Bill Description: House Bill 88 would make a first offense of soliciting commercial sexual activity a felony rather than a misdemeanor. 

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Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for non-violent crimes? Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes?

Idaho law criminalizes soliciting commercial sexual activity from an adult, making it a misdemeanor for a first offense and a felony for a second or subsequent offense. House Bill 88 would amend Section 18-5614, Idaho Code, to make this offense a felony even for a first offense. 

Of note, this offense is limited to voluntary sexual activity involving adults, and even a misdemeanor first offense already carries a mandated period of incarceration. Any such crime involving force or a minor is automatically classified as a felony. 

A felony carries much harsher penalties than a misdemeanor and is an excessive classification for an offense of this nature.

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