Amends existing law to revise a provision regarding video voyeurism and to revise a penalty for disclosing explicit synthetic media.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 727 BY STATE AFFAIRS COMMITTEE AN ACT1 RELATING TO SEX CRIMES; AMENDING SECTION 18-6605, IDAHO CODE, TO REVISE A2 PROVISION REGARDING VIDEO VOYEURISM; AMENDING SECTION 18-6606, IDAHO3 CODE, TO REVISE A PROVISION REGARDING A PENALTY; AND DECLARING AN EMER-4 GENCY AND PROVIDING AN EFFECTIVE DATE.5

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

SECTION 1. That Section 18-6605, Idaho Code, be, and the same is hereby7 amended to read as follows:8 18-6605. VIDEO VOYEURISM. (1) As used in this section:9 (a) "Broadcast" means the electronic transmittal of a visual image with10 the intent that it be viewed by a person or persons.11 (b) "Disseminate" means to make available by any means to any person.12 (c) "Imaging device" means any instrument capable of recording, stor-13 ing, viewing or transmitting visual images.14 (d) "Intimate areas" means the nude genitals, nude pubic area, nude15 buttocks or nude female nipple.16 (e) "Person" means any natural person, corporation, partnership, firm,17 association, joint venture or any other recognized legal entity or any18 agent or servant thereof.19 (f) "Place where a person has a reasonable expectation of privacy"20 means:21 (i) A place where a reasonable person would believe that he could22 undress, be undressed or engage in sexual activity in privacy,23 without concern that he is being viewed, photographed, filmed or24 otherwise recorded by an imaging device; or25 (ii) A place where a person might reasonably expect to be safe from26 casual or hostile surveillance by an imaging device; or27 (iii) Any public place where a person, by taking reasonable28 steps to conceal intimate areas, should be free from the viewing,29 recording, storing or transmitting of images obtained by imaging30 devices designed to overcome the barriers created by a person's31 covering of intimate areas.32 (g) "Publish" means to:33 (i) Disseminate with the intent that such image or images be made34 available by any means to any person; or35 (ii) Disseminate with the intent that such images be sold by an-36 other person; or37 (iii) Post, present, display, exhibit, circulate, advertise or38 allow access by any means so as to make an image or images available39 to the public; or40 (iv) Disseminate with the intent that an image or images be41 posted, presented, displayed, exhibited, circulated, advertised42

2 or made accessible by any means and to make such image or images1 available to the public.2 (h) "Sell" means to disseminate to another person, or to publish, in ex-3 change for something of value.4 (i) "Sexual act" includes, but is not limited to, masturbation; gen-5 ital, anal or oral sex; sexual penetration with an object; or the6 transfer or transmission of semen upon any part of the depicted person's7 body.8 (2) A person is guilty of video voyeurism when, with the intent of9 arousing, appealing to or gratifying the lust or passions or sexual desires10 of such person or another person, or for his own or another person's lasciv-11 ious entertainment or satisfaction of prurient interest, or for the purpose12 of sexually degrading or abusing any other person, he uses, installs or per-13 mits the use or installation of an imaging device at a place where a person14 would have a reasonable expectation of privacy, without the knowledge or15 consent of the person using such place.16 (3) A person is guilty of video voyeurism when:17 (a) With the intent to annoy, terrify, threaten, intimidate, harass,18 offend, humiliate or degrade, he intentionally disseminates, publishes19 or sells, or threatens or conspires to disseminate, publish or sell, any20 image of another person who is identifiable from the image itself or in-21 formation displayed in connection with the image and whose intimate ar-22 eas are exposed, in whole or in part, or who is engaged in a sexual act;23 (b) He knew or reasonably should have known that the person depicted in24 the image understood that the image should remain private; and25 (c) He knew or reasonably should have known that the person depicted in26 the image did not consent to the dissemination, publication or sale of27 the image.28 (4) A violation of this section is a felony.29 (5) This section does not apply to:30 (a) An interactive computer service, as defined in 47 U.S.C. 230(f)(2),31 an information service, as defined in 47 U.S.C. 153 or a telecommuni-32 cation service, as defined in section 61-121(2) or 62-603(13), Idaho33 Code, for content provided by another person, unless the provider in-34 tentionally aids or abets video voyeurism;35 (b) Images involving voluntary exposure in public or commercial set-36 tings; or37 (c) Disclosures made in the public interest including, but not limited38 to, the reporting of unlawful conduct or the lawful and common practices39 of law enforcement, criminal reporting, legal proceedings or medical40 treatment.41

SECTION 2. That Section 18-6606, Idaho Code, be, and the same is hereby42 amended to read as follows:43 18-6606. DISCLOSING EXPLICIT SYNTHETIC MEDIA. (1) A person is guilty44 of disclosing explicit synthetic media when the person knowingly:45 (a) Discloses explicit synthetic media and knows or reasonably should46 know that:47 (i) An identifiable person portrayed in whole or in part in the48 explicit synthetic media did not consent to such disclosure; and49

3 (ii) Disclosure of the explicit synthetic media would cause the1 identifiable person substantial emotional distress;2 (b) Discloses explicit synthetic media with the intent to annoy, ter-3 rify, threaten, intimidate, harass, offend, humiliate, or degrade an4 identifiable person portrayed in whole or in part in the explicit syn-5 thetic media; or6 (c) Possesses and threatens to disclose explicit synthetic media with7 the intent to obtain money or other valuable consideration from an iden-8 tifiable person portrayed in whole or in part in the explicit synthetic9 media.10 (2) A person who violates subsection (1) of this section is guilty of a11 misdemeanor unless such person is guilty of a felony as provided in subsec-12 tion (3) of this section.13 (3) A person who violates subsection (1) of this section when the iden-14 tifiable person is under eighteen (18) years of age or when the person was15 previously found guilty of a violation of this section or a similar statute16 in another state or any local jurisdiction within the past five (5) years,17 notwithstanding the form of the judgment or withheld judgment, is guilty of18 a felony punishable by imprisonment for a period no more than ten (10) years,19 or by a fine of no more than twenty-five thousand dollars ($25,000), or by20 both such fine and imprisonment.21 (4) As used in this section:22 (a) "Disclose" means to make available by any means to any person.23 (b) "Explicit synthetic media" means synthetic media that depicts or24 appears to depict:25 (i) An identifiable individual engaged in sexual conduct;26 (ii) The intimate parts of another individual or artificially27 generated intimate parts presented as the intimate parts of an28 identifiable individual; or29 (iii) The display or transfer of sexual bodily fluids onto any part30 of the body of an identifiable individual or from the body of an31 identifiable individual.32 (c) "Identifiable individual" means a person who is portrayed in whole33 or in part in synthetic media and who is recognizable by the person's34 face, likeness, or other distinguishing characteristic, such as a35 unique birthmark or other recognizable feature.36 (d) "Intimate parts" means the nude genitals, pubic area, anus, or37 postpubescent female nipple.38 (e) "Realistically" means that the synthetic media is sufficiently39 convincing such that an ordinary person viewing the synthetic media40 would conclude that it is an actual image or video of the identifiable41 person but does not include drawings, cartoons, or paintings.42 (f) "Sexual conduct" means actual or simulated sexual intercourse,43 oral-genital contact, manual genital contact, genital-anal contact,44 oral-anal contact, or other physical-genital contact.45 (g) "Synthetic media" means any image or video created or altered us-46 ing technical means, such as artificial intelligence, to realistically47 misrepresent an identifiable individual as engaging in conduct in which48 the identifiable individual did not engage.49

4 (h) "Valuable consideration" includes but is not limited to sexually1 explicit images or video from the identifiable individual portrayed in2 the synthetic media.3 (5) Subsection (1)(a) of this section shall not apply when:4 (a) The disclosure is made for the purpose of a criminal investigation5 or prosecution that is otherwise lawful;6 (b) The disclosure is for the purpose of, or in connection with, the re-7 porting of unlawful conduct;8 (c) The explicit synthetic media relates to a matter of public interest9 and disclosure serves a lawful public purpose, provided that explicit10 synthetic media does not relate to a matter of public interest merely11 because a public figure is portrayed in the explicit synthetic media;12 (d) The disclosure is for legitimate scientific research or educa-13 tional purposes; or14 (e) The disclosure is made in the normal course of civil legal proceed-15 ings and consistent with common practice or is protected by court order16 that prohibits further dissemination.17 (6) The provisions of this section shall not apply to an interactive18 computer service, as defined in 47 U.S.C. 230(f)(2); an information service,19 as defined in 47 U.S.C. 153; or a telecommunication service, as defined in20 section 61-121(2) or 62-603(13), Idaho Code, for content provided by another21 person, unless the provider intentionally aids or abets disclosing explicit22 synthetic media.23 (7) If any provision of this section or the application thereof to any24 person or circumstance is held invalid, such invalidity shall not affect25 other provisions or applications of this section that can be given effect26 without the invalid provision or application, and to this end the provisions27 of this section are declared to be severable.28

SECTION 3. An emergency existing therefor, which emergency is hereby29 declared to exist, this act shall be in full force and effect on and after30 July 1, 2026.31