by WorldTribune Staff, April 7, 2025 Real World News
Criminals convicted of lewd conduct with children under 12 years of age could face the death penalty under a bill signed by Idaho Gov. Brad Little.
The bill, HB380, grants a judge or jury the ability to factor in the death penalty when crimes involving lewd conduct to a child under the age of 12 are proven in a trial. Idaho law initially only allowed the death penalty in first-degree murder cases with aggravating circumstances.
A mandatory minimum sentence of 25 years imprisonment, with a possible maximum term of life, may be imposed if the defendant is found guilty of kidnapping the victim or participating in human trafficking “during the commission of or to accomplish the lewd conduct,” according to the bill’s language, strengthening punishments for other convictions where obscene behavior against a minor — aged 16 and younger — was confirmed but didn’t meet death penalty eligibility.
The law goes into effect on July 1.
Republican state Rep. Bruce Skaug, who co-sponsored the bill with House Assistant Majority Leader Josh Tanner, said in a House Judiciary, Rules and Administration Committee meeting that HB380 “establishes a strong deterrent, making it clear Idaho will not tolerate these offenses.”
After signing the bill into law Little, a Republican, said: “Just like capital murder destroys lives, aggravated sexual abuse of a young child devastates victims and families for generations. The sexual abuse of children is sickening and evil, and perpetrators convicted of these crimes deserve the ultimate punishment.”
Little expressed gratitude to the state Legislature “for strengthening Idaho’s already powerful ‘tough on crime’ reputation among the states.”
Idaho is expecting legal challenges to the legislation.
In 2008, the U.S. Supreme Court ruled out the death sentence for child rape in a 5-4 decision. The justices at the time concluded that it was “not a proportional punishment for the rape of a child” and that it violated the Eighth Amendment’s ban on cruel and unusual punishment, as former Justice Anthony Kennedy stated, according to The New York Times.
The decision stemmed from the case Kennedy v. Louisiana, where a Louisiana court found Patrick Kennedy guilty of raping his 8-year-old stepdaughter. The state Supreme Court upheld the district court decision to pursue the death penalty, ultimately leading Kennedy to appeal to the U.S. Supreme Court, where its decision was made.
Skaug told lawmakers during a committee meeting that he believes the U.S. Supreme Court would rule differently today if the constitutionality of HB380 was brought before them, the Idaho Capital Sun reported.
“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,” Skaug said. “That’s my professional opinion. That’s the opinion of many other attorneys.”
In the past two years, Tennessee and Florida have passed death penalty laws involving child rape cases.
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