Certain sex crimes against children could become punishable by death in Idaho under a new bill passed by the state's House of Representatives.
House Bill 515 states that sex crimes committed against children under 12 years of age could be punished by death. (Related: Idaho passes law criminalizing transgender mutilation of children).
H.B. 515 allows for the death penalty to be imposed upon individuals in cases of lewd conduct with children under the age of 12 and with "a statutory aggravating circumstance" that the court proves "beyond a reasonable doubt," reads parts of the bill.
Bill co-sponsor State Rep. Bruce Skaug (R-Nampa) told State House lawmakers that the death penalty would be reserved for the most heinous cases, like repeat offenders. Other offenders would be sentenced to life imprisonment.
"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," said Skaug. "It would be very rare that this case would happen, but it will happen. And I say to you when you see that case, you read about it in the newspaper you’re going to say this is the one case this needs to happen."
The Idaho House of Representatives passed the bill by a vote of 57 in favor and 11 against. All Democrats voted against. Only one Republican – Rep. Jack Nelsen (R-Gooding) voted against the measure. It will now advance to the state Senate for committee review. The Republican-dominated upper house is expected to pass the bill without much trouble.
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First-degree murder currently the only crime punishable by death in Idaho
Idaho law currently only allows the death penalty in cases of first-degree murder. The state has not performed an execution since June 2012.
Skaug, responding to concerns that H.B. 515 might be seen as unconstitutional, believes the current conservative-dominated Supreme Court could reach a different decision on the matter.
The Supreme Court in 2008 blocked the death penalty as a punishment for crimes in which the victim did not die – including child rape where the kid survives – in the Kennedy v. Louisiana case.
"Well, there's constitutional and there's constitutional. Depends on the court of the day,” Skaug, an attorney, told House lawmakers.
Only eight Idaho prisoners are on death row, according to the Idaho Department of Correction. At least one of them could be executed before the end of the month. Skaug believes fewer than eight child rape cases could end with the perpetrator ending up on death row under the new bill.
“It would be very rare that this case would happen. It’d be very rare that a prosecutor would take this kind of case and ask for the death penalty, but it will happen. And I say to you that when you see that case, you read about it in the newspaper, you’re gonna say, ‘This is the one case that this needs to happen,’” Skaug said.
The legislation’s sponsors hope the U.S. Supreme Court reviews the bill if it becomes law, and therefore issue a ruling that would expand the eligibility for the death penalty.
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Watch this video discussing how pedophiles in Idaho could be executed for their crimes.
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