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H0664................................by JUDICIARY, RULES AND ADMINISTRATION
RAPE - Amends existing law to further define the crime of "rape."
02/22 House intro - 1st rdg - to printing
02/23 Rpt prt - to Jud
03/08 Rpt out - rec d/p - to 2nd rdg
03/09 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 48-12-10
AYES -- Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel,
Campbell, Chase, Cheirrett, Deal, Denney, Ellsworth, Field(13),
Field(20), Gould, Hadley, Hansen(23), Hansen(29), Henbest, Jaquet,
Judd, Kellogg, Kendell, Kunz, Linford, Marley, Meyer, Montgomery,
Mortensen, Moss, Pearce, Pischner, Pomeroy, Reynolds, Ridinger,
Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie,
Stevenson, Stoicheff, Trail, Zimmermann
NAYS -- Alltus, Callister, Clark, Gagner, Hornbeck, Lake, McKague,
Moyle, Taylor, Tilman, Wheeler, Wood
Absent and excused -- Crow, Cuddy, Geddes, Hammond, Jones, Kempton,
Loertscher, Mader, Stone, Mr Speaker
Floor Sponsor - Jaquet
Title apvd - to Senate
03/15 Senate intro - 1st rdg - to Jud
03/21 Rpt out - rec d/p - to 2nd rdg
03/22 2nd rdg - to 3rd rdg
04/03 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Dunklin
Title apvd - to House
04/04 To enrol - rpt enrol - Sp signed
04/05 Pres signed - to Governor
04/12 Governor signed
Session Law Chapter 218
Effective: 07/01/00
H0664
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 664
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO THE CRIME OF RAPE; AMENDING SECTION 18-6101, IDAHO CODE, TO PRO-
3 VIDE THAT RAPE OCCURS IF THE FEMALE SUBMITS TO PENETRATION OF THE ORAL,
4 ANAL OR VAGINAL OPENING WITH THE PERPETRATOR'S PENIS UNDER THE BELIEF,
5 INSTILLED BY THE ACTOR, THAT IF SHE DOES NOT SUBMIT, THE ACTOR WILL CAUSE
6 PHYSICAL HARM TO SOME PERSON IN THE FUTURE, OR CAUSE DAMAGE TO PROPERTY,
7 OR ENGAGE IN OTHER CONDUCT CONSTITUTING A CRIME, OR ACCUSE ANY PERSON OF A
8 CRIME OR CAUSE CRIMINAL CHARGES TO BE INSTITUTED AGAINST HER, OR EXPOSE A
9 SECRET OR PUBLICIZE AN ASSERTED FACT, WHETHER TRUE OR FALSE, TENDING TO
10 SUBJECT ANY PERSON TO HATRED, CONTEMPT OR RIDICULE.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 18-6101, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 18-6101. RAPE DEFINED. Rape is defined as the penetration, however
15 slight, of the oral, anal or vaginal opening with the perpetrator's penis
16 accomplished with a female under either of the following circumstances:
17 1. Where the female is under the age of eighteen (18) years.
18 2. Where she is incapable, through any unsoundness of mind, whether tem-
19 porary or permanent, of giving legal consent.
20 3. Where she resists but her resistance is overcome by force or violence.
21 4. Where she is prevented from resistance by threats of immediate and
22 great bodily harm, accompanied by apparent power of execution; or by any
23 intoxicating, narcotic, or anaesthetic substance administered by or with the
24 privity of the accused.
25 5. Where she is at the time unconscious of the nature of the act, and
26 this is known to the accused.
27 6. Where she submits under the belief that the person committing the act
28 is her husband, and the belief is induced by artifice, pretense or concealment
29 practiced by the accused, with intent to induce such belief.
30 7. Where she submits under the belief, instilled by the actor, that if
31 she does not submit, the actor will cause physical harm to some person in the
32 future; or cause damage to property; or engage in other conduct constituting a
33 crime; or accuse any person of a crime or cause criminal charges to be insti-
34 tuted against her; or expose a secret or publicize an asserted fact, whether
35 true or false, tending to subject any person to hatred, contempt or ridicule.
STATEMENT OF PURPOSE
RS 10015C1
The purpose of this legislation is to add language to existing code which defines
rape. The new language allows a seventh circumstance for rape to occur where the
female submits under the belief instilled by the actor that if she does not submit
the actor will: hurt someone she knows; damage property or conduct another
criminal type activity; accuse her of a crime or cause that charges are brought
against her; or, make public something damaging about her, be it true or false,
which would be embarrassing to her.
FISCAL IMPACT
No impact to the general fund.
CONTACT: Representative Wendy Jaquet
332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 664