Idaho Code
Idaho Code § 18-1507 (2026)
definitions — Sexual exploitation of a child — penalties.
✓ current as of May 2026
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definitions — Sexual exploitation of a child — penalties.
(1) As used in this section, unless the context otherwise requires:
(a) "Bestiality" means a sexual connection in any manner between a human being and any animal.
(b) "Child" means a person who is less than eighteen (18) years of age.
(c) "Erotic fondling" means touching a person’s clothed or unclothed genitals or pubic area, developing or undeveloped genitals or pubic area (if the person is a child), buttocks, breasts (if the person is a female), or developing or undeveloped breast area (if the person is a female child), for the purpose of real or simulated overt sexual gratification or stimulation of one (1) or more of the persons involved. Erotic fondling shall not be construed to include physical contact, even if affectionate, that is not for the purpose of real or simulated overt sexual gratification or stimulation of one (1) or more of the persons involved.
(d) "Erotic nudity" means the display of the human male or female genitals or pubic area, the undeveloped or developing genitals or pubic area of the human male or female child, the human female breasts, or the undeveloped or developing breast area of the human female child, for the purpose of real or simulated overt sexual gratification or stimulation of one (1) or more of the persons involved.
(e) "Explicit sexual conduct" means sexual intercourse, erotic fondling, erotic nudity, masturbation, sadomasochism, sexual excitement, or bestiality.
(f) "Identifiable child:"
(i) Means a person:
1. Who was a child at the time the visual material was created, adapted, or modified or whose image as a child was used in creating, adapting, or modifying the visual material; and
2. Who is recognizable as an actual person by the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature; and
(ii) Shall not be construed to require proof of the actual identity of the identifiable child.
(g) "Law enforcement officer" means any court personnel, sheriff, constable, peace officer, state police officer, correctional officer, probation officer, parole officer, prosecuting attorney, or attorney general, or their employees.
(h) "Masturbation" means the real or simulated touching, rubbing, or otherwise stimulating of a person’s own clothed or unclothed genitals or pubic area, developing or undeveloped genitals or pubic area (if the person is a child), buttocks, breasts (if the person is a female), or developing or undeveloped breast area (if the person is a female child), by manual manipulation or self-induced or with an artificial instrument, for the purpose of real or simulated overt sexual gratification or arousal of the person.
(i) "Sadomasochism" means:
(i) Real or simulated flagellation or torture for the purpose of real or simulated sexual stimulation or gratification; or
(ii) The real or simulated condition of being fettered, bound, or otherwise physically restrained for sexual stimulation or gratification of a person.
(j) "Sexual excitement" means the real or simulated condition of human male or female genitals when in a state of real or simulated overt sexual stimulation or arousal.
(k) "Sexual intercourse" means real or simulated intercourse, whether genital-genital, oral-genital, anal-genital, or oral-anal, between persons of the same or opposite sex, or between a human and an animal, or with an artificial genital.
(l) "Sexually exploitative material" means any image, photograph, motion picture, video, print, negative, slide, or other mechanically, electronically, digitally or chemically produced or reproduced or computer-generated visual material where such visual material:
(i) Shows a child engaged in, participating in, observing, or being used for explicit sexual conduct, or showing a child 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; or
(ii) Has been created, adapted, or modified to appear that an identifiable child is engaging in, participating in, observing, or being used for explicit sexual conduct.
(2) A person commits sexual exploitation of a child if he knowingly and willfully:
(a) Possesses or accesses through any means, including but not limited to the internet, any sexually exploitative material; or
(b) Causes, induces or permits a child to engage in, or be used for, any explicit sexual conduct for the purpose of producing or making sexually exploitative material; or
(c) Promotes, prepares, publishes, produces, makes, finances, offers, exhibits or advertises any sexually exploitative material; or
(d) Distributes through any means, including but not limited to mail, physical delivery or exchange, use of a computer or any other electronic or digital method, any sexually exploitative material. Distribution of sexually exploitative material does not require a pecuniary transaction or exchange of interests in order to complete the offense.
(3) The sexual exploitation of a child pursuant to subsection (2)(a) of this section is a felony and shall be punishable by imprisonment in the state prison for a period not to exceed ten (10) years or by a fine not to exceed ten thousand dollars ($10,000), or by both such imprisonment and fine.
(4) The sexual exploitation of a child pursuant to subsection (2)(b), (c), and (d) of this section is a felony and shall be punishable by imprisonment in the state prison for a term not to exceed thirty (30) years or by a fine not to exceed fifty thousand dollars ($50,000), or by both such fine and imprisonment.
(5) Notwithstanding any other provisions of this section, a person eighteen (18) years of age or older who is found to be in knowing and willful possession of content created and distributed under circumstances defined in section 18-1507A(1) or (2), Idaho Code, is guilty of a misdemeanor provided that:
(a) The minor depicted in the content distributed the content in such a way that the minor intended the person found to be in possession to receive it;
(b) The minor depicted in the content is not greater than three (3) years younger than the person found to be in possession; and
(c) The person found to be in possession of the content did not use coercion, manipulation or fraud to obtain possession of the content.
(6) Subsection (2)(a), (c), and (d) of this section shall not be construed to impose criminal or civil liability on law enforcement officers acting in good faith and in the course and scope of their official duties.
(7) If any provision of this section or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this section that can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable.
Notes of Decisions
Cited in 110
cases (18 in the last 5 years), 1987–2026 · leading case: State v. Claiborne, 818 P.2d 285 (Idaho 1991).
State v. Claiborne, 818 P.2d 285 (Idaho 1991). “Idaho Code § 18 -1507A, the provision prohibiting the possession of such material, states, in its entirety: Possession of sexually exploitative material for other than a commercial purpose Penalty. (1) It is the policy of the legislature in enacting this section to protect…”
State v. Flegel, 261 P.3d 519 (Idaho 2011). “xteen (16) years, 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, or who shall involve a minor or child in…”
State v. Kilby, 947 P.2d 420 (Idaho Ct. App. 1997). “I.C. § 18-1507, -1507A. Kilby was also found guilty by a jury of two counts of sexual abuse of a minor, I.”
Downing v. State, 33 P.3d 841 (Idaho Ct. App. 2001). “mber thereof of a minor child under the age of sixteen (16) years, 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…”
State v. Gillespie- Sexually exploitative, 316 P.3d 126 (Idaho Ct. App. 2013). “Idaho Code § 18-1507 (2)(k) was amended and is now designated I.”
Marsh v. People, 389 P.3d 100 (Colo. 2017). “071 (5)(a) (West 2016) (“knowingly possess, control, or intentionally view”); Idaho Code Ann. § 18-1507 (2)(a) (West 2016) (“[possesses or accesses”); Ky.”
Wolf v. State, 266 P.3d 1169 (Idaho Ct. App. 2011). “§ 18-1509A, and possession of sexually exploitative material, I.C. §§ 18-1507 and 18-1507A. Wolf pled guilty to both counts pursuant to a plea agreement.”
State v. Robert Benjamin Brackett, 377 P.3d 1082 (Idaho Ct. App. 2016). “§ 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. Biggs, 480 P.3d 150 (Idaho Ct. App. 2020). “§ 18-1508, and nine counts of sexual exploitation of a child, I.C. § 18-1507(2)(d). In exchange for his guilty pleas, the State dismissed eleven additional counts of sexual exploitation of a child and three counts of sexual abuse.”
Osborne v. Ohio, 495 U.S. 103 (1990). “§ 16-12-100 (1989); Idaho Code § 18-1507 (1987); Ill. Rev. Stat.”
State v. Folk, 256 P.3d 735 (Idaho 2011). “ixteen (10) years, 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, or who shall involve a minor or child in…”
Steed v. Grand Teton Council of the Boy Scouts of Am., Inc., 172 P.3d 1123 (Idaho 2007). “They are: (1) lewd conduct as defined in Idaho Code § 18-1508 ; (2) sexual abuse of a child as defined in Idaho Code § 18-1506 ; (3) sexual exploitation of a child as defined in Idaho Code § 18-1507 ; and (4) injury to a child as defined in Idaho Code § 18-1501 .”
— Idaho Code § 18-1507(1) — 1 case
State v. Weimer, 988 P.2d 216 (Idaho Ct. App. 1999).
— Idaho Code § 18-1507(1)(b) — 1 case
Joshua v. Hauser v. State (Idaho Ct. App. 2015).
— Idaho Code § 18-1507(1)(d) — 1 case
State v. Keith Phillip Sigler (Idaho Ct. App. 2013).
— Idaho Code § 18-1507(1)(e) — 2 cases
State v. Smith (Idaho Ct. App. 2024).
State v. Keith Phillip Sigler (Idaho Ct. App. 2013).
— Idaho Code § 18-1507(1)(j) — 2 cases
State v. Smith (Idaho Ct. App. 2024).
State v. Keith Phillip Sigler (Idaho Ct. App. 2013).
— Idaho Code § 18-1507(2) — 2 cases
State v. McGrath, 501 P.3d 346 (Idaho 2021).
Brandon Savage v. State (Idaho Ct. App. 2018).
— Idaho Code § 18-1507(2)(1) — 1 case
State v. Jennifer Nicole Magill (Idaho Ct. App. 2016).
— Idaho Code § 18-1507(2)(A) — 1 case
State v. Shaun Patrick Conley (Idaho Ct. App. 2014).
— Idaho Code § 18-1507(2)(a) — 16 cases
State v. Granger, 508 P.3d 335 (Idaho Ct. App. 2022).
State v. Smith, 569 P.3d 137 (Idaho 2025).
State v. Michael Paul Magill (Idaho Ct. App. 2016).
State v. Steven John Kearl (Idaho Ct. App. 2017).
State v. Conley (Idaho Ct. App. 2018).
— Idaho Code § 18-1507(2)(b) — 3 cases
State v. Morton, 91 P.3d 1139 (Idaho 2004).
Hollis v. State, 551 P.3d 1262 (Idaho 2024).
State v. Hollis (Idaho Ct. App. 2020).
— Idaho Code § 18-1507(2)(c) — 1 case
State v. Smith (Idaho 2026).
— Idaho Code § 18-1507(2)(d) — 2 cases
State v. Biggs, 480 P.3d 150 (Idaho Ct. App. 2020). “§ 18-1508, and nine counts of sexual exploitation of a child, I.C. § 18-1507(2)(d). In exchange for his guilty pleas, the State dismissed eleven additional counts of sexual exploitation of a child and three counts of sexual abuse.”
State v. Moore (Idaho Ct. App. 2019).
— Idaho Code § 18-1507(2)(e) — 2 cases
State v. Morton, 91 P.3d 1139 (Idaho 2004).
State v. Weimer, 988 P.2d 216 (Idaho Ct. App. 1999).
— Idaho Code § 18-1507(2)(f) — 2 cases
State v. Weimer, 988 P.2d 216 (Idaho Ct. App. 1999).
State v. Morton, 91 P.3d 1139 (Idaho 2004).
— Idaho Code § 18-1507(2)(j) — 1 case
State v. Claiborne, 818 P.2d 285 (Idaho 1991). “Idaho Code § 18 -1507A, the provision prohibiting the possession of such material, states, in its entirety: Possession of sexually exploitative material for other than a commercial purpose Penalty. (1) It is the policy of the legislature in enacting this section to protect…”
— Idaho Code § 18-1507(2)(k) — 5 cases
State v. Gillespie- Sexually exploitative, 316 P.3d 126 (Idaho Ct. App. 2013). “Idaho Code § 18-1507 (2)(k) was amended and is now designated I.”
State v. Weimer, 988 P.2d 216 (Idaho Ct. App. 1999).
State v. Morton, 91 P.3d 1139 (Idaho 2004).
State v. Gillespie- Sexually exploitative (Idaho Ct. App. 2013).
State v. Smitherman (Idaho Ct. App. 2025).
— Idaho Code § 18-1507(3) — 2 cases
Brandon Savage v. State (Idaho Ct. App. 2018).
State v. Harris (Idaho Ct. App. 2020).
— Idaho Code § 18-1507(a) — 1 case
State v. Harris (Idaho Ct. App. 2026).
— Idaho Code § 18-1507(j) — 1 case
State v. Gillespie- Sexually exploitative (Idaho Ct. App. 2013).
— Idaho Code § 18-1507(k) — 1 case
State v. Gillespie- Sexually exploitative (Idaho Ct. App. 2013).
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