On Tuesday, the Idaho House of Representatives approved House Bill 515, which proposes expanding the death penalty to cover severe sex crimes committed against children under the age of 12.
According to The Idaho Capital Sun, this legislative move is supported by Republican lawmakers and focuses on especially heinous offenses, possibly involving repeat offenders.
Rep. Bruce Skaug (R-Nampa), one of the bill’s co-sponsors, highlighted its aim to combat the most disturbing forms of criminal behavior targeting children.
“There is a deep, dark, dark side in our culture. And it’s our job to protect the children. There are times when things are so wicked that retribution is appropriate,” Skaug said, underlining the necessity for such legal measures.
The bill was passed on a 57-11 vote.
The bill states, “This legislation amends Idaho Codes 18-1508 and 19-2515 to allow a sentence of capital punishment for a person convicted of lewd conduct with a minor, if said minor is under the age of twelve (12) and there are aggravating circumstances. Upon conviction, a jury will make the decision of whether to implement the death penalty. A judge may decide the sentence if a jury is waived by the defendant.”
The bill is intended to modify Section 18-1508 of the Idaho Code, specifically addressing lewd conduct involving minors below the age of sixteen.
The revised legislation prohibits any inappropriate or suggestive actions committed against a child under twelve years old, including both genital-genital contact and oral-genital contact. These amendments emphasize the state’s commitment to protecting the well-being and innocence of minors from harmful behaviors.
Additionally, the bill also revises sentencing provisions in capital cases and aggravating circumstances as stated in Section 19-2515 of the Idaho Code. The objective is to ensure that appropriate penalties are imposed when individuals are convicted of atrocious crimes against minors.
To highlight its urgency, an emergency declaration is attached to the bill, with an effective date set for July 1, 2024.
Despite concerns regarding the constitutionality of such measures and considering the U.S. Supreme Court’s ruling in Kennedy v. Louisiana in 2008 that prohibited imposing the death penalty for child rape, attorney Skaug remains optimistic about a potential different outcome with the current Supreme Court.
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