INDECENCY AND OBSCENITY – Adds to existing law to prohibit a person from entering a restroom or changing room of the opposite sex, to provide a penalty, and to provide exceptions.

68th Legislature, 2nd Regular Session (2026)

Prohibits knowingly entering a restroom or changing room designated for the opposite biological sex in government buildings or public accommodations, with specific exceptions and p

Reported Signed by Governor on March 31, 2026 Session Law Chapter 263 Effective: 07/01/2026

#buildings #criminaloffensesandprocedures #gender #government

Purpose and intent

The bill adds a new section to Idaho Code (18-4117) to prohibit entering a restroom or changing room designated for the opposite biological sex in government-owned buildings or places of public accommodation.

Aimed at restricting cross-sex access to single-sex facilities, with defined penalties and specific exceptions.

Declares an emergency with an effective date of July 1, 2026.

Key provisions and changes

** offense defined (18-4117(1))**: It is a misdemeanor for a person to knowingly and willfully enter a restroom or changing room designated for the opposite biological sex in a government-owned building or public accommodation. A second conviction within five years (for this statute or a similar one in another state or local ordinance) would be a felony, carrying up to five years in state prison.

** Exceptions (18-4117(2))**: The prohibition does not apply in several circumstances, including:

Performing custodial services or maintenance.
Rendering medical or law enforcement assistance, or supervising detainees/inmates.
Providing aid during a natural disaster or declared emergency, or to prevent threats to safety/order.
Using a single-user facility designated for the opposite sex when it is the only reasonably available option.
Urgent urinary/defecation needs when it is the only reasonably available facility.
Use of facilities temporarily designated for the user’s biological sex.
Providing coaching or athletic training during athletic events.
Accompanying and assisting a person in need when the assister is a family member, legal guardian, or designee (provided the designee is not of the designated sex for the single-sex facility).
Assisting a minor child who is accompanied by a family member, guardian, or designee (and the designee is not of the designated sex for the single-sex facility).

** Definitions (18-4117(3))**: Defines “changing room” as places where a person may be in a state of undress in the presence of others (e.g., locker rooms, changing rooms, shower rooms).

Who or what is affected

Affected parties: Individuals entering restrooms or changing rooms in government buildings or public accommodations that are designated for the opposite biological sex.

Institutions/venues: Government-owned buildings and places of public accommodation as defined by Idaho law.

Interactions with others: Those who enter facilities in the course of custodial work, medical or law enforcement roles, emergencies, coaching, assisting others, or accompanying dependents under the specified exceptions.

Procedural and timeline aspects

Effective date: July 1, 2026.

Emergency provision: The act declares an emergency to facilitate immediate enforcement upon effective date.

Penalties:

Misdemeanor with up to 1 year in county jail for a first offense.
Felony (up to 5 years in state prison) on a second conviction within five years.

Fiscal note: The sponsor provides a fiscal note stating no net impact on state or local revenue or expenditures.

Additional notes

The bill includes a detailed supporting statement describing the intended scope and exceptions, along with a brief fiscal note indicating no fiscal impact.

The bill passed the Idaho House and Senate in the 2026 session and is effective upon signing into law (retroactive notes indicate it was enrolled and signed as part of the 2026 Session).

If you’d like, I can compare this bill to existing Idaho statutes on restroom access or provide a quick pros/cons analysis of potential societal and enforcement implications.

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