Idaho Age of Consent Laws: Statutes, Penalties and Reporting

Idaho's general age-based criminal protections for minors run to age 18: Idaho Code § 18-1508 (lewd conduct) covers a minor under 16 with no age condition on the other person, while § 18-6101(2) (rape) and § 18-1508A (sexual battery of a minor sixteen or seventeen years of age) cover 16- and 17-year-olds where the other person is at least three or five years older, and 2025 legislation added aggravated tiers for victims 15 and under.

To report a concern: if a child is in immediate danger, call 911. For Idaho, the Department of Health and Welfare page says to report suspected child abuse, neglect or abandonment: "Statewide: 855-552-KIDS (5437) Treasure Valley: 208-334-KIDS (5437)." The Childhelp National Child Abuse Hotline (1-800-422-4453, call or text) can help you figure out where and how to report. Online exploitation can be reported to the NCMEC CyberTipline at report.cybertip.org or 1-800-843-5678.

Information last verified on 2026-09-29. This article has not yet been reviewed by a licensed lawyer. It is legal-reference information, not legal advice.

This page covers Idaho's criminal statutes on sexual offenses involving minors. Federal law is summarized on the age of consent laws by state hub. Each cite links to the official Idaho Legislature statute page.

This page describes the main age-based sexual offense statutes. Other Idaho statutes also protect minors, and one of them can apply even where none of the offenses described here does. In particular, § 18-5610 makes engaging in commercial sexual activity with a child a felony punishable by not less than two years, which may be extended to life, or by a fine up to $50,000, or both, and chapter 56 defines a child as a person under 18, with no age-difference element.

How Idaho law protects minors by age

Idaho's protections are spread across several sections in Title 18, chapter 15 and the rape statute in chapter 61. Each sets its own age line and, for older minors, its own age-difference element. The table shows the main tiers.

Under 16

Section 18-1508 applies to "any person who shall commit any lewd or lascivious act or acts upon or with the body or any part or member thereof of a minor child under the age of sixteen (16) years." It states no age condition for the other person. Section 18-1506 makes it a felony for "any person eighteen (18) years of age or older," with the intent to gratify the lust, passions or sexual desire of the actor, the minor child or a third party, to solicit a minor child under 16 to participate in a sexual act, to cause or have sexual contact with the child, not amounting to lewd conduct as defined in § 18-1508, or to induce, cause or permit a minor child to witness an act of sexual conduct.

Rape under § 18-6101 is defined as penetration, however slight, of the oral, anal or vaginal opening with a penis accomplished under any one of the listed circumstances. Subsection (1) lists the circumstance where the victim is under 16 and the perpetrator is 18 or older, together with the further condition stated there.

Ages 16 and 17

Two separate sections protect 16- and 17-year-olds, each with its own age-difference element:

• Rape, § 18-6101(2): the victim is 16 or 17 and "the perpetrator is three (3) years or more older than the victim," with the further condition stated in the subsection. For this subsection, the difference in age is measured "from the date of birth of the perpetrator to the date of birth of the victim."
• Sexual battery, § 18-1508A: "any person at least five (5) years of age older than a minor child who is sixteen (16) or seventeen (17) years of age" who commits a listed act, with the intent of arousing, appealing to or gratifying the lust, passion or sexual desires of the person, the minor or a third party. The listed acts include a lewd or lascivious act, solicitation and sexual contact.

Age-difference elements

In each of these provisions the age difference (three years for rape, five years for sexual battery) is written into the definition of the offense. It is an element, not a defense and not a provision that only changes the grade. The two sections use different differences, so the text of each should be read separately.

Aggravated lewd conduct (added in 2025)

Session law ch. 177 (2025) added § 18-1508B, § 18-1508C and § 18-1508D. Sections 18-1508B and 18-1508C each apply to a person 18 or older who commits a lewd or lascivious act with a minor child if any two of the listed aggravating factors occurred during the commission of, or to accomplish, the lewd conduct; § 18-1508D sets the punishment for § 18-1508C. The same act added § 18-1508E, under which a person convicted under § 18-1508, 18-1508B or 18-1508C who is ordered to a fixed minimum term is not eligible for parole, good-conduct reduction, work release or furlough during that term.

• § 18-1508B covers a minor under 16 but 13 or older and carries "a mandatory minimum fixed term of imprisonment of twenty-five (25) years with a possible maximum term of life."
• § 18-1508C covers a minor 12 or under. § 18-1508D sets the punishment for that offense at death or life imprisonment.

The listed aggravating factors include that the defendant was, at the time of the offense, "in a position of trust, or had supervisory or disciplinary power over the victim by virtue of the defendant's legal, professional, or occupational status and used the position of trust or power to accomplish the lewd conduct," or "had, at the time of the offense, parental or custodial authority over the victim and used the authority to accomplish the lewd conduct" (§ 18-1508B(4)). Other listed factors include one that refers to a developmental disability under section 66-402. The full list is in the statute text.

Penalties

These sections state "felony" without a class and do not state a fine amount. The statute text controls, including its sentencing provisions for the aggravated offenses.

Sex offender registration

Idaho Code § 18-8304(1)(a) lists offenses that fall within the registration chapter, including §§ 18-1506, 18-1508, 18-1508A, 18-1508B, 18-1508C and 18-6101 (rape, but excluding § 18-6101(1) where the defendant is eighteen years of age). Section 18-8310 states that registration is for life, and that an offender other than a recidivist, an aggravated offender or a designated violent sexual predator may, after ten years from release from incarceration or placement on parole, supervised release or probation, petition the district court for a show-cause hearing on exemption from the duty to register. The statute sets further showings that a petitioner must make. Under § 18-8303, an "aggravated offense" includes lewd conduct under § 18-1508, rape under § 18-6101 except in listed situations, and any listed offense where the victim was under 13, so those offenders cannot use the ten-year petition.

Recent changes

• 2025, ch. 177, added §§ 18-1508B, 18-1508C and 18-1508D and amended § 18-8304, the registration list. The effective date was not stated on the code pages read for this check.
• 2026, ch. 79 (secs. 14 and 15), amends §§ 18-1508B and 18-1508C effective January 1, 2027. The visible change is a cross-reference in the developmental-disability factor, from "66-402(5)" to "66-402 (4)"; no age or penalty change appeared in the two versions of the text.

The history lines of §§ 18-1508, 18-1508A, 18-1506 and 18-6101 end in 1992, 2022, 2022 and 2021. The official code pages already include 2026 session laws, and their history lines show no 2025 or 2026 change to these four sections.

Where to report

If a child is in immediate danger, call 911. The Idaho Department of Health and Welfare reporting page lists 855-552-KIDS (5437) statewide and 208-334-KIDS (5437) in the Treasure Valley. The national Childhelp hotline and the NCMEC CyberTipline are listed in the box near the top of this page.

Disclaimer

This page is general legal information about Idaho criminal statutes as verified on 2026-09-29. It is not legal advice. Statutes change, summaries simplify, and the statute text controls. Anyone with a specific situation should consult a lawyer licensed in Idaho.

Related articles

• Age of consent laws by state
• Idaho sexting laws
• Editorial standards and verification levels

Frequently Asked Questions

Why do the rape and sexual battery provisions for 16- and 17-year-olds use different age differences?

They are separate sections. Section 18-6101(2) requires a perpetrator three or more years older than the victim, measured from date of birth to date of birth, and section 18-1508A requires a person at least five years older than a minor who is 16 or 17. Both age differences are elements of their offenses.

What does 'position of trust' mean in the 2025 aggravated offenses?

It is one of the aggravating factors that sections 18-1508B and 18-1508C list. The factor applies where the defendant was in a position of trust, or had supervisory or disciplinary power over the victim by virtue of legal, professional or occupational status, and used the position or power to accomplish the lewd conduct. A separate factor covers parental or custodial authority used the same way.

Where can the statute text be read?

Each section cited on this page links to the official Idaho Legislature statute page. The statute text controls over any summary.