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IDAHO

TITLE  18 CRIMES AND PUNISHMENTS
CHAPTER 41 INDECENCY AND OBSCENITY

   18-4101. DEFINITIONS. The following definitions are applicable to this act:

   (A)  "Obscene" material means any matter:

   (1)  which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest; and

   (2)  which depicts or describes patently offensive representations or descriptions of:

         (a) ultimate sexual acts, normal or perverted, actual or simulated; or

         (b) masturbation, excretory functions, or lewd exhibition of the genitals or genital area.

Nothing herein contained is intended to include or proscribe any matter which, when considered as a whole, and in the context in which it is used, possesses serious literary, artistic, political or scientific value.

   In prosecutions under this act, where circumstances of production, presentation, sale, dissemination, or publicity indicate that the matter is being commercially exploited by the defendant for the sake of its prurient appeal, such evidence is probative with respect to the nature of the matter and can justify the conclusion that, in the context in which it is used, the matter has no serious literary, artistic, political, or scientific value.

   (B)  "Prurient interest" means a shameful or morbid interest in nudity, sex, or excretion, which goes substantially beyond customary limits of candor in description or representation of such matters. If it appears from the character of the material or the circumstances of its dissemination that the subject matter is designed for a specially susceptible audience or clearly defined deviant sexual group, the appeal of the subject matter shall be judged with reference to such audience or group.

   (C)  "Matter" or "material" means any book, magazine, newspaper, or other printed or written material; or any picture, drawing, photograph, motion picture, or other pictorial representation; or any statue or other figure; or any recording, transcription, or mechanical, chemical, or electrical reproduction; or any other articles, equipment, machines, or materials.

   (D)  "Person" means any individual, partnership, firm, association, corporation, or other legal entity; or any agent or servant thereof.

   (E)  "Distribute" means to transfer possession of, whether with or without consideration, by any means.

   (F)  "Knowingly" means having actual or constructive knowledge of the character of the subject matter or live conduct. A person shall be deemed to have constructive knowledge of the character of the subject matter or live conduct if he has knowledge of facts which would put a reasonable and prudent man on notice as to the suspect nature of the matter, and the failure to inspect the contents is either for the purpose of avoiding such disclosure or is due to reckless conduct.

   (G)  "Reckless conduct" is conduct which consciously disregards a substantial and unjustifiable risk that matter may be obscene. The risk must be of such a nature and degree that, considering the nature and purpose of the actor's conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that an average law-abiding person would observe in the actor's situation under like circumstances.

   (H)  "Exhibit" means to show or display.

   (I)  "Obscene live conduct" means any physical human body activity, whether performed or engaged in alone or with other persons, including but not limited to singing, speaking, dancing, acting, simulating, or pantomiming, where:

   (1)  the average person, applying contemporary community standards, would find such conduct, when considered as a whole, appeals to the prurient interest; and

   (2)  the conduct is patently offensive because it consists of:

         (a) ultimate sexual acts, normal or perverted, actual or simulated; or

         (b) masturbation, excretory functions, or lewd exhibition of the genitals or genital area.

Nothing herein contained is intended to include or proscribe any conduct which, when considered as a whole, and in the context in which it is used, possesses serious literary, artistic, political or scientific value. In prosecutions under this act, where circumstances of production, presentation, advertising, or exhibition indicate that live conduct is being commercially exploited by the defendant for the sake of its prurient appeal, such evidence is probative with respect to the nature of the conduct and can justify the conclusion that, in the context in which it is used, the matter has no serious literary, artistic, political or scientific value.

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TITLE  18 CRIMES AND PUNISHMENTS
CHAPTER 41 INDECENCY AND OBSCENITY

   18-4103. GENERAL SALE OR DISTRIBUTION, ETC., OF OBSCENE MATTER -- PENALTY. Every person in this state who knowingly: brings or causes to be brought into this state for sale or distribution; or in this state prepares for distribution, publishes, prints, exhibits, distributes, or offers to distribute; or has in his possession with intent to distribute, exhibit, or offer to distribute, any obscene matter is guilty of a misdemeanor. Each sale, distribution, etc., is a separate violation.

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TITLE  18 CRIMES AND PUNISHMENTS
CHAPTER 41 INDECENCY AND OBSCENITY

   18-4104. PARTICIPATION IN, OR PRODUCTION OR PRESENTATION OF, OBSCENE LIVE CONDUCT IN PUBLIC PLACE -- PENALTY.

(A) Every person who knowingly engages or participates in, manages, produces, sponsors, presents, or exhibits obscene live conduct to or before an assembly or audience consisting of at least one (1) person or spectator in any public place, or in any place exposed to public view, or in any place open to the public or to a segment thereof, whether or not an admission fee is charged, or whether or not attendance is conditioned upon the presentation of a membership card or other token, is guilty of a misdemeanor.

   (B)  Every person who procures, counsels, or assists any person to engage in such conduct, or who knowingly exhibits, or procures, counsels, or assists in the exhibition of a motion picture, television production, or other mechanical reproduction containing such conduct, is guilty of a misdemeanor.

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TITLE  18 CRIMES AND PUNISHMENTS
CHAPTER 41 INDECENCY AND OBSCENITY

  18-4105. PUBLIC DISPLAY OF OFFENSIVE SEXUAL MATERIAL -- PENALTY.

Any person who knowingly exhibits or displays or permits to be exhibited or displayed any of the following in such a manner that such exhibit or display is easily visible from any street, sidewalk, thoroughfare, or other public area; or is visible from any transportation facility; or is visible from any residence when the person knows that the owner or occupant of such residence objects to such exhibit or display:

   (a)  Human genitals or pubic area without a full opaque covering, or any graphic or pictorial depiction thereof, or any depiction of covered male genitals in a discernibly erect state;

   (b)  An actual or simulated sex act, or sexual contact between humans and animals, or masturbation, or any graphic or pictorial display thereof; or

   (c)  Any depiction of sado-masochistic abuse, as defined in section 18-1514(5), Idaho Code, is guilty of a misdemeanor.

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TITLE  18 CRIMES AND PUNISHMENTS
CHAPTER 41 INDECENCY AND OBSCENITY

   18-4109. PUNISHMENT FOR VIOLATIONS. The following punishments are applicable to this act:

   Every person who violates sections 18-4103, 18-4104 or 18-4105, Idaho Code, is punishable by a fine of not more than three hundred dollars ($300), or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment for each separate violation. If such person has twice been convicted within the immediately preceding two (2) years for any offense contained in chapter 41, title 18, Idaho Code, and these convictions were for offenses which occurred ten (10) or more days apart, a third or subsequent violation of sections 18-4103, 18-4104 or 18-4105, Idaho Code, within this two (2) year period is punishable as a felony.

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TITLE  18  CRIMES AND PUNISHMENTS
CHAPTER 41 INDECENCY AND OBSCENITY

18-4116. INDECENT EXPOSURE.

Every person who willfully and lewdly, either:

 (1) Exposes his or her genitals, in any public place, or in any place where there is present another person or persons who are offended or annoyed thereby; or,

 (2) Procures, counsels, or assists any person so to expose his or her genitals, where there is present another person or persons who are offended or annoyed thereby is guilty of a misdemeanor.

Any person who pleads guilty to or is found guilty of a violation of subsection (1) or (2) of this section or a similar statute in another state or any local jurisdiction for a second time within five (5) years, notwithstanding the form of the judgment(s) or withheld judgment(s), is guilty of a felony.

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TITLE  18 CRIMES AND PUNISHMENTS
CHAPTER 78 RACKETEERING ACT

   18-7803. DEFINITIONS. As used in this chapter, (a) "Racketeering" means any act which is chargeable or indictable under the following sections of the Idaho Code or which are equivalent acts chargeable or indictable as equivalent crimes under the laws of any other jurisdiction:

   (1)  Homicide (section 18-4001, Idaho Code);

   (2)  Robbery, burglary, theft, forgery, counterfeiting, and related crimes(sections 18-1401, 18-1405, 18-2403, 18-2407, 18-3123, 18-3124, 18-3125, 18-3601, 18-3602, 18-3603, 18-3605, 18-3606, 18-3607, 18-3609, 18-3610, 18-3614, 18-3615, 18-4630, 18-6501 and 49-518, Idaho Code);

   (3)  Kidnapping (section 18-4501, Idaho Code);

   (4)  Prostitution (sections 18-5601, 18-5602, 18-5603, 18-5604, 18-5605, 18-5606, 18-5608 and 18-5609, Idaho Code);

   (5)  Arson (sections 18-801, 18-802, 18-803, 18-804 and 18-805, Idaho Code);

   (6)  Assault (sections 18-908 and 18-4015, Idaho Code);

   (7)  Lotteries and gambling (sections 18-3801, 18-3802, 18-3809, 18-4902, 18-4903, 18-4904, 18-4905, 18-4906 and 18-4908, Idaho Code);

   (8)  Indecency and obscenity (sections 18-1515, 18-1518, 18-4103, 18-4103A, 18-4104, 18-4105, 18-4105A and 18-4107, Idaho Code);

   (9)  Poisoning (sections 18-4014 and 18-5501, Idaho Code);

   (10) Fraudulent practices, false pretenses, insurance fraud, financial transaction card crimes and fraud generally (sections 18-2403, 18-2706, 18-3002, 18-3101, 18-3124, 18-3125, 18-3126, 18-6713, 41-293, 41-294 and 41-1306, Idaho Code);

   (11) Alcoholic beverages (sections 23-602, 23-606, 23-610, 23-703, 23-905, 23-914, 23-928, 23-934 and 23-938, Idaho Code);

   (12) Cigarette taxes (sections 63-2505 and 63-2512(b), Idaho Code);

   (13) Securities (sections 30-14-401, 30-14-402, 30-14-403, 30-14-404, 30-14-501, 30-14-502, 30-14-505 and 30-14-506, Idaho Code);

   (14) Horseracing (section 54-2512, Idaho Code);

   (15) Interest and usurious practices (sections 28-45-401 and 28-45-402, Idaho Code);

   (16) Corporations (sections 18-1901, 18-1902, 18-1903, 18-1904, 18-1905, 18-1906 and 30-1510, Idaho Code);

   (17) Perjury (sections 18-5401 and 18-5410, Idaho Code);

   (18) Bribery and corrupt influence (sections 18-1352 and 18-1353, Idaho Code);

   (19) Controlled substances (sections 37-2732(a), (b), (c), (e) and (f), 37-2732B, 37-2734 and 37-2734B, Idaho Code);

   (20) Motor vehicles (sections 49-228, 49-231, 49-232 and 49-518, Idaho Code);

   (21) Terrorism (section 18-8103, Idaho Code).

   (b)  "Person" means any individual or entity capable of holding a legal or beneficial interest in property;

   (c)  "Enterprise" means any sole proprietorship, partnership, corporation, business, labor union, association or other legal entity or any group of individuals associated in fact although not a legal entity, and includes illicit as well as licit entities; and

   (d)  "Pattern of racketeering activity" means engaging in at least two (2) incidents of racketeering conduct that have the same or similar intents, results, accomplices, victims or methods of commission, or otherwise are interrelated by distinguishing characteristics and are not isolated incidents, provided at least one (1) of such incidents occurred after the effective date of this act and that the last of such incidents occurred within five (5) years after a prior incident of racketeering conduct.

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TITLE  18  CRIMES AND PUNISHMENTS
CHAPTER 83   SEXUAL OFFENDER REGISTRATION NOTIFICATION AND
                           COMMUNITY RIGHT-TO-KNOW ACT

   18-8304. APPLICATION OF CHAPTER.
(1) The provisions of this chapter shall
apply to any person who:

   (a)  On or after July 1, 1993, is convicted of the crime, or an attempt, a
   solicitation, or a conspiracy to commit a crime provided for in section
   18-909 (assault with attempt to commit rape, infamous crime against
   nature, or lewd and lascivious conduct with a minor, but excluding mayhem,
   murder or robbery), 18-911 (battery with attempt to commit rape, infamous
   crime against nature, or lewd and lascivious conduct with a minor, but
   excluding mayhem, murder or robbery), 18-1506 (sexual abuse of a child
   under sixteen years of age), 18-1506A (ritualized abuse of a child),
   18-1507 (sexual exploitation of a child), 18-1507A (possession of sexually
   exploitative material for other than a commercial purpose), 18-1508 (lewd
   conduct with a minor child), 18-1508A (sexual battery of a minor child
   sixteen or seventeen years of age), 18-1509A (enticing a child over the
   internet), 18-4003(d) (murder committed in perpetration of rape),
18-4116
   (indecent exposure, but excluding a misdemeanor conviction)
, 18-4502
   (first degree kidnapping committed for the purpose of rape, committing the
   infamous crime against nature or for committing any lewd and lascivious
   act upon any child under the age of sixteen, or for purposes of sexual
   gratification or arousal), 18-4503 (second degree kidnapping where the
   victim is an unrelated minor child), 18-6101 (rape, but excluding
   18-6101(1) where the defendant is eighteen years of age or younger),
   18-6108 (male rape), 18-6110 (sexual contact with a prisoner), 18-6602
   (incest), 18-6605 (crime against nature), 18-6608 (forcible sexual
   penetration by use of a foreign object), or upon a second or subsequent
   conviction under 18-6609, Idaho Code (video voyeurism).

   (b)  On or after July 1, 1993, has been convicted of any crime, an
   attempt, a solicitation or a conspiracy to commit a crime in another
   state, territory, commonwealth, or other jurisdiction of the United
   States, including tribal courts and military courts, that is substantially
   equivalent to the offenses listed in subsection (1)(a) of this section and
   enters the state to establish permanent or temporary residence.

   (c)  Has been convicted of any crime, an attempt, a solicitation or a
   conspiracy to commit a crime in another state, territory, commonwealth, or
   other jurisdiction of the United States, including tribal courts and
   military courts, that is substantially equivalent to the offenses listed
   in subsection (1)(a) of this section and was required to register as a sex
   offender in any other state or jurisdiction when he established permanent
   or temporary residency in Idaho.

   (d)  Pleads guilty to or has been found guilty of a crime covered in this
   chapter prior to July 1, 1993, and the person, as a result of the offense,
   is incarcerated in a county jail facility or a penal facility or is under
   probation or parole supervision, on or after July 1, 1993.

   (e)  Is a nonresident regularly employed or working in Idaho or is a
   student in the state of Idaho and was convicted, found guilty or pleaded
   guilty to a crime covered by this chapter and, as a result of such
   conviction, finding or plea, is required to register in his state of
   residence.

   (2)  The provisions of this chapter shall not apply to any such person
while the person is incarcerated in a correctional institution of the
department of correction, a county jail facility or committed to a mental
health institution of the department of health and welfare.

   (3)  A conviction for purposes of this chapter means that the person has
pled guilty or has been found guilty, notwithstanding the form of the judgment
or withheld judgment.

 


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