IdahoIdaho schools and libraries must restrict some sexually explicit material
Starting July 1, 2026, Idaho schools and public libraries must keep certain sexually explicit material harmful to minors from minors, with a notice process for families.
What it does
Material is harmful to minors under this definition when it appeals to adolescent minors and lacks serious value for them. Explicit content must also be patently offensive by adult community standards for what is suitable for adolescents.
Schools and public libraries may not give minors sexually explicit material that is harmful as a whole. A minor or family may sue if the institution does not move challenged material to an adults-only area within 60 days after written notice.
A business where sexually explicit material harmful to minors makes up at least 10% of printed materials for sale or rent may not operate within 2,500 feet of a school, church, or place of worship.
Argument forParents could get a way to ask schools and libraries to restrict minors' access to material they consider sexually explicit and harmful.
Argument againstSchools and libraries could face lawsuits and a $250 award if they fail to move challenged material after written notice and 60 days.
More detail
Idaho's definition of material harmful to minors focuses on material that appeals to adolescent minors and lacks serious value for them. The definition applies to material and performances involving nudity, sexual conduct, sexual excitement, or sadomasochistic abuse. The material must appeal to adolescent minors' prurient interest and depict or describe content patently offensive under adult community standards for what is suitable for adolescent minors. Material with serious literary, artistic, political, or scientific value for adolescent minors is excluded.
Schools and public libraries may not promote, give, or make available sexually explicit material that is harmful to minors as a whole. These rules cover Idaho schools and public libraries and their agents, and material provided to minors. A minor, parent, or guardian may sue if the institution provided the material or failed to take reasonable steps to restrict minors' access, after giving written notice and allowing 60 days for the board to move it to an adults-only area. A person who wins may recover $250 in statutory damages, actual damages, and other relief. The attorney general or county prosecutor may seek an injunction. Civil liability defenses apply if the institution reasonably believed the minor was an adult, or the minor was accompanied by an adult who made and signed the required representation. The institution's board has 60 days after receiving written notice to move the material to an area only adults can access.
Stores selling or renting sexually explicit material that is harmful to minors may not operate within 2,500 feet of a school, church, or place of worship if that material makes up at least 10% of their printed materials for sale or rent. This applies to a store, shop, or business that sells or rents the described material, when it makes up at least 10% of the printed materials held for sale or rent. The 2,500-foot distance is measured in a straight line to the nearest entrance. Cities and counties may also regulate or restrict where these businesses operate. The act takes effect July 1, 2026. The location restriction applies from January 1, 1980, under the text.
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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 2Signed by Governor Brad Little on 04/10/26 Session Law Chapter 343 Effective: 07/01/2026Became Law
- Vote recorded Rules Suspended: Ayes 62 Nays 0 Abs/Excd 8, read in full as required –. Result: pass.Lower
- Apr 2Reported delivered to Governor at 5 p.m. on 04/02/26To Governor
- Apr 2Reported signed by the Speaker & ordered delivered to GovernorMinor
- Apr 2Received from Senate; Signed by Speaker; Returned to SenateMajor
- Apr 2Reported enrolled; signed by President; to House for signature of SpeakerMajor
- Apr 2Returned From House Passed; referred to enrollingMinor
- Apr 2Rules Suspended: Ayes 62 Nays 0 Abs/Excd 8, read in full as required – PASSED - 54-11-5AYES – Alfieri, Barbieri, Beiswenger, Bingham, Boyle, Bruce, Burgoyne, Cannon(Cannon), Cayler, Cheatum, Cornilles, Crane(12), Crane(13), Dygert, Ehardt, Ehlers, Erickson, Fuhriman, Furniss, Garner, Hall(Stone), Handy, Harris, Hawkins, Healey, Hill(Hill), Hostetler, Leavitt, Mendive, Mickelsen, Miller, Mitchell, Monks, Palmer, Petzke, Pickett, Pohanka, Price, Rasor, Raybould, Raymond, Redman, Sauter, Scott, Shepherd, Shirts(Batt), Skaug, Tanner(13), Tanner(14), Thompson, Vander Woude, Veile, Wisniewski, Mr. SpeakerNAYS – Berch, Church, Egbert(Beazer), Galaviz, Gannon, Green, Haws, Mathias, McCann, Nelsen, RubelAbsent – Holtzclaw, Manwaring, Marmon, Weber, WheelerFloor Sponsor - SkaugTitle apvd - to SenatePassed 2nd Chamber
- Apr 2Read second time; Filed for Third ReadingMinor
- Apr 1Reported out of Committee with Do Pass Recommendation, Filed for Second ReadingMinor
- Vote recorded Rules Suspended (2/3 Vote Read in full as required) – Read third time in full –. Result: pass.Upper
- Apr 1Read First Time, Referred to Judiciary, Rules & AdministrationMinor
- Apr 1Received from the Senate, Filed for First Reading
- Apr 1Rules Suspended (2/3 Vote - Read in full as required) – Read third time in full – PASSED - 28-6-1AYES – Adams, Anthon, Bjerke(Bjerke), Blaylock, Burtenshaw, Carlson, Cook, Den Hartog, Foreman, Galloway, Grow, Guthrie, Harris, Hart, Keyser, Kohl, Lakey, Lenney, Lent, Nichols, Okuniewicz, Ricks, Shippy, Toews, VanOrden, Woodward, Zito, ZuiderveldNAYS – Rabe, Ruchti, Semmelroth, Taylor, Ward-Engelking, WintrowAbsent and excused – BerntFloor Sponsor - LakeyTitle apvd - to HousePassed 1st Chamber
- Apr 1Reported out of Committee with Do Pass Recommendation; Filed for second readingMinor
- Mar 30Reported Printed; referred to Judiciary & Rules
- Mar 30Introduced; read first time; referred to JR for PrintingIntroduced
- Apr 2Signed by Governor Brad Little on 04/10/26 Session Law Chapter 343 Effective: 07/01/2026Became Law
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