Jane's Regional Guide » Idaho
This section on the laws of Idaho is provided with this caveat. There is no warranty that it is complete. It is not legal advice and I am not a lawyer. I am only trying to help people find resources that might help them. If you think you need legal advice consult an attorney in this jurisdiction. This section is a work in progress and laws do change. Web versions of legal codes are not always updated as regularly as they should be. Be sure to check these laws at their original source before relying upon any information. If you have any information to add please write to Jim.
This is some background information on Idaho Laws. The age of consent in Idaho is 18 years old as defined in IC 18-6101.
The following are laws in the state of Idaho that we feel restrict the consensual act of sex. These are victimless acts that are criminalized by someone trying to legislate their own morality. Some of these laws are rarely and unevenly applied, but as long as they are on the books they can be used to persecute people. If you live in Idaho ask your Legislators to change these laws.
IC 18-1101 Bigamy
"Every person having a husband or wife living, who marries any other person, ...is guilty of bigamy"... "punishable by fine not exceeding $2,000 and by imprisonment in the state prison not exceeding three (3) years."
IC 18-4103 General sale or distribution of obscene matter
"Every person in this state who knowingly: brings or causes to be brought into this state for sale or distribution; or in this state prepares for distribution, publishes, prints, exhibits, distributes, or offers to distribute; or has in his possession with intent to distribute, exhibit, or offer to distribute, any obscene matter is guilty of a misdemeanor."
IC 18-4104 Participation in, or production or presentation of, obscene live conduct
"Every person who knowingly engages or participates in, manages, produces, sponsors, presents, or exhibits obscene live conduct to or before an assembly or audience ... in any place open to the public or to a segment thereof, whether or not an admission fee is charged, or whether or not attendance is conditioned upon the presentation of a membership card or other token, is guilty of a misdemeanor."
IC 18-5602 Procurement of prostitution
"Any person who induces, compels, entices, or procures another person to engage in acts as a prostitute shall be guilty of a felony ..."
IC 18-5606 Accepting earnings of prostitute
"Any person who shall knowingly accept or appropriate any money or item of value from the proceeds or earnings of any person engaged in prostitution as part of a joint venture with such person shall be guilty of a felony ..."
IC 18-5608 Harboring prostitutes
"Any person maintaining, controlling or supporting a house of prostitution as defined in this chapter, shall be guilty of a felony..."
IC 18-5613 Prostitution
"A person is guilty of prostitution when he or she: (a) engages in or offers or agrees to engage in sexual conduct, or sexual contact with another person in return for a fee; or (b) is an inmate of a house of prostitution; or (c) loiters in or within view of any public place for the purpose of being hired to engage in sexual conduct or sexual contact. Prostitution is a misdemeanor..."
IC 18-5614 Patronizing a prostitute
"A person is guilty of patronizing a prostitute when he or she: (a) Pays or offers or agrees to pay another person a fee for the purpose of engaging in an act of sexual conduct or sexual contact; (b) Enters or remains in a house of prostitution for the purpose of engaging in sexual conduct or sexual contact. Patronizing a prostitute is a misdemeanor..."
IC 18-6601 Adultery
"A married man who has sexual intercourse with a woman not his wife, an unmarried man who has sexual intercourse with a married woman, a married woman who has sexual intercourse with a man not her husband, and an unmarried woman who has sexual intercourse with a married man, shall be guilty of adultery, and shall be punished by a fine of not less than $100, or by imprisonment in the county jail for not less than three months, or by imprisonment in the state penitentiary for a period not exceeding three [(3)] years, or in the county jail for a period not exceeding one [(1)] year, or by fine not exceeding $1000."
IC 18-6603 Fornication
"Any unmarried person who shall have sexual intercourse with an unmarried person of the opposite sex shall be deemed guilty of fornication, and, upon conviction thereof, shall be punished by a fine of not more than $300 or by imprisonment for not more than six (6) months..."
IC 18-6605 Crime against nature
"Every person who is guilty of the infamous crime against nature, committed with mankind or with any animal, is punishable by imprisonment in the state prison not less than five (5) years."
IC 52-104 Moral nuisances
"The following are declared to be moral nuisances: (A) any and every place in the state where lewd films are publicly exhibited as a regular course of business, or possessed for the purpose of such exhibition; ... any and every place of business in the state in which lewd publications constitute a principal part of the stock in trade; ... and (F) Every place which, as a regular course of business, is used for the purposes of lewdness, assignation, or prostitution, and every such place in or upon which acts of lewdness, assignation, or prostitution, are held or occur." Any person residing in the county may sue for damages.
IC 52-414 Lease void if building used for lewd purposes
"If a tenant or occupant of a building or tenement, under a lawful title, uses such place for the purposes of lewdness, assignation, or prostitution, such use makes void the lease or other title under which he holds, at the option of the owner, and, without any act of the owner, causes the right of possession to revert and vest in such owner, who may without process of law make immediate entry upon the premises."
IC 23-614 Prohibited acts in establishments selling liquor
Employment or use of any person while such person is unclothed, touches or is touched upon "... any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals. Employment or use of any person to perform acts of or acts which simulate sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law" is a misdemeanor.