Idaho House passes bill allowing death penalty for child sex abusers

BOISE, Idaho (KMVT/KSVT) — The Idaho House of Representatives unanimously passed House Bill 380 on Monday, which would allow the death penalty for adults who sexually abuse children age 12 and under.

Rep. Bruce Skaug (R-12), the bill’s sponsor, argued that Idaho is one of the least harsh states in the nation for sentencing convicted child molesters. He stated that his legislation would amend the current Idaho code regarding lewd conduct with a minor.

The bill proposes the creation of a new offense, aggravated lewd conduct with a minor under or at the age of 12.

“If two of the aggravating factors are present, the offender faces a 30-year minimum or the death penalty,” Skaug said.

The bill listed more than a dozen aggravating factors, including committing lewd conduct against the same victim at least three separate times.

However, organizations like Death Penalty Action question if the bill is ethical, arguing that Idaho can hold offenders accountable without death.

“We are talking about asking somebody that young, that’s already been traumatized deeply, to put themselves back through that process,” said Executive Director of Death Penalty Action, Abraham Bonowitz. “To relive it in front of a whole audience of people against a person who is from their own family, in many cases.”

Skaug disagreed, stating that Idaho has a good victim witness coordinator program to decrease trauma.

“But what’s more traumatizing than being raped violently?” Skaug asked. “That’s what this is about, it’s for the victim. This bill is a child’s bill, it empowers the victims.”

Death Penalty Action also said that the bill will possibly be found unconstitutional by the U.S. Supreme Court.

“The U.S. Supreme Court has not looked favorably at any crime that is not homicide,” Bonowitz said.

But Skaug said that is what the state wants.

“We want this to go to the Supreme Court so we can change, so states can opt to have the death penalty for these most heinous and awful crimes against children,” Skaug said.

Florida is the only state with a law similar to HB 380. Five other states are considering the same measures.

The bill now waits to be debated in the Idaho Senate.

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