By Ruth Brown, Idaho Reports
The House Judiciary, Rules and Administration Committee introduced a bill Wednesday that could make lewd conduct with a child younger than age 12 punishable by up to death.
Rep. Josh Tanner, R-Eagle, brought the bill forward. Currently, the only crime punishable by death in Idaho is murder.
The bill amends Idaho Code 18-1508, the statute addressing felony lewd conduct with a minor child under 16. Tanner’s bill would allow the use of the death penalty if the child involved is younger than age 12.
During the hearing, Tanner did not explain why he believed the change was necessary, and the committee did not ask any questions before voting to introduce the bill.
Most states in the country that allow the use of the death penalty only use it for murder convictions.
In 2008, the United States Supreme Court found in Kennedy v Louisiana that sentencing a person to death for any crime other than homicide or crimes against the state, such as terrorism, is unconstitutional per the Eighth Amendment’s right against the infliction of cruel and unusual punishment.
In that case, at the time, Louisiana permitted use of the death penalty in sentencing for the rape of a child younger than 12.
Tanner’s bill must still get a committee hearing before moving forward. Chairman Bruce Skaug, R-Nampa, is listed as a co-sponsor.
Ruth Brown | Producer
Ruth Brown grew up in South Dakota and her first job out of college was covering the South Dakota Legislature. She’s since moved on to Idaho lawmakers. Brown spent 10 years working in print journalism, including newspapers such as the Idaho Statesman and Idaho Press, where she’s covered everything from the correctional system to health care issues. She joined Idaho Reports in 2021 and looks forward to telling stories about how state policy can impact the lives of regular Idahoans.