The bill introduces a new Chapter 39 to Title 6 of the Idaho Code, focusing on indecent sexual exhibitions and establishing provisions for civil actions related to such performances. It outlines legislative findings that emphasize the importance of protecting minors from exposure to sexualized conduct, which is deemed not entitled to First Amendment protections. The bill asserts that time, place, and manner regulations on live shows that involve sexual conduct and are considered patently offensive are constitutionally permissible, especially when minors are likely to be present.
Under the new provisions, any person or institution that organizes or hosts a performance involving sexual conduct must take reasonable steps to restrict minors' access if they believe minors may be present. If a minor is exposed to such conduct due to a violation of these requirements, they are granted the right to pursue a civil action against the responsible party, with potential statutory damages of $5,000 for each violation, along with the possibility of recovering additional damages and attorney's fees. The bill also outlines specific defenses for hosts and organizers, including the presence of a parent or guardian or the belief that the minor was of legal age. An emergency clause is included, making the act effective 30 days after the Governor's signature.