UPDATE: Idaho Gov. Brad Little signed House Bill 270 into law Thursday morning. The Idaho Capital Sun reports the bill takes effect immediately through an emergency clause.
ORIGINAL STORY: Changes to Idaho’s indecent exposure law are heading to the governor’s desk, though they could have unintended consequences.
House Bill 270 came at the request of Nampa City Council and other entities after last year’s Canyon County Pride event.
It makes it a misdemeanor to expose female breasts, or those “that have been medically or hormonally altered to appear like developing or developed female breasts.”
The proposal would not apply to breastfeeding mothers.
“Our local prosecutors and everybody is asking for this and, again, it’s not OK to expose yourself in public,” said Sen. Brian Lenney (R-Nampa).
Displaying toys or other products resembling genitalia would also be a misdemeanor under the bill.
Senate Democratic Leader Melissa Wintrow (D-Boise) said that clause applies to replicas of scrotums hanging from people’s trailer hitches.
“They call them ‘truck nuts,’” said Wintrow. “They’re gross, they’re offensive and kids on the road see them, so why wouldn’t the police get a call [saying], ‘That offends me. Pull it off the truck.’ Because now this bill will allow it.”
She said the proposal is also unfairly targeting the transgender community, something Lenney denies.
“It’s not OK to expose yourself or to flaunt around sex toys in a weird way in public. That’s who [this bill is] an attack on,” he said.
A third conviction under either part of this proposal would be a felony with a maximum prison sentence of five years.
The measure easily passed the Senate and already passed the House last month.
Gov. Brad Little has five days to sign, veto or let the bill pass into law without his signature once it hits his desk later this week.
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