---
kind: "section"
citation: "32 C.F.R. § 147.6"
title: "32"
number: "147.6"
heading: "Guidance D—Sexual behavior."
url: "https://uscodex.org/cfr/32/147.6"
---

# §147.6. Guidance D—Sexual behavior.

- (a) **The concern.** Sexual behavior is a security concern if it involves a criminal offense, indicates a personality or emotional disorder, may subject the individual to coercion, exploitation, or duress, or reflects lack of judgment or discretion. 1 Sexual orientation or preference may not be used as a basis for or a disqualifying factor in determining a person's eligibility for a security clearance.
- (b) **Conditions that could raise a security concern and may be disqualifying include—**
  - (1) Sexual behavior of a criminal nature, whether or not the individual has been prosecuted;
  - (2) Compulsive or addictive sexual behavior when the person is unable to stop a pattern or self-destructive or high-risk behavior or that which is symptomatic of a personally disorder;
  - (3) Sexual behavior that causes an individual to be vulnerable to coercion, exploitation, or duress;
  - (4) **Sexual behavior of a public nature and/or that which reflects lack of discretion or judgment.**
- (c) **Conditions that could mitigate security concerns include—**
  - (1) The behavior occurred during or prior to adolescence and there is no evidence of subsequent conduct of a similar nature;
  - (2) The behavior was not recent and there is no evidence of subsequent conduct of a similar nature;
  - (3) There is no other evidence of questionable judgment, irresponsibility, or emotional instability;
  - (4) **The behavior no longer serves as a basis for coercion, exploitation, or duress.**

## Notes

### Authority

Authority: E.O. 12968 (60 FR 40245, 3 CFR 1995 Comp., p 391).

### Source

Source: 63 FR 4573, Jan. 30, 1998, unless otherwise noted.