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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