TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 41

INDECENCY AND OBSCENITY

18-4117.  entering a restroom or changing room of the opposite sex. (1) Any person who knowingly and willfully enters a restroom or changing room in a government-owned building or a place of public accommodation, as defined in section 67-5902, Idaho Code, that is designated for use by the opposite biological sex of such person shall be guilty of a misdemeanor and may be imprisoned in the county jail for a period not to exceed one (1) year. Any person who pleads guilty to or is found guilty of a violation of this section, a similar statute in another state, or any similar local ordinance for a second time within five (5) years of the first conviction, notwithstanding the form of judgment or withheld judgment, shall be guilty of a felony and may be imprisoned in the state prison for a period not to exceed five (5) years.

(2)  The provisions of subsection (1) of this section shall not apply to an individual who enters a restroom or changing room designated for the opposite sex in any of the following circumstances:

(a)  To perform custodial services or maintenance;

(b)  To render medical assistance;

(c)  To provide law enforcement assistance or to supervise any arrestee, detainee, or inmate in a custodial setting;

(d)  To provide services or render aid during a natural disaster, during a declared emergency, or when necessary to prevent a serious threat to good order or safety;

(e)  To use a single-user facility designated for the opposite sex, if such single-user facility is the only facility reasonably available at the time of the person’s use of the facility;

(f)  To use restroom facilities when the person is in dire need of urinating or defecating and such facility is the only facility reasonably available at the time of the person’s use;

(g)  To use restrooms, changing rooms, and sleeping quarters that have been temporarily designated for use by people of that person’s biological sex;

(h)  To provide coaching or athletic training during athletic events;

(i)  To accompany and render assistance to a person who is in need of assistance when the person rendering assistance is:

(i)   A family member or a legal guardian; or

(ii)  The designee of the person in need of assistance and the designee is not a member of the designated sex for the single-sex restroom, changing facility, or sleeping quarters; or

(j)  To a minor child who is in need of assistance and, for the purpose of receiving that assistance, is accompanied by a family member, a legal guardian, or the individual’s designee who is a member of the designated sex for the single-sex restroom or changing facility.

(3)  As used in this section, "changing room" means a facility in which a person may be in a state of undress in the presence of others, including a locker room, changing room, or shower room.

History:

[18-4117, added 2026, ch. 263, sec. 1, p. 1114.]