—The term ‘‘non-consensual sex-
ual protection barrier removal’’ means removal of a 
sexual protection barrier from a body part, including 
the genitals, or an object being used by a person for 
sexual contact with another person without the con-
sent of each person involved in such sexual contact, 
causing sexual contact between the body parts, in-
cluding the genitals, or objects being used for sexual 
contact, and the body of any person engaged in such 
sexual contact. 
(2) SEXUAL PROTECTION BARRIER.—The term 
‘‘sexual protection barrier’’ includes a condom, in-
cluding an internal condom, a dental dam, or any 
other barrier against sexual fluids during sexual con-
tact. 
Æ 
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