Idaho set to institute death penalty for child sex abuse

The Idaho Legislature on Monday passed a bill that would allow the death penalty as a legal punishment for people convicted of sexually abusing children. The bill now goes to Gov. Brad Little for final approval. The legislation would create a new criminal charge, aggravated lewd conduct with children 12 and younger. It also would lay out new mandatory minimum prison sentences for other cases of child abuse.

The Idaho Senate passed the bill 30-5 on Monday. Three Democratic senators and two Republicans voted against it. The state House passed the measure unanimously last week, though seven representatives were marked absent.

Local news reported that the bill would become law even if Gov. Little withheld his signature. And a governor's veto in Idaho can be overridden by a two-thirds majority.

What crimes are eligible for the death penalty under Idaho’s current law? Right now, only first-degree murder is punishable by death. Gov. Little signed a law making firing squad the Gem State’s primary execution method two weeks ago.

Will the Supreme Court declare the bill unconstitutional if it becomes law? The nation’s highest court struck down death penalties for child rape in the 2008 case Kennedy v. Louisiana. Since then Florida and Tennessee have both passed laws similar to the proposed Idaho measure in the last few years. The bill’s sponsor, Republican Rep. Bruce Skaug, has said that imposition of the death penalty should be rare under the bill, the Idaho Capital Sun reported. The Supreme Court is unlikely to take issue with the measure, he said.