T18CH66
Title 18 > T18CH66
Sections (6)
18-6601
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 66 SEX CRIMES 18-6601. Incest. (1) Any person who willfully marries or engages in sexual intercourse with another person known to be within the degrees of consanguinity within which marriages are declared by law to be incestuous and void under section 32-205 , Idaho Code, is guilty of a felony. (2) For the purposes of this section, sexual intercourse means genital-genital, oral-genital, anal-genital, oral-anal, manual-anal, or manual-genital penetration between persons of the same or opposite sex. (3) Any violations of this section are punishable by imprisonment in the state prison for a term not to exceed fifteen (15) years; however, if a victim is under the age of eighteen (18) years at the time of violation of this section, such violation is punishable by imprisonment in the state prison for a term not to exceed life. History: [(18-6601) 18-6602, added 1972, ch. 336, sec. 1, p. 966; am. 2003, ch. 202, sec. 1, p. 543; am. 2006, ch. 178, sec. 9, p. 550; am. and redesig. 2022, ch. 124, sec. 5, p. 437.]
18-6602
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 66 SEX CRIMES 18-6602. sexual abuse of an animal. (1) A person is guilty of a felony if that person: (a) Engages in sexual contact with an animal; (b) Advertises, solicits, offers, or accepts the offer of an animal or possesses, purchases, or otherwise obtains an animal with the intent that the animal be subject to sexual contact; or (c) Causes, aids, or abets another person to engage in sexual contact with an animal. (2) As used in this section: (a) Animal means any living creature of the animal kingdom, other than a human being, whether dead or alive at the time of the violation of this section; and (b) Sexual contact means any act committed between a person and an animal for the purpose of sexual arousal, sexual gratification, abuse, or financial gain without a bona fide veterinary or animal husbandry purpose and involving: (i) Contact between the sex organs or anus of an animal and the mouth of the person or contact between the sex organs or anus of the person and the mouth of the animal; (ii) The insertion of any part of the animal’s body into the vaginal or anal opening of the person; or (iii) The insertion of any part of the body of a person or any object into the vaginal or anal opening of an animal. (3) Any person who violates this section may be punished by imprisonment in the state prison for a term not to exceed five (5) years. Additionally, the court may order a person who violates this section to: (a) Relinquish custody of some or all animals under the person’s control at the time of the offense. If the person convicted of violating this section is not the owner of the animal that was the subject of the violation, then the animal shall be returned to the owner of the animal. An animal returned to an owner under this section shall not be spayed or neutered prior to being returned; and (b) Reimburse the agency or shelter caring for the animal for reasonable costs incurred for the care and treatment of the animal from the date of impoundment until the disposition of the criminal proceeding. (4) Nothing in this section shall be construed to criminalize: (a) Generally accepted veterinary practices in compliance with chapter 21, title 54 , Idaho Code; (b) Generally accepted agricultural, farming, ranching, and animal husbandry practices, including grooming, raising, breeding or artificially inseminating an animal for reproductive purposes, assisting with the birthing process of animals, or any other procedure that provides care for an animal; (c) Generally accepted commercial, traditional, cultural, historical, or tribal practices, including judging of breed conformation, rodeos, horse racing, fairs, and stock sales and auctions; or (d) Generally accepted hunting, fishing, and trapping practices in compliance with title 36 , Idaho Code. History: [18-6602, added 2022, ch. 124, sec. 6, p. 437.]
18-6603
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 66 SEX CRIMES 18-6603. sexual abuse of human remains. (1) A person is guilty of a felony if that person engages in sexual contact with human remains. (2) As used in this section: (a) Human remains means a deceased human body or any portion of a deceased human body in any condition or state of decomposition; and (b) Sexual contact means any act committed between a person and human remains for the purpose of sexual arousal, sexual gratification, abuse, or financial gain involving genital-genital, oral-genital, anal-genital, oral-anal, manual-genital, or manual-anal contact between a person and human remains or penetration of the genitals or anus with an object, instrument, or device. (3) Any person who violates this section may be punished by imprisonment in the state prison for a term not to exceed five (5) years. (4) Nothing in this section shall be construed to criminalize: (a) Generally accepted dental, nursing, or medical practices in compliance with chapter 9, chapter 18, or chapter 14, title 54 , Idaho Code; (b) Generally accepted organ donation or anatomical gift practices in compliance with chapter 34, title 39 , Idaho Code; (c) Generally accepted mortuary or funerary practices, including but not limited to embalming in compliance with chapter 11, title 54 , Idaho Code; or (d) Generally accepted investigative practices by coroners, medical examiners, pathologists, or the like. History: [18-6603, added 2022, ch. 124, sec. 7, p. 438.]
18-6604
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 66 SEX CRIMES 18-6604. Forcible penetration by use of foreign object. (1) A person violates this section when that person willfully causes the penetration, however slight, of the genital or anal opening of any person, by any object, instrument, or device: (a) Against the victim’s will by: (i) Use of force or violence; or (ii) Duress; or (iii) Threats of immediate and great bodily harm, accompanied by apparent power of execution; or (b) Where the victim is incapable, through any unsoundness of mind, whether temporary or permanent, of giving legal consent; or (c) Where the victim is prevented from resistance by any intoxicating, narcotic, or anesthetic substance; or (d) Where the victim is at the time unconscious of the nature of the act because the victim: (i) Was unconscious or asleep; or (ii) Was not aware, knowing, perceiving, or cognizant that the act occurred. (2) A person who violates the provisions of this section shall be guilty of a felony and shall be punished by imprisonment in the state prison for not more than life. (3) The provisions of this section shall not apply to bona fide medical, health care, or hygiene procedures. History: [(18-6604) 18-6608, added 1983, ch. 176, sec. 1, p. 484; am. 2002, ch. 360, sec. 1, p. 1018; am. 2014, ch. 165, sec. 1, p. 467; am. 2018, ch. 323, sec. 1, p. 753; am. and redesig. 2022, ch. 124, sec. 8, p. 438.]
18-6605
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 66 SEX CRIMES 18-6605. video voyeurism. (1) As used in this section: (a) Broadcast means the electronic transmittal of a visual image with the intent that it be viewed by a person or persons. (b) Disseminate means to make available by any means to any person. (c) Imaging device means any instrument capable of recording, storing, viewing or transmitting visual images. (d) Intimate areas means the nude genitals, nude pubic area, nude buttocks or nude female nipple. (e) Person means any natural person, corporation, partnership, firm, association, joint venture or any other recognized legal entity or any agent or servant thereof. (f) Place where a person has a reasonable expectation of privacy means: (i) A place where a reasonable person would believe that he could undress, be undressed or engage in sexual activity in privacy, without concern that he is being viewed, photographed, filmed or otherwise recorded by an imaging device; or (ii) A place where a person might reasonably expect to be safe from casual or hostile surveillance by an imaging device; or (iii) Any public place where a person, by taking reasonable steps to conceal intimate areas, should be free from the viewing, recording, storing or transmitting of images obtained by imaging devices designed to overcome the barriers created by a person’s covering of intimate areas. (g) Publish means to: (i) Disseminate with the intent that such image or images be made available by any means to any person; or (ii) Disseminate with the intent that such images be sold by another person; or (iii) Post, present, display, exhibit, circulate, advertise or allow access by any means so as to make an image or images available to the public; or (iv) Disseminate with the intent that an image or images be posted, presented, displayed, exhibited, circulated, advertised or made accessible by any means and to make such image or images available to the public. (h) Sell means to disseminate to another person, or to publish, in exchange for something of value. (i) Sexual act includes, but is not limited to, masturbation; genital, anal or oral sex; sexual penetration with an object; or the transfer or transmission of semen upon any part of the depicted person’s body. (2) A person is guilty of video voyeurism when, with the intent of arousing, appealing to or gratifying the lust or passions or sexual desires of such person or another person, or for his own or another person’s lascivious entertainment or satisfaction of prurient interest, or for the purpose of sexually degrading or abusing any other person, he uses, installs or permits the use or installation of an imaging device at a place where a person would have a reasonable expectation of privacy, without the knowledge or consent of the person using such place. (3) A person is guilty of video voyeurism when: (a) With the intent to annoy, terrify, threaten, intimidate, harass, offend, humiliate or degrade, he intentionally diss
18-6606
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 66 SEX CRIMES 18-6606. DISCLOSING EXPLICIT SYNTHETIC MEDIA. (1) A person is guilty of disclosing explicit synthetic media when the person knowingly: (a) Discloses explicit synthetic media and knows or reasonably should know that: (i) An identifiable person portrayed in whole or in part in the explicit synthetic media did not consent to such disclosure; and (ii) Disclosure of the explicit synthetic media would cause the identifiable person substantial emotional distress; (b) Discloses explicit synthetic media with the intent to annoy, terrify, threaten, intimidate, harass, offend, humiliate, or degrade an identifiable person portrayed in whole or in part in the explicit synthetic media; or (c) Possesses and threatens to disclose explicit synthetic media with the intent to obtain money or other valuable consideration from an identifiable person portrayed in whole or in part in the explicit synthetic media. (2) A person who violates subsection (1) of this section is guilty of a misdemeanor unless such person is guilty of a felony as provided in subsection (3) of this section. (3) A person who violates subsection (1) of this section when the person was previously found guilty of a violation of this section or a similar statute in another state or any local jurisdiction within the past five (5) years, notwithstanding the form of the judgment or withheld judgment, is guilty of a felony punishable by imprisonment for a period no more than ten (10) years, or by a fine of no more than twenty-five thousand dollars ($25,000), or by both such fine and imprisonment. (4) As used in this section: (a) Disclose means to make available by any means to any person. (b) Explicit synthetic media means synthetic media that depicts or appears to depict: (i) An identifiable individual engaged in sexual conduct; (ii) The intimate parts of another individual or artificially generated intimate parts presented as the intimate parts of an identifiable individual; or (iii) The display or transfer of sexual bodily fluids onto any part of the body of an identifiable individual or from the body of an identifiable individual. (c) Identifiable individual means a person who is portrayed in whole or in part in synthetic media and who is recognizable by the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature. (d) Intimate parts means the nude genitals, pubic area, anus, or postpubescent female nipple. (e) Realistically means that the synthetic media is sufficiently convincing such that an ordinary person viewing the synthetic media would conclude that it is an actual image or video of the identifiable person but does not include drawings, cartoons, or paintings. (f) Sexual conduct means actual or simulated sexual intercourse, oral-genital contact, manual genital contact, genital-anal contact, oral-anal contact, or other physical-genital contact. (g) Synthetic media means any i