AI Legislative Guide |
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USA, Idaho |
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(United States)
Firm
Hawley Troxell
Contributors
Bradlee Frazer |
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| Has specific legislation, final regulations or other formal regulatory guidance addressing the use of AI in your jurisdiction been implemented (vs reliance on existing legislation around IP, cyber, data privacy, etc.)? | Yes. |
| Please provide a short summary of the legislation/regulations/guidance and explain how legislators aim to strike the balance between innovation and regulation. | Enacted:
Proposed:
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| Which agency regulates the use of AI in your jurisdiction? | Currently, there is no official agency, but as of now, the State has set up the Office of Information Technology Services, that does establish some policies, guidelines, and standards on the use of AI in Idaho. |
AI Legislative Guide
Has specific legislation, final regulations or other formal regulatory guidance addressing the use of AI in your jurisdiction been implemented (vs reliance on existing legislation around IP, cyber, data privacy, etc.)?
Yes.
Please provide a short summary of the legislation/regulations/guidance and explain how legislators aim to strike the balance between innovation and regulation.
Enacted:
- IC 19-1910
- Law regulating the use of pretrial risk assessment algorithms, requiring transparency, requiring that all information used to build or validate the pretrial risk assessment tool be open to the public for inspection, auditing, and testing; preventing the builder or user of a pretrial risk assessment tool from asserting trade secret or other intellectual property protections in order to quash discovery of such materials.
- HOUSE BILL 575 (signed on March 19, 2024)
- Criminalizes, in Idaho, knowingly creating, sharing, or threatening to share non-consensual, sexually explicit “deepfake” (synthetic) media depicting an identifiable person, especially when intended to harm, harass, or extort them. Violations are generally misdemeanors, but repeat offenses within five years become felonies punishable by up to 10 years in prison and/or fines up to $25,000.
- HOUSE BILL 664 (signed March 25, 2024)
- Allows political candidates in Idaho to seek court orders and sue for damages when deceptive AI-generated audio or video (“synthetic media”) misrepresents them in election-related communications.
- HOUSE BILL 465 (signed March 25, 2024)
- Expands Idaho’s child sexual exploitation laws to explicitly include AI-generated or altered images (“deepfakes”) depicting minors in sexual conduct, making it a felony to create, possess, or distribute such material even if no real child exists.
- SENATE BILL 1227 (signed March 18, 2026)
- requires Idaho’s State Department of Education to develop a statewide framework for the use of generative AI in K–12 schools and mandates that school districts adopt policies governing its use by students and staff.
- HOUSE BILL 727 (signed March 25, 2026)
- strengthens Idaho’s sex crime laws by expanding video voyeurism to cover non-consensual sharing or threats to share intimate images intended to harm or humiliate, making such conduct a felony.
- It also increases penalties for disclosing explicit AI-generated sexual images (“deepfakes”) by making it a felony when the victim is a minor (or for repeat offenders), while retaining existing definitions and exceptions.
- SENATE BILL 1297 (signed March 31, 2026)
- establishes requirements for public-facing conversational AI services to disclose they are AI, implement safeguards around harmful content (including suicide-related prompts), and avoid misrepresenting themselves as human or as licensed professionals.
Proposed:
- HOUSE BILL 917
- Requires Idaho state agencies to use AI systems to review their regulations and guidance documents for necessity, duplication, cost, clarity, and economic impact, and to generate recommendations for simplification or reduction of regulatory burdens.
- It also mandates human review and approval of AI findings, requires agencies to pursue rule changes based on the review, and to publish annual reports detailing the results, savings, and actions taken.
- Requires Idaho state agencies to use AI systems to review their regulations and guidance documents for necessity, duplication, cost, clarity, and economic impact, and to generate recommendations for simplification or reduction of regulatory burdens.
Which agency regulates the use of AI in your jurisdiction?
Currently, there is no official agency, but as of now, the State has set up the Office of Information Technology Services, that does establish some policies, guidelines, and standards on the use of AI in Idaho.