Idaho Code § 18-5614: soliciting commercial sexual activity.

(1) A person is guilty of soliciting commercial sexual activity when he or she:

(a) Pays, offers, or agrees to pay another person a fee for the purpose of engaging in sexual contact; or

(b) Offers a third person to engage in, or agrees to provide a third person to engage in, sexual contact in return for a fee.

(2) Soliciting commercial sexual activity shall be a misdemeanor, provided that a second or subsequent conviction therefor shall be a felony. Any person convicted of a misdemeanor violation of this section shall be sentenced to a minimum period of confinement of five (5) days in jail and may be sentenced to up to one (1) year in jail or fined up to two thousand dollars ($2,000), or both. The minimum period of confinement shall be served in a county jail, and a court shall not have the power to suspend, withhold, retain jurisdiction over, or commute the minimum period of confinement imposed pursuant to this section.