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H 380

LEWD CONDUCT – Amends and adds to existing law to establish provisions regarding the crime of aggravated lewd conduct with a minor child under sixteen, to establish provisions regarding the crime of aggravated lewd conduct with a minor child twelve or under, and to provide a punishment for the crime of aggravated lewd conduct with a minor child twelve or under.

68th Legislature, 1st Regular Session (2025)

House Bill H 380 mandates 25 years to life for aggravated lewd conduct with minors under 16, enhancing penalties to better protect children in Idaho.

Reported Signed by Governor on March 26, 2025 Session Law Chapter 177 Effective: 07/01/2025
#children #criminaloffensesandprocedures #death #sexoffensesandoffenders
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Bill Summary · H 380

Summary of House Bill H 380: Aggravated Lewd Conduct with Minors

Purpose and Intent

House Bill H 380 aims to strengthen the legal framework surrounding crimes of lewd conduct involving minors in Idaho. The bill introduces harsher penalties for individuals convicted of aggravated lewd conduct with children under the age of sixteen, particularly those twelve years old and younger. The legislation seeks to address concerns about the leniency of current sentencing practices for child molesters in Idaho.

Key Provisions

The bill amends existing Idaho law (Idaho Code 18-1508) and introduces several new sections to establish clear definitions and penalties for aggravated lewd conduct:

  1. Aggravated Lewd Conduct with a Minor Child Under Sixteen (Section 18-1508B):

    • Defines lewd conduct involving minors aged thirteen to sixteen.
    • Establishes a mandatory minimum sentence of 25 years imprisonment, with a possible maximum of life, if two or more aggravating factors are present during the offense.

  2. Aggravated Lewd Conduct with a Minor Child Twelve or Under (Section 18-1508C):

    • Specifically targets lewd conduct involving children aged twelve and younger.
    • Similar to the above, it requires a minimum of 25 years imprisonment with a maximum of life if two or more aggravating factors are proven.

  3. Aggravating Factors:

    • The bill outlines specific aggravating factors that can elevate the severity of the crime, including:
      • Kidnapping of the victim.
      • Use of force or coercion.
      • Prior convictions requiring sex offender registration.
      • Position of trust or authority over the victim.
      • Infliction of bodily injury or torture.

  4. Additional Provisions:

    • Introduces a new section (18-1508D) that specifies that certain sex offenders will not be eligible for parole or sentence reductions.
    • Amends other relevant sections of the Idaho Code to align with the new definitions and penalties.

Impact

  • Who is Affected: The bill primarily affects individuals convicted of lewd conduct with minors, particularly those who commit aggravated offenses. It also impacts the judicial system, law enforcement, and public defenders due to the potential increase in serious cases requiring legal representation and prosecution.
  • Fiscal Considerations: The fiscal note indicates that while death penalty cases are rare in Idaho, the implementation of this bill may lead to indeterminate additional costs for the state and local governments, particularly concerning legal proceedings and public defense.

Procedural Timeline

  • Introduced: March 7, 2025
  • Passed by House: March 24, 2025
  • Passed by Senate: March 24, 2025
  • Signed by Governor: March 26, 2025
  • Effective Date: July 1, 2025

This legislation represents a significant shift in how Idaho addresses crimes against minors, aiming to provide stronger protections and harsher penalties for offenders.

Compiled from official sources — confirm details with the bill’s official record.

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