Idaho is moving forward with legislation that would allow the execution of child rapists.

The Idaho Capital Sun reports that the legislation, introduced by Republican lawmakers, will target those who have committed the most serious offenses against children as well as repeat offenders. The bill passed the Idaho House by a 57-11 vote. 

The legislation states:

This legislation amends Idaho Codes 18-1508 and 19-2515 to allow a sentence of capital punishment for a person convicted of lewd conduct with a minor, if said minor is under the age of twelve (12) and there are aggravating circumstances. Upon conviction, a jury will make the decision of whether to implement the death penalty. A judge may decide the sentence if a jury is waived by the defendant.

The bill’s co-sponsor, State Rep. Bruce Skaug, said the bill would help protect children against harm. 

“There is a deep, dark, dark side in our culture," he said. And it’s our job to protect the children. There are times when things are so wicked that retribution is appropriate."

Idaho House passes death penalty for p*dophiles convicted of heinous sex crimes against children 11 years of age and younger. pic.twitter.com/0876do4h2Y

— Citizen Free Press (@CitizenFreePres) February 14, 2024

The Sun report noted that "[o]nly eight Idaho prisoners are on death row, according to the Idaho Department of Correction." 

Skaug added that he hopes that the legislation will serve as a deterrent, and lead to fewer individuals being placed on death row: 

It would be very rare that this case would happen. It’d be very rare that a prosecutor would take this kind of case and ask for the death penalty, but it will happen. And I say to you that when you see that case, you read about it in the newspaper, you’re gonna say, ‘This is the one case that this needs to happen.'

...

The victims forever live in fear of the release of their perpetrators, and many of these perpetrators are repeat criminals of this type of crime. I believe this is worth the fight.

The bill was predictably condemned by the Idaho American Civil Liberties Union (ACLU), whose spokesperson Rebbeca De León told the Sun that it was "blatantly and admittedly unconstitutional." 

She explained:

House Bill 515 and any iterations of (it) have already been litigated in our country’s highest court, and found to be unconstitutional. Our lawmakers should exercise a healthy respect for laws, law enforcement, and judicial review. This bill spits on the checks and balances our country was founded on.

The law follows in the footsteps of Florida, which in 2023 approved similar legislation that makes those found guilty of abusing children eligible for the death penalty, with a minimum sentence of life in prison without parole. 

Today, I signed legislation that will:
- Makes child rapists eligible for the death penalty with the minimum sentence of life in prison without parole
- Impose additional penalties on fentanyl and drug-related crimes targeted at children
- Protect Floridians from disastrous… pic.twitter.com/sO1mkcfm0a

— Ron DeSantis (@GovRonDeSantis) May 1, 2023

In 2023, Idaho also passed controversial legislation that would allow the use of firing squads to execute death row inmates if no lethal injection drugs were available. 

When signing that bill, Idaho Governor Brad Little said:

For the people on death row, a jury convicted them of their crimes, and they were lawfully sentenced to death. It is the responsibility of the State of Idaho to follow the law and ensure that lawful criminal sentences are carried out.

The legislation now heads to consideration by the Idaho Senate.