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S1206................................................by JUDICIARY AND RULES
SEXUAL BATTERY - Adds to existing law to define sexual battery; to provide
for application of the section; and to provide the punishment for sexual
battery.
02/15 Senate intro - 1st rdg - to printing
02/16 Rpt prt - to Jud
02/24 Rpt out - rec d/p - to 2nd rdg
02/25 2nd rdg - to 3rd rdg
03/01 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Diede, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Twiggs, Wheeler, Whitworth
NAYS -- None
Absent and excused -- None
Floor Sponsor - Dunklin
Title apvd - to House
03/02 House intro - 1st rdg - to Jud
S1206|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1206 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO SEXUAL BATTERY; AMENDING CHAPTER 9, TITLE 18, IDAHO CODE, BY THE 3 ADDITION OF A NEW SECTION 18-904A, IDAHO CODE, TO DEFINE SEXUAL BATTERY, 4 TO PROVIDE FOR APPLICATION OF THE SECTION AND TO PROVIDE PENALTIES. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Chapter 9, Title 18, Idaho Code, be, and the same is 7 hereby amended by the addition thereto of a NEW SECTION , to be 8 known and designated as Section 18-904A, Idaho Code, and to read as follows: 9 18-904A. SEXUAL BATTERY DEFINED -- PUNISHMENT. (1) Sexual battery is any 10 actual, intentional and unlawful touching of the breast(s), buttocks, genital 11 area or the proximity of the genital area of another person against the 12 person's will and with the intent to arouse, appeal to and or gratify the 13 lust, passion, and/or sexual desire of the defendant and/or said victim. 14 (2) The provisions of this section shall apply only if the victim is 15 eighteen (18) years of age or older. 16 (3) Any person who pleads guilty to or is found guilty of a violation of 17 the provisions of this section for the first time is guilty of a misdemeanor 18 and is punishable by imprisonment in the county jail not exceeding one (1) 19 year or by a fine not exceeding one thousand dollars ($1,000) or both. Any 20 person who pleads guilty to or is found guilty of a violation of this section 21 or a similar statute in another state or any local jurisdiction for a second 22 time within five (5) years, notwithstanding the form of the judgment(s) or 23 withheld judgment(s), is guilty of a felony.
STATEMENT OF PURPOSE
RS 08892C1
This bill addresses a loophole in the existing misdemeanor
battery statute. The crime of battery is an unlawful touching
against the will of another person. This type of action
however can come in many forms. This new section will provide
for a criminal consequence for criminals who attack victims in
an offensive sexual manner that does not rise to the level of
felony rape or battery with intent to commit rape. The statute
provides for an enhanced misdemeanor consequence for first
time offenders and a felony consequence for repeated sexual
battery crimes.
FISCAL NOTE
There will be some fiscal impact to law enforcement, court
costs and incarceration. The felony consequence may lead to
county Some of the fiscal cost is offset because these cases
will already exist as misdemeanor battery cases. The overall
cost is small.
CONTACT: Connie Vietz
Idaho Prosecuting Attorneys' Association
364-2140
STATEMENT OF PURPOSE/ FISCAL NOTE
S1206