Title 6, ACTIONS IN PARTICULAR CASES

6-3303. Duties of mountain operators with respect to mountain areas. Every mountain operator shall have the following duties with respect to operation of a mountain area: (1) To maintain one (1) or more trail boards at prominent locations at each mountain area displaying that are…

6-3304. Duties of mountain operators with respect to aerial passenger tramways. Every mountain operator shall have the duty to construct, operate, maintain, and repair any aerial passenger tramway in accordance with the American national standards safety requirements for aerial p…

6-3305. Duties of passengers. Every passenger shall have the duty to not: (1) Board or embark upon or disembark from an aerial passenger tramway except at an area designated for such purpose; (2) Drop, throw, or expel any object from an aerial passenger tramway; (3) Perform any a…

6-3306. Duties of bicyclists. (1) It is recognized that bicycling as a recreational sport is hazardous, regardless of all feasible safety measures that can be taken. (2) Each bicyclist expressly assumes the risk of and legal responsibility for any injury to person or property tha…

6-3307. Liability of mountain operators. Any mountain operator shall be liable for loss or damages caused by its failure to follow the duties set forth in sections 6-3303 and 6-3304, Idaho Code, where the violation of duty is causally related to the loss or damage suffered. The m…

6-3308. Liability of passengers. Any passenger shall be liable for loss or damages resulting from violations of the duties set forth in section 6-3305, Idaho Code, and shall not be able to recover from the mountain operator for any losses or damages where the violation of duty is…

6-3309. Liability of bicyclists. Any bicyclist shall be liable for loss or damages resulting from violations of the duties set forth in section 6-3306, Idaho Code, and shall not be able to recover from the mountain operator for any losses or damages where the violation of duty is…

6-3501. SHORT TITLE. This chapter shall be known and may be cited as the "Idaho Wrongful Conviction Act."

6-3502. claim of compensation for wrongful conviction. (1) As used in this chapter, "claimant" means a person convicted and subsequently imprisoned for one (1) or more crimes that such person did not commit. (2) If he meets the requirements of this chapter, a claimant may bring a…

6-3503. compensation. (1) In an action brought pursuant to section 6-3502, Idaho Code, damages awarded shall be: (a) (i) Sixty-two thousand dollars ($62,000) for each year of imprisonment actually served, including time spent awaiting trial; or (ii) If the claimant was imprisoned…

6-3504. certificate of innocence. If the court finds that the claimant is entitled to a judgment pursuant to section 6-3502, Idaho Code, it shall enter a certificate of innocence finding that the claimant was innocent of all crimes for which the claimant was mistakenly convicted.

6-3505. innocence fund created. There is hereby created in the state treasury the innocence fund. The fund shall consist of moneys that may be provided by legislative appropriation and any reimbursements made to the state by claimants. The state treasurer shall invest the idle mo…

6-3601. DUTIES OF RECREATIONAL PARTICIPANTS. It is recognized that recreational activities in state parks are hazardous regardless of all feasible safety measures that can be taken. Each recreational participant expressly assumes the risk of and legal responsibility for any injur…

6-3801. LEGISLATIVE findings and INTENT. (1) The provisions of this chapter are intended to provide a civil remedy for damages against commercial entities that publish or distribute material that is harmful to minors on the internet. The legislature finds that pornography is crea…

6-3802. definitions. As used in this chapter: (1) "Commercial entity" means a corporation, a limited liability company, a partnership, a limited partnership, a sole proprietorship, or another legally recognized business entity. (2) "Digitized identification card" means a data fil…

6-3803. intentional publication or distribution of material harmful to minors on the internet. (1) Any commercial entity that knowingly and intentionally publishes material that is harmful to minors on the internet from a website that contains a substantial portion of such materi…

6-3804. PRIVATE CAUSE OF ACTION. (1) Any person exposed to material harmful to minors in violation of section 6-3803, Idaho Code, including the parent or guardian of a child exposed to material harmful to minors, has standing to bring a civil action against any person or entity t…

6-3805. AFFIRMATIVE DEFENSES. (1) A defendant against whom an action is brought under section 6-3804, Idaho Code, may assert an affirmative defense to liability under this section if: (a) The imposition of civil liability on the defendant will violate constitutional or federally …

6-3806. venue. (1) Notwithstanding any other provision of law to the contrary, including chapter 4, title 5, Idaho Code, a civil action brought under section 6-3804, Idaho Code, may be brought in: (a) The county in which all or a substantial part of the events or omissions giving…

6-3807. PRIVATE CIVIL ENFORCEMENT EXCLUSIVE. (1) Notwithstanding any other provision of law to the contrary, the requirements of this chapter shall be enforced exclusively through the private civil actions described in section 6-3804, Idaho Code. (2) No direct or indirect enforce…

6-3808. IMMUNITY FROM SUIT AND LIMITS ON STATE-COURT JURISDICTION. (1) Notwithstanding any other provision of law to the contrary, the state and each of its subdivisions and their officers and employees shall have sovereign immunity, governmental immunity, and official immunity, …

6-3809. SEVERABILITY. (1) If any application of any provision in this chapter to any person, group of persons, or circumstances is found by a court to be invalid, preempted, or unconstitutional, for any reason whatsoever, then the remaining applications of that provision to all o…

6-3901. SHORT TITLE. This chapter shall be known and may be cited as the "Uniform Public Expression Protection Act."

6-3902. scope. (1) As used in this section: (a) "Goods or services" does not include the creation, dissemination, exhibition, or advertisement or similar promotion of a dramatic, literary, musical, political, journalistic, or artistic work. (b) "Governmental unit" means a public …

6-3903. special motion for expedited relief. No later than sixty (60) days after a party is served with a complaint, cross-claim, counterclaim, third-party claim, or other pleading that asserts a cause of action to which this chapter applies, or at a later time on a showing of go…

6-3904. stay. (1) Except as otherwise provided in subsections (4) through (7) of this section, upon the filing of a motion pursuant to section 6-3903, Idaho Code: (a) All other proceedings between the moving party and responding party, including discovery and a pending hearing or…

6-3905. Hearing. (1) The court shall hear a motion pursuant to section 6-3903, Idaho Code, no later than sixty (60) days after filing of the motion, unless the court orders a later hearing: (a) To allow discovery pursuant to section 6-3904(4), Idaho Code; or (b) For other good ca…

6-3906. Proof. In ruling on a motion pursuant to section 6-3903, Idaho Code, the court shall consider the pleadings, the motion, any reply or response to the motion, and any evidence that could be considered in ruling on a motion for summary judgment pursuant to applicable court …

6-3907. dismissal of CAUSE OF ACTION IN WHOLE OR PART. (1) In ruling on a motion under section 6-3903, Idaho Code, the court shall dismiss with prejudice a cause of action, or part of a cause of action, if: (a) The moving party establishes pursuant to section 6-3902(2), Idaho Cod…

6-3908. ruling. The court shall rule on a motion pursuant to section 6-3903, Idaho Code, no later than sixty (60) days after a hearing pursuant to section 6-3905, Idaho Code.

6-3909. appeal. A moving party may appeal as a matter of right from an order denying, in whole or in part, a motion pursuant to section 6-3903, Idaho Code. The appeal shall be filed within forty-two (42) days after entry of the order pursuant to applicable court rule.

6-3910. costs, attorney’s fees, and expenses. Upon a motion pursuant to section 6-3903, Idaho Code, the court shall award court costs, reasonable attorney’s fees, and reasonable litigation expenses related to the motion: (1) To the moving party if the moving party prevails on the…

6-3911. construction. This chapter shall be broadly construed and applied to protect the exercise of the right of freedom of speech and of the press, the right to assemble and petition, and the right of association, guaranteed by the constitution of the United States and the cons…

6-3912. Uniformity of application and construction. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

6-3913. transitional provision. The provisions of this chapter shall apply to a civil action filed or cause of action asserted in a civil action on or after January 1, 2026.

6-3914. savings clause. The provisions of this chapter shall not affect a cause of action asserted before January 1, 2026.

6-3915. severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to t…