Idaho Code
Idaho Code

Idaho Code § 18-1507A (2026)

Sexual exploitation of a child by electronic means. 

✓ current as of May 2026
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Sexual exploitation of a child by electronic means. 

(1) A minor child who, without being induced by coercion, manipulation or fraud, creates or causes to be created any photographic, electronic or video content of said minor child that would be characterized under any of the classifications defined in section 18-1507(1), Idaho Code, and knowingly and willfully distributes it to another person or persons through electronic or other means or causes it to appear in a form where the distributing minor has reason to believe another will view it is guilty of a misdemeanor provided that the image was communicated in a form that there was a single recipient.

(2)  A minor child who, without being induced by coercion, manipulation or fraud, creates or causes to be created any photographic, electronic or video content of said minor child that would be characterized under any of the classifications defined in section 18-1507(1), Idaho Code, and knowingly and willfully distributes it in such a way and through such a medium that the minor intended or had reason to believe that multiple parties would receive or have access to the image:
(a)  Is guilty of a misdemeanor on the first adjudicated offense; and
(b)  Is guilty of a felony on the second or subsequent adjudicated offense.
(3)  A minor who is found to be in knowing and willful possession of the content created and sent as described in subsection (1) or (2) of this section is guilty of a misdemeanor if the content depicts a minor who is not greater than three (3) years younger than the minor who is found to be in possession. A minor who is found to be in knowing and willful possession of content described in this subsection that depicts a minor greater than three (3) years younger than themselves is guilty of a violation of section 18-1507(2)(a), Idaho Code.
(4)  A minor who is found to be in possession of content described in subsection (1) or (2) of this section who knowingly and willfully transmits or displays the image to one (1) or more third parties:
(a)  Is guilty of a misdemeanor on the first adjudicated offense; and
(b)  Is guilty of a felony on any second or subsequent adjudicated offense.
(5)  A minor who receives content under circumstances described in subsection (1) or (2) of this section and distributes or threatens to distribute the image for the purposes of coercing any action, causing any embarrassment or otherwise controlling or manipulating the sender is guilty of a felony.
(6)  A minor who receives content under circumstances described in subsection (1) or (2) of this section and distributes the image to a parent, guardian, one having custody of the minor or a law enforcement official for the purpose of reporting the activity is not guilty of a crime under the provisions of this section.
(7)  Proceedings for a violation of the provisions of this section shall fall under the jurisdiction of the juvenile corrections act pursuant to section 20-505(1), Idaho Code.
Notes of Decisions
Cited in 28 cases (3 in the last 5 years), 1991–2026 · leading case: State v. Kilby, 947 P.2d 420 (Idaho Ct. App. 1997).
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State v. Kilby, 947 P.2d 420 (Idaho Ct. App. 1997). · cites it 4× “Kilby was indicted on counts III and IV under I.C. § 18-1507A. Idaho Code Section 18-1507A criminalizes possession of the same material as defined under I.”
State v. Claiborne, 818 P.2d 285 (Idaho 1991). · cites it 8× “The remaining three counts charged him with possession of sexually exploitative material in violation of I.C. § 18-1507A. The defendant filed a Motion to Suppress, which sought to suppress the fruits of the searches, specifically naming, among other materials, The Ugly Duckling.”
State v. Robert Benjamin Brackett, 377 P.3d 1082 (Idaho Ct. App. 2016). · cites it 2× “Brack-ett was charged with eight counts of possession of sexually exploitive materials, I.C. § 18-1507A, and eight counts of sexual battery on a minor child of sixteen or seventeen, I.”
Hughes v. State, 224 P.3d 515 (Idaho Ct. App. 2009). · cites it 2× “§ 18-1515(l)(a), and two counts of possession of sexually exploitive materials, I.C. § 18-1507A, with the State agreeing to dismiss the remaining counts.”
State v. Weimer, 988 P.2d 216 (Idaho Ct. App. 1999). · cites it 8× “Officer Murphy’s descriptions of the photographs themselves were sufficient to provide probable cause that Weimer possessed photographs in violation of I.C. § 18-1507A The subjects of the photographs were young teenage girls wearing lingerie and, in one photograph, the vaginal…”
State v. Morton, 91 P.3d 1139 (Idaho 2004). · cites it 16× “Morton was charged by Information on January 14, 2003, for the crime of Possession of Sexually Exploitative Material For Other Than A Commercial Purpose under I.C. §§ 18-1507A & 18-1507. On March 4, 2003, the district court held oral arguments on the defendant’s Motion to…”
State v. Gillespie- Sexually exploitative, 316 P.3d 126 (Idaho Ct. App. 2013). · cites it 6× “Gillespie Was Properly Charged and Sentenced for Two Crimes of Possession Having held that the issue was not waived, we must determine whether, as Gillespie contends, he has been subjected to two sentences for a single violation of I.C. § 18-1507A. Whether Gillespie’s conduct in…”
State v. Wilson, 894 P.2d 159 (Idaho Ct. App. 1995). · cites it 2× “§ 18-1508, and one count of possession of material sexually exploiting a child under the age of eighteen, I.C. § 18-1507A. This latter charge was subsequently dismissed when no sexually exploitative material was found after a search of Wilson’s residence.”
State v. Kevin Christian Overline, 296 P.3d 420 (Idaho Ct. App. 2012). · cites it 2× “§ 18-1506, and possession of sexually exploitative material, I.C. § 18-1507A, 1 for acts committed against his girlfriend’s ten-year-old daughter.”
State v. Ewell, 205 P.3d 680 (Idaho Ct. App. 2009). · cites it 2× “Ewell was arrested and charged with six counts of possession of sexually exploitative material, I.C. § 18-1507A, with a sentence enhancement for being a repeat sexual offender, I.”
State v. Davis, 451 P.3d 422 (Idaho 2019). · cites it 2× “1 Davis was required to register as a sex offender because he pleaded guilty to the offense of Possession of Sexually Exploitative Material in violation of I.C. § 18-1507A in 2003. 2 Davis timely appealed both cases, alleging that various errors occurred during his trials and…”
Peterson v. Gunderson, 516 P.3d 1095 (Idaho Ct. App. 2022). · cites it 24× “After several communications between Peterson and the Sheriff in which Peterson disputed the Sheriff’s denial, Peterson received a copy of an August 2020 letter from the Shoshone County Chief Deputy Prosecuting Attorney providing a legal opinion to the Sheriff regarding “firearm…”
Show all 28 citing cases →
— Idaho Code § 18-1507A(1) — 1 case
State v. Morton, 91 P.3d 1139 (Idaho 2004). “Morton was charged by Information on January 14, 2003, for the crime of Possession of Sexually Exploitative Material For Other Than A Commercial Purpose under I.C. §§ 18-1507A & 18-1507. On March 4, 2003, the district court held oral arguments on the defendant’s Motion to…”
— Idaho Code § 18-1507A(2) — 4 cases
State v. Morton, 91 P.3d 1139 (Idaho 2004). “Morton was charged by Information on January 14, 2003, for the crime of Possession of Sexually Exploitative Material For Other Than A Commercial Purpose under I.C. §§ 18-1507A & 18-1507. On March 4, 2003, the district court held oral arguments on the defendant’s Motion to…”
State v. Gillespie- Sexually exploitative, 316 P.3d 126 (Idaho Ct. App. 2013). “Gillespie Was Properly Charged and Sentenced for Two Crimes of Possession Having held that the issue was not waived, we must determine whether, as Gillespie contends, he has been subjected to two sentences for a single violation of I.C. § 18-1507A. Whether Gillespie’s conduct in…”
State v. Gillespie- Sexually exploitative (Idaho Ct. App. 2013).
Joshua v. Hauser v. State (Idaho Ct. App. 2015).
— Idaho Code § 18-1507A(4) — 1 case
State of Idaho v. Mariah Bryann Rodriguez (Idaho Ct. App. 2026).
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