Proposed Idaho state law could make some lies a felony crime with prison time

House Speaker Mike Moyle introduced the bill on Friday, which would prohibit a person "with actual malice" from publishing a false statement about another person.

The bill also defines "publish" as "communicate to a person or persons."

Moyle shared an example with the outlet, explaining that it would be illegal to yell "fire" in a crowded room if there wasn't a fire.

If the bill passes, the penalty would be up to a $100,000 fine, up to five years in prison, or both prison and a fine.

The outlet reported that the bill would also allow the attorney general or county prosecuting attorney to pursue prosecution if the statement is made about a state elected official or state employee in regard to their official conduct.

The House State Affairs Committee unanimously introduced the bill. However, Rep. Bruce Skaug, R-Nampa, said he would like a legal analysis of the potential First Amendment issues the bill could raise. 

"My concern is that if you make every liar a felon, then we're going to be in a lot of trouble, not enough room in our jails," Skaug said.

Libel in Idaho code is currently defined as "malicious defamation," which is expressed in order to "blacken the memory of one who is dead, or to impeach the honesty, integrity, virtue or reputation, or publish the natural or alleged defects, of one who is alive, and thereby to expose him to public hatred, contempt or ridicule."