Idaho Advances Bill Allowing Death Penalty for Child Sex Abuse

A new bill that would allow the death penalty for adults who sexually abuse children aged 12 and younger in Idaho has passed both chambers of the state legislature and is now awaiting final approval from Governor Brad Little. The bill, House Bill 380, was cosponsored by Rep. Bruce Skaug, R-Nampa, and House Assistant Majority Leader Josh Tanner, R-Eagle. It creates a new criminal charge—aggravated lewd conduct with children—and introduces severe penalties, including the death penalty.

Under this proposal, the death penalty could be sought for those convicted of sexually abusing minors in this age group, if specific aggravating factors are present. These factors could include the use of force or coercion, or if the victim was subjected to severe physical harm. The bill also imposes mandatory minimum prison sentences for cases of aggravated lewd conduct involving minors aged 16 and younger.

The bill passed the Idaho Senate with overwhelming support, receiving a 30-5 vote on March 24, 2025, with only three Senate Democrats and two Republicans voting against it. Just a week earlier, the Idaho House passed the bill unanimously, with 63 votes in favor and seven lawmakers absent. The bill will now be sent to Governor Brad Little, who has five days, excluding Sundays, to sign it into law, veto it, or allow it to become law without his signature. If signed into law, the bill will take effect on July 1, 2025.

Supporters of the bill argue that it is necessary to protect children from sexual abuse and to ensure that those who commit such heinous crimes face consequences. Rep. Bruce Skaug, who has been vocal about the need for harsher penalties for child sex offenders, emphasized that Idaho’s current laws are too lenient.

Sen. Doug Ricks, R-Rexburg, one of the bill’s cosponsors, also defended the bill, saying it sends a strong message that Idaho will not tolerate the sexual abuse of minors. “When you think about the irreparable and irreversible damage done to a child who has to live with the consequences of these actions for the rest of their lives, this is about accountability,” said Ricks.

Idaho Senate Minority Leader Melissa Wintrow, D-Boise, expressed concerns about the shift in policy, insisting that the bill had not been subjected to enough debate. “Harming a child should carry significant penalties, but I think we need a vigorous and long discussion on the implications of this bill,” Wintrow said.

Another notable opponent is Sen. Dan Foreman, R-Moscow, a retired police officer and combat veteran, who voted against the bill, saying it might equate “revenge with justice,” which he called a “slippery slope.”

While the bill has garnered overwhelming public support, there is a looming possibility of legal challenges. In 2008, the U.S. Supreme Court ruled in Kennedy v. Louisiana that the death penalty cannot be imposed for the crime of child rape. The decision was made by a 5-4 majority, and legal experts have suggested that a similar ruling might apply to the Idaho bill.

However, Rep. Skaug, a lawyer by profession, is confident that the current U.S. Supreme Court may rule differently if challenged. “It was a 5-4 decision in 2008, and I believe the court might rule differently now,” Skaug said during a committee hearing. He also noted that the death penalty would be rarely sought under this new law, and that only the most severe cases of child sexual abuse would qualify for the death penalty.

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