Laws Pertaining to Sexting in the State of Idaho

The State of Idaho does not have a separate statute to STATEaddress sexting crimes. Therefore, under Idaho law anyone who creates, distributes or possesses an image of a minor engaged in a sexually explicit act may be prosecuted under the State’s child pornography laws and if convicted, may serve up to 30 years in jail and be required to register as a sex offender.

Legislative Summary

In general, the dissemination, receipt or production of an image containing a minor engaged in a sexual activity would constitute a felony under the Idaho child pornography statutes. Exceptions to the law for minors do not exist and as such two minors who send each other sexually explicit images of themselves could be prosecuted under the State’s child pornography laws and if convicted, receive jail time and will generally need to register as a sex offender.

Law and Punishment

In general, under Idaho law it is a felony to:

  • Make any photographic or electronic recording of a minor child; or induce, cause or permit a minor child to witness an act of sexual conduct.
  • Commit sexual exploitation of a child:
    • For any commercial purpose, knowingly:
    • Cause, induce, or permit a child to engage in, or be used for, any explicit sexual conduct; or
    • Prepare, arrange for, publish, produce, promote, make, sell, finance, offer, exhibit, advertises, deal in, possess, or distribute any sexually explicit material.
    • The possession by any person of 3 or more identical copies of any sexually explicit material shall create a presumption that such possession is for a commercial purpose.
    • The sexual exploitation of a child is a felony and shall be punishable by up to 30 years in jail or a fine not to exceed $50,000 or by both.
  • Knowingly and willfully possess any sexually explicit material of a minor is guilty of a felony, and punishable by up to 10 years in jail and by a fine of up to $10,000.
  • sobering reality

    Separate felony convictions for possession, distribution or creation of child pornography.

    Up to 30 years in jail for distribution or creation of child pornography.

    Up to 10 years in jail for possession of child pornography

    Registration as a sex offender

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