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H 306

CRIMINAL LIBEL – Repeals and adds to existing law to provide for the crime of criminal libel, to provide penalties, to provide for restitution to a victim, and to provide for jurisdiction to prosecute.

68th Legislature, 1st Regular Session (2025)

The bill creates a new criminal libel offense for publishing a false statement about someone with actual malice, a felony with possible fines, imprisonment, and restitution.

Reported Printed and Held at Desk
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Bill Summary · H 306

Summary: Idaho House Bill 306 (H 306) — Criminal Libel

Overview

H 306 proposes to repeal the existing libel statute and create a new criminal offense called “criminal libel.” The bill defines the offense, penalties, restitution, and prosecutorial jurisdiction, and it includes an emergency clause making the act effective July 1, 2025. The legislation was introduced February 21, 2025 and, as of February 24, 2025, was reported printed and held at desk.

Purpose and intent

  • The bill aims to deter and punish malicious false statements about individuals that harm their reputation, particularly in the online age.
  • It relies on the concept of “actual malice” (knowledge of falsity or reckless disregard for truth) to distinguish criminal libel from ordinary defamation or nondiscriminatory reporting.

Key provisions and changes

Repeal and creation

  • Repeals the current libel chapter (Chapter 48, Title 18, Idaho Code) and adds a new Chapter 48, titled “Criminal Libel.”

Criminal libel offense (18-4802)

  • A person commits criminal libel if, with actual malice, they publish a false statement about another person.
  • Definitions:
    • Publish: to communicate to one or more persons.
    • With actual malice: knowledge that the statement is false or reckless disregard as to whether it is false.

Penalty (18-4803)

  • Criminal libel is a felony.
  • Penalties may include:
    • Fine up to $100,000, and/or
    • Confinement in the state penitentiary for up to 5 years.
    • A combination of both fine and imprisonment.

Restitution (18-4804)

  • A convicted offender may be ordered to provide restitution to the victim for specific costs incurred due to the injury or loss from the criminal libel.

Jurisdiction to prosecute (18-4805)

  • Generally, county prosecutors have jurisdiction where venue is appropriate.
  • The Idaho Attorney General has jurisdiction to prosecute criminal libel when the libel is directed at a state officer or state employee and concerns that officer’s or employee’s official conduct.
    • State employee: includes appointed executive/judicial/legislative officers or staff employed by a state department, division, bureau, board, commission, or institution.
    • State officer: includes elected officials in the executive, judicial, or legislative branches.

Emergency clause and effective date

  • The act declares an emergency and provides that the bill takes effect on July 1, 2025.

Fiscal note highlights (from the attached fiscal note)

  • Based on Idaho’s experience with a similar law in another state, Idaho could expect:
    • Approximately one prosecution per year.
    • About one conviction every three years.
  • Sentencing outcome is likely to be a suspended sentence with probation (non-violent felony context).
  • Estimated probation cost: about $2,700 per year, starting in FY27.
  • No significant need for additional prosecution staffing given low projected frequency.

Who is affected

  • Individuals who publish false statements about others with actual malice could face criminal libel charges.
  • Victims of criminal libel may be eligible for court-ordered restitution.
  • Prosecutorial offices: county prosecutors generally prosecute, with the Idaho Attorney General handling cases involving state officers or state employees in their official capacity.

Procedural/timeline notes

  • Introduced: February 21, 2025.
  • Status: Reported Printed and Held at Desk (as of February 24, 2025).
  • Effective date: July 1, 2025 (emergency clause).
  • The bill would replace the current libel framework in Idaho law with new criminal libel provisions upon enactment.

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

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