Amends existing law to revise a provision regarding enticing a child through use of the internet or other communication device.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 541 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE AN ACT1 RELATING TO ENTICING A CHILD; AMENDING SECTION 18-1509A, IDAHO CODE, TO RE-2 VISE A PROVISION REGARDING ENTICING A CHILD THROUGH USE OF THE INTER-3 NET OR OTHER COMMUNICATION DEVICE, TO DEFINE A TERM, AND TO MAKE TECHNI-4 CAL CORRECTIONS; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE5 DATE.6

Be It Enacted by the Legislature of the State of Idaho:7

SECTION 1. That Section 18-1509A, Idaho Code, be, and the same is hereby8 amended to read as follows:9 18-1509A. ENTICING A CHILD THROUGH USE OF THE INTERNET OR OTHER10 COMMUNICATION DEVICE -- PENALTIES -- JURISDICTION. (1) A person aged eigh-11 teen (18) years of age or older shall be guilty of a felony if such person12 knowingly uses the internet or any device that provides transmission of13 messages, signals, facsimiles, video images, or other communication to14 solicit, seduce, lure, persuade, or entice by words or actions, or both, a15 person under the age of sixteen (16) years child or a person the defendant16 believes to be under the age of sixteen (16) years a child to engage in any17 sexual act with or against the person where such act would be a violation of18 chapter 15, 61, or 66, title 18, Idaho Code.19 (2) Any person who is convicted of a violation of this section shall be20 punished by imprisonment in the state prison for a period not to exceed fif-21 teen (15) years.22 (3) It shall not constitute a defense against any charge or violation of23 this section that a law enforcement officer, peace officer, or other person24 working at the direction of law enforcement was involved in the detection or25 investigation of a violation of this section.26 (4) In a prosecution under this section, it is not necessary for the27 prosecution to show that an act described in chapter 15, 61, or 66, title 18,28 Idaho Code, actually occurred.29 (5) The offense is committed in the state of Idaho for purposes of de-30 termining jurisdiction if the transmission that constitutes the offense ei-31 ther originates in or is received in the state of Idaho.32 (6) As used in this section, "child" means:33 (a) A person under sixteen (16) years of age; or34 (b) A person who is sixteen (16) or seventeen (17) years of age when the35 perpetrator is at least five (5) years of age older.36

SECTION 2. An emergency existing therefor, which emergency is hereby37 declared to exist, this act shall be in full force and effect on and after38 July 1, 2026.39