Bill Description: House Bill 270 would expand the definition of indecent exposure. 

Rating: +1

Does it promote the breakdown of the traditional family or the deconstruction of societal norms? Examples include promoting or incentivizing degeneracy, violating parental rights, and compromising the innocence of children. Conversely, does it protect or uphold the structure, tenets, and traditional values of Western society?

House Bill 270 would amend Section 18-4116, Idaho Code, to expand the crime of indecent exposure and to alter the circumstances under which it is considered a felony. 

Currently, indecent exposure is when someone "exposes his or her genitals, in any public place, or in any place where there is present another person or persons who are offended or annoyed thereby."

Under this bill, the definition of the crime would be expanded to include whenever a person "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." 

It would also be a crime if someone "procures, counsels, or assists" another person in doing any of the above. 

These definitions would apply "in any public place or in any place where there is present another person or persons who are offended thereby." 

Indecent exposure is currently a misdemeanor for a first offense and a felony for a second or subsequent offense within five years. Due to the expanded scope of the law, House Bill 270 shifts the felony enhancement to a third or subsequent offense within five years. 

The expanded definition of indecent exposure would have the benefit of protecting minors from being exposed to both real and simulated nudity in public places such as during "gay pride" parades.

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Does it give government any new, additional, or expanded power to prohibit, restrict, or regulate activities in the free market? Conversely, does it eliminate or reduce government intervention in the market?

Under current law, indecent exposure is limited to preventing offensive nudity, but under the expansions found in this law, the concept is broadened beyond the human body to include displaying sex toys or products in "any place where there is present another person or persons who are offended thereby." 

Preventing such acts is reasonable in public places and places where minors are present, but applying the highly subjective standard of being "offended" to "any place" could have unintended consequences. 

The expanded definitions in this bill could even apply to adults-only stores and venues that exist to serve customers seeking such activities or products, especially if someone chose to enter such an establishment with the express intention of becoming offended to create a pretext for enforcement.

It would be more appropriate to proactively exclude adults-only venues from the expanded prohibitions contained in this law. 

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