Text of ID H 270 (2025)

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature First Regular Session - 2025 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 270 BY STATE AFFAIRS COMMITTEE AN ACT 1 RELATING TO INDECENT EXPOSURE; AMENDING SECTION 18-4116, IDAHO CODE, TO 2 REVISE PROVISIONS REGARDING INDECENT EXPOSURE; AND DECLARING AN EMER- 3 GENCY. 4 Be It Enacted by the Legislature of the State of Idaho: 5 SECTION 1. That Section 18-4116, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 18-4116. INDECENT EXPOSURE. (1) Every A person is guilty of a misde- 8 meanor if the person who willfully and lewdly, either: 9 (1) (a) Exposes his or her genitals,; exposes developed female breasts, 10 including the areola and nipple; exposes adult male breasts, including 11 the areola and nipple, that have been medically or hormonally altered to 12 appear like developing or developed female breasts; exposes artificial 13 breasts, including the areola and nipple, intended to resemble female 14 breasts; or displays toys or products intended to resemble male or fe- 15 male genitals in any public place, or in any place where there is present 16 another person or persons who are offended or annoyed thereby; or 17 (2) (b) Procures, counsels, or assists any person so to expose his or 18 her genitals,; to expose developed female breasts, including the areola 19 and nipple; to expose adult male breasts, including the areola and nip- 20 ple, that have been medically or hormonally altered to appear like de- 21 veloping or developed female breasts; to expose artificial breasts, in- 22 cluding the areola and nipple, intended to resemble female breasts; or 23 to display toys or products intended to resemble male or female genitals 24 where there is present another person or persons who are offended or an- 25 noyed thereby is guilty of a misdemeanor. 26 (2) Any person who pleads guilty to or is found guilty of a violation of 27 subsection (1) or (2) of this section or a similar statute in another state 28 or any local jurisdiction for a second third time within five (5) years, 29 notwithstanding the form of the judgment(s) or withheld judgment(s), is 30 guilty of a felony and shall may be imprisoned in the state prison for a pe- 31 riod not to exceed ten (10) five (5) years. 32 (3) The provisions of this section shall not apply to the breastfeed- 33 ing of a child or the expression of breast milk for the purpose of feeding a 34 child. 35 SECTION 2. An emergency existing therefor, which emergency is hereby 36 declared to exist, this act shall be in full force and effect on and after its 37 passage and approval. 38