Knowingly entering a restroom reserved for the other sex would be a misdemeanor

Under the proposal, knowingly or intentionally entering a restroom designated only for the other sex would be a Class B misdemeanor. The rule covers a male entering a restroom designated only for females, or a female entering one designated only for males. The bill defines female by birth or by having at least one X chromosome and no Y chromosome; it defines male by birth or by having at least one X and one Y chromosome. The person must enter knowingly or intentionally. The proposed provisions would take effect July 1, 2026.

A person could raise certain circumstances as a defense to prosecution. These defenses apply to a prosecution under the proposed restroom trespass chapter. A defense applies if the person entered for custodial purposes or to render assistance. A person under 12 has a defense when accompanying a parent, guardian, custodian, teacher, or babysitter into a restroom designated for that person's sex.