By Ruth Brown, Idaho Reports
The Idaho House of Representatives unanimously passed a bill Monday that would make the crime of lewd conduct with a child younger than age 12, with aggravating circumstances, punishable by the death penalty.
The bill, HB 380, also creates a new mandatory minimum of 25 years for the crime of lewd conduct with a child ages 13 to 15. The option of pursuing the death penalty would be left to the individual county prosecutor in cases where the child is 12 or younger.
Lewd conduct with child younger than age 16 is currently punishable by up to life in prison.
Rep. Bruce Skaug, R-Nampa, sponsored the bill with House Assistant Majority Leader Josh Tanner, R-Eagle.
“Unfortunately, Idaho has some of the lightest or more lenient of statutes for rape of a child in the nation,” said Skaug, chairman of the House Judiciary and Rules Committee.
The bill outlines a series of 17 aggravating factors that make a suspect eligible for the death penalty, including the victim being kidnapped, being a victim of human trafficking, engaging in the act three or more times, and other circumstances.
If a jury, or the court if a jury is waived, finds two aggravating circumstances beyond a reasonable doubt and if the death penalty is not sought, the court shall impose a life sentence with a minimum period of no less than 30 years in prison.
Skaug said five other states are trying to impose similar laws to allow for the death penalty in child sexual assault cases. He also acknowledged that a Louisiana court found it unconstitutional to execute a person for a sex crime and the bill, should it become law, would likely be challenged.
Tanner told Idaho Reports that the Office of the Public Defender did not oppose this bill, as they did a similar bill last year, because this bill included the aggravating factors and gives prosecutors the option of pursuing the death penalty, as opposed to mandating it.
“This gives the tools in the toolbelt for our prosecutors to be able to deal with these types of heinous crimes,” Tanner said.
This bill passed the House less than a week after Gov. Brad Little signed a new law that makes Idaho the only state in the country to use the firing squad as its primary method of execution.
Rep. John Gannon, D-Boise, supported the bill, though seven people were absent from the vote, including other Democrats who have voiced opposition to the death penalty and mandatory minimums in the past.
“I see it as extremely important that those who have that proclivity (attraction to children) go, now, get your help before and let’s not have to ever use this bill because you did the right thing,” said Gannon.
The crime of lewd conduct with a child is much more common than first-degree murder, which is currently the only state crime punishable by death in Idaho.
In 2022 alone, Idaho prosecutors filed 217 cases charging adults with lewd conduct with a child under 16. It’s unclear how many of those children were 12 or younger.
The bill now heads to the Senate.
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.