2002 Legislation
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SENATE BILL NO. 1354 – Forcible penetration/foreign object

SENATE BILL NO. 1354

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View Statement of Purpose / Fiscal Impact



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Daily Data Tracking History



S1354................................................by JUDICIARY AND RULES
FORCIBLE PENETRATION - FOREIGN OBJECT - Amends existing law to provide that
it shall be a felony for a person who, for the purpose of sexual arousal,
gratification or abuse, causes 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.
                                                                        
01/31    Senate intro - 1st rdg - to printing
02/01    Rpt prt - to Jud
02/28    Rpt out - rec d/p - to 2nd rdg
03/01    2nd rdg - to 3rd rdg
03/05    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Boatright, Brandt, Bunderson, Burtenshaw, Cameron,
      Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins,
      Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley,
      Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner,
      Stennett, Thorne, Williams
      NAYS -- None
      Absent and excused -- Branch(Bartlett), Wheeler
    Floor Sponsor - Dunklin
    Title apvd - to House
03/06    House intro - 1st rdg - to Jud
03/14    Rpt out - rec d/p - to 2nd rdg
    Rls susp - PASSED - 62-0-8
      AYES -- Barraclough, Barrett, Bedke, Bell, Black, Block, Boe, Bolz,
      Bradford, Bruneel, Callister, Campbell, Collins, Crow, Cuddy, Denney,
      Ellis, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley,
      Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones, Kendell,
      Kunz, Lake, Langford, Loertscher, Mader, Martinez, McKague, Meyer,
      Montgomery, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould,
      Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd,
      Smith(33), Smylie, Stevenson, Tilman, Trail, Wheeler, Wood, Young,
      Mr. Speaker
      NAYS -- None
      Absent and excused -- Aikele, Bieter, Clark, Deal, Ellsworth,
      Kellogg, Smith(23), Stone
    Floor Sponsor - Higgins
    Title apvd - to Senate
03/14    To enrol
03/15    Rpt enrol - Pres signed - Sp signed
03/18    To Governor
03/27    Governor signed
         Session Law Chapter 360
         Effective: 07/01/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1354
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SEX CRIMES; AMENDING SECTION 18-6608, IDAHO CODE, TO PROVIDE  THAT
  3        IT  SHALL BE A FELONY FOR A PERSON WHO, FOR THE PURPOSE OF SEXUAL AROUSAL,
  4        GRATIFICATION OR ABUSE, CAUSES SEXUAL PENETRATION  BY  USE  OF  A  FOREIGN
  5        OBJECT WHERE THE VICTIM IS INCAPABLE THROUGH UNSOUNDNESS OF MIND OF GIVING
  6        LEGAL  CONSENT  OR  WHERE  THE  VICTIM  IS PREVENTED FROM RESISTANCE BY AN
  7        INTOXICATING, NARCOTIC OR ANESTHETIC SUBSTANCE.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION 1.  That Section 18-6608, Idaho Code, be, and the same  is  hereby
 10    amended to read as follows:
                                                                        
 11        18-6608.  FORCIBLE SEXUAL PENETRATION BY USE OF FOREIGN OBJECT. Every per-
 12    son who, for the purpose of sexual arousal, gratification or abuse, causes the
 13    penetration, however slight, of the genital or anal opening of another person,
 14    by any object, instrument or device, against the victim's will by use of force
 15    or  violence  or  by duress, or by threats of immediate and great bodily harm,
 16    accompanied by apparent power of execution, for the purpose of sexual arousal,
 17    gratification  or  abuse  or  where  the  victim  is  incapable,  through  any
 18    unsoundness of mind, whether temporary or permanent, of giving legal  consent,
 19    or where the victim is prevented from resistance by any intoxicating, narcotic
 20    or  anesthetic substance, shall be guilty of a felony and shall be punished by
 21    imprisonment in the state prison for not more than life.

Statement of Purpose / Fiscal Impact


	                   STATEMENT OF PURPOSE
                                RS 11734

The purpose of this bill is to close a gap in Idaho’s sex crimes 
code, brought to our attention by a victim. It amends 18-6608, the 
law on forcible sexual penetration by use of foreign object, to 
include victims who are incapable of resistance because of 
unsoundness of mind, intoxication, narcotics or anesthetic 
substances.


                         FISCAL IMPACT



The fiscal impact would equal the cost of incarcerating any one 
found guilty of the crime.




Contact
Name:	Rep. Kent Higgens
Phone:
Sen. Betsy Dunklin



STATEMENT OF PURPOSE/FISCAL NOTE		S 1354