Idaho Governor Brad Little has signed a bill into law that makes individuals who sexually abuse young children eligible for the death penalty. This move comes despite a 2008 U.S. Supreme Court ruling that blocked death penalties for child rape.
House Bill 380 creates a new crime called aggravated lewd conduct with children age 12 and younger, for which the death penalty can be applied. The bill also establishes mandatory minimum prison sentences for similar crimes involving minors aged 13 to 15, with a minimum sentence of 25 years.
Governor Little stated that he signed the bill because “heinous sex crimes against children destroy lives, and the perpetrators deserve the ultimate punishment.” The bill passed the Idaho Legislature with significant support, receiving unanimous approval in the House and only five opposing votes in the Senate.
The bill’s sponsor, Rep. Bruce Skaug, noted that Idaho has some of the most lenient child rape laws in the nation. He believes the U.S. Supreme Court might rule differently today than it did in 2008.
However, the American Civil Liberties Union of Idaho strongly opposes the bill, citing concerns about wrongful convictions and racial disparities in the criminal justice system. The law is set to take effect on July 1.
Idaho currently has nine people on death row, and the state recently passed a law making firing squads its primary execution method. This child sex abuse bill is the second attempt by Rep. Skaug and others to introduce such legislation, following a previous bill that passed the House but did not advance in the Senate last year.
The new law outlines specific aggravating factors that must be present for prosecutors to seek the death penalty, which will only apply to cases involving children under the age of 12. Public testimony has been largely supportive, though some critics argue that the bill could expose victims to prolonged trauma and does not address Idaho’s shortage of qualified death penalty defense attorneys.
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