Committee advances H380 to floor, creates aggravated offenses and mandatory minimums for lewd conduct with minors

The Judiciary, Rules and Administration Committee voted to send House Bill 380 to the floor with a due-pass recommendation after a presentation by the sponsor and testimony from prosecutors, victims and other witnesses.

Representative Hill, the bill sponsor, said, “This bill introduces critical updates to Idaho's lewd conduct with a minor statute.” Hill told the committee the proposal creates new aggravated offenses and mandatory minimums for the most severe crimes, and that it was revised after consultation with the Idaho Prosecuting Attorneys Association.

Under the bill as presented, there would be no change for cases that lack aggravating factors; the bill targets “the worst of the worst,” Hill said. Key provisions described in committee include a new offense of aggravated lewd conduct for conduct involving victims ages 13 to 15 that, when two aggravating factors are present (examples discussed include kidnapping or serious bodily injury), would carry a 25‑year mandatory minimum. A separate aggravated offense for crimes against victims under age 12 would carry a 30‑year mandatory minimum when two aggravating factors are proved; the sponsor said that if three aggravating factors are present penalties could include life or the death penalty, mirroring measures in some other states.

Witnesses who testified in favor included Mark Eaton, a retired corrections lieutenant who told the committee he favored the death penalty for certain child predators; Holly Rebholz, a deputy prosecutor from the Ada County Prosecutor's Office, who testified on behalf of the Idaho Prosecuting Attorneys Association and voiced support for the sentencing enhancements in sections 1 and 2 of the bill; and John Dinger, supervisor of the Ada County prosecuting office's sex‑crimes unit, who explained charging mechanics and how aggravated counts and notice of aggravating factors would operate in practice. Dinger said prosecutors could choose not to pursue aggravated enhancements in cases where a victim could not testify and instead charge ordinary lewd‑and‑lascivious conduct to avoid retraumatizing victims.

Several survivors and members of the public also testified in support. Whitney Strain described long-term trauma she says followed childhood sexual abuse; Daniel Murphy and others urged the committee to adopt the bill's harsher penalties. Representative Hawkins moved that the committee send H380 to the floor with a due‑pass recommendation; the motion carried.

Committee discussion touched on constitutional limits. Representative Hill cited Kennedy v. Louisiana (2008), the U.S. Supreme Court case that struck down capital punishment for a child‑rape conviction in that factual posture, and said proponents believe a different Court might reach a different outcome if the issue returns to the high court. Committee members also asked about clarity of statutory definitions and the risk of plea bargaining in cases with mandatory minimums; John Dinger explained that the bill requires notice of aggravating circumstances in charging documents and that prosecutors retain the option to charge non‑aggravated offenses in appropriate cases.

No formal roll‑call tally was recorded in the transcript; the chair announced the motion carried and H380 was sent to the House floor with a due‑pass recommendation.