Under Idaho obscenity laws, selling or distributing pornographic materials in the state is a sex crime. If you are convicted, you could face prison time or a large fine, or both. If you are accused of this crime, you will need an effective Idaho criminal defense lawyer to defend your rights and work to build a winning case for your defense. 

Sawtooth Defense Lawyers have extensive experience in sex crimes. We represent people charged with the sale or distribution of obscene material over the internet and through other digital, paper, and video media, etc. 

If you have been charged with an obscenity crime in Idaho, call our office or leave a message here on our website. Request a free case review and help to determine your best options.

Call the Top Criminal Defense Lawyer for Sale or Distribution of Obscene Material Defense

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Selling or Distributing Pornography in Idaho

Any person who knowingly brings obscene materials or has those brought into Idaho for sale or distribution is guilty of a crime. Anyone who publishes such materials, prints, or otherwise prepares it for distribution, or distributes has committed the crime. Even offering to distribute it is a crime. Or, if a person exhibits obscene materials, he or she is guilty of a crime. 

Idaho Code 18-4103 explains the level of crime constituted by the act of general sale or distribution of obscene material and the penalty for this kind of crime. 

NOTE: Pornography sale or distribution on the internet means a new class of state and federal crimes may be applicable and can carry much more severe penalties for conviction. 

Terms Used In Idaho Code 18-4103 through 4105 (2021)

These are the definitions of the primary terms of the state laws regarding this class of crimes. Knowing these definitions helps clarify what is considered obscene material in Idaho and how the applicable laws are violated:

  • Person: A natural human individual, or it can refer to a corporation (Idaho 73-114)
  • Misdemeanor: A crime that is typically an offense that is less extreme than a felony
  • Obscene material: Offensive depictions or descriptions of real or simulated sex acts, masturbation, excretory actions, or lewd exhibit of a genital area. (Idaho 18-4101) 
  • Pornography: Obscene materials in any medium (Idaho Code 18-1515)

Promoting Sale and Distribution of Obscene Materials 

Anyone who commits one of the following acts in the sale, exhibition, or distribution of obscene material in Idaho is guilty of a crime:

  • Creating advertisements or promotional material for use in selling or distributing obscene material
  • Soliciting or in some other way advertising or promoting material that he or she represents as, or presents as obscene. 

Someone who commits one of the above acts is guilty of promoting the sale or distribution of obscene matter in Idaho, which is a misdemeanor. The individual has committed a crime whether the obscene material being promoted does or does not actually exist.

Compelling a Person to Receive Pornographic Material

Anyone who intentionally takes one of the following actions due to a purchaser not accepting obscene material as a condition of the sale of pornographic print items or other media commits a crime:

  • Requires the purchaser to accept material the purchaser reasonably believes is obscene.
  • Denies or revokes a prospective purchaser’s franchise or threatens to deny or revoke it due to the person’s failure to cooperate in purchasing the obscene matter
  • Imposes a financial or another form of penalty on a person who refuses to accept obscene material

Distributing Pornography to Minors

Even though all the provisions of the above-discussed laws are in effect, the distribution of obscene matter to minors is governed by Idaho child pornography laws. (Idaho Code 18-1521 and 18-4106). 

Providing material to minors that is determined harmful to them under Idaho law is a misdemeanor. The penalties for persons convicted of this crime can include up to one year of incarceration in the county jail, a fine of up to $1,000, or both.

Penalties for Sale or Distribution of Obscene Material

A person convicted of the sale or distribution of obscene material in Idaho is guilty of a misdemeanor crime. A misdemeanor is typically a less serious offense than a felony. A misdemeanor crime in Idaho carries a maximum penalty of one year in jail and a maximum fine of $1,000. 

Each occurrence of the sale or distribution of the illegal material is charged as a separate violation.

Pornography Defense Lawyer in Boise, Idaho

Sawtooth Defense Lawyers is a leading group of criminal defense lawyers in the northwest United States with experience in sex crimes charges. Our legal team and strategies have proven effective in helping keep our clients out of jail and off the Idaho sex offender registry. We can often get charges significantly reduced, or even dropped under some circumstances. 

For a free case evaluation and review of your legal options, call Sawtooth Defense Lawyers at (208) 644-8893, or click over to our message page to request an appointment.