Idaho Prohibited Consensual Sexual Activity Laws

Sexual activity laws in the state of Idaho resemble those of most other states. Consensual sex between consenting adults is legal regardless of the nature of the activity. Idaho repealed its anti-sodomy laws in 2022.

Non-consensual sexual activities remain illegal. Non-consensual sexual contact laws (§ 18-6101 et seq.) ban sexual activities where one person:

• Cannot consent because of their age. The age of consent in Idaho is 18. A 17-year-old cannot consent to sex with an adult.
• Cannot consent because of incapacity. Incapacity includes both physical incapacity, such as unconsciousness or intoxication, and mental incapacity.
• Did not consent verbally or physically, and the perpetrator continued with the act.

The Idaho statutory rape law contains a “Romeo and Juliet” exception where one partner is between 15 and 17 years of age, and the other is less than three years older. Those are the only real exceptions to non-consensual sexual conduct laws.

Forcible rape, sexual assault, and sexual abuse are not sexual activity. The legal system has realized that these are violent crimes, not sexual acts.

Unlawful Sexual Activities

There are some voluntary sexual acts between consenting adults that are illegal under Idaho law. Many of these are crimes against public order or crimes against marriage. They may involve fraud or deception. The types of crimes and penalties can change rapidly whenever the U.S. Supreme Court issues a ruling on a matter.

Bigamy and Polygamy

Bigamy (§ 18-1101) means marrying another person while having a spouse still living. Bigamy and polygamy are illegal in all 50 states. In Idaho, they are illegal even if both spouses agree to such an arrangement. Bigamy is punishable by up to three years imprisonment and a fine of up to $2,000.

Incest

The state defines an “incestuous marriage” (§ 32-205) as one where the participants are:

• Parents and children
• Grandparents and grandchildren of any degree
• Brothers and sisters of half- and whole-blood
• Uncles and nieces or aunts and nephews

Incestuous marriages are void and illegal. Incestuous sexual intercourse is a felony (§ 18-6601) punishable by 15 years of imprisonment and up to life imprisonment if the victim is under 18 at the time of the offense.

Commercial Sexual Activity

Prostitution (§ 18-5613) and solicitation of prostitution (§ 18-5614) are misdemeanors for first offenses and felonies upon third and subsequent offenses. Both crimes involve offering to pay a fee for sexual activity.

Indecency and Obscenity

Indecent conduct is sometimes in the eye of the beholder. Under Idaho code, laws about lewd conduct provide protections against acts committed in public places. It would be difficult to have someone arrested for indecent exposure in one’s own home.

• Indecent exposure (§ 18-4116). Exposing one’s genitals in any public place or where they can annoy or offend any person.
• Public production of obscene material (§ 18-4104). Participating in or producing any obscene live show or other production viewed by the public.
• Display of obscene material (§ 18-4105). Any public display of human genitals, actual or simulated sex acts, or sadomasochistic abuse.

These crimes are generally misdemeanors unless they involve children or the defendant has multiple offenses.

Get Legal Advice from an Idaho Criminal Defense Attorney

State laws on sex crimes can make an offender into a sex offender without intending it. If you’re facing a charge and need legal help, contact an experienced Idaho criminal defense attorney right away.