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S1134................................................by JUDICIARY AND RULES VULNERABLE ADULTS - Adds to existing law to prohibit the sexual abuse and exploitation of vulnerable adults; to define terms; and to set forth penalties. 02/14 Senate intro - 1st rdg - to printing 02/15 Rpt prt - to Jud 03/01 Rpt out - rec d/p - to 2nd rdg 03/02 2nd rdg - to 3rd rdg 03/03 3rd rdg - PASSED - 34-0-1 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McKenzie, Noble, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- McGee Floor Sponsor - Goedde Title apvd - to House 03/04 House intro - 1st rdg - to Jud 03/18 Rpt out - rec d/p - to 2nd rdg 03/21 2nd rdg - to 3rd rdg Rls susp - PASSED - 61-1-8 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Denney, Edmunson(Barker), Ellsworth, Field(18), Field(23), Garrett, Henbest, Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ringo, Roberts, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wood, Mr. Speaker NAYS -- Hart Absent and excused -- Black, Deal, Eskridge, Harwood, Mitchell, Ring, Rusche, Wills Floor Sponsor - Smith(24) Title apvd - to Senate 03/22 To enrol 03/23 Rpt enrol - Pres signed 03/24 Sp signed 03/25 To Governor 03/31 Governor signed Session Law Chapter 216 Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005 IN THE SENATE SENATE BILL NO. 1134 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO VULNERABLE ADULTS; AMENDING CHAPTER 15, TITLE 18, IDAHO CODE, BY 3 THE ADDITION OF A NEW SECTION 18-1505B, IDAHO CODE, TO PROHIBIT THE SEXUAL 4 ABUSE AND EXPLOITATION OF VULNERABLE ADULTS, TO DEFINE TERMS AND TO SET 5 FORTH PENALTIES. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Chapter 15, Title 18, Idaho Code, be, and the same is 8 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 9 ignated as Section 18-1505B, Idaho Code, and to read as follows: 10 18-1505B. SEXUAL ABUSE AND EXPLOITATION OF A VULNERABLE ADULT. (1) It is 11 a felony for any person, with the intent of arousing, appealing to or gratify- 12 ing the lust, passion or sexual desires of such person, a vulnerable adult or 13 a third party, to: 14 (a) Commit any lewd or lascivious act or acts upon or with the body or 15 any part or member thereof of a vulnerable adult including, but not lim- 16 ited to: genital-genital contact, oral-genital contact, anal-genital con- 17 tact, oral-anal contact, manual-anal contact or manual-genital contact, 18 whether between persons of the same or opposite sex; 19 (b) Involve a vulnerable adult in any act of bestiality or sadomasochism 20 as defined in section 18-1507, Idaho Code; or 21 (c) Cause or have sexual contact with a vulnerable adult, not amounting 22 to lewd conduct as defined in paragraph (a) of this subsection. 23 (2) For the purposes of this section: 24 (a) "Sexual contact" means any physical contact between a vulnerable 25 adult and any person or between vulnerable adults, which is caused by the 26 actor, or the actor causing the vulnerable adult to have self-contact; and 27 (b) "Vulnerable adult" is as defined in section 18-1505, Idaho Code. 28 (3) Sexual abuse of a vulnerable adult is a felony and shall be punish- 29 able by imprisonment in the state prison for a period not to exceed twenty- 30 five (25) years or by a fine not to exceed twenty-five thousand dollars 31 ($25,000), or by both such fine and imprisonment. 32 (4) It shall be a felony for any person to commit sexual exploitation of 33 a vulnerable adult if, for any commercial purpose, as defined in section 34 18-1507, Idaho Code, he knowingly: 35 (a) Causes, induces or permits a vulnerable adult to engage in or be used 36 in any explicit sexual conduct as defined in section 18-1507, Idaho Code; 37 or 38 (b) Prepares, arranges for, publishes, produces, promotes, makes, sells, 39 finances, offers, exhibits, advertises, deals in, possesses or distributes 40 sexually exploitative material as defined in section 18-1507, Idaho Code, 41 depicting a vulnerable adult engaged in, observing, or being used for 42 explicit sexual conduct. 43 (5) The possession by any person of three (3) or more identical copies of 2 1 any sexually exploitative material shall create a presumption that such pos- 2 session is for a commercial purpose. 3 (6) Sexual exploitation of a vulnerable adult shall be punishable by 4 imprisonment in the state prison for a period not to exceed fifteen (15) years 5 or by a fine not to exceed twenty-five thousand dollars ($25,000), or by both 6 such fine and imprisonment.
STATEMENT OF PURPOSE RS 14793 The purpose of this legislation is to create a criminal felony statute to penalize individuals who sexually abuse or exploit vulnerable adults. Idaho Code 18-1505 provides protection for vulnerable adults from physical or mental abuse, exploitation or neglect. However, current law does not address sexual abuse or exploitation of a vulnerable adult. Vulnerable adult is defined in 18-1505(e) Idaho Code as "a person eighteen (18) years of age or older who is unable to protect himself from abuse, neglect or exploitation due to a physical or mental impairment which affects the person's judgment or behavior to the extent that he lacks sufficient understanding or capacity to make or communicate or implement decisions regarding his person." This legislation prohibits any lewd or lascivious act or sexual contact upon the body of a vulnerable adult. A violation of the section is punishable by imprisonment in the state prison for up to twenty-five (25) years or a fine of twenty-five thousand dollars ($25,000.00) or both. In addition, this legislation prohibits any person, for commercial purposes, to cause, induce or permit a vulnerable adult to engage in or be used for any explicit sexual conduct. Further, this statute prohibits possession, production or distribution of sexual exploitative material of vulnerable adults for commercial purposes. A violation of this section is punishable by imprisonment in the state prison for up to fifteen (15) years or a fine of twenty-five thousand dollars ($25,000.00) or both. FISCAL IMPACT The fiscal impact is difficult to determine with certainty, as it will depend upon the increased number of offenders charged with and convicted of a felony under this section. The potential impact to the general fund would be equal to the cost of imprisoning the number of offenders charged, convicted and sentenced to prison as a result of this statute. Contact: Name: Sen. John Goedde Phone: 332-1330 STATEMENT OF PURPOSE/FISCAL NOTE S 1134