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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
727
BY
STATE
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
SEX
CRIMES;
AMENDING
SECTION
18
-
6605,
IDAHO
CODE,
TO
REVISE
A
2
PROVISION
REGARDING
VIDEO
VOYEURISM;
AMENDING
SECTION
18
-
6606,
IDAHO
3
CODE,
TO
REVISE
A
PROVISION
REGARDING
A
PENALTY;
AND
DECLARING
AN
EMER
-
4
GENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
5
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
6
SECTION
1.
That
Section
18
-
6605,
Idaho
Code,
be,
and
the
same
is
hereby
7
amended
to
read
as
follows:
8
18
-
6605.
VIDEO
VOYEURISM.
(1)
As
used
in
this
section:
9
(a)
"Broadcast"
means
the
electronic
transmittal
of
a
visual
image
with
10
the
intent
that
it
be
viewed
by
a
person
or
persons.
1
1
(b)
"Disseminate"
means
to
make
available
by
any
means
to
any
person.
12
(c)
"Imaging
device"
means
any
instrument
capable
of
recording,
stor
-
13
ing,
viewing
or
transmitting
visual
images.
14
(d)
"Intimate
areas"
means
the
nude
genitals,
nude
pubic
area,
nude
15
buttocks
or
nude
female
nipple.
16
(e)
"Person"
means
any
natural
person,
corporation,
partnership,
firm,
17
association,
joint
venture
or
any
other
recognized
legal
entity
or
any
18
agent
or
servant
thereof.
19
(f)
"Place
where
a
person
has
a
reasonable
expectation
of
privacy"
20
means:
21
(i)
A
place
where
a
reasonable
person
would
believe
that
he
could
22
undress,
be
undressed
or
engage
in
sexual
activity
in
privacy,
23
without
concern
that
he
is
being
viewed,
photographed,
filmed
or
24
otherwise
recorded
by
an
imaging
device;
or
25
(ii)
A
place
where
a
person
might
reasonably
expect
to
be
safe
from
26
casual
or
hostile
surveillance
by
an
imaging
device;
or
27
(iii)
Any
public
place
where
a
person,
by
taking
reasonable
28
steps
to
conceal
intimate
areas,
should
be
free
from
the
viewing,
29
recording,
storing
or
transmitting
of
images
obtained
by
imaging
30
devices
designed
to
overcome
the
barriers
created
by
a
person's
31
covering
of
intimate
areas.
32
(g)
"Publish"
means
to:
33
(i)
Disseminate
with
the
intent
that
such
image
or
images
be
made
34
available
by
any
means
to
any
person;
or
35
(ii)
Disseminate
with
the
intent
that
such
images
be
sold
by
an
-
36
other
person;
or
37
(iii)
Post,
present,
display,
exhibit,
circulate,
advertise
or
38
allow
access
by
any
means
so
as
to
make
an
image
or
images
available
39
to
the
public;
or
40
(iv)
Disseminate
with
the
intent
that
an
image
or
images
be
41
posted,
presented,
displayed,
exhibited,
circulated,
advertised
42
2
or
made
accessible
by
any
means
and
to
make
such
image
or
images
1
available
to
the
public.
2
(h)
"Sell"
means
to
disseminate
to
another
person,
or
to
publish,
in
ex
-
3
change
for
something
of
value.
4
(i)
"Sexual
act"
includes,
but
is
not
limited
to,
masturbation;
gen
-
5
ital,
anal
or
oral
sex;
sexual
penetration
with
an
object;
or
the
6
transfer
or
transmission
of
semen
upon
any
part
of
the
depicted
person's
7
body.
8
(2)
A
person
is
guilty
of
video
voyeurism
when,
with
the
intent
of
9
arousing,
appealing
to
or
gratifying
the
lust
or
passions
or
sexual
desires
10
of
such
person
or
another
person,
or
for
his
own
or
another
person's
lasciv
-
1
1
ious
entertainment
or
satisfaction
of
prurient
interest,
or
for
the
purpose
12
of
sexually
degrading
or
abusing
any
other
person,
he
uses,
installs
or
per
-
13
mits
the
use
or
installation
of
an
imaging
device
at
a
place
where
a
person
14
would
have
a
reasonable
expectation
of
privacy,
without
the
knowledge
or
15
consent
of
the
person
using
such
place.
16
(3)
A
person
is
guilty
of
video
voyeurism
when:
17
(a)
With
the
intent
to
annoy,
terrify,
threaten,
intimidate,
harass,
18
offend,
humiliate
or
degrade,
he
intentionally
disseminates,
publishes
19
or
sells
,
or
threatens
or
conspires
to
disseminate,
publish
or
sell
,
any
20
image
of
another
person
who
is
identifiable
from
the
image
itself
or
in
-
21
formation
displayed
in
connection
with
the
image
and
whose
intimate
ar
-
22
eas
are
exposed,
in
whole
or
in
part,
or
who
is
engaged
in
a
sexual
act;
23
(b)
He
knew
or
reasonably
should
have
known
that
the
person
depicted
in
24
the
image
understood
that
the
image
should
remain
private;
and
25
(c)
He
knew
or
reasonably
should
have
known
that
the
person
depicted
in
26
the
image
did
not
consent
to
the
dissemination,
publication
or
sale
of
27
the
image.
28
(4)
A
violation
of
this
section
is
a
felony.
29
(5)
This
section
does
not
apply
to:
30
(a)
An
interactive
computer
service,
as
defined
in
47
U.S.C.
230(f)(2),
31
an
information
service,
as
defined
in
47
U.S.C.
153
or
a
telecommuni
-
32
cation
service,
as
defined
in
section
61
-
121(2)
or
62
-
603(13),
Idaho
33
Code,
for
content
provided
by
another
person,
unless
the
provider
in
-
34
tentionally
aids
or
abets
video
voyeurism;
35
(b)
Images
involving
voluntary
exposure
in
public
or
commercial
set
-
36
tings;
or
37
(c)
Disclosures
made
in
the
public
interest
including,
but
not
limited
38
to,
the
reporting
of
unlawful
conduct
or
the
lawful
and
common
practices
39
of
law
enforcement,
criminal
reporting,
legal
proceedings
or
medical
40
treatment.
41
SECTION
2.
That
Section
18
-
6606,
Idaho
Code,
be,
and
the
same
is
hereby
42
amended
to
read
as
follows:
43
18
-
6606.
DISCLOSING
EXPLICIT
SYNTHETIC
MEDIA.
(1)
A
person
is
guilty
44
of
disclosing
explicit
synthetic
media
when
the
person
knowingly:
45
(a)
Discloses
explicit
synthetic
media
and
knows
or
reasonably
should
46
know
that:
47
(i)
An
identifiable
person
portrayed
in
whole
or
in
part
in
the
48
explicit
synthetic
media
did
not
consent
to
such
disclosure;
and
49
3
(ii)
Disclosure
of
the
explicit
synthetic
media
would
cause
the
1
identifiable
person
substantial
emotional
distress;
2
(b)
Discloses
explicit
synthetic
media
with
the
intent
to
annoy,
ter
-
3
rify,
threaten,
intimidate,
harass,
offend,
humiliate,
or
degrade
an
4
identifiable
person
portrayed
in
whole
or
in
part
in
the
explicit
syn
-
5
thetic
media;
or
6
(c)
Possesses
and
threatens
to
disclose
explicit
synthetic
media
with
7
the
intent
to
obtain
money
or
other
valuable
consideration
from
an
iden
-
8
tifiable
person
portrayed
in
whole
or
in
part
in
the
explicit
synthetic
9
media.
10
(2)
A
person
who
violates
subsection
(1)
of
this
section
is
guilty
of
a
1
1
misdemeanor
unless
such
person
is
guilty
of
a
felony
as
provided
in
subsec
-
12
tion
(3)
of
this
section.
13
(3)
A
person
who
violates
subsection
(1)
of
this
section
when
the
iden
-
14
tifiable
person
is
under
eighteen
(18)
years
of
age
or
when
the
person
was
15
previously
found
guilty
of
a
violation
of
this
section
or
a
similar
statute
16
in
another
state
or
any
local
jurisdiction
within
the
past
five
(5)
years,
17
notwithstanding
the
form
of
the
judgment
or
withheld
judgment,
is
guilty
of
18
a
felony
punishable
by
imprisonment
for
a
period
no
more
than
ten
(10)
years,
19
or
by
a
fine
of
no
more
than
twenty
-
five
thousand
dollars
($25,000),
or
by
20
both
such
fine
and
imprisonment.
21
(4)
As
used
in
this
section:
22
(a)
"Disclose"
means
to
make
available
by
any
means
to
any
person.
23
(b)
"Explicit
synthetic
media"
means
synthetic
media
that
depicts
or
24
appears
to
depict:
25
(i)
An
identifiable
individual
engaged
in
sexual
conduct;
26
(ii)
The
intimate
parts
of
another
individual
or
artificially
27
generated
intimate
parts
presented
as
the
intimate
parts
of
an
28
identifiable
individual;
or
29
(iii)
The
display
or
transfer
of
sexual
bodily
fluids
onto
any
part
30
of
the
body
of
an
identifiable
individual
or
from
the
body
of
an
31
identifiable
individual.
32
(c)
"Identifiable
individual"
means
a
person
who
is
portrayed
in
whole
33
or
in
part
in
synthetic
media
and
who
is
recognizable
by
the
person's
34
face,
likeness,
or
other
distinguishing
characteristic,
such
as
a
35
unique
birthmark
or
other
recognizable
feature.
36
(d)
"Intimate
parts"
means
the
nude
genitals,
pubic
area,
anus,
or
37
postpubescent
female
nipple.
38
(e)
"Realistically"
means
that
the
synthetic
media
is
sufficiently
39
convincing
such
that
an
ordinary
person
viewing
the
synthetic
media
40
would
conclude
that
it
is
an
actual
image
or
video
of
the
identifiable
41
person
but
does
not
include
drawings,
cartoons,
or
paintings.
42
(f)
"Sexual
conduct"
means
actual
or
simulated
sexual
intercourse,
43
oral
-
genital
contact,
manual
genital
contact,
genital
-
anal
contact,
44
oral
-
anal
contact,
or
other
physical
-
genital
contact.
45
(g)
"Synthetic
media"
means
any
image
or
video
created
or
altered
us
-
46
ing
technical
means,
such
as
artificial
intelligence,
to
realistically
47
misrepresent
an
identifiable
individual
as
engaging
in
conduct
in
which
48
the
identifiable
individual
did
not
engage.
49
4
(h)
"Valuable
consideration"
includes
but
is
not
limited
to
sexually
1
explicit
images
or
video
from
the
identifiable
individual
portrayed
in
2
the
synthetic
media.
3
(5)
Subsection
(1)(a)
of
this
section
shall
not
apply
when:
4
(a)
The
disclosure
is
made
for
the
purpose
of
a
criminal
investigation
5
or
prosecution
that
is
otherwise
lawful;
6
(b)
The
disclosure
is
for
the
purpose
of,
or
in
connection
with,
the
re
-
7
porting
of
unlawful
conduct;
8
(c)
The
explicit
synthetic
media
relates
to
a
matter
of
public
interest
9
and
disclosure
serves
a
lawful
public
purpose,
provided
that
explicit
10
synthetic
media
does
not
relate
to
a
matter
of
public
interest
merely
1
1
because
a
public
figure
is
portrayed
in
the
explicit
synthetic
media;
12
(d)
The
disclosure
is
for
legitimate
scientific
research
or
educa
-
13
tional
purposes;
or
14
(e)
The
disclosure
is
made
in
the
normal
course
of
civil
legal
proceed
-
15
ings
and
consistent
with
common
practice
or
is
protected
by
court
order
16
that
prohibits
further
dissemination.
17
(6)
The
provisions
of
this
section
shall
not
apply
to
an
interactive
18
computer
service,
as
defined
in
47
U.S.C.
230(f)(2);
an
information
service,
19
as
defined
in
47
U.S.C.
153;
or
a
telecommunication
service,
as
defined
in
20
section
61
-
121(2)
or
62
-
603(13),
Idaho
Code,
for
content
provided
by
another
21
person,
unless
the
provider
intentionally
aids
or
abets
disclosing
explicit
22
synthetic
media.
23
(7)
If
any
provision
of
this
section
or
the
application
thereof
to
any
24
person
or
circumstance
is
held
invalid,
such
invalidity
shall
not
affect
25
other
provisions
or
applications
of
this
section
that
can
be
given
effect
26
without
the
invalid
provision
or
application,
and
to
this
end
the
provisions
27
of
this
section
are
declared
to
be
severable.
28
SECTION
3.
An
emergency
existing
therefor,
which
emergency
is
hereby
29
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
30
July
1,
2026.
31