The proposed bill amends Chapter 15 of Title 18 of the Idaho Code to introduce new sections specifically addressing aggravated lewd conduct involving minors. It establishes Section 18-1508B, defining aggravated lewd conduct with a minor child under sixteen, and Section 18-1508C, which pertains to minors twelve years of age or under. These sections outline the acts constituting the crime and the aggravating factors that can elevate the offense's severity. Additionally, Section 18-1508D sets forth severe punishments, including the death penalty or life imprisonment for aggravated lewd conduct with a minor child twelve or under, while Section 18-1508E mandates that convicted sex offenders serve a fixed minimum term without eligibility for parole or other sentence reductions.

The bill also amends existing laws to incorporate these new offenses, including provisions for the death penalty process and criteria for sex offender registration. It modifies Section 18-4004A to include timelines for filing intent to seek the death penalty for aggravated lewd conduct with minors and updates Section 19-2515 to reflect the new offenses. Furthermore, the bill specifies that a defendant found guilty of first-degree murder or aggravated lewd conduct involving a minor child aged twelve years or under will not undergo a presentence investigation unless certain conditions are met. It establishes a special sentencing proceeding for death penalty cases, requiring the state to prove at least three statutory aggravating circumstances beyond a reasonable doubt, emphasizing the jury's role in determining the appropriateness of the death penalty while preserving the defendant's rights. The act is set to take effect on July 1, 2025.

Statutes affected:
Bill Text: 18-4004A, 18-8304, 19-2515