Idaho child sex abuse death penalty bill gains wide legislative approval

BOISE, Idaho (KIFI) - A bill that would allow death penalty sentences for adults convicted of sexually abusing children ages 12 and younger has passed the Idaho Legislature with wide support. The bill is now headed to Governor Brad Little for final consideration.

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."

The bill's sponsor, Rep. Bruce Skaug, R-Nampa, says proposed legislation would create and allow the death penalty under the 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.

Monday, the Idaho Senate voted 30-5 to approve the bill. The move comes only a week after the Idaho House voted unanimously to pass the bill, with 63 lawmakers in support.

For more information on the bill and Skaug's explanation in the Idaho House, click HERE.

"Obligation and responsibility to protect children"

Senator Doug Ricks, R-Rexburg, told members of the assembly that Idaho has some of the most lenient sentences in the nation for child sex abuse crimes. He says the legislation would make it clear that Idaho will not tolerate "egregious" crimes against children.

"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," Ricks 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."

In debate, Senator Melissa Wintrow, D-Boise, agreed that harming a child is abhorent and the penalty should be severe. However, Winthrow says the legislation would represent a major policy shift for the state.

"I'm questioning what is a state's role. Is it retribution, or is it accountability?" asked Wintrow. "I think we need a vigorous and long debate and discussion prior about what are the implications. If we were to do this."

Wintrow told members of the Senate there has been a lack of discussion surrounding elements of the bill, and the state can already pursue the death penalty.

Under current Idaho law, the death penalty is only allowed in first-degree murder cases with aggravating circumstances. 

"You cannot recall someone from the grave."

Two Senate Republicans joined Democratic senators in opposing the bill. Republican Senator Daniel Foreman of Moscow objected to the bill because it invokes the death penalty.

"Sometimes we convict people with the best evidence we have at the time. But then, years later, with modern technological innovations, we find out we made a mistake," said Foreman. "How do we bring someone back from the grave, keeping in mind we put that person there not to protect society, but because we felt that's what the person deserved."

Foreman served as a Gulf War combat veteran in the United States Air Force before becoming a member of law enforcement in Idaho.

Earlier in the 2025 legislative session, Foreman joined less than a handful of Senate Republicans to oppose a controversial execution methods bill, which authorized the firing squad as Idaho's primary method of execution.

"We can lock the bad actor up in the state penitentiary, where that person can no longer harm anyone else in society," said Foreman. "So that begs the question, 'Why the death penalty if society is protected?... Is it to seek revenge?"

Idaho currently has 9 individuals on death row, according to the Idaho Department of Correction. The bill's sponsor, Rep. Skaug, has said the death penalty would rarely be sought under the bill.

In immediate debate, Senator Josh Keyser, R-Meridian, argued that the legislation was reserved for the "worst of the worst" in Idaho's communities.

"I believe that sends a clear message that if you intend or will and are convicted of sexually torturing a small child, that the state may reserve the right not to provide housing in three squares a day, but reserve the right to kill you," said Keyser.

"A constitutional challenge"

Ricks warned the members of the Senate that the legislation would likely trigger a constitutional challenge down the road.

In 2008, the U.S. Supreme Court declared the death penalty unconstitutional in child rape cases in the Kennedy v. Louisiana decision.

In the last two years, several states, including Florida and Tennessee, have passed a bill challenging the Supreme Court decision and authorizing the death penalty for child sexual assault.

Rep. Skaug and Idaho House Assistant Majority Leader Rep. Josh Tanner, R-Eagle, have said the 2008 Supreme Court decision was wrong. Ricks told members of the Senate they have been in contact with the Attorney General's office, which is willing to carry the legislation forward in court.

If approved by the governor, the bill would take effect July 1, 2025.