26 March 2025 :
March 24, 2025 - Idaho. Legislature widely approves child sex abuse death penalty bill, sending it to governor
State law only allows the death penalty in first-degree murder cases with aggravating circumstances
A bill to allow the death penalty for adults who sexually abuse children age 12 and younger in Idaho is headed to Idaho Gov. Brad Little for final consideration.
House Bill 380, cosponsored by Rep. Bruce Skaug, R, and House Assistant Majority Leader Josh Tanner, R, would allow the death penalty in a new criminal charge the bill creates: aggravated lewd conduct with children age 12 and younger.
The bill also would add mandatory minimum prison sentences for cases of aggravated lewd conduct with minors — which would only apply to abuse of children age 16 and below — that don’t meet the bill’s proposed criteria for death penalty eligibility.
The Idaho Legislature widely passed the bill this year. The Idaho Senate passed the bill Monday on a 30-5 vote, with opposition from 3 Senate Democrats and 2 Senate Republicans. Last week, the Idaho House unanimously passed the bill, with 63 votes in favor and seven lawmakers absent.
When the bill is transmitted to Gov. Brad Little, he has 5 days, excluding Sundays, to decide on it. He has 3 options: sign it into law, allow it to become law without his signature, or veto it. If passed into law, the bill would take effect July 1.
The U.S. Supreme Court in 2008, with a 5-4 decision, blocked death penalties for child rape in Kennedy v. Louisiana.
Florida passed a child rape death penalty law 2 years ago. Last year, Tennessee passed a child rape death penalty law.
Bracing for a legal challenge to the bill, Skaug told lawmakers he expects the U.S. Supreme Court would rule differently.
