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H0221...................................by JUDICIARY, RULES AND ADMINISTRATION
INTERNET - CHILD ENTICEMENT - Adds to and amends existing law to provide that
persons who use the Internet to entice children under the age of sixteen years
to engage in illegal sexual acts shall be guilty of a felony; to provide a
penalty; to limit defenses; to provide jurisdiction; and to apply the
provisions of the Sexual Offender Registration Notification and Community
Right-to-Know Act to felonies involving the enticement of children over the
Internet.
02/10 House intro - 1st rdg - to printing
02/11 Rpt prt - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 221
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO CRIME; AMENDING CHAPTER 15, TITLE 18, IDAHO CODE, BY THE ADDITION
3 OF A NEW SECTION 18-1509A, IDAHO CODE, TO PROVIDE THAT ADULTS WHO USE THE
4 INTERNET TO ENTICE CHILDREN UNDER THE AGE OF SIXTEEN YEARS TO ENGAGE IN
5 ILLEGAL SEXUAL ACTS SHALL BE GUILTY OF A FELONY, TO PROVIDE A PENALTY, TO
6 LIMIT DEFENSES AND TO PROVIDE FOR JURISDICTION; AND AMENDING SECTION
7 18-8304, IDAHO CODE, TO APPLY THE PROVISIONS OF THE SEXUAL OFFENDER REGIS-
8 TRATION NOTIFICATION AND COMMUNITY RIGHT-TO-KNOW ACT TO FELONIES INVOLVING
9 THE ENTICEMENT OF CHILDREN OVER THE INTERNET.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Chapter 15, Title 18, Idaho Code, be, and the same is
12 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
13 ignated as Section 18-1509A, Idaho Code, and to read as follows:
14 18-1509A. ENTICING OF CHILDREN OVER THE INTERNET -- PENALTIES -- JURIS-
15 DICTION. (1) A person aged eighteen (18) years or older shall be guilty of a
16 felony if he or she knowingly uses the internet to solicit, seduce, lure, per-
17 suade or entice by words or actions, or both, a minor child under the age of
18 sixteen (16) years to engage in any sexual act with or against the child where
19 such act is a violation of chapter 15, 61 or 66, title 18, Idaho Code.
20 (2) Every person who is convicted of a violation of this section shall be
21 punished by imprisonment in the state prison for a period not to exceed fif-
22 teen (15) years.
23 (3) It shall not constitute a defense against any charge or violation of
24 this section that a law enforcement officer, peace officer, or other person
25 working at the direction of law enforcement was involved in the detection or
26 investigation of a violation of this section.
27 (4) The offense is committed in the state of Idaho for purposes of deter-
28 mining jurisdiction if the transmission that constitutes the offense either
29 originates in or is received in the state of Idaho.
30 SECTION 2. That Section 18-8304, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 18-8304. APPLICATION OF CHAPTER. (1) The provisions of this chapter shall
33 apply to any person who:
34 (a) On or after July 1, 1993, is convicted of the crime, or an attempt, a
35 solicitation, or a conspiracy to commit a crime provided for in section
36 18-909 (assault with attempt to commit rape, infamous crime against
37 nature, or lewd and lascivious conduct with a minor, but excluding mayhem,
38 murder or robbery), 18-911 (battery with attempt to commit rape, infamous
39 crime against nature, or lewd and lascivious conduct with a minor, but
40 excluding mayhem, murder or robbery), 18-1506 (sexual abuse of a child
41 under sixteen years of age), 18-1506A (ritualized abuse of a child),
2
1 18-1507 (sexual exploitation of a child), 18-1507A (possession of sexually
2 exploitative material for other than a commercial purpose), 18-1508 (lewd
3 conduct with a minor child), 18-1508A (sexual battery of a minor child
4 sixteen or seventeen years of age), 18-1509A (enticing a child over the
5 internet), 18-4003(d) (murder committed in perpetration of rape), 18-4116
6 (indecent exposure, but excluding a misdemeanor conviction), 18-4502
7 (first degree kidnapping committed for the purpose of rape, committing the
8 infamous crime against nature or for committing any lewd and lascivious
9 act upon any child under the age of sixteen, or for purposes of sexual
10 gratification or arousal), 18-4503 (second degree kidnapping where the
11 victim is an unrelated minor child), 18-6101 (rape, but excluding
12 18-6101(1) where the defendant is eighteen years of age or younger),
13 18-6108 (male rape), 18-6602 (incest), 18-6605 (crime against nature), or
14 18-6608, Idaho Code (forcible sexual penetration by use of a foreign
15 object);
16 (b) Enters the state on or after July 1, 1993, and who has been convicted
17 of any crime, an attempt, a solicitation or a conspiracy to commit a crime
18 in another state, territory, commonwealth, or other jurisdiction of the
19 United States, including tribal courts and military courts, that is sub-
20 stantially equivalent to the offenses listed in subsection (1)(a) of this
21 section.
22 (c) Pleads guilty to or has been found guilty of a crime covered in this
23 chapter prior to July 1, 1993, and the person, as a result of the offense,
24 is incarcerated in a county jail facility or a penal facility or is under
25 probation or parole supervision, on or after July 1, 1993.
26 (d) Is a nonresident regularly employed or working in Idaho or is a stu-
27 dent in the state of Idaho and was convicted, found guilty or pleaded
28 guilty to a crime covered by this chapter and, as a result of such convic-
29 tion, finding or plea, is required to register in his state of residence.
30 (2) The provisions of this chapter shall not apply to any such person
31 while the person is incarcerated in a correctional institution of the depart-
32 ment of correction, a county jail facility or committed to a mental health
33 institution of the department of health and welfare.
34 (3) A conviction for purposes of this chapter means that the person has
35 pled guilty or has been found guilty, notwithstanding the form of the judgment
36 or withheld judgment.
STATEMENT OF PURPOSE
RS 12934
The purpose of this legislation is to create a new statute
criminalizing the use of the Internet to entice, solicit, seduce,
lure or persuade a child to engage in a sexual act. The Internet
is a communication medium that allows a sexual solicitor the
ability to talk privately with children in Idaho and groom them
for sexual exploitation. Currently, Idaho law does not have a
statute to address this common and dangerous type of
communication that targets children for sexual purposes. Sexual
exploitation of children is a wrongful invasion of the child's
safety and right of privacy and results in social, developmental,
and emotional injury to the child. To protect children from
sexual exploitation through the Internet via e-mail, instant
messages, chat rooms and any other form of Internet
communication, it is necessary to make enticement of children
over the Internet criminal.
FISCAL IMPACT
The fiscal impact is difficult to determine as it is based upon
the number of persons who commit this crime. The fiscal impact
to the General Fund is equal to the cost of imprisoning the
number of individuals charged, convicted and sentenced to prison
under this section.
Contact
Name: Heather Reilly, Prosecuting Attorney's Assn.
Phone: 287-7700
STATEMENT OF PURPOSE/FISCAL NOTE H 221