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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
|||| 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
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