Idaho Prostitution and Solicitation Laws

Idaho state laws regulate prostitution and solicitation as equivalent crimes. Prostitution is the act of providing sexual contact in exchange for a fee. Solicitation is paying a fee to engage in sexual contact. Prostitution is part of commercial sexual activity offenses, which include operating a place of prostitution, procuring and pimping, and sex trafficking.

Prostitution charges include loitering for purposes of prostitution. Prostitution and solicitation are misdemeanors if the participants are adults. Procurement, pimping (receiving a prostitute’s income), and trafficking are felonies. Any crime involving the trafficking of minor children for sex is a felony.

The Idaho age of consent is 18 years of age. It is illegal for anyone over 18 to have sex with anyone under 16 or between the ages of 16 and 18 if the offender is more than three years older than the victim.

Idaho Commercial Sexual Activity Laws

Idaho Code §18-5601 et seq. defines commercial sexual activities. Idaho statutes proscribe a range of behaviors under commercial sexual activities besides prostitution.

Procurement (§18-5602, 5603, 5604). Procuring means inducing or compelling another person to engage in commercial sexual activity. Related crimes include paying someone to find a sex worker for them (pandering) and receiving money for finding a sex worker (pimping).

Procuring is a felony, punishable by two to 20 years in prison, a fine of $1,000 to $50,000, or both.

Human trafficking for purposes of commercial sexual activities (§ 18-5607) means transporting people into Idaho for any commercial sexual purpose. Anyone inducing, promoting, or supporting such activity is also liable.

Trafficking is a felony, punishable by two to 20 years in prison, a fine of $1,000 to $50,000, or both. If the crime involves children (§ 18-5609), the judge can extend the punishment to life imprisonment.

Prostitution (§ 18-5613) means:

• Engaging in or offering to engage in sexual conduct or sexual contact with another person for a fee
• Loitering in any public place for that purpose

“Sexual conduct” is sexual intercourse. “Sexual contact” is any touching of the genitals or intimate parts of a person for purposes of sexual gratification.

Solicitation (§ 18-5614) is patronizing a prostitute by:

• Paying or offering to pay another person a fee for sexual conduct
• Offering a third person a fee to provide a person for sexual services

Prostitution and solicitation are misdemeanors, punishable by a minimum of five days in jail and fines of up to $2,000. Upon a third or subsequent conviction, the crime becomes a felony punishable by two to 20 years imprisonment.

It is an affirmative defense under prostitution laws that the defendant was a victim of human trafficking. Prostitution laws do not apply to minors alleged to have engaged in illegal conduct (§ 18-5613(4)). Law enforcement may remove sexually exploited children if conditions warrant it.

Get Legal Advice from an Idaho Criminal Defense Lawyer

If someone has charged you with violating Idaho’s commercial sexual activity laws, you need legal advice from an experienced Idaho criminal defense lawyer. Even unfounded charges need professional help. Sex crimes are nothing to handle yourself. Contact an attorney today.