Senate committee advances bill creating aggravated lewd-conduct crimes and adding narrow death-penalty pathway

A Senate Judiciary and Rules Committee advanced House Bill 380 on a do‑pass vote, approving new aggravated lewd‑conduct offenses and a limited death‑penalty pathway for the most aggravated child‑sex offenses.

The bill, introduced by Representative Bruce Scogg, District 10, creates a new aggravated lewd‑conduct offense for certain crimes against minors aged 13–15 that requires proof of two aggravating factors and carries a minimum 25‑year sentence when those factors are found. It also creates aggravated lewd conduct for victims aged 12 and younger; if prosecutors prove two of the specified aggravating factors the bill establishes a 30‑year minimum sentence and, if three aggravating factors are proven, the statute allows prosecutors to seek the death penalty.

Supporters including prosecutors and victim‑advocacy organizations told the committee these provisions target the "worst of the worst." Holly Rebholz, deputy prosecuting attorney, Ada County Prosecutor's Office, told senators the aggravating factors were developed after reviewing other states’ laws and consulting prosecutors and said the measure was drafted to avoid over‑capturing less serious cases. Robert Gillis of Idaho Tough on Crime said the bill would send a deterrent message, noting an informal poll of his organization's followers showed strong support.

Opponents, including David Martinez of the Idaho Association of Criminal Defense Lawyers, said the bill is overbroad, risks subsuming ordinary lewd‑conduct prosecutions into the aggravated category, could increase underreporting, and would impose substantial fiscal costs on the justice system. Martinez told the committee capital cases can cost “millions of dollars per case” in pretrial and appellate work and said Idaho lacks sufficient capital‑case counsel. He urged senators to vote no.

Representative Scogg and several prosecutors referenced other states that have adopted similar statutes and acknowledged the measure will prompt constitutional litigation — including a likely challenge invoking the U.S. Supreme Court’s Kennedy v. Louisiana decision. Scogg said sponsors foresee test cases and described the provision as targeted to the most egregious, violent child‑sex offenses.

The committee adopted a motion from Senator Keiser to send House Bill 380 to the floor with a do‑pass recommendation. The motion was seconded by Senator Shippey and carried; Senators Wintrow and Foreman recorded "no" votes.