Idaho Code
Idaho Code § 18-5613 (2026)
providing commercial sexual activity.
✓ current as of May 2026
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providing commercial sexual activity.
(1) A person is guilty of providing commercial sexual activity when such person:
(a) Engages in, offers to engage in, or agrees to engage in sexual contact in return for a fee; or
(b) Loiters in or within view of any public place for the purpose of being hired to engage in sexual contact.
(2) Providing commercial sexual activity shall be a misdemeanor, provided, however, that on a third or subsequent conviction for commercial sexual activity, it shall be a felony. For purposes of this subsection, a prior conviction for prostitution counts as a conviction for providing commercial sexual activity.
(3) It shall be an affirmative defense to providing commercial sexual activity that the defendant was at the time of the alleged crime the victim of conduct prohibited by section 18-8607, Idaho Code.
(4) Notwithstanding the provisions of subsections (1) and (2) of this section, the provisions of this section do not apply to a child who is alleged to have engaged in conduct that would, if committed by an adult, violate the provisions of this section. A commercially sexually exploited child under this subsection may be taken into shelter care by a peace officer pursuant to section 16-1608, Idaho Code, if the conditions allowing emergency removal are met.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 1977–2023 · leading case: State v. Lopez, 570 P.2d 259 (Idaho 1977).
State v. Lopez, 570 P.2d 259 (Idaho 1977). “Lopez challenges the judgment of conviction entered against her upon two grounds: (1) that I.C. § 18-5613, [1] the section of the criminal code under which she was convicted, is unconstitutionally vague; and (2) that the criminal complaint under which she was charged, prosecuted…”
State v. Stuart, 715 P.2d 833 (Idaho 1986). “However, contrary to the position of the State, there is no longer in Idaho a traditional definition of prostitution since I.C. § 18-5613 clearly reflects a legislative attempt to redefine prostitution more expansively with application to male as well as female and to also…”
State v. Grazian, 164 P.3d 790 (Idaho 2007). “The prostitution statute in I.C. § 18-5613 can be combined with the general solicitation statute in I.”
Crane Creek Country Club v. City of Boise, 826 P.2d 446 (Idaho 1992). “Thus, we find it unnecessary to consider whether I.C. § 18-5613 is unconstitutionally vague and express no opinion on that question.”
Ding, 27 I. & N. Dec. 295 (2018). “§ 712-1200 (1) (1994); Idaho Code § 18-5613 (1) (1994); Iowa Code § 725.”
State v. Hawley (Idaho Ct. App. 2023). “§ 54- 1732(3)(c); and prostitution, I.C. § 18-5613. The case proceeded to a jury trial.”
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