Disclaimer Contents State List
The information provided is not
for commercial use it is intended only for informational use. There has been
no attempt to make a complete list of all or related statutes. There is no
guarantee of the completeness or accuracy of the information provided. Please Seek Professional Legal advice and visit the State’s official web
site and consult the Bound Volumes of the State’s Statutes for more
information.
(1) It is a felony for any person eighteen (18)
years of age or older, with the intent to gratify the lust, passions, or sexual
desire of the actor, minor child or third party, to:
(a) solicit a minor child under
the age of sixteen (16) years to participate in a sexual act, or
(b) cause or have sexual contact
with such minor child, not amounting to lewd conduct as defined in section
18-1508, Idaho Code, or
(c) make any photographic or
electronic recording of such minor child.
(2) For the purposes of this section
"solicit" means any written, verbal, or physical act which is
intended to communicate to such minor child the desire of the actor or third
party to participate in a sexual act or participate in sexual foreplay, by the
means of sexual contact, photographing or observing such minor child engaged in
sexual contact.
(3) For
the purposes of this section "sexual contact" means any physical
contact between such minor child and any person, which is caused by the actor,
or the actor causing such minor child to have self contact.
(4) Any
person guilty of a violation of the provisions of this section shall be
imprisoned in the state prison for a period not to exceed fifteen
(1) The
legislature hereby finds and declares that the commercial sexual exploitation
of children constitutes a wrongful invasion of the child's right of privacy and
results in social, developmental, and emotional injury to the child; that a
child below the age of eighteen (18) years is incapable of giving informed
consent to the use of his or her body for a commercial purpose; and that to
protect children from commercial sexual exploitation it is necessary to
prohibit the production for trade or commerce of material which involves or is
derived from such exploitation and to exclude all such material from the
channels of trade and commerce.
(2) As used in this section, unless the context
otherwise requires:
(a)
"Bestiality" means a sexual connection in any manner between a
human being and any animal.
(b)
"Child" means a person who is less than eighteen (18) years of
age.
(c) "Commercial
purpose" means the intention, objective, anticipation, or expectation of
monetary gain or other material consideration, compensation, remuneration, or profit.
(d)
"Erotic fondling" means touching a person's clothed or
unclothed genitals or pubic area, developing or undeveloped genitals or pubic
area (if the person is a child), buttocks, breasts (if the person is a female),
or developing or undeveloped breast area (if the person is a female child), for
the purpose of real or simulated overt sexual gratification or stimulation of
one or more of the persons involved. "Erotic fondling" shall not be
construed to include physical contact, even if affectionate, which is not for the purpose of real or
simulated overt sexual gratification or stimulation of one or more of the
persons involved.
(e) "Erotic
nudity" means the display of the human male or female genitals or pubic
area, the undeveloped or developing genitals or pubic area of the human male or
female child, the human female breasts, or the undeveloped or developing breast
area of the human female child, for the purpose of real or simulated overt
sexual gratification or stimulation of one or more of the persons involved.
(f)
"Explicit sexual conduct" means sexual intercourse, erotic
fondling, erotic nudity, masturbation, sadomasochism, sexual excitement, or
bestiality.
(g)
"Masturbation" means the real or simulated touching, rubbing,
or otherwise stimulating of a person's own clothed or unclothed genitals or
pubic area, developing or undeveloped genitals or pubic area (if the person is
a child), buttocks, breasts (if the person is a female), or developing or
undeveloped breast area (if the person is a female child), by manual
manipulation or self-induced or with an artificial instrument, for the purpose
of real or simulated overt sexual gratification or arousal of the person.
(h)
"Sadomasochism" means:
1. Real or
simulated flagellation or torture for the purpose of real or simulated sexual
stimulation or gratification; or
2.
The real or simulated condition of being fettered, bound, or otherwise
physically restrained for sexual stimulation or gratification of a person.
(i)
"Sexual excitement" means the real or simulated condition of
human male or female genitals when in a state of real or simulated overt sexual
stimulation or arousal.
(j)
"Sexual intercourse" means real or simulated intercourse,
whether genital-genital, oral-genital, anal-genital, or oral-anal, between
persons of the same or opposite sex, or between a human and an animal, or with
an artificial genital.
(k)
"Sexually exploitative material" means any photograph, motion
picture, videotape, print, negative, slide, or other mechanically,
electronically, or chemically reproduced visual material which depicts a child
engaged in, participating in, observing, or being used for explicit sexual
conduct.
(3) A
person commits sexual exploitation of a child if, for any commercial purpose,
he knowingly:
(a) Causes, induces, or permits a child to
engage in, or be used for, any explicit
sexual conduct; or
(b) Prepares, arranges for,
publishes, produces, promotes, makes, sells, finances, offers, exhibits,
advertises, deals in, possesses, or distributes any sexually exploitative material.
(4) The
possession by any person of three (3) or more identical copies of any sexually
exploitative material shall create a presumption that such possession is for a
commercial purpose.
(5) The
sexual exploitation of a child is a felony and shall be punishable by imprisonment in the state prison for a
period not to exceed fifteen (15) years or by a fine not to exceed twenty-five
thousand dollars ($25,000) or by both such fine and imprisonment.
(6) If
any provision of this section or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect other
provisions or applications of this section which can be given effect without
the invalid provision or application, and to this end the provisions of this
section are declared to be severable.
Any person who shall commit any lewd or
lascivious act or acts upon or with the body or any part or member thereof of a
minor child under the age of sixteen (16) years, including but not limited to,
genital-genital contact, oral-genital contact, anal-genital contact, oral-anal
contact, manual-anal contact, or manual-genital contact, whether between
persons of the same or opposite sex, or who shall involve such minor child in
any act of bestiality or sado-masochism as defined in section 18-1507, Idaho
Code, when any of such acts are done with the intent of arousing, appealing to,
or gratifying the lust or passions or sexual desires of such person, such minor
child, or third party, shall be guilty of a felony and shall be imprisoned in
the state prison for a term of not more than life.
(1) It
is a felony for any person at least five (5) years of age older than a minor
child who is sixteen (16) or seventeen (17) years of age, who, with the intent
of arousing, appealing to or gratifying the lust, passion, or sexual desires of
such person, minor child, or third party, to:
(a) Commit any lewd or lascivious act or acts
upon or with the body or any part or any member thereof of such minor child
including, but not limited to, genital-genital contact, oral-genital contact,
anal-genital contact, oral-anal contact, manual-anal contact or manual-genital
contact, whether between persons of the same or opposite sex, or who shall
involve such minor child in any act of explicit sexual conduct as defined in
section 18-1507, Idaho Code; or
(b)
Solicit such minor child to participate in a sexual act; or
(c)
Cause or have sexual contact with such minor child, not amounting to
lewd conduct as defined in paragraph (a) of this subsection; or
(d)
Make any photographic or electronic recording of such minor child.
(2) For the purpose of subsection (b) of this section, "solicit" means any written, verbal or physical act which is intended to communicate to such minor child the desire of the actor or third party to participate in a sexual act or participate in sexual foreplay, by the means of sexual contact, photographing or observing such minor child engaged in sexual contact.(3) For the purpose of this section, "sexual contact" means any physical contact between such minor child and any person or between such minor children which is caused by the actor, or the actor causing such minor child to have self contact.(4) Any person guilty of a violation of the provisions of subsection (1)(a) of this section shall be imprisoned in the state prison for a period not to exceed life.(5) Any person guilty of a violation of the provisions of subsections (1)(b), (1)(c), or (1)(d) of this section shall be imprisoned in the state prison for a period not to exceed fifteen (15) years.
(1) A person
shall be guilty of a misdemeanor if that person attempts to persuade, or
persuades, whether by words or actions or both, a minor child under the age of
sixteen (16) years to either:
(a)
Leave the child's home or school; or
(b)
Enter a vehicle or building; or
(c)
Enter a structure or enclosed area, or alley, with the intent that the child shall be concealed from public
view; while the person is acting without the authority of (i) the custodial parent of the child,
(ii) the state of Idaho or a political subdivision thereof or (iii) one having
legal custody of the minor child. Nothing contained in this section shall be
construed to prevent the lawful detention of a minor child or the rendering of
aid or assistance to a minor child.
(2) Every person who is convicted of a violation
of the provisions of this section shall be punished by imprisonment in the
county or municipal jail for not more than six (6) months or by a fine of not
more than one thousand dollars ($1,000) or by both such fine and imprisonment.
A person convicted a second or subsequent time of violating the provisions of
this section shall be guilty of a felony and shall be punished by imprisonment
in the state penitentiary for a period of time of not more than five (5) years.
18-1509A. ENTICING OF CHILDREN OVER THE INTERNET -- PENALTIES -- JURISDICTION (1) A person aged eighteen (18) years or older shall be guilty of a felony if he or she knowingly uses the internet to solicit, seduce, lure, persuade or entice by words or actions, or both, a minor child under the age of sixteen (16) years or a person the defendant believes to be a minor child under the age of sixteen (16) years to engage in any sexual act with or against the child where such act is a violation of chapter 15, 61 or 66, title 18, Idaho Code.(2) Every person who is convicted of a violation of this section shall be punished by imprisonment in the state prison for a period not to exceed fifteen (15) years.(3) It shall not constitute a defense against any charge or violation of this section that a law enforcement officer, peace officer, or other person working at the direction of law enforcement was involved in the detection or investigation of a violation of this section. (4) The offense is committed in the state of Idaho for purposes of determining jurisdiction if the transmission that constitutes the offense either originates in or is received in the state of Idaho.
Every person who wilfully: 1. Seizes, confines, inveigles or kidnaps another, with intent to cause him, without authority of law, to be secretly confined or imprisoned within this state, or to be sent out of this state, or in any way held to service or kept or detained against his will; or, 2. Leads, takes, entices away or detains a child under the age of sixteen (16) years, with intent to keep or conceal it from its custodial parent, guardian or other person having lawful care or control thereof, or with intent to steal any article upon the person of the child; or, 3. Abducts, entices or by force or fraud unlawfully takes or carries away another at or from a place without the state, or procures, advises, aids or abets such an abduction, enticing, taking or carrying away, and afterwards sends, brings, has or keeps such person, or causes him to be kept or secreted within this state; or, 4. Seizes, confines, inveigles, leads, takes, entices away or kidnaps another against his will to extort money, property or any other thing of value or obtain money, property or reward or any other thing of value for the return or disposition of such person is guilty of kidnaping.The essential guilt of rape consists in the outrage to the person and feelings of the female. Any sexual penetration, however slight, is sufficient to complete the crime.
Male rape is defined as the penetration, however slight, of the oral or anal opening of another male, with the perpetrator's penis, for the purpose of sexual arousal, gratification or abuse, under any of the following circumstances: 1. Where the victim is incapable, through any unsoundness of mind, whether temporary or permanent, of giving consent. 2. Where the victim resists but his resistance is overcome by force or violence. 3. Where the victim is prevented from resistance by threats of immediate and great bodily harm, accompanied by apparent power of execution. 4. Where the victim is prevented from resistance by the use of any intoxicating, narcotic, or anaesthetic substance administered by or with the privity of the accused. 5. Where the victim is at the time unconscious of the nature of the act, and this is known to the accused.
Persons being within the degrees of consanguinity within which marriages are declared by law to be incestuous and void, who intermarry with each other, or who commit fornication or adultery with each other, are punishable by imprisonment in the state prison not exceeding twenty-five (25) years.
Every person who, for the purpose of sexual arousal, gratification or abuse, causes the penetration, however slight, of the genital or anal opening of another person, by any object, instrument or device, against the victim's will by use of force or violence or by duress, or by threats of immediate and great bodily harm, accompanied by apparent power of execution, or where the victim is incapable, through any unsoundness of mind, whether temporary or permanent, of giving legal consent, or where the victim is prevented from resistance by any intoxicating, narcotic or anesthetic substance, shall be guilty of a felony and shall be punished by imprisonment in the state prison for not more than life.
TIME OF COMMENCING CRIMINAL ACTIONS19-401. PROSECUTIONS FOR MURDER, VOLUNTARY MANSLAUGHTER OR RAPE. There is no limitation of time within which a prosecution for murder, voluntary manslaughter, or rape pursuant to section 18-6101 2., 3., 4., 5. or 7., or section 18-6108, Idaho Code, must be commenced. They may be commenced at any time after the death or rape of the person killed or raped.
19-402. COMMENCEMENT OF PROSECUTIONS FOR CRIMES AGAINST CHILDREN ANDOTHER FELONIES. (1) A prosecution for any felony other than murder, voluntary manslaughter, rape pursuant to section 18-6101 2., 3., 4., 5. or 7., or section 18-6108, Idaho Code, or any felony committed upon or against a minor child, or an act of terrorism as set forth in sections 18-8102, 18-8103, 18-3322, 18-3323 and 18-3324, Idaho Code, must be commenced by the filing of the complaint or the finding of an indictment within five (5) years after its commission. Except as provided in subsection (2) of this section, a prosecution for any felony committed upon or against a minor child must be commenced within five (5) years after the commission of the offense by the filing of the complaint or a finding of an indictment. (2) A prosecution under section 18-1506 or 18-1508, Idaho Code, must be commenced within five (5) years after the date the child reaches eighteen (18) years of age.(3) A prosecution under section 18-1506A, Idaho Code, must be commenced within three (3) years after the date of initial disclosure by the victim.(4) Notwithstanding any other provision of law, an indictment may be found, or an information instituted, at any time without limitation for a prosecution under section 18-8103, 18-3322, 18-3323 or 18-3324, Idaho Code.
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Revised 06/06