Amends existing law to revise provisions regarding indecent exposure.
Summary
House Bill 270 revises Idaho’s indecent exposure statute. The bill expands the conduct covered by the misdemeanor offense to include not only exposure of genitals, but also exposure of developed female breasts, certain adult male breasts that have been medically or hormonally altered to appear female, artificial breasts intended to resemble female breasts, and the display of toys or products intended to resemble male or female genitals, when done willfully and lewdly in public or in the presence of offended or annoyed persons. It also makes it a misdemeanor to procure, counsel, or assist another person in engaging in that conduct.
The bill increases the penalty for repeat violations: a person convicted a second or third time within five years, including under similar laws in other states or local jurisdictions, is guilty of a felony. The bill also expressly exempts breastfeeding and expressing breast milk for feeding a child. An emergency clause means the act would take effect immediately upon passage and approval.
Impact
HB 270 amends Section 18-4116 of the Idaho Code and changes both the scope of prohibited conduct and the penalty structure for indecent exposure. It broadens the statute’s reach to cover additional forms of breast exposure and sex-toy or genital-resembling displays, while also creating a felony enhancement for repeat offenders within a five-year period. The bill affects individuals charged under Idaho’s indecent exposure law, prosecutors, courts, and potentially local jurisdictions whose convictions may count toward the repeat-offender enhancement.
Sentiment
The voting history suggests the bill had substantial support in both chambers, passing the House 59-8 and the Senate 28-6. That margin indicates a generally favorable sentiment toward tightening and clarifying the indecent exposure law. No committee transcript was provided, so the available record does not show detailed debate, but the strong votes imply broad agreement on the bill’s purpose and enforcement approach.
Contention
The main points of contention likely center on the bill’s expanded definitions of prohibited exposure and the inclusion of medically or hormonally altered male breasts and artificial breasts intended to resemble female breasts. Those provisions may raise concerns about breadth, enforcement, and possible impacts on gender expression or transgender individuals, although the bill text does not explicitly address those issues. Another potential point of debate is the felony enhancement for repeat offenses, which increases penalties significantly and may be viewed as either a deterrent or an overly punitive escalation.