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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? For example, could mooning your friends be considered indecent exposure?

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. As a result, many of these laws have been changed or deemed unconstitutional over time. For example, Idaho still has anti-sodomy laws on its books, but the U.S. 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

Under 23-614, sodomy remains a crime if it is committed by force, with someone under the age of consent, with a child, and with someone who is incapacitated or who cannot consent.

Penalty for Sodomy

Under the same statute, linked immediately above, offenders face a penalty of between $100 and $300 and/or imprisonment in the county jail for between 30 days and six months.

HIV Exposure and Compelled Testing for Offenders

Under 39-604, any person charged with a sex crime involving exchange of bodily fluids must submit to testing for STDs/STIs, including tests for HIV and hepatitis C.


Under 18-6601, incest is a crime. Offenders face up to life in prison.

Indecent Exposure & Other Related Offenses
  • Under 18-4116, indecent exposure is a crime. Offenses are treated as a misdemeanor. If a person has been convicted of this offense in another state or if the offense is a subsequent one, it is treated as a felony under many circumstances.
  • Under 18-4104, participating in, producing, or presenting obscene live conduct is a crime in public places. Offenses are treated as a misdemeanor.
  • Under 18-4105, it is a crime to display offensive sexual material in public. Offenses are treated as a misdemeanor.
Age of Consent
  • Under most circumstances, the age of consent is 18 in Idaho.
  • The offense of engaging in sexual activity with someone under the age of consent is referred to as statutory rape in most states.
  • For more information about statutory rape, consider reviewing FindLaw's page on the subject.
Prostitution & Other Related Offenses

Under Chapter 56 of the Idaho Statutes, prostitution, solicitation of prostitutes, and promoting or facilitating prostitution are crimes. For more information about laws related to prostitution in Idaho, consider reviewing FindLaw's page on the subject.

Note: State laws are subject to change by a variety of means -- from newly passed legislation to higher court decisions. Considering contacting a qualified criminal defense attorney near you or conducting your own research to verify the laws you are researching.

More Resources for Laws Related to Sexual Activity 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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