Idaho Senate Judiciary Committee holds bill that would make solicitation a felony on first offense

BOISE — The Senate Judiciary & Rules Committee on Thursday debated House Bill 88, a bill from Representative Britt Raybould that would remove the misdemeanor tier from Idaho’s commercial solicitation statute and leave only a felony offense for adults who purchase commercial sexual activity.

Representative Britt Raybould, R., District 34, told the committee the change was intended as a technical correction following last year’s human trafficking rewrite and to better address the demand side of commercial sexual activity. “This legislation…removes the misdemeanor provision in commercial solicitation and leaves in place the felony provision,” Raybould said, adding the change reflects recommendations in the attorney general’s 2023 human trafficking report.

The measure drew sustained questioning from committee members about whether making a first offense a felony is an appropriate tool to reduce trafficking and commercial sexual activity. Senator Foreman said, “5 years in prison for trying to do business with a person of ill repute on the first offense…people are coming to me saying that’s overly harsh.” Senator Shippey raised a hypothetical about a young person who made a single mistake and warned that the current law already escalates repeat offenses to felonies. Senator Wintrow urged attention to victim-centered approaches and cautioned against adding new felonies without careful thought.

Raybould responded that data she reviewed showed most buyers are repeat purchasers: “Of those who have purchased in the last year, over 6 plus times, that’s 72 percent of that particular population,” she said, and therefore said prosecutors need the option to pursue felony charges when the evidence justifies it. Raybould cited Idaho Code 18-112 to describe existing felony punishment ranges: “every offense declared to be a felony is punishable by imprisonment in a state prison not exceeding 5 years or by fine not exceeding $50,000 or by both such fine and imprisonment.”

Committee members also probed how the solicitation provisions interact with Idaho’s human trafficking statutes and whether charging solicitation as a felony would reach cases covered elsewhere in law. Senator Wintrow noted the human trafficking statute references commercial sexual activity and asked whether the proposed change would duplicate or interfere with existing trafficking provisions. Raybould said that, in her reading, some trafficking statutes require proof that a seller was knowingly trafficked; if that proof is lacking, prosecutions fall under the solicitation statute she seeks to amend.

After roughly a half hour of discussion, Senator Ricks moved to send the bill to the floor without recommendation but Senator Lenny offered a substitute motion to hold House Bill 88 in committee. Senator Lenny’s motion to hold, seconded by Senator Foreman, carried on roll call 6–3. The chair announced, “motion carries 6 to 3 and we will hold House Bill 88 in committee.”

Votes at a glance: the committee voted 6–3 to hold House Bill 88 in committee; the committee record did not attach individual vote names to every yea/nay on the public transcript excerpt. The measure therefore will not move forward from this committee at this time.