Bill > H0230

This bill establishes a new legal framework for civil actions related to indecent sexual exhibitions involving minors, grounded in an extensive legal and constitutional analysis of free speech protections. The bill allows minors to sue individuals or institutions that knowingly organize, host, or perform in live shows or performances involving sexual conduct that are deemed patently offensive by community standards, if reasonable steps were not taken to restrict minor access. If a minor prevails in such a lawsuit, they can recover $5,000 in statutory damages per violation, plus additional monetary damages for psychological, emotional, economic, and physical harm, as well as attorney's fees. The bill defines "sexual conduct" broadly, including simulated sexual acts, explicit depictions, and provocative dances, while providing some specific exceptions like school-sponsored athletic performances. Potential defendants can use certain affirmative defenses, such as having a contract prohibiting inappropriate performances, parental consent for older minors, or reasonable belief that the minor was an adult. The bill also allows the attorney general or county prosecutor to seek injunctive relief against potential violators. The underlying legislative findings emphasize protecting minors from potentially harmful sexual content while acknowledging the constitutional complexities of regulating expressive conduct.

Government Affairs

State Affairs Committee (H)

https://legislature.idaho.gov/sessioninfo/2025/legislation/H0230/