(1) A person is guilty of providing commercial sexual activity when such person:
- (a) Engages in, offers to engage in, or agrees to engage in sexual contact in return for a fee; or
- (b) Loiters in or within view of any public place for the purpose of being hired to engage in sexual contact.
- (2) Providing commercial sexual activity shall be a misdemeanor, provided, however, that on a third or subsequent conviction for commercial sexual activity, it shall be a felony. For purposes of this subsection, a prior conviction for prostitution counts as a conviction for providing commercial sexual activity.
- (3) It shall be an affirmative defense to providing commercial sexual activity that the defendant was at the time of the alleged crime the victim of conduct prohibited by section 18-8607, Idaho Code.
- (4) Notwithstanding the provisions of subsections (1) and (2) of this section, the provisions of this section do not apply to a child who is alleged to have engaged in conduct that would, if committed by an adult, violate the provisions of this section. A commercially sexually exploited child under this subsection may be taken into shelter care by a peace officer pursuant to section 16-1608, Idaho Code, if the conditions allowing emergency removal are met.
[18-5613, added 2024, ch. 147, sec. 16, p. 563.]