Idaho Sex Laws
http://legislature.idaho.gov/idstat/TOC/IDStatutesTOC.htm
Last update: 9/7/2014
Send all corrections, updates and professional opinions to:
director@line-family.info
TITLE 18
CRIMES AND PUNISHMENTS
CHAPTER 66
SEX CRIMES
18-6603. Fornication. Any unmarried person who shall have sexual intercourse with an unmarried person of the opposite sex shall be deemed guilty of fornication, and, upon conviction thereof, shall be punished by a fine of not more than $300 or by imprisonment for not more than six months or by both such fine and imprisonment; provided, that the sentence imposed or any part thereof may be suspended with or without probation in the discretion of the court.
History:
[18-6603, added 1972, ch. 336, sec. 1, p. 966.]
Idaho Statutes and Constitutions are updated to the web July 1 following the legislative session.
Idaho Statutes and Constitutions are current through the 2014 Legislative Session.
TITLE 18
CRIMES AND PUNISHMENTS
CHAPTER 66
SEX CRIMES
18-6601. Adultery. A married man who has sexual intercourse with a woman not his wife, an unmarried man who has sexual intercourse with a married woman, a married woman who has sexual intercourse with a man not her husband, and an unmarried woman who has sexual intercourse with a married man, shall be guilty of adultery, and shall be punished by a fine of not less than $100, or by imprisonment in the county jail for not less than three months, or by imprisonment in the state penitentiary for a period not exceeding three years, or in the county jail for a period not exceeding one year, or by fine not exceeding $1000.
History:
[18-6601, added 1972, ch. 336, sec. 1, p. 966.]
TITLE 18
CRIMES AND PUNISHMENTS
CHAPTER 66
SEX CRIMES
18-6606. Crime against nature -- Penetration. Any sexual penetration, however slight, is sufficient to complete the crime against nature.
History:
[18-6606, added 1972, ch. 336, sec. 1, p. 967.]
DOMESTIC RELATIONS
CHAPTER 2
MARRIAGE -- NATURE AND VALIDITY OF MARRIAGE CONTRACT
32-202. Persons who may marry. Any unmarried male of the age of eighteen (18) years or older, and any unmarried female of the age of eighteen (18) years or older, and not otherwise disqualified, are capable of consenting to and consummating marriage. Provided that if the male party to the contract is under the age of eighteen (18) and not less than sixteen (16) years of age, or if the female party to the contract is under the age of eighteen (18) and not less than sixteen (16) years of age, the license shall not be issued except upon the consent in writing duly acknowledged and sworn to by the father, mother or guardian of any such person if there be either, and provided further, that no such license may be issued, if the male be under eighteen (18) years of age and the female under eighteen (18) years of age, unless each party to the contract submits to the county recorder his or her original birth certificate, or certified copy thereof or other proof of age acceptable to the county recorder. Provided further, that where the female is under the age of sixteen (16), or the male is under the age of sixteen (16), the license shall not issue except upon the consent in writing duly acknowledged or sworn to by the father, mother or guardian of such person if there be any such, and upon order of the court. Such order shall be secured upon petition of any interested party which petition shall show that the female minor under the age of sixteen (16), or the male minor under the age of sixteen (16), is physically and/or mentally so far developed as to assume full marital and parental duties, and/or that it is to the best interest of society that the marriage be permitted. A hearing shall be had on such petition forthwith or at such time and upon such notice as the court may designate. The judge shall secure from a physician his opinion as an expert as to whether said person is sufficiently developed mentally and physically to assume full marital duties. If said court is satisfied from the evidence that such person is capable of assuming full marital duties and/or that it is to the best interest of society, said court shall make an order to that effect, and a certified copy of said order shall be filed with the county recorder preliminary to the issuance of a marriage license for the marriage of such person and said order of the court shall be the authority for the county recorder to issue such license.
From:
http://www.freedomtomarry.org/pages/marriage-rulings-in-the-courts
Latta v. Otter
5/13/14 • Federal Court Ruling
Federal court decision declaring that same-sex couples in ID have the freedom to marry and that the marriages of same-sex couples legally performed in other states must be respected. Ruling on hold pending appeal to the 9th Circuit Court of Appeals.
November 7, 2006: Idaho voters approved a state constitutional amendment barring same-sex marriage. (Idaho Amendment 2 (2006))
May 13, 2014: U.S. Magistrate Judge Candy Dale strikes down Idaho's marriage ban, but has since been stayed.
Text :
IDAHO CONSTITUTION - Article III. Legislative department - §28. Marriage
A marriage between a man and a woman is the only domestic
legal union that shall be valid or recognized in this state
IDAHO CODE - Title 32. Domestic relations - Chapter 2. Marriage; nature and validity of marriage contract
§ 32-209. Recognition of foreign or out-of-state marriages
All marriages contracted without this state, which would
be valid by the laws of the state or country in which the same were contracted,
are valid in this state, unless they violate the public policy of this state.
Marriages that violate the public policy of this state include, but are not
limited to, same-sex marriages, and marriages entered into under the laws of
another state or country with the intent to evade the prohibitions of the
marriage laws of this state.
No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.
TITLE 18
CRIMES AND PUNISHMENTS
CHAPTER 6
ABORTION AND CONTRACEPTIVES
18-611. FREEDOM OF CONSCIENCE FOR HEALTH CARE PROFESSIONALS. (1) As used in this section:
(a) "Abortifacient" means any drug that causes an abortion as defined in section 18-604, Idaho Code, emergency contraception or any drug the primary purpose of which is to cause the destruction of an embryo or fetus.
(b) "Conscience" means the religious, moral or ethical principles sincerely held by any person.
(c) "Embryo" means the developing human life from fertilization until the end of the eighth week of gestation.
(d) "Fetus" means the developing human life from the start of the ninth week of gestation until birth.
(e) "Health care professional" means any person licensed, certified or registered by the state of Idaho to deliver health care.
(f) "Health care service" means an abortion, dispensation of an abortifacient drug, human embryonic stem cell research, treatment regimens utilizing human embryonic stem cells, human embryo cloning or end of life treatment and care.
(g) "Provide" means to counsel, advise, perform, dispense, assist in or refer for any health care service.
(h) "Religious, moral or ethical principles," "sincerely held," "reasonably accommodate" and "undue hardship" shall be construed consistently with title VII of the federal civil rights act of 1964, as amended.
(2) No health care professional shall be required to provide any health care service that violates his or her conscience.
(3) Employers of health care professionals shall reasonably accommodate the conscience rights of their employees as provided in this section, upon advanced written notification by the employee. Such notice shall suffice without specification of the reason therefor. It shall be unlawful for any employer to discriminate against any health care professional based upon his or her declining to provide a health care service that violates his or her conscience, unless the employer can demonstrate that such accommodation poses an undue hardship.
(4) No health care professional or employer of the health care professional shall be civilly, criminally or administratively liable for the health care professional declining to provide health care services that violate his or her conscience, except for life-threatening situations as provided for in subsection (6) of this section.
(5) The provisions of this section do not allow a health care professional or employer of the health care professional to refuse to provide health care services because of a patient’s race, color, religion, sex, age, disability or national origin.
(6) If a health care professional invokes a conscience right in a life-threatening situation where no other health care professional capable of treating the emergency is available, such health care professional shall provide treatment and care until an alternate health care professional capable of treating the emergency is found.
(7) In cases where a living will or physician's orders for scope of treatment (POST) is operative, as defined by the medical consent and natural death act, and a physician has a conscience objection to the treatment desired by the patient, the physician shall comply with the provisions of section 39-4513(2), Idaho Code, before withdrawing care and treatment to the patient.
(8) Nothing in this section shall affect the rights of conscience provided for in section 18-612, Idaho Code, to the extent that those rights are broader in scope than those provided for in this section.
History:
[18-611, added 2010, ch. 127, sec. 1, p. 273; am. 2011, ch. 225, sec. 1, p. 612.]
Contraception in “Idaho All minors with no restrictions.”