This bill amends Sections 18-4101 and 52-103 of the Idaho Code, revising definitions related to obscene material and lewd matter. Specifically, it updates the definition of "obscene material" to clarify that it includes any matter that appeals to prurient interest and depicts patently offensive representations of sexual acts or lewd behavior. Notably, the bill removes the phrase "and in the context in which it is used" from the definition, which previously allowed for consideration of the context in determining whether material possesses serious literary, artistic, political, or scientific value. This change suggests a stricter interpretation of what constitutes obscene material, particularly in cases where the material is commercially exploited for its prurient appeal.
Additionally, the bill aligns the definition of "lewd matter" with that of "obscene matter," reinforcing the criteria for what is considered offensive. The definitions of "knowledge," "moral nuisance," and "publication" are also clarified to ensure consistency in the application of the law. The bill declares an emergency, stating that it will take effect on July 1, 2026, indicating the urgency of these changes in the legal framework surrounding obscenity and lewdness in Idaho.
Statutes affected: Bill Text: 18-4101, 52-103