2008 Legislation
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SENATE BILL NO. 1370<br /> – Sexual conduct/child witness/pnlty

SENATE BILL NO. 1370

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Bill Status



S1370aaH.............................................by JUDICIARY AND RULES
CRIMES AND PUNISHMENTS - Amends existing law to provide that it shall
constitute a felony for certain persons to induce, cause or permit a minor
child to witness an act of sexual conduct.

02/04    Senate intro - 1st rdg - to printing
02/05    Rpt prt - to Jud
02/12    Rpt out - rec d/p - to 2nd rdg
02/13    2nd rdg - to 3rd rdg
02/15    3rd rdg - PASSED - 31-0-4
      AYES -- Andreason, Bair, Bastian, Broadsword, Cameron, Coiner,
      Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hammond,
      Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
      Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
      Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Bilyeu, Burkett, Heinrich, Hill
    Floor Sponsor - Jorgenson
    Title apvd - to House
02/18    House intro - 1st rdg - to Jud
03/03    Rpt out - to Gen Ord
03/04    Rpt out amen - to 1st rdg as amen
03/05    1st rdg - to 2nd rdg as amen
03/06    2nd rdg - to 3rd rdg as amen
03/12    3rd rdg as amen - PASSED - 67-2-1
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
      Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
      Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
      Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin,
      Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence,
      Raybould, Ringo, Ruchti, Sayler, Schaefer, Shepherd(02),
      Shepherd(08), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
      Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills, Wood(27),
      Wood(35), Mr. Speaker
      NAYS -- Boe, Rusche
      Absent and excused -- Roberts
    Floor Sponsor - Labrador
    Title apvd - to Senate
03/13    Senate concurred in House amens - to engros
    Rpt engros - 1st rdg - to 2nd rdg as amen
03/14    2nd rdg - to 3rd rdg as amen
03/18    3rd rdg as amen - PASSED - 34-0-1
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai(Sagness), McGee, McKague, McKenzie,
      Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Pearce
    Floor Sponsor - Jorgenson
    Title apvd - to enrol
03/19    Rpt enrol - Pres signed
03/20    Sp signed
03/21    To Governor
03/25    Governor signed
         Session Law Chapter 240
         Effective: 07/01/08

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN THE SENATE

                                    SENATE BILL NO. 1370

                              BY JUDICIARY AND RULES COMMITTEE

  1                                        AN ACT
  2    RELATING TO CRIMES AND PUNISHMENTS; AMENDING SECTION 18-1506, IDAHO  CODE,  TO
  3        PROVIDE  THAT  IT SHALL CONSTITUTE A FELONY FOR CERTAIN PERSONS TO INDUCE,
  4        CAUSE OR PERMIT A MINOR CHILD TO WITNESS AN  ACT  OF  SEXUAL  CONDUCT,  TO
  5        DEFINE A TERM AND TO MAKE TECHNICAL CORRECTIONS.

  6    Be It Enacted by the Legislature of the State of Idaho:

  7        SECTION  1.  That  Section 18-1506, Idaho Code, be, and the same is hereby
  8    amended to read as follows:

  9        18-1506.  SEXUAL ABUSE OF A CHILD UNDER THE AGE OF SIXTEEN YEARS.  (1)  It
 10    is  a  felony  for  any  person  eighteen (18) years of age or older, with the
 11    intent to gratify the lust, passions, or sexual desire  of  the  actor,  minor
 12    child or third party, to:
 13        (a)  sSolicit a minor child under the age of sixteen (16) years to partic-
 14        ipate in a sexual act, or;
 15        (b)  cCause or have sexual contact with such minor child, not amounting to
 16        lewd conduct as defined in section 18-1508, Idaho Code, or;
 17        (c)  mMake  any  photographic or electronic recording of such minor child;
 18        or
 19        (d)  Induce, cause or permit a minor child to witness  an  act  of  sexual
 20        conduct.
 21        (2)  For the purposes of this section "solicit" means any written, verbal,
 22    or  physical  act  which  is  intended  to communicate to such minor child the
 23    desire of the actor or third party to participate in a sexual act or  partici-
 24    pate  in  sexual  foreplay,  by  the means of sexual contact, photographing or
 25    observing such minor child engaged in sexual contact.
 26        (3)  For the purposes of this section "sexual contact" means any  physical
 27    contact between such minor child and any person, which is caused by the actor,
 28    or the actor causing such minor child to have self contact.
 29        (4)  For  the  purposes  of  this  section  "sexual  conduct"  means human
 30    masturbation, sexual intercourse, sadomasochistic abuse, or  any  touching  of
 31    the  genitals,  pubic  areas  or  buttocks of the human male or female, or the
 32    breasts of the female, whether alone or between members of the same  or  oppo-
 33    site  sex  or between humans and animals in an act of apparent sexual stimula-
 34    tion or gratification.
 35        (5)  Any person guilty of a violation of the provisions  of  this  section
 36    shall be imprisoned in the state prison for a period not to exceed twenty-five
 37    (25) years.

Amendment




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                                     Moved by    Labrador

                                                     Seconded by  Ruchti


                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO S.B. NO. 1370

  1                                AMENDMENT TO SECTION 1
  2        On page 1 of the printed bill, in line 31, delete "genitals,  pubic  areas
  3    or buttocks" and insert: "genitals or pubic areas".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN THE SENATE

                       SENATE BILL NO. 1370, As Amended in the House

                              BY JUDICIARY AND RULES COMMITTEE

  1                                        AN ACT
  2    RELATING TO CRIMES AND PUNISHMENTS; AMENDING SECTION 18-1506, IDAHO  CODE,  TO
  3        PROVIDE  THAT  IT SHALL CONSTITUTE A FELONY FOR CERTAIN PERSONS TO INDUCE,
  4        CAUSE OR PERMIT A MINOR CHILD TO WITNESS AN  ACT  OF  SEXUAL  CONDUCT,  TO
  5        DEFINE A TERM AND TO MAKE TECHNICAL CORRECTIONS.

  6    Be It Enacted by the Legislature of the State of Idaho:

  7        SECTION  1.  That  Section 18-1506, Idaho Code, be, and the same is hereby
  8    amended to read as follows:

  9        18-1506.  SEXUAL ABUSE OF A CHILD UNDER THE AGE OF SIXTEEN YEARS.  (1)  It
 10    is  a  felony  for  any  person  eighteen (18) years of age or older, with the
 11    intent to gratify the lust, passions, or sexual desire  of  the  actor,  minor
 12    child or third party, to:
 13        (a)  sSolicit a minor child under the age of sixteen (16) years to partic-
 14        ipate in a sexual act, or;
 15        (b)  cCause or have sexual contact with such minor child, not amounting to
 16        lewd conduct as defined in section 18-1508, Idaho Code, or;
 17        (c)  mMake  any  photographic or electronic recording of such minor child;
 18        or
 19        (d)  Induce, cause or permit a minor child to witness  an  act  of  sexual
 20        conduct.
 21        (2)  For the purposes of this section "solicit" means any written, verbal,
 22    or  physical  act  which  is  intended  to communicate to such minor child the
 23    desire of the actor or third party to participate in a sexual act or  partici-
 24    pate  in  sexual  foreplay,  by  the means of sexual contact, photographing or
 25    observing such minor child engaged in sexual contact.
 26        (3)  For the purposes of this section "sexual contact" means any  physical
 27    contact between such minor child and any person, which is caused by the actor,
 28    or the actor causing such minor child to have self contact.
 29        (4)  For  the  purposes  of  this  section  "sexual  conduct"  means human
 30    masturbation, sexual intercourse, sadomasochistic abuse, or  any  touching  of
 31    the genitals or pubic areas of the human male or female, or the breasts of the
 32    female,  whether  alone  or  between  members  of  the same or opposite sex or
 33    between humans and animals in an act of apparent sexual stimulation or  grati-
 34    fication.
 35        (5)  Any  person  guilty  of a violation of the provisions of this section
 36    shall be imprisoned in the state prison for a period not to exceed twenty-five
 37    (25) years.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE

                            RS17622
                                
The purpose of the amendment to Idaho Code, section 18-1506, is
to prevent and prohibit adults from exposing children to sexual
conduct with the intent or effect of desensitizing or grooming
children for sexually exploitive activity.  The addition of Idaho
Code section 18-1506(d) to prohibit any adult to "induce, cause
or permit a minor child to witness an act of sexual conduct"
responds to a recommendation for legislative action made by the
Idaho Court of Appeals in Mintun v. State,  144 Idaho 656, 168
P.3d 40 (Ct. App. 2007), to address the conduct of an adult who
performs a sexual act photographed by a child for the sexual
arousal or gratification of the adult.  The Idaho Court of
Appeals determined this type of conduct is not currently
prohibited under Idaho Code section 18-1506.  The amendment is
necessary to ensure that the conduct identified and defined by
the amendment is punishable as a felony.  By making this type of
conduct a felony, perpetrators will be more deterred from
committing the action and suffer greater punishment, and society
will provide greater protection to a vulnerable class of
potential victims.


                          FISCAL NOTE

Prior to the decision of the Court of Appeals, it was presumed
that the conduct being addressed by this bill was criminal. 
Consequently, this bill does not have a fiscal impact.


Contact
Name: Senator Denton Darrington
Phone: 332-1317
Name: Bill von Tagen, Attorney General's Office
Phone: 334-4140


STATEMENT OF PURPOSE/FISCAL NOTE                        S 1370