Idaho Statutes Title 18. Crimes and Punishments § 18-5613. Providing commercial sexual activity

(1) A person is guilty of providing commercial sexual activity when such person:

(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.