Senate approves amendment narrowing indecent-exposure gap after Nampa incident

The Idaho Senate passed House Bill 2 70 on March 24, a bill that expands the state’s indecent-exposure statute to address conduct sponsors described as previously outside prosecutorial reach.

Senator Taves, the sponsor who yielded time to the senator from District 4 for the opening, said the bill “fixes the glitch. It closes the loophole,” telling colleagues the measure responds to a Nampa incident in which people at a public park said adults with surgically or hormonally altered breasts exposed themselves. “Local law enforcement asked us for this…give us something we can use,” the sponsor said on the Senate floor.

Opponents raised constitutional and enforcement concerns. Senator Rudkey noted the existing “disturbing the peace” statute and warned that inserting new language about products resembling anatomical parts or items used in adult retail stores could lead to overbroad enforcement and empower the most conservative complainant to set community standards. Senator Wintrow argued the bill “targets and discriminates on certain people” and said it would be difficult to determine who is ‘‘altered’’ or “who is a man or a woman” for enforcement purposes.

Senator Lenny, closing in favor of the bill, said law enforcement and local prosecutors had requested clearer, enforceable code. After final debate the Senate secretary polled the chamber: the recorded vote showed 28 in favor, six opposed and one absent. With a majority voting in the affirmative, House Bill 2 70 passed the Senate and the title was approved; the bill will be returned to the House of Representatives.

Key points from floor debate included repeated sponsor assertions that the change is intended for public spaces and not to target consensual adult behavior in private or commercial adult venues, and repeated dissent stressing First Amendment and due-process concerns.

Votes at a glance: House Bill 2 70 — Passed Senate 28–6–1.