Idaho to implement death penalty for child molesters

The Idaho State Legislature has approved a bill that would permit the death penalty for adults convicted of sexually abusing children aged 12 and younger. The legislation now heads to Governor Brad Little for his signature.

The bill establishes a new criminal charge—aggravated lewd conduct with children age 12 and younger—punishable by execution. It also introduces a mandatory minimum prison sentence for aggravated lewd conduct involving minors up to age 16 in cases that do not meet the death penalty criteria.

The bill passed overwhelmingly in the Idaho Senate on Monday by a 30-5 vote, following unanimous approval in the House last week. Governor Little has five days, excluding Sundays, to either sign the bill into law, veto it, or allow it to take effect without his signature. If enacted, the law would go into effect on July 1, according to a report by the Idaho Capital Sun.

“Unlike most states, Idaho currently lacks mandatory minimum sentences for these horrific crimes — meaning judges have the discretion to place the worst offenders on probation,” State Senator Doug Ricks, a co-sponsor of the bill, told members of the Senate. "This legislation ensures that those who commit the most severe offenses against children face significant consequences, sending a clear message that Idaho will not tolerate the sexual abuse of minors, especially our children."

Ricks acknowledged that the bill is likely to face constitutional challenges. In the 2008 case Kennedy v. Louisiana, the Supreme Court ruled that the death penalty for child rape is unconstitutional. However, several states, including Florida and Tennessee, have recently passed similar legislation in an effort to challenge the ruling.