Sex crimes against children could be punishable by death under a new bill that Idaho House Republican legislators passed Tuesday, Feb. 13.
House Bill 515 would allow for the death penalty in cases of lewd conduct with children under age 12 with aggravating circumstances.
Co-sponsor Rep. Bruce Skaug, R-Nampa, told House lawmakers that the death penalty would be reserved for heinous cases, like repeat offenders.
“There is a deep, dark, dark side in our culture. And it’s our job to protect the children. There are times when things are so wicked that retribution is appropriate,” Skaug said.
Idaho law only allows the death penalty in first-degree murder cases, according to Idaho Reports.
The U.S. Supreme Court in 2008 blocked death penalties for child rape in Kennedy v. Louisiana.
Florida passed a child rape death penalty law last year. Responding to concerns that the Idaho bill is unconstitutional, Skaug said he thinks the current Supreme Court would reach a different decision.
“Well, there’s constitutional and there’s constitutional. Depends on the court of the day,” Skaug, an attorney, told House lawmakers.
Only eight Idaho prisoners are on death row, according to the Idaho Department of Correction.
Skaug said he expects fewer cases under the new bill.
“It would be very rare that this case would happen. It’d be very rare that a prosecutor would take this kind of case and ask for the death penalty, but it will happen. And I say to you that when you see that case, you read about it in the newspaper, you’re gonna say, ‘This is the one case that this needs to happen,’” Skaug said.
The Idaho House passed the bill on a 57-11 vote.
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