Idaho Prohibited Consensual Sexual Activity Laws

Of course, we all know that non-consensual sexual acts are illegal, but is there anything off limits if both parties consent? And are there seemingly nonsexual activities that might be prohibited? Could mooning your friends be considered “obscene live conduct” under the Gem States criminal statutes? Could a risqué dress warrant an indecent exposure charge? Here are the basics of prohibited consensual sexual activity laws in Idaho.

Sexual Activities Laws

Clearly, non-voluntary sexual acts like rape and sexual assault are prohibited. But there are also voluntary sexual activities that are regulated by state consensual sexual activity laws. Often, these guidelines reflect the prevailing social norms at the time the laws were created and therefore many have been changed or deemed unconstitutional over time. For example, Idaho still has anti-sodomy and anti-fornication laws on its books, but the United States Supreme Court blocked states from enforcing such laws via the Lawrence v. Texas case in 2003.

Consensual Sexual Activity Laws in Idaho

The chart below highlights Idaho’s prohibited consensual sexual activity statutes.

Sodomy Laws Applicable to

Both sexes or with an animal

Penalty for Sodomy

Idaho Statutes 18-6605: Crime Against Nature

Felony not less than 5 years

HIV Exposure and Compelled Testing for Offenders

Idaho Statutes 39-608: Transfer of Body Fluid Which May Contain the HIV Virus

Felony

Other Crimes Relating to Consensual Sex Acts

Idaho Statutes 18-6601: Adultery

Idaho Statutes 18-6603: Fornication

Idaho Statutes 18-4104: Participation in, or Production or Presentation of, Obscene Live Conduct in Public Place

Misdemeanor
Idaho Statutes 18-4105: Public Display of Offensive Sexual Material

Misdemeanor

Idaho Statutes 18-4116: Indecent Exposure

Misdemeanor

State courts and authorities are generally hesitant to police what happens in a private bedroom, but Idaho law does prohibit public indecency, which flashing, public sex, voyeurism, and even non-public exposure if the person intends to be seen by other people. Only Idaho has no legal protections for breastfeeding mothers, who could be charged under indecent exposure laws. And knowingly exposing another to human immunodeficiency virus (HIV) could result in a felony conviction.

More Resources for Prohibited Consensual Sexual Activity Laws in Idaho

State sex laws vary, and the line between legal sex and illegal activity can be difficult to discern. FindLaw's section on Sex Crimes can provide you with further articles and information on this topic. If you would like legal assistance with a sex crime matter, you can consult with an experienced Idaho criminal defense attorney in your area.

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