H0795 • 2026

OBSCENE MATERIAL AND LEWD MATTER – Amends existing law to revise the definition of “obscene material” and to revise the definition of “lewd matter.”

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: STATE AFFAIRS COMMITTEE
Last action: 2026-04-01
Official status: LAW
Effective date: 2026-07-01

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

OBSCENE MATERIAL AND LEWD MATTER – Amends existing law to revise the definition of “obscene material” and to revise the definition of “lewd matter.”

What This Bill Does

OBSCENE MATERIAL AND LEWD MATTER – Amends existing law to revise the definition of “obscene material” and to revise the definition of “lewd matter.”

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

2026-04-01 Idaho State Legislature
Reported Signed by Governor on March 31, 2026 Session Law Chapter 262 Effective: 07/01/2026
2026-03-30 Idaho State Legislature
Received from the House enrolled/signed by Speaker
2026-03-30 Idaho State Legislature
Signed by President; returned to House
2026-03-30 Idaho State Legislature
Returned Signed by the President; Ordered Transmitted to Governor
2026-03-30 Idaho State Legislature
Delivered to Governor at 12:31 p.m. on March 30, 2026
2026-03-27 Idaho State Legislature
Reported Enrolled; Signed by Speaker; Transmitted to Senate
2026-03-26 Idaho State Legislature
Read third time in full – PASSED - 34-0-1 AYES – Adams, Anthon, Bernt, Bjerke(Bjerke), Blaylock, Burtenshaw, Carlson, Cook, Den Hartog, Foreman, Galloway, Grow, Guthrie, Harris, Hart, Keyser, Kohl, Lakey, Lenney, Lent, Nichols, Okuniewicz, Rabe, Ricks, Ruchti, Shippy, Taylor, Toews, VanOrden, Ward-Engelking, Wintrow, Woodward, Zito, Zuiderveld NAYS – None Absent and excused – Semmelroth Floor Sponsor - Carlson Title apvd - to House
2026-03-26 Idaho State Legislature
Returned from Senate Passed; to JRA for Enrolling
2026-03-24 Idaho State Legislature
Read second time; filed for Third Reading
2026-03-23 Idaho State Legislature
Reported out of Committee with Do Pass Recommendation; Filed for second reading
2026-03-17 Idaho State Legislature
Received from the House passed; filed for first reading
2026-03-17 Idaho State Legislature
Introduced, read first time; referred to: State Affairs
2026-03-16 Idaho State Legislature
Read Third Time in Full – PASSED - 69-0-1 AYES – Alfieri, Barbieri, Beiswenger, Berch, Bingham, Boyle, Bruce, Burgoyne, Cannon, Cayler, Cheatum, Church, Cornilles, Crane(12), Crane(13), Dygert, Egbert, Ehardt, Ehlers, Erickson(Larsen), Fuhriman, Furniss, Galaviz, Gannon, Garner, Green, Hall(Stone), Handy, Harris, Hawkins, Healey, Hill, Holtzclaw, Hostetler, Leavitt, Manwaring, Marmon, Mathias, McCann, Mendive, Mickelsen, Miller, Mitchell, Monks, Nelsen, Palmer, Petzke, Pickett, Pohanka, Price, Rasor, Raybould, Raymond, Redman, Rubel, Sauter, Scott, Shepherd, Shirts, Skaug(Chadwick), Tanner(13), Tanner(14), Thompson, Vander Woude, Veile, Weber, Wheeler, Wisniewski, Mr. Speaker NAYS – None Absent – Haws Floor Sponsor - Crane(12) Title apvd - to Senate
2026-03-13 Idaho State Legislature
Read second time; Filed for Third Reading
2026-03-12 Idaho State Legislature
Reported out of Committee with Do Pass Recommendation, Filed for Second Reading
2026-03-02 Idaho State Legislature
Reported Printed and Referred to State Affairs
2026-02-27 Idaho State Legislature
Introduced, read first time, referred to JRA for Printing

Official Summary Text

OBSCENE MATERIAL AND LEWD MATTER – Amends existing law to revise the definition of “obscene material” and to revise the definition of “lewd matter.”

Current Bill Text

Read the full stored bill text

LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
795
BY
STATE
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
OBSCENE
MATERIAL
AND
LEWD
MATTER;
AMENDING
SECTION
18
-
4101,
2
IDAHO
CODE,
TO
REVISE
A
DEFINITION;
AMENDING
SECTION
52
-
103,
IDAHO
3
CODE,
TO
REVISE
A
DEFINITION;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
4
AN
EFFECTIVE
DATE.
5
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
6
SECTION
1.
That
Section
18
-
4101,
Idaho
Code,
be,
and
the
same
is
hereby
7
amended
to
read
as
follows:
8
18
-
4101.
DEFINITIONS.
The
following
definitions
are
applicable
to
9
this
act:
10
(A)
"Obscene
material"
means
any
matter:
1
1
(1)
Which
the
average
person,
applying
contemporary
community
stan
-
12
dards,
would
find,
when
considered
as
a
whole,
appeals
to
the
prurient
13
interest;
and
14
(2)
Which
depicts
or
describes
patently
offensive
representations
or
15
descriptions
of:
16
(a)
Ultimate
sexual
acts,
normal
or
perverted,
actual
or
simu
-
17
lated;
or
18
(b)
Masturbation,
excretory
functions,
or
lewd
exhibition
of
the
19
genitals
or
genital
area.
20
Nothing
herein
contained
is
intended
to
include
or
proscribe
any
matter
21
which,
when
considered
as
a
whole,
and
in
the
context
in
which
it
is
used,
22
possesses
serious
literary,
artistic,
political
or
scientific
value.
23
In
prosecutions
under
this
act,
where
circumstances
of
production,
pre
-
24
sentation,
sale,
dissemination,
or
publicity
indicate
that
the
matter
is
be
-
25
ing
commercially
exploited
by
the
defendant
for
the
sake
of
its
prurient
ap
-
26
peal,
such
evidence
is
probative
with
respect
to
the
nature
of
the
matter
and
27
can
justify
the
conclusion
that,
in
the
context
in
which
it
is
used,
the
mat
-
28
ter
has
no
serious
literary,
artistic,
political,
or
scientific
value.
29
(B)
"Prurient
interest"
means
a
shameful
or
morbid
interest
in
nudity,
30
sex,
or
excretion,
which
goes
substantially
beyond
customary
limits
of
can
-
31
dor
in
description
or
representation
of
such
matters.
If
it
appears
from
the
32
character
of
the
material
or
the
circumstances
of
its
dissemination
that
the
33
subject
matter
is
designed
for
a
specially
susceptible
audience
or
clearly
34
defined
deviant
sexual
group,
the
appeal
of
the
subject
matter
shall
be
35
judged
with
reference
to
such
audience
or
group.
36
(C)
"Matter"
or
"material"
means
any
book,
magazine,
newspaper,
or
37
other
printed
or
written
material;
or
any
picture,
drawing,
photograph,
mo
-
38
tion
picture,
or
other
pictorial
representation;
or
any
statue
or
other
fig
-
39
ure;
or
any
recording,
transcription,
or
mechanical,
chemical,
or
electri
-
40
cal
reproduction;
or
any
other
articles,
equipment,
machines,
or
materials.
41

2
(D)
"Person"
means
any
individual,
partnership,
firm,
association,
1
corporation,
or
other
legal
entity;
or
any
agent
or
servant
thereof.
2
(E)
"Distribute"
means
to
transfer
possession
of,
whether
with
or
with
-
3
out
consideration,
by
any
means.
4
(F)
"Knowingly"
means
having
actual
or
constructive
knowledge
of
the
5
character
of
the
subject
matter
or
live
conduct.
A
person
shall
be
deemed
to
6
have
constructive
knowledge
of
the
character
of
the
subject
matter
or
live
7
conduct
if
he
has
knowledge
of
facts
which
would
put
a
reasonable
and
prudent
8
man
on
notice
as
to
the
suspect
nature
of
the
matter,
and
the
failure
to
in
-
9
spect
the
contents
is
either
for
the
purpose
of
avoiding
such
disclosure
or
10
is
due
to
reckless
conduct.
1
1
(G)
"Reckless
conduct"
is
conduct
which
consciously
disregards
a
sub
-
12
stantial
and
unjustifiable
risk
that
matter
may
be
obscene.
The
risk
must
be
13
of
such
a
nature
and
degree
that,
considering
the
nature
and
purpose
of
the
14
actor's
conduct
and
the
circumstances
known
to
him,
its
disregard
involves
15
a
gross
deviation
from
the
standard
of
conduct
that
an
average
law
-
abiding
16
person
would
observe
in
the
actor's
situation
under
like
circumstances.
17
(H)
"Exhibit"
means
to
show
or
display.
18
(I)
"Obscene
live
conduct"
means
any
physical
human
body
activity,
19
whether
performed
or
engaged
in
alone
or
with
other
persons,
including
but
20
not
limited
to
singing,
speaking,
dancing,
acting,
simulating,
or
pantomim
-
21
ing,
where:
22
(1)
The
average
person,
applying
contemporary
community
standards,
23
would
find
such
conduct,
when
considered
as
a
whole,
appeals
to
the
24
prurient
interest;
and
25
(2)
The
conduct
is
patently
offensive
because
it
consists
of:
26
(a)
Ultimate
sexual
acts,
normal
or
perverted,
actual
or
simu
-
27
lated;
or
28
(b)
Masturbation,
excretory
functions,
or
lewd
exhibition
of
the
29
genitals
or
genital
area.
30
Nothing
herein
contained
is
intended
to
include
or
proscribe
any
con
-
31
duct
which,
when
considered
as
a
whole,
and
in
the
context
in
which
it
is
32
used,
possesses
serious
literary,
artistic,
political
or
scientific
value.
33
In
prosecutions
under
this
act,
where
circumstances
of
production,
presen
-
34
tation,
advertising,
or
exhibition
indicate
that
live
conduct
is
being
com
-
35
mercially
exploited
by
the
defendant
for
the
sake
of
its
prurient
appeal,
36
such
evidence
is
probative
with
respect
to
the
nature
of
the
conduct
and
can
37
justify
the
conclusion
that,
in
the
context
in
which
it
is
used,
the
matter
38
has
no
serious
literary,
artistic,
political
or
scientific
value.
Nothing
39
herein
contained
is
intended
to
include
or
proscribe
the
breastfeeding
of
a
40
child
or
the
expression
of
breast
milk
for
the
purpose
of
feeding
a
child.
41
SECTION
2.
That
Section
52
-
103,
Idaho
Code,
be,
and
the
same
is
hereby
42
amended
to
read
as
follows:
43
52
-
103.
MORAL
NUISANCES
-
-
DEFINITIONS.
As
used
in
title
52,
Idaho
44
Code,
relating
to
moral
nuisances.
45
(A)
"Knowledge"
or
"knowledge
of
such
nuisance"
means
having
knowledge
46
of
the
contents
and
character
of
the
patently
offensive
sexual
conduct
which
47
appears
in
the
lewd
matter,
or
knowledge
of
the
acts
of
lewdness,
assigna
-
48
tion,
or
prostitution
which
occur
on
the
premises.
49

3
(B)
"Lewd
matter"
is
synonymous
with
"obscene
matter"
and
means
any
1
matter:
2
(1)
which
the
average
person,
applying
contemporary
community
stan
-
3
dards,
would
find,
when
considered
as
a
whole,
appeals
to
the
prurient
4
interest;
and
5
(2)
which
depicts
or
describes
patently
offensive
representations
or
6
descriptions
of:
7
(a)
ultimate
sexual
acts,
normal
or
perverted,
actual
or
simu
-
8
lated;
or
9
(b)
masturbation,
excretory
functions,
or
lewd
exhibition
of
the
10
genitals
or
genital
area.
1
1
Nothing
herein
contained
is
intended
to
include
or
proscribe
any
matter
12
which,
when
considered
as
a
whole,
and
in
the
context
in
which
it
is
used,
13
possesses
serious
literary,
artistic,
political
or
scientific
value.
14
(C)
"Lewdness"
shall
have
and
include
all
those
meanings
which
are
as
-
15
signed
to
it
under
the
common
law.
16
(D)
"Matter"
means
a
motion
picture
film
or
a
publication
or
both.
17
(E)
"Moral
Nuisance"
means
a
nuisance
which
is
injurious
to
public
18
morals.
19
(F)
"Motion
picture
film"
shall
include
any:
20
(1)
film
or
plate
negative;
21
(2)
film
or
plate
positive;
22
(3)
film
designed
to
be
projected
on
a
screen
for
exhibition;
23
(4)
films,
glass
slides
or
transparencies,
either
in
negative
or
posi
-
24
tive
form,
designed
for
exhibition
by
projection
on
a
screen.
25
(5)
video
tape
or
any
other
medium
used
to
electronically
reproduce
im
-
26
ages
on
a
screen.
27
(G)
"Person"
means
any
individual,
partnership,
firm,
association,
28
corporation,
or
other
legal
entity.
29
(H)
"Place"
includes,
but
is
not
limited
to,
any
building,
structure
or
30
places,
or
any
separate
part
or
portion
thereof,
whether
permanent
or
not,
or
31
the
ground
itself.
32
(I)
"Publication"
shall
include
any
book,
magazine,
article,
pamphlet,
33
writing,
printing,
illustration,
picture,
sound
recording,
or
a
motion
pic
-
34
ture
film
which
is
offered
for
sale
or
exhibited
in
a
coin
-
operated
machine.
35
(J)
"Sale"
means
a
passing
of
title
or
right
of
possession
from
a
seller
36
to
a
buyer
for
valuable
consideration,
and
shall
include,
but
is
not
limited
37
to,
any
lease
or
rental
arrangement
or
other
transaction
wherein
or
whereby
38
any
valuable
consideration
is
received
for
the
use
of,
or
transfer
or
posses
-
39
sion
of,
lewd
matter.
40
SECTION
3.
An
emergency
existing
therefor,
which
emergency
is
hereby
41
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
42
July
1,
2026.
43