Idaho Legislature — VOTE NO on H0493 - Commercial sexual activity, penalty (Posted: 01/21/26, updated 01/28/26)

• Link: legislature.idaho.gov/s…

• See bill link above for current status and committee assignment

• See Idaho Insider for links where you can send group emails based on current status and committee assignment: gemstatechronicle.com/l…

Summary (ai assisted)

H0493 amends Section 18-5614, Idaho Code, to make soliciting commercial sexual activity felony, even for a first offense, for any offender age 21 or older.

• Mandatory minimum sentence: six months' incarceration.

• Allows up to to three years of imprisonment plus a $10,000 fine.

NOTE: H0493 is similar to H0088 (2025; passed House 50-19-1, stalled in Senate): legislature.idaho.gov/s…

Current 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.

• Scope limited to voluntary sexual activity involving adults.

• Misdemeanor first offense carries mandatory 5-day minimum incarceration.

• Related crimes involving force, trafficking, or minors are automatically classified as felonies.

Other impacts:

• Minimal fiscal impact.

• No contradictions identified with US Constitution or Idaho Constitution.

Reason for Recommendation

🆕 ED NOTE

On 01/28/26, Rep. Bruce Skaug kindly wrote the following in response to our letter to the House: “This bill punishes the buyer of sex. It does not punish the prostitute.” 

We greatly appreciate his setting us straight on what “solicit” means. Our goof, our misunderstanding. 

While our original example no longer applies, we still believe the bill goes too far in treating first-offense solicitation as a felony and limiting the ability of judges to consider extenuating circumstances by imposing mandatory sentences.

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While we don’t condone commercial sexual activity, this bill goes too far.

First offenses for voluntary commercial adult sexual solicitation should not be treated as felonies and should not have such harsh mandatory sentences.

Judges must be able to exercise careful discernment – especially for first offenses – and be able to consider extenuating circumstances. Making the current mandatory sentence for a misdemeanor first-offense into a new felony mandatory sentence is excessive.

Example: A homeless woman could be so desperate for food, shelter, or even a ride back home to her family that she may have no other option than to solicit sex. This circumstance should not turn her into a felon, with all the repercussions that a felony conviction incurs such as inability to hold most jobs.

Please vote NO.

Related

• House Bill 493 — Commercial sexual activity, penalty (-1). By Idaho Freedom Foundation: tinyurl.com/3s5vdw83

• Idaho Legislature 2026 Bills to Support or Oppose: tinyurl.com/yc2jpkeh