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HOUSE BILL NO. 350

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Daily Data Tracking History

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H0350..........................................................by EDUCATION
FORCIBLE SEXUAL PENETRATION - FOREIGN OBJECT - Amends existing law to
provide that it shall be a felony to cause the forcible sexual penetration
by use of a foreign object where the victim is incapable through
unsoundness of mind of giving legal consent or where the victim is
prevented from resistance by an intoxicating, narcotic or anesthetic
substance.
                                                                        
03/06    House intro - 1st rdg - to printing
03/07    Rpt prt - to Jud
03/14    Rpt out - rec d/p - to 2nd rdg
03/15    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 62-0-8
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
      Bradford, Callister,  Chase Collins, Cuddy, Deal, Denney, Ellis,
      Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley,
      Hammond, Harwood, Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell,
      Kunz, Lake, Langford, Loertscher, Mader, Marley, McKague, Meyer,
      Montgomery, Mortensen, Moss, Moyle, Pearce, Pomeroy, Raybould,
      Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd,
      Smylie, Stevenson, Stone, Swan, Tilman, Trail, Wood, Young, Mr.
      Speaker
      NAYS -- None
      Absent and excused -- Bruneel, Campbell, Clark, Crow, Henbest,
      Pischner, Smith, Wheeler
    Floor Sponsor -- Higgins
    Title apvd - to Senate
03/19    Senate intro - 1st rdg - to Jud

Bill Text

                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 350
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SEX CRIMES; AMENDING SECTION 18-6608, IDAHO CODE, TO PROVIDE  THAT
  3        IT  SHALL BE A FELONY TO CAUSE THE FORCIBLE SEXUAL PENETRATION BY USE OF A
  4        FOREIGN OBJECT WHERE THE VICTIM IS INCAPABLE THROUGH UNSOUNDNESS  OF  MIND
  5        OF  GIVING  LEGAL CONSENT OR WHERE THE VICTIM IS PREVENTED FROM RESISTANCE
  6        BY AN INTOXICATING, NARCOTIC OR ANESTHETIC SUBSTANCE.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Section 18-6608, Idaho Code, be, and the same  is  hereby
  9    amended to read as follows:
                                                                        
 10        18-6608.  FORCIBLE SEXUAL PENETRATION BY USE OF FOREIGN OBJECT. Every per-
 11    son who, for the purpose of sexual arousal, gratification or abuse, causes the
 12    penetration, however slight, of the genital or anal opening of another person,
 13    by any object, instrument or device, against the victim's will by use of force
 14    or  violence  or  by duress, or by threats of immediate and great bodily harm,
 15    accompanied by apparent power of execution, for the purpose of sexual arousal,
 16    gratification  or  abuse  or  where  the  victim  is  incapable,  through  any
 17    unsoundness of mind, whether temporary or permanent, of giving legal  consent,
 18    or where the victim is prevented from resistance by any intoxicating, narcotic
 19    or  anesthetic substance, shall be guilty of a felony and shall be punished by
 20    imprisonment in the state prison for not more than life.

Statement of Purpose / Fiscal Impact

         
                STATEMENT OF PURPOSE
         
                     RS 11196C1
         
RS 10791C1

This legislation makes it a felony to cause the forcible sexual 
penetration by use of a foreign object where the victim is 
incapable through unsoundness of mind of giving legal consent 
or where the victim is prevented from resistance by an intoxicating,
narcotic or anesthetic substance.


                        FISCAL IMPACT 
None



CONTACT
Name:  Rep. Kent A. Higgins
Phone:  208-332-1000





STATEMENT OF PURPOSE/FISCAL NOTE                  H 350