Idaho Code
Idaho Code § 18-1505B (2026)
Sexual abuse and exploitation of a vulnerable adult.
✓ current as of May 2026
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Sexual abuse and exploitation of a vulnerable adult.
(1) It is a felony for any person, with the intent of arousing, appealing to or gratifying the lust, passion or sexual desires of such person, a vulnerable adult or a third party, to:
(a) Commit any lewd or lascivious act or acts upon or with the body or any part or member thereof of a vulnerable adult including, but not limited to: genital-genital contact, oral-genital contact, anal-genital contact, oral-anal contact, manual-anal contact or manual-genital contact, whether between persons of the same or opposite sex;
(b) Involve a vulnerable adult in any act of bestiality or sadomasochism as defined in section 18-1507, Idaho Code; or
(c) Cause or have sexual contact with a vulnerable adult, not amounting to lewd conduct as defined in paragraph (a) of this subsection.
(2) For the purposes of this section:
(a) "Commercial purpose" means the intention, objective, anticipation or expectation of monetary gain or other material consideration, compensation, remuneration or profit.
(b) "Sexual contact" means any physical contact between a vulnerable adult and any person or between vulnerable adults, which is caused by the actor, or the actor causing the vulnerable adult to have self-contact;
(c) "Sexually exploitative material" means any image, photograph, motion picture, video, print, negative, slide or other mechanically, electronically, digitally or chemically produced or reproduced visual material that shows a vulnerable adult engaged in, participating in, observing or being used for explicit sexual conduct, or showing a vulnerable adult engaging in, participating in, observing or being used for explicit sexual conduct, in actual time, including, but not limited to, video chat, webcam sessions or video calling; and
(d) "Vulnerable adult" is as defined in section 18-1505, Idaho Code.
(3) Sexual abuse of a vulnerable adult is a felony and shall be punishable by imprisonment in the state prison for a period not to exceed twenty-five (25) years or by a fine not to exceed twenty-five thousand dollars ($25,000), or by both such fine and imprisonment.
(4) It shall be a felony for any person to commit sexual exploitation of a vulnerable adult if, for any commercial purpose, he knowingly:
(a) Causes, induces or permits a vulnerable adult to engage in or be used in any explicit sexual conduct as defined in section 18-1507, Idaho Code; or
(b) Prepares, arranges for, publishes, produces, promotes, makes, sells, finances, offers, exhibits, advertises, deals in, possesses or distributes sexually exploitative material.
(5) 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.
(6) Sexual exploitation of a vulnerable adult shall be punishable by imprisonment in the state prison for a period not to exceed fifteen (15) years or by a fine not to exceed twenty-five thousand dollars ($25,000), or by both such fine and imprisonment.
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 2011–2024 · leading case: State v. Flegel, 261 P.3d 519 (Idaho 2011).
State v. Flegel, 261 P.3d 519 (Idaho 2011). “[2] A number of Idaho statutes employ the "not amounting to" language, including I.C. §§ 18-1505B, 18-1508A, 18-4006, 19-109, and 49-1406.”
State v. David Aaron Knutsen, 345 P.3d 989 (Idaho 2015). “Did the District Court Err in Holding that Idaho Code Section 18-1505B Is Not Unconstitutionally Vague? Prior to the trial, Defendant filed a motion to dismiss the indictment on the ground that Idaho Code section 18-1505B was unconstitutionally vague, both on its face and as…”
State v. Hamlin - Sexual abuse, 324 P.3d 1006 (Idaho Ct. App. 2014). “Competency It was apparent early in the pretrial process that Hamlin might not be competent to stand trial because he is mentally retarded.”
State v. Robert Benjamin Brackett, 377 P.3d 1082 (Idaho Ct. App. 2016). “Rule 16(m) provides: (1) Any property or material that constitutes or is alleged to constitute sexually exploitative material as defined in I.C. § 18-1505B or I.C. § 18-1507 shall remain in the care[,] custody, and control of either the court or a law enforcement agency.”
State v. Spencer (Idaho Ct. App. 2024). “Is a Vulnerable Adult Under I.C. § 18-1505B Spencer argues L.R. is not a vulnerable adult because L.”
State v. Robert Benjamin Brackett (Idaho Ct. App. 2016). “Rule 16(m) provides: (1) Any property or material that constitutes or is alleged to constitute sexually exploitative material as defined in I.C. § 18-1505B or I.C. § 18-1507 shall remain in the care[,] custody, and control of either the court or a law enforcement agency.”
State v. Smalley (Idaho Ct. App. 2018). “On appeal, the defendant argued that I.C. § 18-1505B was unconstitutionally overbroad because it interfered with his right of association.”
Idaho Code § 18-1505B(1)(c): 1 case
State v. Flegel, 261 P.3d 519 (Idaho 2011). “[2] A number of Idaho statutes employ the "not amounting to" language, including I.C. §§ 18-1505B, 18-1508A, 18-4006, 19-109, and 49-1406.”
Idaho Code § 18-1505B(2)(d): 1 case
State v. David Aaron Knutsen, 345 P.3d 989 (Idaho 2015). “Did the District Court Err in Holding that Idaho Code Section 18-1505B Is Not Unconstitutionally Vague? Prior to the trial, Defendant filed a motion to dismiss the indictment on the ground that Idaho Code section 18-1505B was unconstitutionally vague, both on its face and as…”
Idaho Code § 18-1505B(l)(c): 1 case
State v. Flegel, 261 P.3d 519 (Idaho 2011). “[2] A number of Idaho statutes employ the "not amounting to" language, including I.C. §§ 18-1505B, 18-1508A, 18-4006, 19-109, and 49-1406.”
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