The Idaho State House and Senate recently passed a bill that would allow individuals convicted of sexually abusing children 12 years old and younger to be sentenced with the death penalty.
Idaho’s “House Bill 380” would make aggravated lewd conduct with children ages 12 and younger a criminal charge punishable by the death penalty. The legislation would also establish a minimum prison sentence that would be mandatory for individuals convicted of aggravated lewd conduct with minors under 16 years old if the cases do not match the bill’s requirements for the death penalty sentence.
Idaho Capital Sun reported that the new legislation recently passed the Idaho House with 63 votes and subsequently passed the Idaho Senate with a vote of 30-5. The outlet noted that the legislation will now be sent to Gov. Brad Little (R-Idaho), who will have five days, not including Sundays, to sign the bill, veto it, or allow it to go into effect without signing it. According to Idaho Capital Sun, the bill is currently scheduled to take effect on July 1 if it is signed into law by the governor.
Under Idaho’s current law, the death penalty is only used as a potential sentence for first-degree murder with aggravating circumstances.
The new legislation’s “Statement of Purpose” behind House Bill 380 states, “The State of Idaho is one of the least harsh in the nation for sentencing of convicted child molesters. This legislation amends Idaho Code 18-1508 regarding the crimes of lewd conduct with a minor child under the age of sixteen (16). It allows for a jury or judge to impose the death penalty on a person convicted of certain sexual crimes against children when certain statutory aggravating circumstances are proved.”
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Addressing Idaho’s Senate, State Senator Doug Ricks, who co-sponsored the new child sexual abuse legislation, said, “Unlike most states, Idaho currently lacks mandatory minimum sentences for these horrific crimes — meaning judges have the discretion to place the worst offenders on probation.”
Ricks explained that the new bill “ensures that those who commit the most severe offenses against children face significant consequences, sending a clear message that Idaho will not tolerate the sexual abuse of minors, especially our children.”
While the Idaho House unanimously voted to pass the legislation and the majority of the Idaho Senate voted in favor of the bill, Idaho Senate Minority Leader Melissa Wintrow, a Democrat, voted against the implementation of the death penalty for child sex abuse.
Warning that the new legislation significantly changes Idaho’s policies, Wintrow said, “Unfortunately, I only heard from four sources regarding this bill. And that feels very uncomfortable, when I think we need a vigorous and long debate and discussion.”
