Idaho's New Anti-Trans Indecent Exposure Law: HB 270 Fact Sheet

The law expands what’s considered indecent exposure to include breasts. Previously, public nudity was illegal in Idaho, but only exposed genitals counted as indecent exposure. The law makes exposed breasts a crime in both public spaces and in any other place where another person is present or may see and be offended.  

As of March 26, 2025, a person can be charged with a misdemeanor if they “willingly” and in a sexual way:  

• Show “developed female breasts” including the nipple and areola;  
• Show “adult male breasts” that have been changed to look like “female breasts,” whether through hormones or surgery;  
• Show fake breasts; 
• Show or display sex toys or other products meant to look like genitals (e.g., novelty bachelorette or bachelor party toys or jewelry, novelty truck hitch “nuts” or “balls,” etc.); 
• “Procure, counsel, or assist” someone in exposing their genitals or breasts. 

Importantly, a person could face misdemeanor charges for violating the law in public or in private spaces where another person is present – or where another person might see and be offended. The law does not punish breastfeeding or pumping breastmilk in public. 

A first-time violation of Idaho’s expanded indecent exposure law is a misdemeanor. Repeat offenses have additional penalties, including felony charges and up to five years in prison. Felony charges are possible when:  

• A person has been convicted of indecent exposure three times in five years under Idaho law; 
• A person has been convicted under a “similar statute” in another state three times in five years; 
• A person has been convicted three times in five years of some combination of Idaho’s indecent exposure law and a “similar statute” in another state.  

The law has additional impacts for transgender people. First, the new law explicitly bans trans women from exposing their breasts when altered through gender-affirming surgical or hormonal treatments. The law also applies to cisgender women.  

Second, the law applies to trans men because Idaho law does not recognize gender identity or expression. Instead, Idaho defines gender as either “male” or “female,” according to sex assigned at birth. In practice, this means trans men may be charged with indecent exposure for going shirtless in public or in private if another person is present (or nearby).  

This law will likely lead to increased police presence at Pride festivals, drag or burlesque shows, and protests. The new law allows only cisgender men to be shirtless in Idaho without risking criminal penalties.

Possible Chilling Effect 

The law also makes it a misdemeanor to “procure, counsel, or assist” someone in committing indecent exposure. It is unclear how this part of the law will be applied or enforced. For example, it is not clear whether an event organizer might face charges if, at the event, an attendee is cited for indecent exposure.  

The ambiguity of the law could lead to over-enforcement and increased police presence at community events like LGBTQ+ Pride celebrations.  

Increased surveillance and fear  

The new law applies to public places and places where another person is present and could be offended. This part of the law is also broad and vague and will likely lead to increased surveillance between ordinary Idahoans.

Know Your Rights 

It is important to understand that the broadness of the new law could lead to over-enforcement. The ACLU has resources to help you understand your rights, including information about LGBTQ+ rights and transgender rights.  

Police interactions: The law will likely lead to more police at LGBTQ+ events, increasing the chances you may interact with the police or other law enforcement. It’s a good idea to learn about or review your rights when interacting with police.  

Privacy: You also have the right to feel safe at home and in public. Idaho's indecent exposure law does not change your right to privacy, nor your right to hold someone accountable for violating that privacy. It’s against the law for anyone to look into your home without a reason.   

Report Issues 

If you are cited under the law or even approached about it, take notes. Write down details about the interaction, whether with the police or another individual, including the names and badge numbers of any law enforcement agents. If you feel your rights have been violated, you can file a report with the ACLU of Idaho – here's our intake form.  

Know the Law 

Idaho’s expanded indecent exposure law states that only “willful” and “lewd” exposure is criminal. While enforcement of the law will likely vary, it is important to know that your right to exist in public space in ways that are authentic should not be impacted by the law.    

Know the Risks 

The law makes ordinary spaces and situations particularly risky for trans and gender-expansive people. Being aware of risk is important – it is a good idea to have a safety plan that assesses the risk level of public places.  

Because enforcement may be unpredictable and biased, places like public pools, the river, locker rooms, and parks may require extra caution.  

While no one should have to hide who they are, it is important to prioritize safety. It may be a good idea to be among supportive community, for instance, rather than attending large public events alone.