S 1448

                    LEGISLATURE OF THE STATE OF IDAHO
 Sixty-eighth Legislature  Second Regular Session - 2026
                                 IN THE SENATE
                             SENATE BILL NO. 1448
                       BY JUDICIARY AND RULES COMMITTEE
1AN ACT
2  RELATING TO MINORS; AMENDING SECTION 18-1514, IDAHO CODE, TO DEFINE TERMS,
3      TO REVISE DEFINITIONS, TO REMOVE A DEFINITION, AND TO MAKE TECHNICAL
4      CORRECTIONS; AMENDING SECTION 18-1515, IDAHO CODE, TO REVISE PROVI-
5      SIONS REGARDING DISSEMINATING MATERIAL HARMFUL TO MINORS; AMENDING
6      SECTION 18-1517B, IDAHO CODE, TO REVISE PROVISIONS REGARDING CHIL-
7      DREN'S SCHOOL AND LIBRARY PROTECTION; AMENDING SECTION 18-4105, IDAHO
8      CODE, TO REVISE A CODE REFERENCE; AMENDING SECTION 67-6533, IDAHO CODE,
9      TO REVISE A REFERENCE; AND DECLARING AN EMERGENCY AND PROVIDING AN EF-
10     FECTIVE DATE.
11 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-
40est of adolescent minors as judged by the average person, applying
41contemporary community standards; and
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1(b) (ii) Depicts or describes representations or descriptions
2of nudity, sexual conduct, sexual excitement, or sado-masochis-
3tic abuse which are patently offensive to prevailing standards in
4the adult community with respect to what is suitable material for
5adolescent minors and includes, but is not limited to, patently
6offensive representations or descriptions of:
7(i) 1. Intimate sexual acts, normal or perverted, actual or
8simulated; or
9(ii) 2. Masturbation, excretory functions or lewd exhi-
10bition of the genitals or genital area. Nothing herein
11contained is intended to include or proscribe any matter
12which, when considered as a whole, and in context in which it
13is used, possesses serious literary, artistic, political or
14scientific value for minors.
15      (b) "Harmful to minors" shall not include material that, when consid-
16      ered as a whole, possesses serious literary, artistic, political, or
17      scientific value for adolescent minors.
18      7. (8) "Material" means anything tangible which is harmful to minors,
19 whether derived through the medium of reading, observation, or sound, in-
20 cluding any picture, photograph, drawing, sculpture, motion picture, film,
21 or similar visual representation or image or any book, pamphlet, magazine,
22 printed matter however reproduced, or sound recording.
23      8. "Performance" means any play, motion picture, dance or other exhi-
24 bition performed before an audience.
25      9. (9) "Promote" means to manufacture, issue, sell, give, provide, de-
26 liver, publish, distribute, circulate, disseminate, present, exhibit or ad-
27 vertise, or to offer or agree to do the same.
28      10. (10) "Knowingly" means having general knowledge of, or reason to
29 know, or a belief or reasonable ground for belief that warrants further in-
30 spection or inquiry.
31      11. (11) "School" means any public or private school providing instruc-
32 tion for students in kindergarten through grade 12.
33      (12) "Sexually explicit" means the quality of any material when it con-
34 tains erotic depictions of nudity, depicts sexual conduct or sado-masochis-
35 tic abuse, or contains any explicit and detailed description or narrative
36 account of sexual excitement, sexual conduct, or sado-masochistic abuse.
37 "Sexually explicit" shall not include diagrams about anatomy for scientific
38 education, religious books such as the Bible and the Torah, or content relat-
39 ing to classical works of art.
40     SECTION 2. That Section 18-1515, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42      18-1515. DISSEMINATING MATERIAL HARMFUL TO MINORS -- DEFINED --
43 PENALTY. A person is guilty of disseminating material harmful to minors
44 when:
45      1. He knowingly gives or makes available to a minor or promotes or pos-
46 sesses with intent to promote to minors, or he knowingly sells or loans to
47 a minor for monetary consideration: any material that is sexually explicit
48 and, taken as a whole, is harmful to minors.
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1      (a) Any picture, photograph, drawing, sculpture, motion picture film,
2      or similar visual representation or image of a person or portion of the
3      human body which depicts nudity, sexual conduct or sado-masochistic
4      abuse and which is harmful to minors; or
5      (b) Any book, pamphlet, magazine, printed matter however reproduced,
6      or sound recording which contains any matter enumerated in paragraph
7      (a) hereof, or explicit and detailed verbal descriptions or narrative
8      accounts of sexual excitement, sexual conduct or sado-masochistic
9      abuse and which, taken as a whole, is harmful to minors; or
10     (c) Any other material harmful to minors.
11     2. With reference to a motion picture, show or other presentation which
12 depicts nudity, sexual conduct or sado-masochistic abuse, and which that is
13 sexually explicit and, taken as a whole, is harmful to minors, he knowingly:
14     (a) Exhibits such motion picture, show or other presentation to a minor
15     for a monetary consideration; or
16     (b) Sells to a minor an admission ticket or pass to premises whereon
17     there is exhibited or to be exhibited such motion picture, show or other
18     presentation; or
19     (c) Admits a minor for a monetary consideration to premises whereon
20     there is exhibited or to be exhibited such motion picture, show or other
21     presentation; or
22     (d) Exhibits such motion picture, show or other presentation to a minor
23     not for a monetary consideration; or
24     (e) Gives without monetary consideration to a minor an admission ticket
25     or pass to premises where there is exhibited or to be exhibited such mo-
26     tion picture, show, or other presentation.
27     Disseminating material harmful to minors is a misdemeanor punishable by
28 confinement in the county jail not to exceed one (1) year, or by a fine not to
29 exceed one thousand dollars ($1,000), or by both such fine and jail sentence.
30     SECTION 3. That Section 18-1517B, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32      18-1517B. CHILDREN'S SCHOOL AND LIBRARY PROTECTION. (1) This section
33 shall be known and may be cited as the "Children's School and Library Protec-
34 tion Act."
35      (2) Notwithstanding any other provision of law, a school or public li-
36 brary, or an agent thereof, shall not promote, give, or make available to a
37 minor: any material that is sexually explicit and, taken as a whole, is harm-
38 ful to minors.
39      (a) Any picture, photograph, drawing, sculpture, motion picture film,
40      or similar visual representation or image of a person or portion of the
41      human body that depicts nudity, sexual conduct, or sado-masochistic
42      abuse and that is harmful to minors;
43      (b) Any book, pamphlet, magazine, printed matter however reproduced,
44      or sound recording that contains any matter pursuant to paragraph (a) of
45      this subsection or explicit and detailed verbal descriptions or narra-
46      tive accounts of sexual excitement, sexual conduct, or sado-masochis-
47      tic abuse and that, taken as a whole, is harmful to minors; or
48      (c) Any other material harmful to minors.
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1(3) Any minor who obtains material, or parent or legal guardian whose
2  child obtained material, in violation of the provisions of subsection (2)
3  of this section from a school or public library shall have a cause of action
4  against such institution if:
5(a) The institution gave or made available the material harmful to mi-
6nors, or the institution failed to take reasonable steps to restrict ac-
7cess by minors to the material harmful to minors;
8(b) Prior to the filing of a cause of action, the minor, parent, or le-
9gal guardian has provided written notice to the school or public library
10      asking for the relocation of such material to a section designated for
11      adults only within sixty (60) days of receipt of the written notice; and
12      (c) Upon receipt of written notice and subsequent to the expiration of
13      sixty (60) days, the institution's library board or board of trustees
14      failed to relocate the material harmful to minors to an area with adult
15      access only.
16      (4) Any minor, parent, or legal guardian who prevails in an action
17 brought under this section may recover two hundred fifty dollars ($250) in
18 statutory damages as well as actual damages and any other relief available
19 by law, including but not limited to injunctive relief sufficient to prevent
20 the defendant school or public library from violating the requirements of
21 this section.
22      (5) A county prosecuting attorney or the attorney general shall have a
23 cause of action for injunctive relief against any school or public library
24 that violates the provisions of subsection (2) of this section. The injunc-
25 tion shall be sufficient to prevent the defendant school or public library
26 from violating the requirements of this section.
27      (6) It shall be an affirmative defense to civil liability under this
28 section that the defendant:
29      (a) Had reasonable cause to believe that the minor involved was eigh-
30      teen (18) years of age or older or such minor exhibited to the defendant
31      a draft card, driver's license, birth certificate, or other official or
32      apparently official document purporting to establish that the minor was
33      eighteen (18) years of age or older; or
34      (b) Verified the minor involved was accompanied, at the time of the act,
35      by his parent or legal guardian, or by another adult and the adult rep-
36      resented that he was the minor's parent or legal guardian and signed a
37      written statement to that effect.
38      (7) Each school and public library shall have a policy and readily ac-
39 cessible form allowing a person to request review of material the person con-
40 siders to be harmful to minors. Such form shall contain the definitions of
41 "sexually explicit" and "harmful to minors," as provided in section 18-1514,
42 Idaho Code.
43      (8) Any action brought pursuant to this section by or on behalf of a mi-
44 nor shall be in accordance with the provisions of chapter 9, title 6, Idaho
45 Code, section 5-306, Idaho Code, and rule 17 of the Idaho rules of civil pro-
46 cedure.
47     SECTION 4. That Section 18-4105, Idaho Code, be, and the same is hereby
48 amended to read as follows:
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118-4105. PUBLIC DISPLAY OF OFFENSIVE SEXUAL MATERIAL -- PENALTY. Any
2  person who knowingly exhibits or displays or permits to be exhibited or dis-
3  played any of the following in such a manner that such exhibit or display
4  is easily visible from any street, sidewalk, thoroughfare, or other public
5  area; or is visible from any transportation facility; or is visible from any
6  residence when the person knows that the owner or occupant of such residence
7  objects to such exhibit or display:
8(a) Human genitals or pubic area without a full opaque covering, or any
9  graphic or pictorial depiction thereof, or any depiction of covered male
10 genitals in a discernibly erect state;
11      (b) An actual or simulated sex act, or sexual contact between humans and
12 animals, or masturbation, or any graphic or pictorial display thereof; or
13      (c) Any depiction of sado-masochistic abuse, as defined in section
14 18-1514(5), Idaho Code, is guilty of a misdemeanor.
15     SECTION 5. That Section 67-6533, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17      67-6533. LOCATION OF STORES SELLING SEXUAL MATERIAL RESTRICTED IN
18 CERTAIN AREAS. (a) From and after January 1, 1980, no person or entity shall
19 own or operate any store, shop or business which sells or rents any mate-
20 rials defined as obscene materials in section 18-4101, Idaho Code, within
21 twenty-five hundred (2500) feet of any school, church, or place of worship
22 measured in a straight line to the nearest entrance to the premises.
23      (b) From and after January 1, 1980, no person or entity shall own or op-
24 erate any store, shop or business which sells or rents any materials defined
25 in subsection 1 of section 18-1515 as harmful to minors and as sexually ex-
26 plicit pursuant to section 18-1514, Idaho Code, where such materials consti-
27 tute ten percent (10%) or more of the printed materials held for sale or rent
28 of such store, shop or business, within twenty-five hundred (2500) feet of
29 any school, church, or place of worship measured in a straight line to the
30 nearest entrance to the premises.
31      (c) From and after the effective date of this act, a violation of sub-
32 section (a) or subsection (b) of this section shall be a misdemeanor.
33      (d) A judge of a court of competent jurisdiction shall immediately is-
34 sue a temporary restraining order for a violation of subsection (a) or sub-
35 section (b) of this section upon application therefore by any public or pri-
36 vate entity or person and upon compliance with the Idaho rules of civil pro-
37 cedure, except that no bond or security for the issuance of such restraining
38 order shall be required. Further, a violation of subsection (a) or subsec-
39 tion (b) of this section shall subject the person and entities therefore to
40 a preliminary and permanent order of any court of this state enjoining them
41 from such violation and no bond or security shall be required from the plain-
42 tiff or applicant therefore.
43      (e) No entity, public or private, nor any person shall be liable for any
44 damages, costs or attorney fees for any acts attempting to civilly or crimi-
45 nally enforce this section.
46      (f) Nothing contained in this section shall preempt or prohibit cities
47 or counties from regulating or restricting the location of the business ac-
48 tivity described in this section and cities and counties are hereby specifi-
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1 cally authorized to so regulate or restrict the location of said business ac-
2 tivity.
3     SECTION 6. An emergency existing therefor, which emergency is hereby
4 declared to exist, this act shall be in full force and effect on and after
5 July 1, 2026.