Idaho Bill Permits Death Penalty for Some Crimes Against Children

The Idaho State Legislature approved a bill that would permit the use of the death penalty for those convicted of sexually abusing children 12 and younger.

The bill is now going to Governor Brad Little’s (R) desk. Should Little sign the bill, it would take effect on July 1.

“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,” State Senator Doug Ricks (R), a co-sponsor of the bill, said, as per the Idaho Capital Sun. “This legislation 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.”

House Bill 380 says that “every person eighteen years of age or older guilty of aggravated lewd conduct with a minor child twelve years of age or under shall be punished by death or by imprisonment for life, provided that a sentence of death shall not be imposed unless the prosecuting attorney filed written notice of intent to see the death penalty…”

The Supreme Court blocked the death penalty for child rape in 2008.

“You can say, ‘Well, that’s unconstitutional, Bruce. Why would you bring that?’ Well, it was — according to a 5-4 decision in 2008. I don’t think that would be the case today,” State Rep. Bruce Skaug (R) stated. “That’s my professional opinion. That’s the opinion of many other attorneys.”

Similar bills have been passed in Florida and Tennessee.

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