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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 - 2002IN 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,17gratification or abuseor 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