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H 88

COMMERCIAL SEXUAL ACTIVITY – Amends existing law to provide that soliciting commercial sexual activity shall be a felony.

68th Legislature, 1st Regular Session (2025)

House Bill 88 makes soliciting commercial sexual activity a felony in Idaho, increasing penalties to deter exploitation and strengthen legal protections against trafficking.

Introduced, read first time; referred to: Judiciary & Rules
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WeVote Research Nonpartisan
Bill Summary · H 88

Summary of House Bill 88 (H 88)

Title

Commercial Sexual Activity – Amends existing law to provide that soliciting commercial sexual activity shall be a felony.

Status

  • Introduced: January 30, 2025
  • Current Status: Read first time; referred to Judiciary & Rules
  • Legislative Actions: Passed the House on February 24, 2025, and is now in the Senate.

Purpose

House Bill 88 aims to amend Idaho's existing laws regarding commercial sexual activity by reclassifying the act of soliciting such activities from a misdemeanor to a felony. The intent of this legislation is to strengthen legal repercussions for individuals engaging in solicitation for commercial sexual activities, thereby addressing concerns related to human trafficking and exploitation.

Key Provisions

  • Reclassification of Offense:

    • The bill amends Section 18-5614 of the Idaho Code to state that soliciting commercial sexual activity is a felony.
    • Previously, the first offense was classified as a misdemeanor, with subsequent offenses leading to felony charges.

  • Definition of Solicitation:

    • A person is guilty of soliciting commercial sexual activity if they:
    • Pay, offer to pay, or agree to pay another person for sexual contact.
    • Offer or agree to provide a third person for sexual contact in exchange for a fee.

  • Penalties:

    • The bill establishes that individuals convicted of soliciting commercial sexual activity will face felony charges, which carry more severe penalties than misdemeanors.
    • The current misdemeanor penalties include a minimum of five days in jail, with a maximum of one year and/or a fine of up to $2,000.

  • Emergency Clause:

    • The bill includes an emergency declaration, making it effective immediately on July 1, 2025.

Impact

  • Affected Parties:

    • Individuals engaging in solicitation of commercial sexual activities will face harsher penalties.
    • Law enforcement and judicial systems may experience changes in case handling and prosecution processes due to the increased severity of charges.

  • Fiscal Impact:

    • According to the fiscal note, this legislation is expected to have no significant fiscal impact on state or local government revenues or expenditures.

Conclusion

House Bill 88 represents a significant shift in Idaho's approach to commercial sexual activity by elevating the legal consequences for solicitation. This change is aimed at deterring such activities and enhancing protections against exploitation. The bill is currently progressing through the legislative process and is set to take effect mid-2025.

Compiled from official sources — confirm details with the bill’s official record.

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