2005 Legislation
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SENATE BILL NO. 1134 – Vulnerable adult/sexual abuse/pnlty

SENATE BILL NO. 1134

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact


                      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