Bill > S1232

This bill establishes the "Idaho Son of Sam Law" to ensure that victims of crime can recover restitution or damages from money or property that offenders earn due to the publicity of their crimes, without regulating speech itself. It repeals an existing law and creates a new chapter that defines "crime" as a felony or misdemeanor conviction, "exploitation" as knowingly and commercially deriving financial gain where criminal notoriety is a substantial contributing factor, and "proceeds" as any money or value received by an offender from the notoriety of a crime. Under this new law, any entity paying an offender for work that exploits criminal notoriety must send the payment to the Idaho state treasurer, who will hold it in an interest-bearing escrow account for five years, during which victims can file lawsuits or use restitution orders to claim funds. The attorney general will notify victims of these deposits, and if a victim wins a judgment, they will be paid from the escrow account, with any remaining funds after five years and all valid claims being returned to the offender. The law includes exceptions for payments for legal services, brief mentions in works of art or fiction, regular wages unrelated to the crime, money earned before the crime, and news or documentary works primarily for informing or educating where the offender is paid normal interview fees. It explicitly states that the law applies only to money made from crime publicity, not the content of expression, and will be narrowly construed to comply with free speech protections. Penalties for failing to submit proceeds as required include civil penalties of up to three times the amount withheld, plus attorney's fees. The bill also declares an emergency and sets an effective date of July 1, 2026.

Justice

Judiciary and Rules Committee (Senate)

https://legislature.idaho.gov/sessioninfo/2026/legislation/S1232/