Amends existing law to provide that soliciting commercial sexual activity shall be a felony.
Summary
House Bill 88 amends Idaho’s solicitation-for-commercial-sexual-activity statute to make the offense a felony rather than a misdemeanor. Under the bill, a person who pays, offers to pay, or agrees to pay another person for sexual contact, or who offers or agrees to provide a third person for sexual contact in return for a fee, would be guilty of soliciting commercial sexual activity. The bill also includes a technical correction to the existing statute.
The measure changes the penalty structure in Section 18-5614 of the Idaho Code by removing the current misdemeanor classification and replacing it with felony treatment for the offense. The bill contains an emergency clause and would take effect on July 1, 2025. As drafted, it would increase the criminal consequences for first-time offenders and likely affect prosecutors, courts, and individuals charged under Idaho’s prostitution/solicitation laws.
Impact
HB 88 would amend Idaho Code section 18-5614 to elevate soliciting commercial sexual activity from a misdemeanor to a felony, significantly increasing the severity of punishment and the long-term collateral consequences of a conviction. The bill would also supersede the current misdemeanor sentencing language, including the five-day minimum jail term and associated fine provisions, by making the offense felony-level instead. This would affect criminal defendants, law enforcement, prosecutors, defense counsel, and courts handling prostitution-related offenses.
Sentiment
The available voting history suggests the bill had meaningful support in the House, passing third reading by a vote of 50-19. No committee transcript is available, so there is no recorded debate to indicate detailed arguments for or against the measure. Based on the vote margin and the bill’s sponsorship by the Judiciary, Rules and Administration Committee, the overall sentiment appears generally favorable among supporters of tougher penalties for commercial-sexual-activity solicitation, though a substantial minority opposed the change.
Contention
The main point of contention is the policy choice to increase punishment from a misdemeanor to a felony for solicitation of commercial sexual activity. Supporters likely view the change as a stronger deterrent and a more serious response to prostitution-related conduct, while opponents may see it as overly punitive, especially for first-time offenders, and potentially harmful because felony convictions carry lasting consequences. The vote split indicates disagreement over whether felony treatment is an appropriate and proportional response.