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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.
819
BY
STATE
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
MINORS;
AMENDING
SECTION
18
-
1514,
IDAHO
CODE,
TO
DEFINE
TERMS,
2
TO
REVISE
DEFINITIONS,
TO
REMOVE
A
DEFINITION,
AND
TO
MAKE
TECHNICAL
3
CORRECTIONS;
AMENDING
SECTION
18
-
1515,
IDAHO
CODE,
TO
REVISE
PROVI
-
4
SIONS
REGARDING
DISSEMINATING
MATERIAL
HARMFUL
TO
MINORS;
AMENDING
5
SECTION
18
-
1517B,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
CHIL
-
6
DREN'S
SCHOOL
AND
LIBRARY
PROTECTION
AND
TO
ESTABLISH
PROVISIONS
7
REGARDING
CHILDREN'S
SCHOOL
AND
LIBRARY
PROTECTION;
AMENDING
SECTION
8
18
-
4105,
IDAHO
CODE,
TO
REVISE
A
CODE
REFERENCE;
AMENDING
SECTION
9
67
-
6533,
IDAHO
CODE,
TO
REVISE
A
REFERENCE;
AND
DECLARING
AN
EMERGENCY
10
AND
PROVIDING
AN
EFFECTIVE
DATE.
1
1
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
12
SECTION
1.
That
Section
18
-
1514,
Idaho
Code,
be,
and
the
same
is
hereby
13
amended
to
read
as
follows:
14
18
-
1514.
OBSCENE
MATERIALS
-
-
DEFINITIONS.
The
following
definitions
15
are
applicable
to
this
act:
16
(1)
"Adolescent
minor"
means
any
person
thirteen
(13)
years
of
age
or
17
older
but
less
than
eighteen
(18)
years
of
age.
18
1.
(2)
"Minor"
means
any
person
less
than
eighteen
(18)
years
of
age.
19
2.
(3)
"Nudity"
means
the
showing
of
the
human
male
or
female
genitals,
20
pubic
area
or
buttocks
with
less
than
a
full
opaque
covering,
or
the
show
-
21
ing
of
the
female
breast
with
less
than
a
full
opaque
covering
of
any
portion
22
thereof
below
the
top
of
the
nipple,
or
the
depiction
of
covered
male
geni
-
23
tals
in
a
discernibly
turgid
state.
24
3.
(4)
"Sexual
conduct"
means
any
act
of
masturbation,
homosexuality,
25
sexual
intercourse,
or
physical
contact
with
a
person's
clothed
or
unclothed
26
genitals,
pubic
area,
buttocks
or,
if
such
person
be
a
female,
the
breast.
27
Breastfeeding,
childbearing,
medical
procedures
and
examinations,
and
any
28
other
nonerotic
physical
contact
shall
not
be
considered
sexual
conduct.
29
4.
(5)
"Sexual
excitement"
means
the
condition
of
human
male
or
female
30
genitals
when
in
a
state
of
sexual
stimulation
or
arousal.
31
5.
(6)
"Sado
-
masochistic
abuse"
means
flagellation
or
torture
by
or
32
upon
a
person
who
is
nude
or
clad
in
undergarments,
a
mask
or
bizarre
costume,
33
or
the
condition
of
being
fettered,
bound
or
otherwise
physically
restrained
34
on
the
part
of
one
who
is
nude
or
so
clothed.
35
6.
(7)(a)
"Harmful
to
minors"
includes
in
its
meaning
means
the
quality
36
of
any
material
or
of
any
performance
or
of
any
description
or
represen
-
37
tation,
in
whatever
form,
of
nudity,
sexual
conduct,
sexual
excitement,
38
or
sado
-
masochistic
abuse,
when
it:
39
(a)
(i)
Appeals
Taken
as
a
whole,
appeals
to
the
prurient
inter
-
40
est
of
adolescent
minors
as
judged
by
the
average
person,
applying
41
contemporary
community
standards;
and
42
2
(b)
(ii)
Depicts
or
describes
representations
or
descriptions
1
of
nudity,
sexual
conduct,
sexual
excitement,
or
sado
-
masochis
-
2
tic
abuse
which
are
patently
offensive
to
prevailing
standards
in
3
the
adult
community
with
respect
to
what
is
suitable
material
for
4
adolescent
minors
and
includes,
but
is
not
limited
to,
patently
5
offensive
representations
or
descriptions
of:
6
(i)
1.
Intimate
sexual
acts,
normal
or
perverted,
actual
or
7
simulated;
or
8
(ii)
2.
Masturbation,
excretory
functions
or
lewd
exhi
-
9
bition
of
the
genitals
or
genital
area.
Nothing
herein
10
contained
is
intended
to
include
or
proscribe
any
matter
1
1
which,
when
considered
as
a
whole,
and
in
context
in
which
it
12
is
used,
possesses
serious
literary,
artistic,
political
or
13
scientific
value
for
minors.
14
(b)
"Harmful
to
minors"
shall
not
include
material
that,
when
consid
-
15
ered
as
a
whole,
possesses
serious
literary,
artistic,
political,
or
16
scientific
value
for
adolescent
minors.
17
7.
(8)
"Material"
means
anything
tangible
which
is
harmful
to
minors
,
18
whether
derived
through
the
medium
of
reading,
observation
,
or
sound
,
in
-
19
cluding
any
picture,
photograph,
drawing,
sculpture,
motion
picture,
film,
20
or
similar
visual
representation
or
image
or
any
book,
pamphlet,
magazine,
21
printed
matter
however
reproduced,
or
sound
recording
.
22
8.
"Performance"
means
any
play,
motion
picture,
dance
or
other
exhi
-
23
bition
performed
before
an
audience.
24
9.
(9)
"Promote"
means
to
manufacture,
issue,
sell,
give,
provide,
de
-
25
liver,
publish,
distribute,
circulate,
disseminate,
present,
exhibit
or
ad
-
26
vertise,
or
to
offer
or
agree
to
do
the
same.
27
10.
(10)
"Knowingly"
means
having
general
knowledge
of,
or
reason
to
28
know,
or
a
belief
or
reasonable
ground
for
belief
that
warrants
further
in
-
29
spection
or
inquiry.
30
11.
(11)
"School"
means
any
public
or
private
school
providing
instruc
-
31
tion
for
students
in
kindergarten
through
grade
12.
32
(12)
"Sexually
explicit"
means
the
quality
of
any
material
when
it
con
-
33
tains
erotic
depictions
of
nudity,
depicts
sexual
conduct
or
sado
-
masochis
-
34
tic
abuse,
or
contains
any
explicit
and
detailed
description
or
narrative
35
account
of
sexual
excitement,
sexual
conduct,
or
sado
-
masochistic
abuse.
36
"Sexually
explicit"
shall
not
include
diagrams
about
anatomy
for
scientific
37
education,
religious
books
such
as
the
Bible
and
the
Torah,
or
content
relat
-
38
ing
to
classical
works
of
art.
39
SECTION
2.
That
Section
18
-
1515,
Idaho
Code,
be,
and
the
same
is
hereby
40
amended
to
read
as
follows:
41
18
-
1515.
DISSEMINATING
MATERIAL
HARMFUL
TO
MINORS
-
-
DEFINED
-
-
42
PENALTY.
A
person
is
guilty
of
disseminating
material
harmful
to
minors
43
when:
44
1.
He
knowingly
gives
or
makes
available
to
a
minor
or
promotes
or
pos
-
45
sesses
with
intent
to
promote
to
minors
,
or
he
knowingly
sells
or
loans
to
46
a
minor
for
monetary
consideration
:
any
material
that
is
sexually
explicit
47
and,
taken
as
a
whole,
is
harmful
to
minors.
48
3
(a)
Any
picture,
photograph,
drawing,
sculpture,
motion
picture
film,
1
or
similar
visual
representation
or
image
of
a
person
or
portion
of
the
2
human
body
which
depicts
nudity,
sexual
conduct
or
sado
-
masochistic
3
abuse
and
which
is
harmful
to
minors;
or
4
(b)
Any
book,
pamphlet,
magazine,
printed
matter
however
reproduced,
5
or
sound
recording
which
contains
any
matter
enumerated
in
paragraph
6
(a)
hereof,
or
explicit
and
detailed
verbal
descriptions
or
narrative
7
accounts
of
sexual
excitement,
sexual
conduct
or
sado
-
masochistic
8
abuse
and
which,
taken
as
a
whole,
is
harmful
to
minors;
or
9
(c)
Any
other
material
harmful
to
minors.
10
2.
With
reference
to
a
motion
picture,
show
or
other
presentation
which
1
1
depicts
nudity,
sexual
conduct
or
sado
-
masochistic
abuse,
and
which
that
is
12
sexually
explicit
and,
taken
as
a
whole,
is
harmful
to
minors,
he
knowingly:
13
(a)
Exhibits
such
motion
picture,
show
or
other
presentation
to
a
minor
14
for
a
monetary
consideration;
or
15
(b)
Sells
to
a
minor
an
admission
ticket
or
pass
to
premises
whereon
16
there
is
exhibited
or
to
be
exhibited
such
motion
picture,
show
or
other
17
presentation;
or
18
(c)
Admits
a
minor
for
a
monetary
consideration
to
premises
whereon
19
there
is
exhibited
or
to
be
exhibited
such
motion
picture,
show
or
other
20
presentation;
or
21
(d)
Exhibits
such
motion
picture,
show
or
other
presentation
to
a
minor
22
not
for
a
monetary
consideration;
or
23
(e)
Gives
without
monetary
consideration
to
a
minor
an
admission
ticket
24
or
pass
to
premises
where
there
is
exhibited
or
to
be
exhibited
such
mo
-
25
tion
picture,
show,
or
other
presentation.
26
Disseminating
material
harmful
to
minors
is
a
misdemeanor
punishable
by
27
confinement
in
the
county
jail
not
to
exceed
one
(1)
year,
or
by
a
fine
not
to
28
exceed
one
thousand
dollars
($1,000),
or
by
both
such
fine
and
jail
sentence.
29
SECTION
3.
That
Section
18
-
1517B,
Idaho
Code,
be,
and
the
same
is
hereby
30
amended
to
read
as
follows:
31
18
-
1517B.
CHILDREN'S
SCHOOL
AND
LIBRARY
PROTECTION.
(1)
This
section
32
shall
be
known
and
may
be
cited
as
the
"Children's
School
and
Library
Protec
-
33
tion
Act."
34
(2)
Notwithstanding
any
other
provision
of
law,
a
private
school
or
35
public
library
,
or
an
agent
thereof,
shall
not
promote,
give,
or
make
avail
-
36
able
to
a
minor
:
any
material
that
is
sexually
explicit
and,
taken
as
a
37
whole,
is
harmful
to
minors.
38
(a)
Any
picture,
photograph,
drawing,
sculpture,
motion
picture
film,
39
or
similar
visual
representation
or
image
of
a
person
or
portion
of
the
40
human
body
that
depicts
nudity,
sexual
conduct,
or
sado
-
masochistic
41
abuse
and
that
is
harmful
to
minors;
42
(b)
Any
book,
pamphlet,
magazine,
printed
matter
however
reproduced,
43
or
sound
recording
that
contains
any
matter
pursuant
to
paragraph
(a)
of
44
this
subsection
or
explicit
and
detailed
verbal
descriptions
or
narra
-
45
tive
accounts
of
sexual
excitement,
sexual
conduct,
or
sado
-
masochis
-
46
tic
abuse
and
that,
taken
as
a
whole,
is
harmful
to
minors;
or
47
(c)
Any
other
material
harmful
to
minors.
48
4
(3)
Notwithstanding
any
other
provision
of
law,
a
public
school
or
pub
-
1
lic
library,
or
an
agent
thereof,
shall
not
promote,
give,
or
make
available
2
to
a
minor
any
material
that
is
sexually
explicit.
3
(3)
(4)
Any
minor
who
obtains
material,
or
parent
or
legal
guardian
4
whose
child
obtained
material,
in
violation
of
the
provisions
of
subsection
5
(2)
or
(3)
of
this
section
from
a
school
or
public
library
shall
have
a
cause
6
of
action
against
such
institution
if:
7
(a)
The
institution
gave
or
made
available
the
material
harmful
to
mi
-
8
nors
,
or
the
institution
failed
to
take
reasonable
steps
to
restrict
ac
-
9
cess
by
minors
to
the
material
harmful
to
minors
;
10
(b)
Prior
to
the
filing
of
a
cause
of
action,
the
minor,
parent,
or
le
-
1
1
gal
guardian
has
provided
written
notice
to
the
school
or
public
library
12
asking
for
the
relocation
of
such
material
to
a
section
designated
for
13
adults
only
within
sixty
(60)
days
of
receipt
of
the
written
notice;
and
14
(c)
Upon
receipt
of
written
notice
and
subsequent
to
the
expiration
of
15
sixty
(60)
days,
the
institution's
library
board
or
board
of
trustees
16
failed
to
relocate
the
material
harmful
to
minors
to
an
area
with
adult
17
access
only.
18
(4)
(5)
Any
minor,
parent,
or
legal
guardian
who
prevails
in
an
action
19
brought
under
this
section
may
recover
two
hundred
fifty
dollars
($250)
in
20
statutory
damages
as
well
as
actual
damages
and
any
other
relief
available
21
by
law,
including
but
not
limited
to
injunctive
relief
sufficient
to
prevent
22
the
defendant
school
or
public
library
from
violating
the
requirements
of
23
this
section.
24
(5)
(6)
A
county
prosecuting
attorney
or
the
attorney
general
shall
25
have
a
cause
of
action
for
injunctive
relief
against
any
school
or
public
li
-
26
brary
that
violates
the
provisions
of
subsection
(2)
or
(3)
of
this
section.
27
The
injunction
shall
be
sufficient
to
prevent
the
defendant
school
or
public
28
library
from
violating
the
requirements
of
this
section.
29
(6)
(7)
It
shall
be
an
affirmative
defense
to
civil
liability
under
this
30
section
that
the
defendant:
31
(a)
Had
reasonable
cause
to
believe
that
the
minor
involved
was
eigh
-
32
teen
(18)
years
of
age
or
older
or
such
minor
exhibited
to
the
defendant
33
a
draft
card,
driver's
license,
birth
certificate,
or
other
official
or
34
apparently
official
document
purporting
to
establish
that
the
minor
was
35
eighteen
(18)
years
of
age
or
older;
or
36
(b)
Verified
the
minor
involved
was
accompanied,
at
the
time
of
the
act,
37
by
his
parent
or
legal
guardian,
or
by
another
adult
and
the
adult
rep
-
38
resented
that
he
was
the
minor's
parent
or
legal
guardian
and
signed
a
39
written
statement
to
that
effect.
40
(7)
(8)
Each
private
school
and
public
library
shall
have
a
policy
and
41
readily
accessible
form
allowing
a
person
to
request
review
of
material
the
42
person
considers
to
be
harmful
to
minors.
Such
form
shall
contain
the
defi
-
43
nition
s
of
"sexually
explicit"
and
"harmful
to
minors,"
as
provided
in
sec
-
44
tion
18
-
1514,
Idaho
Code.
45
(9)
Each
public
school
and
public
library
shall
have
a
policy
and
read
-
46
ily
accessible
form
allowing
a
person
to
request
review
of
material
the
per
-
47
son
considers
to
be
sexually
explicit.
Such
form
shall
contain
the
defini
-
48
tion
of
"sexually
explicit,"
as
provided
in
section
18
-
1514,
Idaho
Code.
49
5
(8)
(10)
Any
action
brought
pursuant
to
this
section
by
or
on
behalf
of
a
1
minor
shall
be
in
accordance
with
the
provisions
of
chapter
9,
title
6,
Idaho
2
Code,
section
5
-
306,
Idaho
Code,
and
rule
17
of
the
Idaho
rules
of
civil
pro
-
3
cedure.
4
SECTION
4.
That
Section
18
-
4105,
Idaho
Code,
be,
and
the
same
is
hereby
5
amended
to
read
as
follows:
6
18
-
4105.
PUBLIC
DISPLAY
OF
OFFENSIVE
SEXUAL
MATERIAL
-
-
PENALTY.
Any
7
person
who
knowingly
exhibits
or
displays
or
permits
to
be
exhibited
or
dis
-
8
played
any
of
the
following
in
such
a
manner
that
such
exhibit
or
display
9
is
easily
visible
from
any
street,
sidewalk,
thoroughfare,
or
other
public
10
area;
or
is
visible
from
any
transportation
facility;
or
is
visible
from
any
1
1
residence
when
the
person
knows
that
the
owner
or
occupant
of
such
residence
12
objects
to
such
exhibit
or
display:
13
(a)
Human
genitals
or
pubic
area
without
a
full
opaque
covering,
or
any
14
graphic
or
pictorial
depiction
thereof,
or
any
depiction
of
covered
male
15
genitals
in
a
discernibly
erect
state;
16
(b)
An
actual
or
simulated
sex
act,
or
sexual
contact
between
humans
and
17
animals,
or
masturbation,
or
any
graphic
or
pictorial
display
thereof;
or
18
(c)
Any
depiction
of
sado
-
masochistic
abuse,
as
defined
in
section
19
18
-
1514
(5)
,
Idaho
Code,
is
guilty
of
a
misdemeanor.
20
SECTION
5.
That
Section
67
-
6533,
Idaho
Code,
be,
and
the
same
is
hereby
21
amended
to
read
as
follows:
22
67
-
6533.
LOCATION
OF
STORES
SELLING
SEXUAL
MATERIAL
RESTRICTED
IN
23
CERTAIN
AREAS.
(a)
From
and
after
January
1,
1980,
no
person
or
entity
shall
24
own
or
operate
any
store,
shop
or
business
which
sells
or
rents
any
mate
-
25
rials
defined
as
obscene
materials
in
section
18
-
4101,
Idaho
Code,
within
26
twenty
-
five
hundred
(2500)
feet
of
any
school,
church,
or
place
of
worship
27
measured
in
a
straight
line
to
the
nearest
entrance
to
the
premises.
28
(b)
From
and
after
January
1,
1980,
no
person
or
entity
shall
own
or
op
-
29
erate
any
store,
shop
or
business
which
sells
or
rents
any
materials
defined
30
in
subsection
1
of
section
18
-
1515
as
harmful
to
minors
and
as
sexually
ex
-
31
plicit
pursuant
to
section
18
-
1514
,
Idaho
Code,
where
such
materials
consti
-
32
tute
ten
percent
(10%)
or
more
of
the
printed
materials
held
for
sale
or
rent
33
of
such
store,
shop
or
business,
within
twenty
-
five
hundred
(2500)
feet
of
34
any
school,
church,
or
place
of
worship
measured
in
a
straight
line
to
the
35
nearest
entrance
to
the
premises.
36
(c)
From
and
after
the
effective
date
of
this
act,
a
violation
of
sub
-
37
section
(a)
or
subsection
(b)
of
this
section
shall
be
a
misdemeanor.
38
(d)
A
judge
of
a
court
of
competent
jurisdiction
shall
immediately
is
-
39
sue
a
temporary
restraining
order
for
a
violation
of
subsection
(a)
or
sub
-
40
section
(b)
of
this
section
upon
application
therefore
by
any
public
or
pri
-
41
vate
entity
or
person
and
upon
compliance
with
the
Idaho
rules
of
civil
pro
-
42
cedure,
except
that
no
bond
or
security
for
the
issuance
of
such
restraining
43
order
shall
be
required.
Further,
a
violation
of
subsection
(a)
or
subsec
-
44
tion
(b)
of
this
section
shall
subject
the
person
and
entities
therefore
to
45
a
preliminary
and
permanent
order
of
any
court
of
this
state
enjoining
them
46
6
from
such
violation
and
no
bond
or
security
shall
be
required
from
the
plain
-
1
tiff
or
applicant
therefore.
2
(e)
No
entity,
public
or
private,
nor
any
person
shall
be
liable
for
any
3
damages,
costs
or
attorney
fees
for
any
acts
attempting
to
civilly
or
crimi
-
4
nally
enforce
this
section.
5
(f)
Nothing
contained
in
this
section
shall
preempt
or
prohibit
cities
6
or
counties
from
regulating
or
restricting
the
location
of
the
business
ac
-
7
tivity
described
in
this
section
and
cities
and
counties
are
hereby
specifi
-
8
cally
authorized
to
so
regulate
or
restrict
the
location
of
said
business
ac
-
9
tivity.
10
SECTION
6.
An
emergency
existing
therefor,
which
emergency
is
hereby
1
1
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
12
July
1,
2026.
13