Idaho House passes child sex abuse death penalty bill challenging U.S. Supreme Court decision

BOISE, Idaho (KIFI) - Monday, the Idaho House voted unanimously to pass a bill that would allow death penalty sentences for adults convicted of sexually abusing children ages 12 and younger.

The bill's sponsor, Rep. Bruce Skaug, R-Nampa, says House Bill 380 is intended to amend existing law defining "aggravated rape" beyond "lewd and lascivious conduct," and to create harsher punishments for adults convicted of the most heinous of those crimes involving young children.

"There is nothing more evil than a rape of a child," said Skaug. "Unfortunately, Idaho has some of the lightest or most lenient statutes on rape of a child in the nation."

The proposed legislation would create a new offense: Aggravated lewd conduct with a minor 12 and under."

The bill would create a mandatory minimum sentence of 25 years for individuals convicted of aggravated lewd conduct with a minor ages 13 to 15. Offenders charged with the rape of a child ages 12 or under would face a 30-year minimum sentence or the death penalty.

Skaug told members of the House the death penalty would rarely be sought under the bill.

Potential Supreme Court opposition

The bill brings a constitutional challenge. The U.S. Supreme Court declared the death penalty unconstitutional in child rape cases in the 2008 decision of Kennedy v. Louisiana.

In the 2008 case, Skaug says the 8-year-old victim required reconstructive surgery to recover.

In 2023, Florida Governor Ron Desantis passed a bill challenging the Supreme Court decision. Last year, Tennessee followed suit, authorizing the death penalty for child sexual assault.

"We believe that if this gets to the U.S. Supreme Court, it will turn around the other direction, a state's rights issue, that we can go after the most heinous criminals as we see fit," said Skaug.

Idaho House Assistant Majority Leader Rep. Josh Tanner, R-Eagle, told members of the House the 2008 Supreme Court got the decision wrong.

"It shocked me that they could get it so wrong, that you could rape an eight-year-old girl in a way that she had to have massive surgery just to get by from the aspect of the physical damage, let alone the mental emotional damage that they deal with for, for decades after this," said Tanner. "I don't think this is necessarily a good bill. I think this is just a necessary bill that we have to do to protect the children of this great state."

Besides Idaho, Skaug says five other states are seeking to pass similar bills instituting the death penalty in cases of child rape.

"Hearing no negative debate."

Four Idaho representatives spoke in support of the bill. No lawmaker spoke in opposition to the legislation on the House floor.

The bill passed 63-0 with 7 representatives absent.

HB 380 now moves to the Idaho Senate for further approval.