CRIMES AND PUNISHMENTS
CHAPTER 15
CHILDREN AND VULNERABLE ADULTS
18-1507.Sexual exploitation of a child. (1) The legislature hereby finds and declares
that the commercial sexual exploitation of children constitutes a
wrongful invasion of the child’s right of privacy and results
in social, developmental, and emotional injury to the child; that
a child below the age of eighteen (18) years is incapable of giving
informed consent to the use of his or her body for a commercial purpose;
and that to protect children from commercial sexual exploitation it
is necessary to prohibit the production for trade or commerce of material
which involves or is derived from such exploitation and to exclude
all such material from the channels of trade and commerce.
(2) As used
in this section, unless the context otherwise requires:
(a) "Bestiality"
means a sexual connection in any manner between a human being and
any animal.
(b) "Child"
means a person who is less than eighteen (18) years of age.
(c) "Commercial
purpose" means the intention, objective, anticipation, or expectation
of monetary gain or other material consideration, compensation, remuneration,
or profit.
(d) "Erotic
fondling" means touching a person’s clothed or unclothed
genitals or pubic area, developing or undeveloped genitals or pubic
area (if the person is a child), buttocks, breasts (if the person
is a female), or developing or undeveloped breast area (if the person
is a female child), for the purpose of real or simulated overt sexual
gratification or stimulation of one (1) or more of the persons involved. "Erotic
fondling" shall not be construed to include physical contact,
even if affectionate, which is not for the purpose of real or simulated
overt sexual gratification or stimulation of one (1) or more of the
persons involved.
(e) "Erotic
nudity" means the display of the human male or female genitals
or pubic area, the undeveloped or developing genitals or pubic area
of the human male or female child, the human female breasts, or the
undeveloped or developing breast area of the human female child, for
the purpose of real or simulated overt sexual gratification or stimulation
of one (1) or more of the persons involved.
(f) "Explicit
sexual conduct" means sexual intercourse, erotic fondling, erotic
nudity, masturbation, sadomasochism, sexual excitement, or bestiality.
(g) "Masturbation"
means the real or simulated touching, rubbing, or otherwise stimulating
of a person’s own clothed or unclothed genitals or pubic area,
developing or undeveloped genitals or pubic area (if the person is
a child), buttocks, breasts (if the person is a female), or developing
or undeveloped breast area (if the person is a female child), by manual
manipulation or self-induced or with an artificial instrument, for
the purpose of real or simulated overt sexual gratification or arousal
of the person.
(h) "Sadomasochism"
means:
(i) Real
or simulated flagellation or torture for the purpose of real or simulated
sexual stimulation or gratification; or
(ii) The
real or simulated condition of being fettered, bound, or otherwise
physically restrained for sexual stimulation or gratification of a
person.
(i) "Sexual
excitement" means the real or simulated condition of human male
or female genitals when in a state of real or simulated overt sexual
stimulation or arousal.
(j) "Sexual
intercourse" means real or simulated intercourse, whether genital-genital,
oral-genital, anal-genital, or oral-anal, between persons of the same
or opposite sex, or between a human and an animal, or with an artificial
genital.
(k) "Sexually
exploitative material" means any photograph, motion picture,
videotape, print, negative, slide, or other mechanically, electronically,
or chemically reproduced visual material which depicts a child engaged
in, participating in, observing, or being used for explicit sexual
conduct.
(3) A person
commits sexual exploitation of a child if, for any commercial purpose,
he knowingly:
(a) Causes,
induces, or permits a child to engage in, or be used for, any explicit
sexual conduct; or
(b) Prepares,
arranges for, publishes, produces, promotes, makes, sells, finances,
offers, exhibits, advertises, deals in, possesses, or distributes
any sexually exploitative material.
(4) The
possession by any person of three (3) or more identical copies of
any sexually exploitative material shall create a presumption that
such possession is for a commercial purpose.
(5) The
sexual exploitation of a child is a felony and shall be punishable
by imprisonment in the state prison for a term not to exceed thirty
(30) years or by a fine not to exceed fifty thousand dollars ($50,000)
or by both such fine and imprisonment.
(6) If any
provision of this section or the application thereof to any person
or circumstance is held invalid, such invalidity shall not affect
other provisions or applications of this section which can be given
effect without the invalid provision or application, and to this end
the provisions of this section are declared to be severable.
Idaho Statutes