Amends existing law to revise a provision regarding abortion trafficking.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1370 BY JUDICIARY AND RULES COMMITTEE AN ACT1 RELATING TO ABORTION TRAFFICKING; AMENDING SECTION 18-623, IDAHO CODE, TO2 REVISE A PROVISION REGARDING ABORTION TRAFFICKING; AND DECLARING AN3 EMERGENCY AND PROVIDING AN EFFECTIVE DATE.4

Be It Enacted by the Legislature of the State of Idaho:5

SECTION 1. That Section 18-623, Idaho Code, be, and the same is hereby6 amended to read as follows:7 18-623. ABORTION TRAFFICKING. (1) An adult who, with the intent to8 conceal an abortion from the parents or guardian of a pregnant, unemanci-9 pated minor, either procures an abortion, as described in section 18-604,10 Idaho Code, or obtains an abortion-inducing drug for the pregnant minor to11 use for an abortion by recruiting, harboring, or transporting the pregnant12 minor within this state commits the crime of abortion trafficking. As used13 in this subsection, the terms "procure" and "obtain" shall not include the14 providing of information regarding a health benefit plan.15 (2) It shall be an affirmative defense to a prosecution under subsec-16 tion (1) of this section that a parent or guardian of the pregnant minor con-17 sented to trafficking of the minor.18 (3) It shall not be an affirmative defense to a prosecution under sub-19 section (1) of this section that the abortion provider or the abortion-in-20 ducing drug provider is located in another state.21 (4) The Idaho attorney general has the authority, at the attorney gen-22 eral's sole discretion, to prosecute a person for a criminal violation of23 this section if the prosecuting attorney authorized to prosecute criminal24 violations of this section refuses to prosecute violations of any of the pro-25 visions of this section by any person without regard to the facts or circum-26 stances.27 (5) Any person who commits the crime of abortion trafficking, as pro-28 vided in subsection (1) of this section, shall be punished by imprisonment29 in the state prison for no less than two (2) years and no more than five (5)30 years.31

SECTION 2. An emergency existing therefor, which emergency is hereby32 declared to exist, this act shall be in full force and effect on and after33 July 1, 2026.34