Idaho passes the Death Penalty for Pedophiles Bill.
Sex offenses against minors in Idaho would be punished by death, according to a new measure passed by the Republican-controlled House on Tuesday.
"Our culture has a very dark side. And it is our responsibility to safeguard the children. Rep. Bruce Skaug (R-Nampa) stated that vengeance is sometimes justified.
House Bill 515 will provide for the death sentence in situations of indecent behavior with minors under the age of 12 with aggravating factors. Rep. Skaug, a co-sponsor, reminded House lawmakers that the death sentence would only be used in the most egregious circumstances, such as repeat offenders.
According to the Idaho Capital Sun, Idaho law only authorizes the death sentence in first-degree murder cases. In Kennedy v. Louisiana (2008), the United States Supreme Court struck down the death penalty for child rape. Last year, Florida approved a law punishing child rape with death.
Skaug responded to worries that the Idaho measure is unconstitutional, saying he believes the current Supreme Court would make a different conclusion.
"There is constitutional and constitutional. "It depends on the court of the day," Skaug, an attorney, told House members.
The Idaho Department of Correction reports that there are just eight Idaho convicts on death row. Skaug anticipates fewer instances under the new bill.
"It is extremely unlikely that this situation would occur. It would be extremely uncommon for a prosecutor to accept this type of case and seek the death sentence, but it will happen. And I assure you that when you see that case or read about it in the press, you will think, 'something is the one situation where something needs to happen,'" Skaug added.
Only eight Idaho prisoners are on death row, according to the Idaho Department of Correction. Skaug said he expects fewer cases under the new bill.
The Idaho House passed the bill 57-11.
Rep. Jack Nelsen, R-Jerome, was the sole Republican House member who opposed the measure following Mickelsen's vote flip.
"My focus is the prudent use of taxpayer funds. Florida has already passed this. It's clearly in the courts. I see no need to spend hard-earned Idaho taxpayer funds on a law that, with a little time and patience, we'll see what happens," Nelsen told the Sun in an interview following the floor discussion.
Rep. John Gannon, D-Boise, told legislators on the House floor that he couldn't support an illegal measure and doubted the Supreme Court would overturn its decision. Gannon stated that he would rather to invest money on more detectives to solve crimes.
Skaug stated that he was not concerned about expenditures.
"The victims live in constant terror of their attackers' release, and many of these perpetrators are repeat offenders of this sort of crime. "I believe this is worth the fight," he stated.