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H 795

OBSCENE MATERIAL AND LEWD MATTER – Amends existing law to revise the definition of “obscene material” and to revise the definition of “lewd matter.”

68th Legislature, 2nd Regular Session (2026)

Idaho revises legal definitions of obscene material and lewd matter, affecting what content can be legally restricted or prosecuted in the state.

Reported Signed by Governor on March 31, 2026 Session Law Chapter 262 Effective: 07/01/2026
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Bill Summary · H 795

Legislative bill overview

H 795 amends Idaho law to revise the legal definitions of "obscene material" and "lewd matter." The bill passed the Senate unanimously (34-0-1) and has been sent for enrollment. The specific language of the revised definitions is not provided in the available legislative record.

Why is this important

Definitions of obscenity and lewdness directly affect what materials can be legally restricted, sold, or prosecuted—impacting everything from retail businesses and libraries to online platforms and law enforcement. Changes to these definitions can broaden or narrow what content is legally prohibited, affecting free speech rights, business operations, and community standards enforcement.

Potential points of contention

  • Vagueness concerns: Legal challenges often target obscenity definitions as unconstitutionally vague; revisions must clearly distinguish protected from unprotected speech
  • Community standards interpretation: "Lewd matter" definitions vary by jurisdiction; overly broad definitions could restrict protected expression or create enforcement inconsistencies
  • Practical application: Unclear definitions create litigation risk and burden law enforcement and courts with determining what material violates the law

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

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