IdahoIdaho law defines sexually explicit material and live conduct
Since July 1, 2026, Idaho law has defined obscene material, lewd matter, and obscene live conduct using community standards, with stated exclusions.
What it does
Idaho law defines obscene material and lewd matter by how an average person would judge it under community standards. It excludes material with serious literary, artistic, political, or scientific value.
Idaho law defines obscene live conduct using community standards and lists the acts it covers. It excludes breastfeeding and expressing milk to feed a child.
Argument forUsing a community standard and listing covered acts could help people understand how Idaho defines these terms while excluding works with serious value.
Argument againstPeople could face uncertainty because community standards help decide what counts as offensive, even though works with serious value are excluded.
More detail
Idaho law defines obscene material and lewd matter using a community standard and the kinds of acts described in the law. The definitions cover printed, pictured, recorded, and other material, including publications and motion pictures. The material must appeal to a shameful or morbid interest in sex, nudity, or bodily functions and show or describe patently offensive sexual acts or bodily functions. Material with serious literary, artistic, political, or scientific value is excluded. The law took effect July 1, 2026.
Idaho law defines obscene live conduct using a community standard and lists the kinds of acts it covers. The definition covers physical activity by one person or several people, including speaking, singing, dancing, and acting. The conduct must appeal to a shameful or morbid interest in sex, nudity, or bodily functions and be patently offensive. Conduct with serious literary, artistic, political, or scientific value is excluded. Breastfeeding and expressing breast milk to feed a child are also excluded. The law took effect July 1, 2026.
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Where it stands
- Introduced
- Passed 1st Chamber
- Passed 2nd Chamber
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Apr 1Reported Signed by Governor Brad Little on March 31, 2026 Session Law Chapter 262 Effective: 07/01/2026Became Law
- Mar 30Delivered to Governor at 12:31 p.m. on March 30, 2026To Governor
- Mar 30Returned Signed by the President; Ordered Transmitted to GovernorMinor
- Mar 30Signed by President; returned to HouseMajor
- Mar 30Received from the House enrolled/signed by SpeakerMajor
- Mar 27Reported Enrolled; Signed by Speaker; Transmitted to SenateMajor
- Mar 26Returned from Senate Passed; to JRA for EnrollingMinor
- Vote recorded Read third time in full –. Result: pass.Upper
- Mar 26Read third time in full – PASSED - 34-0-1AYES – 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, ZuiderveldNAYS – NoneAbsent and excused – SemmelrothFloor Sponsor - CarlsonTitle apvd - to HousePassed 2nd Chamber
- Mar 24Read second time; filed for Third ReadingMinor
- Mar 23Reported out of Committee with Do Pass Recommendation; Filed for second readingMinor
- Mar 17Introduced, read first time; referred to: State AffairsMinor
- Mar 17Received from the House passed; filed for first reading
- Mar 16Read Third Time in Full – PASSED - 69-0-1AYES – 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. SpeakerNAYS – NoneAbsent – HawsFloor Sponsor - Crane(12)Title apvd - to SenatePassed 1st Chamber
- Vote recorded Read Third Time in Full –. Result: pass.Lower
- Mar 13Read second time; Filed for Third ReadingMinor
- Mar 12Reported out of Committee with Do Pass Recommendation, Filed for Second ReadingMinor
- Mar 2Reported Printed and Referred to State Affairs
- Feb 27Introduced, read first time, referred to JRA for PrintingIntroduced