Legislation targets Idaho Son of Sam law

BOISE — The Senate’s Judiciary and Rules Committee on Monday heard a bill that seeks to implement a new “Son of Sam” law, updating existing legislation that has been in place in Idaho since 1978. 

Statutes bearing this name were initially passed across dozens of states following the Son of Sam murders in the late '70s to redirect profits criminals earn from the coverage of their crimes to their victims. 

Sen. Tammy Nichols, R-Middleton, said her bill intends to modernize Idaho statute and respond to recent “high-profile” crimes in the state that have drawn national attention. 

Though not referencing particular crimes in her legislation, the 2022 killings at the University of Idaho and the 2025 ambush of firefighters in Coeur d’Alene were two that have recently drawn national media headlines. 

In her presentation of the bill, Nichols noted that many of the state Son of Sam statutes have since been struck down on grounds that they violate the First Amendment, and that while Idaho’s current law on criminals reaping profit remains in place, there remain “constitutional risks in Idaho’s statute.”

To address this concern, the legislation makes explicit that the bill does not apply to the content of expression — only to the revenue derived from a crime’s publicity.

Beyond adequate constitutional protections, Nichols said Idaho’s current law lacks protections against ongoing royalties, streaming content and new forms of digital monetization that the bill seeks to address.

The legislation, as written, would require anyone who pays an offender for an appearance or otherwise “exploits the notoriety of a crime” to send the payment to the Idaho State Treasurer, who will hold it in an escrow account. Victims of crimes can file claims for these funds during the escrow period, which lasts five years unless extended by court order.

The limited exceptions for payment to criminal perpetrators are as follows:

• Payments for legal services

• Works of art or fiction that briefly mention the crime

• Regular wages or income not related to the crime

• Money earned before the crime was committed

• News or documentary works created “mainly to inform or educate” with an offender paid “only normal interview fees.”

The bill was “sent to print” out of committee and will be due for a public hearing at a later date.