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Senate approves bill tightening indecent‑exposure law after debate on scope and enforcement
Summary
House Bill 2‑70 passed the Idaho Senate 28‑6 after lawmakers debated whether the update to the state’s indecent‑exposure statute would close an enforcement loophole and whether it could have unintended consequences for public speech and private businesses.
The Idaho Senate approved House Bill 2‑70, a rewrite of the state’s indecent‑exposure provisions, on a 28‑6 vote. Sponsors said the changes close a gap that prosecutors told them existed; opponents said the language risks criminalizing legally protected expression or giving law enforcement overly broad discretion.
Senator Taves opened the discussion and yielded to Senator Saralini for much of the sponsor presentation. Saralini said the bill was written in response to an incident reported in Nampa at a Pride event that local law enforcement and prosecutors told him they could not adequately address under existing law. "This bill fixes the glitch. It closes the loophole," Saralini said, describing the measure as aimed at people who "expose yourself in public to people." The sponsor said local mayors, police and prosecutors requested legislation that would give them enforceable tools.
Opponents voiced multiple concerns about breadth and enforcement. Senator Rudkey said the existing disturbing‑the‑peace statute had been used broadly in similar circumstances and warned that adding new language could unintentionally criminalize storefront displays, adult retail behavior that is consensual, or novelty items such as decorative trailer hitch ornaments. Senator Wintrow warned the measure could lead to policing of gender expression and asked who would determine whether someone was "altered" or had undergone hormone treatment or surgery.
Supporters emphasized law enforcement and prosecutor requests and said the bill is not intended to target consenting adults in private businesses or commonplace private expression. Senator Lenny, closing for the sponsor, said, "Our law enforcement said, 'give us something we can use.'"
The Senate passed the bill 28 in favor, 6 opposed and 1 absent. The measure will be returned to the House of Representatives.
