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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN 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.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved 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".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN 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
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