Bill Allowing Death Penalty For Crimes Involving Minors Advances

The Idaho House passed a powerful measure that would allow for the death penalty to be imposed in cases of lewd and inappropriate conduct involving children under age 12.

House Bill 515 passed with 57 positive votes and 11 nays. 

Though likely not necessary, bill so-sponsor Rep. Bruce Skaug (R) assured lawmakers that it would be applied only in extreme cases. “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.”

Skaug said repeat offenders would be the primary targets for the death penalty. “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.”

He said it would be a rare situation for a prosecutor to ask for the death penalty for such a crime. “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 Republican added, “I believe this is worth the fight.”

Lining up on the other side predictably was the American Civil Liberties Union. Spokesperson Rebecca De Leon called the measure to protect children under 12 “blatantly and admittedly unconstitutional.”

She claimed its provisions were already argued before the U.S. Supreme Court and were ruled unconstitutional. “Our lawmakers should exercise a healthy respect for laws, law enforcement, and judicial review. This spits on the checks and balances our country was founded on.”

Skaug, who is an attorney, responded to such concerns by noting, “Well there’s constitutional and there’s constitutional. Depends on the court of the day.”

The U.S. Supreme Court in 2008 struck down the death penalty for such crimes in a Louisiana case. Florida passed a similar bill last year to enact the ultimate punishment for the heinous crime.

Idaho currently only allows the death penalty for first-degree murder cases. Only eight prisoners currently occupy the state’s death row.