STATEMENT OF PURPOSE
RS29378 / S1324
In 2002, a court held that Section 18-1508A(1)(d) criminalizes expressive conduct protected under the First
Amendment and is therefore unenforceable. See State v. Bonner, 138 Idaho 254 (Ct.App.2002). Because
of the court’s holding, prosecutors do not bring charges under (d). Identical language is found in Section
18-1506(1)(c). Though it has not been litigated, because of the court’s holding in the above-mentioned case
with identical language, prosecutors also do not bring charges under (c). This bill simply removes those
inoperable provisions. Even with their removal, Idaho law still criminalizes such offensive conduct with
Sections 18-1507 (Possession of Sexually Exploitative Material) and 18-6609 (Video Voyeurism). These two
offenses are constitutionally enforceable.
FISCAL NOTE
Because criminal prosecutions cannot be sustained under the provisions this bill repeals, this bill has no fiscal
impact to state or local government.
Contact:
Eric Fredericksen, ICJC, Chair
(208) 334-2712
Ashley Dowell, ICJC Sex Offense Subcommittee, Chair
(208) 334-2520
DISCLAIMER: This statement of purpose and fiscal note are a mere attachment to this bill and prepared by a proponent
of the bill. It is neither intended as an expression of legislative intent nor intended for any use outside of the legislative
process, including judicial review (Joint Rule 18).
Statement of Purpose / Fiscal Note Bill SOP/FN INTRODUCED: 02/14/2022, 4:46 PM


Statutes affected:
Bill Text: 18-1506, 18-1508A