A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.
Summary
HB 1198 creates a new criminal offense called “restroom trespass” for knowingly or intentionally entering a single-sex public restroom designated for the opposite sex. Under the bill, a male who enters a restroom designated only for females, or a female who enters a restroom designated only for males, commits a Class B misdemeanor. The bill also adds definitions of “male” and “female” to the Indiana Code for purposes of this new chapter, using both birth sex and chromosome-based criteria.
The bill includes limited defenses. A person may avoid prosecution if entering the restroom for custodial purposes or to render assistance. It also provides an exception for a child under 12 who accompanies a parent, guardian, custodian, teacher, or babysitter into the restroom designated for that adult’s sex. The bill is set to take effect July 1, 2026, and would amend Indiana’s criminal law and procedure code by adding a new chapter on single-sex public restroom trespass.
Impact
HB 1198 would add a new misdemeanor offense to Indiana criminal law and create new statutory definitions of male and female for this specific chapter. It would affect individuals who enter sex-designated public restrooms, as well as public facilities, schools, employers, and other entities that maintain single-sex restroom policies. The bill would also require law enforcement and prosecutors to apply the new offense and its defenses, while leaving room for custodial, assistance, and child-accompaniment exceptions.
Sentiment
Based on the bill text and the absence of recorded committee discussion or votes, the available context suggests the measure is framed as a public-restroom enforcement bill rather than a broadly negotiated compromise. The bill’s structure indicates a clear policy preference for restricting restroom access based on sex designation, with narrow exceptions to reduce unintended prosecutions. Because no committee transcript or voting history is provided, there is no documented record here of support, opposition, or amendments, but the subject matter is likely to be politically sensitive and closely watched.
Contention
The main point of contention is likely the bill’s restriction on restroom access based on sex and its use of biological/chromosomal definitions of male and female. Supporters would likely view the bill as protecting privacy, safety, and sex-separated facilities, while opponents would likely argue it targets transgender and gender-nonconforming people and could create enforcement and civil-rights concerns. The exceptions for custodial duties, assistance, and young children suggest an attempt to limit practical problems, but the underlying classification scheme remains the central issue.