Idaho Code
Idaho Code § 18-4116 (2026)
Indecent exposure.
✓ current as of May 2026
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Indecent exposure.
(1) A person is guilty of a misdemeanor if the person willfully and lewdly, either:
(a) Exposes his or her genitals; exposes developed female breasts, including the areola and nipple; exposes adult male breasts, including the areola and nipple, that have been medically or hormonally altered to appear like developing or developed female breasts; exposes artificial breasts, including the areola and nipple, intended to resemble female breasts; or displays toys or products intended to resemble male or female genitals in any public place or in any place where there is present another person or persons who are offended thereby; or
(b) Procures, counsels, or assists any person so to expose his or her genitals; to expose developed female breasts, including the areola and nipple; to expose adult male breasts, including the areola and nipple, that have been medically or hormonally altered to appear like developing or developed female breasts; to expose artificial breasts, including the areola and nipple, intended to resemble female breasts; or to display toys or products intended to resemble male or female genitals where there is present another person or persons who are offended thereby.
(2) Any person who pleads guilty to or is found guilty of a violation of subsection (1) of this section or a similar statute in another state or any local jurisdiction for a third time within five (5) years, notwithstanding the form of the judgment(s) or withheld judgment(s), is guilty of a felony and may be imprisoned in the state prison for a period not to exceed five (5) years.
(3) The provisions of this section shall not apply to the breastfeeding of a child or the expression of breast milk for the purpose of feeding a child.
Notes of Decisions
Cited in 10
cases (2 in the last 5 years), 2006–2026 · leading case: Mintun v. State, 168 P.3d 40 (Idaho Ct. App. 2007).
Mintun v. State, 168 P.3d 40 (Idaho Ct. App. 2007). “As Mintun has acknowledged, his behavior could have been charged as indecent exposure, I.C.§ 18-4116.”
State v. Glass, 190 P.3d 896 (Idaho Ct. App. 2008). “The state originally attempted to charge Glass with soliciting indecent exposure, Idaho Code § 18-4116 , as a violation under I.”
State v. Harvey, 129 P.3d 1276 (Idaho Ct. App. 2006). “§ 18-1506(l)(a), and one misdemeanor count of indecent exposure committed for willfully exposing his genitals to a minor, I.C. § 18-4116. A jury found Harvey guilty.”
State v. John Doe (Idaho Ct. App. 2026). “The State argues the plain 1 Idaho Code § 18-4116 was amended in 2025.”
State v. Staples (Idaho Ct. App. 2023). “The State charged Colin James Staples with indecent exposure under Idaho Code § 18-4116 . The State filed a motion in limine requesting that the district court find that Spokane Municipal Code § 10.”
State v. Glenn E. Wright (Idaho Ct. App. 2010). “See I.C. § 18-4116. Wright proceeded to trial and was found guilty by a jury on the underlying offense.”
State v. Darin Chadwick (Idaho Ct. App. 2016). “________________________________________________ Before GUTIERREZ, Judge; GRATTON, Judge; and HUSKEY, Judge ________________________________________________ PER CURIAM Darin Chadwick pled guilty to felony indecent exposure, Idaho Code § 18-4116 . The district court imposed a…”
State v. Howell (Idaho Ct. App. 2020). “________________________________________________ GRATTON, Judge The State appeals from the district court’s judgment reducing Tyler Anthony Howell’s conviction for felony sexual abuse of a child under the age of sixteen years, Idaho Code § 18 - 1506, to a conviction of…”
State v. Fred Julian McCleod (Idaho Ct. App. 2010). “Idaho Code § 18-4116 . The district court imposed a unified ten-year sentence with five-year determinate term, but after a period of retained jurisdiction, suspended the sentence and placed McLeod on probation for nine years.”
State v. Gaytan aka Gayton (Idaho Ct. App. 2013). “, there was no evidence that the participants’ genitals were exposed as required for violation of the indecent exposure statute, I.C. § 18-4116; that the two people were unmarried as is necessary for violation of the fornication statute, I.”
— Idaho Code § 18-4116(1) — 1 case
State v. John Doe (Idaho Ct. App. 2026). “The State argues the plain 1 Idaho Code § 18-4116 was amended in 2025.”
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