Amends existing law to revise the penalty for soliciting commercial sexual activity.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 493 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE AN ACT1 RELATING TO COMMERCIAL SEXUAL ACTIVITY; AMENDING SECTION 18-5614, IDAHO2 CODE, TO REVISE THE PENALTY FOR SOLICITING COMMERCIAL SEXUAL ACTIVITY3 AND TO MAKE A TECHNICAL CORRECTION; AND DECLARING AN EMERGENCY AND PRO-4 VIDING AN EFFECTIVE DATE.5

Be It Enacted by the Legislature of the State of Idaho:6

SECTION 1. That Section 18-5614, Idaho Code, be, and the same is hereby7 amended to read as follows:8 18-5614. SOLICITING COMMERCIAL SEXUAL ACTIVITY. (1) A person is9 guilty of soliciting commercial sexual activity when he or she:10 (a) Pays, offers to pay, or agrees to pay another person a fee for the11 purpose of engaging in sexual contact; or12 (b) Offers a third person to engage in, or agrees to provide a third per-13 son to engage in, sexual contact in return for a fee.14 (2) Soliciting commercial sexual activity shall be a misdemeanor for15 any person eighteen (18) years of age or older but under twenty-one (21)16 years of age, provided that a second or subsequent conviction therefor shall17 be a felony. Any person convicted of a misdemeanor violation of this section18 shall be sentenced to a minimum period of confinement of five (5) days in jail19 and may be sentenced to up to one (1) year in jail or fined up to two thousand20 dollars ($2,000), or both. The minimum period of confinement shall be served21 in a county jail, and a court shall not have the power to suspend, withhold,22 retain jurisdiction over, or commute the minimum period of confinement im-23 posed pursuant to this section.24 (3) Soliciting commercial sexual activity shall be a felony for any25 person twenty-one (21) years of age or older. Any person convicted of a26 felony violation of this section shall be sentenced to a minimum period of27 confinement of six (6) months in jail and may be sentenced to up to three (3)28 years in jail or fined up to ten thousand dollars ($10,000), or both. The29 minimum period of confinement shall be served in a county jail, and a court30 shall not have the power to suspend, withhold, retain jurisdiction over, or31 commute the minimum period of confinement imposed pursuant to the provisions32 of this section.33

SECTION 2. An emergency existing therefor, which emergency is hereby34 declared to exist, this act shall be in full force and effect on and after35 July 1, 2026.36