HB 494 Summary

• Changes terminology throughout Idaho Code from "prostitution" to "commercial sexual activity" and consolidates related offense definitions into new comprehensive chapter on human trafficking (Chapter 86, Title 18)

• Creates new felony crimes of human sex trafficking, human sex trafficking of a child, human labor trafficking, and human labor trafficking of a child, with penalties ranging from 3-30 years imprisonment and $10,000-$100,000 fines depending on offense type

• Establishes comprehensive forfeiture provisions for property used in or derived from trafficking offenses, including real and personal property, with procedures for third-party claims and innocent owner protections

• Provides "safe harbor" protections allowing minors alleged to have committed offenses as direct result of trafficking victimization to be diverted to rehabilitative services rather than prosecuted, and establishes affirmative trafficking defense for commercial sexual activity charges

• Makes technical corrections to cross-reference the new human trafficking statutes throughout Idaho Code sections addressing child welfare, sexual offender registration, teacher licensing, and victim expungement provisions; effective July 1, 2024