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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
|||| 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