BOISE, ID – Idaho legislators are advancing a bill to update the state’s indecent exposure law.
The House Judiciary, Rules and Administration Committee in a 12-3 voted along party lines on Tuesday to advance House Bill 270, which bill sponsor Rep. Jeff Cornilles, R-Nampa, said was inspired by a Canyon County Pride event in June.
The legislation aims to modernize Idaho’s indecent exposure law, Cornilles said, which currently is defined as the exposure of someone’s genitals in any public place. It’s a misdemeanor on the first offense, and a felony on the second offense within five years.
The legislation would add to that law, also making it a misdemeanor to show the following in public spaces:
- Developed female breasts, not including those of someone breastfeeding a child
- Adult male breasts that have been medically or hormonally altered to appear like developing or developed female breasts
- Artificial breasts
- Toys or products intended to resemble male or female genitals
Nampa City Council member explains what inspired bill
Nampa City Councilmember Sebastian Griffin helped craft the bill, and told the committee why this bill was brought forward.
Griffin attended an event at Lakeview Park in Nampa, where Canyon County Pride was held in June. At the event, he noticed a “woman who was topless exposing herself,” he said.
“Shocked by this, I went over and saw a local Nampa police officer and said, ‘why hasn’t this individual been asked to either number one, cover up or number two, leave?’” Griffin told the committee. “And to my surprise, the officer said what that person’s doing isn’t illegal.”
That’s because it is not illegal for a man with breast enhancements to walk around topless, the officer said, according to Griffin.
“Committee will likely hear testimony today that says this bill is targeting and even discriminating against a certain group of Idaho citizens or population,” Griffin said. “I would argue it does not. This targets bad actors in our community that have found a loophole within Idaho code to take advantage and disrupt society. That’s it. It’s addressing out of date code for a modern time. We need to modernize our code to address issues of today’s day and age.”
Canyon County Pride President Tom Wheeler previously told the Idaho Capital Sun that multiple people had attended the event “nipple pasties,” which inspired a rule to require shirts this year.
Testimony: Imposing penalties on transgender Idahoans or protecting children?
Fifteen people testified to the committee, most of whom opposed the bill. This includes Nixon Mathews, an LGBTQ+ advocate, who said the bill is too broad and imposes extreme penalties on transgender Idahoans.
“I’m a trans man, and I have opted to have chest surgery, so my chest looks like a cis man’s chest,” Mathews said. “If I’m shirtless in my own yard and my neighbor sees me and they find me offensive, could they call the cops and arrest me at my own home? According to this bill, an existing Idaho statute, yes, they could.”
William Mitchell, an attorney with Legal Voice, opposed the bill, arguing it would affect men experiencing gynecomastia, a hormonal condition that causes enlarged breasts in males.
“What I’m trying to tell you is that gynecomastia can happen naturally throughout the life of a male,” Mitchell said. “It can also be caused by poorly managed hormonal therapies related to low testosterone in younger men, or from abuse of non-prescription or non therapeutic use of testosterone or anabolic steroids. With that background, I hope you can see that this bill would cast among the widest of nets in our criminal code.”
Proponents of the bill, such as Idaho Freedom Foundation Director of Legislative Affairs Fred Birnbaum, said the bill would protect children.
“What this bill is about, is restoring decency and community standards of behavior,” Birnbaum said to the committee.
Nampa City Councilwoman Natalie Jangula also spoke in support of the bill. While she thanked the Canyon County Pride event organizers for complying with the city’s requests, she said organizers cannot control the actions of everyone who attends.
“That is why we need laws, city codes, security and law enforcement,” Jangula said. “…Our police did not have adequate legislation in place to take appropriate action.”
The bill is now headed to the House floor in the coming days or weeks.
This story first appeared on Idaho Capital Sun.