By Ruth Brown, Idaho Reports
The House Judiciary, Rules and Administration Committee advanced two bills Wednesday, both addressing exploitation in Idaho.
Rep. Jaron Crane, R-Nampa, sponsored a bill that would be a re-write of Idaho’s existing human trafficking laws.
Among other things, it makes the bill, HB 494, more victim-centered and removes use of the word “prostitute” or “prostitution” in human trafficking cases, instead using the language “commercial sexual activity.”
This is an effort to avoid labeling victims as something they are not, Crane said.
The bill prohibits juveniles from being charged with prostitution.
Jeff Nye, Chief Deputy of the Attorney General’s Criminal Division, explained the bill also provides an affirmative defense, which means at trial, a person would be able to put on evidence to prove they were victim of human trafficking, rather than a person voluntarily engaged in commercial sexual activity. Prosecutors would then be required to prove the person was not engaged in the activity due to force, fraud or coercion to convict them.
It also changes the law around “procurement of a prostitute” to be punishable by a felony on the second offense, rather than the third offense. The first offense for procurement of a prostitute would still a misdemeanor crime.
The bill also provides a section of code to allow a victim of human trafficking the option to apply for expungement of a criminal conviction they had that was the result of acts induced by their trafficker.
The bill’s fiscal note requests another deputy attorney and vehicle for Idaho’s Attorney General’s Office.
The committee unanimously advanced the bill to the House floor.
Rep. Julianne Young, R-Blackfoot, sponsored HB 575, a bill that would prohibit the use of generated artificial intelligence to create “deep fakes,” or fake images of a person. The bill would make it illegal to put an image of a person’s face on images or video that are artificial and explicit.
Under the bill, a person found guilty of disclosing synthetic media would have to publish the explicit fake content and use it with the intent to “annoy, terrify, threaten, intimidate, harass, offend, humiliate, or degrade an identifiable person” portrayed in the content. If found guilty, it would be a misdemeanor offense.
If the guilty party already had a prior conviction, or a similar violation in another state within the last five years, they would face a felony sentence punishable by up to 10 years or a fine of $25,000, or both.
That committee voted unanimously to support the bill. Both bills now head to the full House of Representatives for a vote.
Ruth Brown | Producer
Ruth Brown grew up in South Dakota and her first job out of college was covering the South Dakota Legislature. She’s since moved on to Idaho lawmakers. Brown spent 10 years working in print journalism, including newspapers such as the Idaho Statesman and Idaho Press, where she’s covered everything from the correctional system to health care issues. She joined Idaho Reports in 2021 and looks forward to telling stories about how state policy can impact the lives of regular Idahoans.