Idaho lawmakers pass bill allowing death penalty for aggravated child abuse

• Idaho’s latest proposed bill could allow the death penalty for some child abuse cases. It has passed through both the Idaho House and Senate and would create new charges for aggravated lewd conduct with children aged 12 and under.
• Lawmakers from both parties agree on the severity of child abuse, but some, like Sen. Daniel Foreman, R, oppose the death penalty, questioning if it equates revenge with justice.
• The bill may face constitutional challenges and legal battles. 

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A new bill in Idaho could soon become law if signed by Gov. Brad Little, R. The legislation would allow the death penalty in certain child abuse cases.

House Bill 380 moves through the Idaho Legislature

House Bill 380 passed with majority support in both the Idaho House and Senate. The bill introduces a new criminal charge, “aggravated lewd conduct with children age 12 and younger,” which could carry the death penalty or a minimum 30-year prison sentence.

Individuals convicted of similar offenses involving children ages 13 to 15 would face sentences ranging from 25 years to life in prison.

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Bipartisan support and opposition

The bill has drawn support from both Democrats and Republicans. Bill sponsor Rep. Bruce Skaug, a Republican from Legislative District 12, emphasized the severity of child abuse crimes, comparing this bill with current laws in Florida and Tennessee, which carry harsher penalties.

Skaug stated, “There’s nothing more evil than the rape of a child.”

The bill also has its share of bipartisan critics. Some lawmakers have expressed concerns over the use of the death penalty.

Sen. Daniel Foreman, a Republican from Legislative District 6, voiced his opposition, stating, “We are starting to equate revenge with justice.”

Foreman also said he could not support the bill because of its stance on the death penalty.

Possible legal challenges with bill passage

Skaug has acknowledged potential constitutional challenges. He pointed to a 2008 Supreme Court ruling that found similar laws in Louisiana unconstitutional, setting a precedent that the death penalty for child sexual abuse violates the Eighth Amendment’s prohibition on cruel and unusual punishment.

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Currently, Idaho law permits the death penalty only in cases of aggravated first-degree murder. The state recently made headlines when Gov. Little signed legislation on March 12 allowing firing squads as the primary execution method for death row inmates.

The governor now has the option to sign the bill into law, veto it, or allow it to become law without his signature. If approved, the law would take effect on July 1, 2025.