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Senate adopts bill creating aggravated lewd-conduct offenses; death penalty possible for the worst cases
Summary
After extended debate on policy and constitutional grounds, the Senate passed House Bill 3 80 to add aggravated-lewd-conduct offenses for crimes against children and to create mandatory minimum sentences and, in the most extreme cases, allow life or death sentencing. Final vote: 30–5 in favor.
The Idaho Senate on March 24 passed House Bill 3 80, legislation that creates new aggravated offenses for lewd conduct against minors and establishes mandatory minimums and, under specified aggravating factors, life or death sentencing for the most serious cases.
Sponsor Senator Ricks told colleagues the bill was drafted by Idaho prosecutors to address “crimes against innocent children that are quite frankly too horrific to mention in debate,” adding that the measure creates aggravated-lewd-conduct offenses for two age brackets and attaches escalating mandatory minimums when aggravating factors are proved. “This legislation establishes a strong deterrent, making it clear that Idaho will not tolerate these offenses,” Ricks said on the floor.
Under the bill, for offenses against children ages 13–15, two aggravating factors can trigger a 25‑year mandatory minimum. For offenses against a child 12 or younger, two aggravating factors trigger a 30‑year mandatory minimum; three aggravating factors can expose the defendant to life in prison or the death penalty. The bill enumerates aggravating factors drawn from other states’ laws — including supervisory control over a victim, use of position of trust and other listed circumstances — and provides that courts may consider those factors at sentencing.
Senators debated the measure at length. Opponents expressed grave concerns about invoking the death penalty and urged alternatives that would keep offenders incarcerated for life without imposing capital punishment. Senator Foreman said the state can protect society without using the death penalty and highlighted the risk of wrongful convictions and irreversible error. Senator Nichols and others argued for a strong message against child abuse and supported the bill. Senator Rekx and several others referenced the likelihood of constitutional challenges under U.S. Supreme Court precedent.
After closing debate the Senate recorded a roll-call vote: 30 senators in favor, five opposed. The majority having voted to pass the bill, House Bill 3 80 passed the Senate and will be returned to the House of Representatives. Proponents said the bill is intended to target only the “worst of the worst,” and sponsors acknowledged the measure could face constitutional litigation going forward.
Votes at a glance: House Bill 3 80 — Passed Senate 30–5.
