Council repeals outdated indecent-exposure code after state broadens statute

The Moscow City Council voted on May 5 to repeal portions of the city code addressing indecent exposure (Moscow City Code Title 10, Chapter 1, sections 1–16) after the Idaho Legislature expanded the state statute defining indecent exposure.

City staff said House Bill 270 broadened the state definition to include new acts and displays and that the city’s provisions were narrower and therefore in conflict. Because state law preempts conflicting municipal ordinances, the city attorney recommended repeal to avoid confusion and unenforceable local code. The council approved the repeal under suspension of the rules; the measure was recorded as Ordinance 2025-5 and will take effect upon passage and publication as required by law.

Council debate included sharp criticism of the state statute. Several councilors called the expanded definition overbroad and unenforceable in practice, noting it could reach depictions used in art, festival booths or commercially sold items. Councilors asked staff to notify city departments and event organizers about the statutory changes; staff said the city’s legislative reviewer and department heads will advise affected programs and vendors.

Staff said enforceability depends on complaints: the statute applies where a display or act occurs in a public place “where another person or persons are present and are offended thereby,” meaning prosecution typically requires a reporting or offended party.

Votes and implementation - Motion: repeal specified sections of Moscow City Code Title 10, Chapter 1, under suspension of the rules; read by title and publish by summary. Tally: unanimous recorded ayes noted in the roll call for the motion to adopt the ordinance (council recorded its vote as ayes on the motion to adopt after debate); Ordinance 2025-5 assigned. - Staff direction: City legislative reviewer to notify affected departments and public-event organizers about the statutory change and advise on vendor and art permitting implications.

Why it matters The state’s change to Idaho’s indecent-exposure law expands the statutory definition and may affect public art displays, vendor products and festival conduct. City staff and councilors said the state law’s breadth makes local, narrower definitions untenable; repeal avoids conflicting code and requires staff outreach to departments and permit holders.

What councilors said Councilors expressed frustration at the state legislature for producing an overly broad law that, they said, may sweep in artistic displays and cultural events. Staff confirmed the city cannot legally enforce local provisions that conflict with the new state law.