H03802025 Regular Session✓ Signed into law

Amends and adds to existing law to establish provisions regarding the crime of aggravated lewd conduct with a minor child under sixteen, to establish provisions regarding the crime of aggravated lewd conduct with a minor child twelve or under, and to provide a punishment for the crime of aggravated lewd conduct with a minor child twelve or under.

LEWD CONDUCT -- Amends and adds to existing law to establish provisions regarding the crime of aggravated lewd conduct with a minor child under sixteen, to establish provisions regarding the crime of aggravated lewd conduct with a minor child twelve or under, and to provide a punishment for the crime of aggravated lewd conduct with a minor child twelve or under.

LEWD CONDUCT

IntroducedIn CommitteeFloor VoteEnacted

STATEMENT OF PURPOSE

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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. This legislation details the special sentencing proceeding, evidence presentation, and jury instructions. It specifies the statutory aggravating circumstances that must be proven for a death penalty sentence. Additionally, it addresses the notice of intent, by the prosecutor, to seek the death penalty and minimum periods of confinement.

FISCAL NOTE

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Death penalty cases are rarely charged in Idaho, and more rarely taken to jury trial. Thus, it is difficult to assess the fiscal note. This legislation may cause indeterminate additional expenditure of funds at the state or local level depending on the extent of litigation. The State Public Defender's Office will have additional expenditure should a defendant be assigned a public defender by the court.

SOP revised: 03/25/2025, 3:38 PM