Bill Description: House Bill 493 would make a first offense of soliciting commercial sexual activity a felony rather than a misdemeanor and apply a mandatory minimum sentence of incarceration.

NOTE: House Bill 493 is similar to House Bill 88, introduced in the 2025 Legislative Session.

Rating: -1

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.

The scope of the offense defined in this statute is limited to voluntary sexual activity involving adults, and the current misdemeanor first offense carries a mandated 5-day minimum period of incarceration. Related crimes involving force, trafficking, or minors are automatically classified as felonies. 

House Bill 493 would amend Section 18-5614, Idaho Code, to make this offense a felony, even for a first offense, for any offender age 21 or older.

The bill would also create a mandatory minimum sentence of six months' incarceration and allow for up to three years of imprisonment plus a $10,000 fine. These are significantly harsher penalties than those for a misdemeanor, and they are excessive for an offense of this nature.

The fundamental problem with mandatory minimum sentencing laws is that it is possible for extenuating circumstances in a specific case to make a mandatory minimum sentence manifestly unjust. Mandatory minimum sentencing laws can subvert the notion of justice, which requires broad judicial discretion regarding sentencing.

(-1)