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 […]
18-4102. AFFIRMATIVE DEFENSE. It is not innocent but calculated purveyance which is prohibited. This act shall not apply to any persons who may possess or distribute obscene matter or participate in conduct otherwise proscribed by this act when such possession, distribution, or conduct occurs: (A) within the scope of employment of law enforcement and judicial […]
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, […]
18-4103A. ADVERTISEMENT, PROMOTION OF SALE, ETC., OF MATTER REPRESENTED TO BE OBSCENE — PENALTY. Every person who writes, creates, or solicits the publication or distribution of advertising or other promotional material for, or who otherwise advertises or promotes the sale, distribution, or exhibition of matter represented or held out by him to be obscene, whether […]
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 […]
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; […]
18-4105A. REQUIRING PURCHASER OR CONSIGNEE TO RECEIVE OBSCENE MATTER AS CONDITION TO SALE, ETC. — PENALTY. Every person, who, knowingly, as a condition to a sale, allocation, consignment, or delivery for resale of any paper, magazine, book, periodical, publication or other merchandise, requires that the purchaser or consignee receive any matter reasonably believed by the […]
18-4106. DISTRIBUTION TO MINORS — LAW GOVERNING. Notwithstanding any of the provisions of this act, the distribution of obscene matter to minors shall be governed by sections 18-1513 to 18-1521, Idaho Code. History: [I.C., sec. 18-4106, as added by 1973, ch. 305, sec. 9, p. 655.]
18-4107. CONSPIRACY — PENALTY. A conspiracy of two (2) or more persons to commit any of the crimes proscribed by this act is punishable as a felony. Any court having jurisdiction of the conspiracy crime has concurrent jurisdiction to try all misdemeanor crimes committed in furtherance of the conspiracy. History: [I.C., sec. 18-4107, as added […]
18-4108. SPECIAL VERDICT. The jury, or the court if a jury trial is waived, shall render a general verdict, and must also render a special verdict as to whether the matter named in the charge is obscene. The special verdict or findings on the issue of obscenity may be: "We find the …. (title or […]
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 one thousand dollars ($1,000), or by imprisonment in the county jail for not more than six (6) months, or by both such fine […]
18-4110. EXPERT WITNESS TESTIMONY. In any prosecution for a violation of the provisions of this act, neither the prosecution nor the defense shall be required to introduce expert witness testimony concerning the obscene or harmful character of the matter which is the subject of any such prosecution. History: [I.C., sec. 18-4110, as added by 1973, […]
18-4111. SEARCH WARRANT FOR SEIZURE OF OBSCENE MATERIAL. (A) An affidavit for a search warrant shall be filed with the magistrate describing the matter sought to be seized in detail. Where practical, the matter alleged to be obscene shall be attached to the affidavit for search warrant so as to afford the magistrate the opportunity […]
18-4112. CONTRABAND. Destruction of obscene matter or advertisement of matter represented to be obscene: (A) Obscene matter and advertisements for matter represented to be obscene are contraband and shall be destroyed. (B) Upon the conviction of the accused or rendition of a court order declaring such matter to be contraband and subject to confiscation, the […]
18-4113. UNIFORM ENFORCEMENT — ABROGATION OF EXISTING ORDINANCES — FURTHER LOCAL ORDINANCES BANNED. In order to make the application and enforcement of this act uniform throughout the state, it is the intent of the legislature to preempt, to the exclusion of city and county governments, the regulation of the sale, loan, distribution, dissemination, presentation, or […]
18-4114. ENFORCEMENT BY INJUNCTION, ETC. The district courts of this state and the judges thereof shall have full power, authority, and jurisdiction, upon application by any county prosecutor or city attorney within their respective jurisdictions, or the attorney general, to issue any and all proper restraining orders, temporary and permanent injunctions, and any other writs […]
18-4115. PARTIAL INVALIDITY — SEVERABILITY. If any phrase, clause, sentence, section, or provision of this act or application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other phrase, clause, sentence, section, provision, or application of this act which can be given effect without the invalid phrase, clause, sentence, […]
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 […]
