The Idaho House of Representatives passed legislation that would give the death penalty for individuals convicted of certain sex crimes against children.

HB 515 states that sex crimes committed against children under twelve years of age could be punished by death.

“If the minor child is under twelve (12) years of age, such person shall be, subject to the provisions of sections 19-2515 and 19-2515A, Idaho Code, punished by death or by imprisonment for life, provided that a sentence of death shall not be imposed unless the prosecuting attorney filed writ29 ten notice of intent to seek the death penalty as required under the provisions of section 18-4004A, Idaho Code, and provided further that whenever the death penalty is not imposed the court shall impose a sentence. If a jury, or the court if a jury is waived, finds a statutory aggravating circumstance beyond a reasonable doubt but finds that the imposition of the death penalty would be unjust, the court shall impose a fixed life sentence,” HB 515 reads.

“There is a deep, dark, dark side in our culture, and it’s our job to protect the children. There are times when things are so wicked that retribution is appropriate. It would be very rare that this case would happen, but it will happen. And I say to you when you see that case, you read about it in the newspaper you’re going to say this is the one case this needs to happen,” said state Rep. Bruce Skaug (R-Nampa).

The legislation’s sponsors hope the U.S. Supreme Court reviews the bill, if it becomes law, and therefore issue a ruling that would expand the eligibility for the death penalty.

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Idaho Capital Sun reports:

Idaho law only allows the death penalty in first-degree murder cases, according to Idaho Reports. The U.S. Supreme Court in 2008 blocked death penalties for child rape in Kennedy v. Louisiana. Florida passed a child rape death penalty law last year.

Responding to concerns that the Idaho bill is unconstitutional, Skaug said he thinks the current Supreme Court would reach a different decision.

“Well there’s constitutional and there’s constitutional. Depends on the court of the day,” Skaug, an attorney, told House lawmakers.

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 on a 57-11 vote.

It will advance to the state Senate for committee review.

Read HB 515 HERE.

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