Idaho -- Age of Consent

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Idaho Statutes

                                 TITLE  18
                          CRIMES AND PUNISHMENTS
                                CHAPTER 15
                      CHILDREN AND VULNERABLE ADULTS
 18-1506.  SEXUAL ABUSE OF A CHILD UNDER THE AGE OF SIXTEEN YEARS. (1) It
is a felony for any person eighteen (18) years of age or older, with the
intent to gratify the lust, passions, or sexual desire of the actor, minor
child or third party, to:
    (a)  solicit a minor child under the age of sixteen (16) years to
    participate in a sexual act, or
    (b)  cause or have sexual contact with such minor child, not amounting
    to lewd conduct as defined in section 18-1508, Idaho Code, or
    (c)  make any photographic or electronic recording of such minor child.
 (2)  For the purposes of this section "solicit" means any written, verbal,
or physical act which is intended to communicate to such minor child the
desire of the actor or third party to participate in a sexual act or
participate in sexual foreplay, by the means of sexual contact,
photographing or observing such minor child engaged in sexual contact.
 (3)  For the purposes of this section "sexual contact" means any physical
contact between such minor child and any person, which is caused by the
actor, or the actor causing such minor child to have self contact.
 (4)  Any person guilty of a violation of the provisions of this section
shall be imprisoned in the state prison for a period not to exceed fifteen
(15) years.

 

 

 

Idaho Statutes

                                 TITLE  18
                          CRIMES AND PUNISHMENTS
                                CHAPTER 15
                      CHILDREN AND VULNERABLE ADULTS
 18-1508A.  SEXUAL BATTERY OF A MINOR CHILD SIXTEEN OR SEVENTEEN YEARS OF
AGE -- PENALTY. (1) It is a felony for any person at least five (5) years
of age older than a minor child who is sixteen (16) or seventeen (17) years
of age, who, with the intent of arousing, appealing to or gratifying the
lust, passion, or sexual desires of such person, minor child, or third
party, to:
    (a)  Commit any lewd or lascivious act or acts upon or with the body or
    any part or any member thereof of such minor child including, but not
    limited to, genital-genital contact, oral-genital contact, anal-genital
    contact, oral-anal contact, manual-anal contact or manual-genital
    contact, whether between persons of the same or opposite sex, or who
    shall involve such minor child in any act of explicit sexual conduct as
    defined in section 18-1507, Idaho Code; or
    (b)  Solicit such minor child to participate in a sexual act; or
    (c)  Cause or have sexual contact with such minor child, not amounting
    to lewd conduct as defined in paragraph (a) of this subsection; or
    (d)  Make any photographic or electronic recording of such minor child.
 (2)  For the purpose of subsection (b) of this section, "solicit" means
any written, verbal or physical act which is intended to communicate to
such minor child the desire of the actor or third party to participate in a
sexual act or participate in sexual foreplay, by the means of sexual
contact, photographing or observing such minor child engaged in sexual
contact.
 (3)  For the purpose of this section, "sexual contact" means any physical
contact between such minor child and any person or between such minor
children which is caused by the actor, or the actor causing such minor
child to have self contact.
 (4)  Any person guilty of a violation of the provisions of subsection
(1)(a) of this section shall be imprisoned in the state prison for a period
not to exceed life.
 (5)  Any person guilty of a violation of the provisions of subsections
(1)(b), (1)(c), or (1)(d) of this section shall be imprisoned in the state
prison for a period not to exceed fifteen (15) years.

 

The heat is on
From: (http://www.worldmag.com/world/issue/11-09-96/national_2.asp)
Nov 9, 1996 -- Permanent archive to prevent loss of news article.

Idaho prosecutor: old law, new plan to curb teen pregnancy
By Scott Morris 

Temperatures have dropped in rural Emmett, Idaho, where
the Emmett High School Huskies are readying for Friday
night's district championship football game. Quarterback
Brian Beitia, a promising junior with a penchant for the short
pass and a reliance on his running backs, will lead these sons
of sawmill workers and cherry growers against nearby
Bishop Kelley High School. If Emmett wins, the state
championships are two weeks away. Though the highs are in
the 40s now, by then the temperatures could be in the single
digits.

It's not just the out-of-doors that's cooled, Gem County
prosecutor Douglas Varie hopes. His effort to prosecute
pregnant teens and their boyfriends under a dusty 1921 law
against fornication could help reduce the area's relatively
high teen pregnancy rate.

"The cost isn't just in welfare," Mr. Varie has said. "A male
 child of a single teen mother is more likely to go to jail than a
 child with two parents."

So far, half a dozen teens have been charged. Only one has
pleaded innocent, but because she was 38 weeks pregnant,
the judge found her guilty. Most are given suspended
sentences and sent to mandated parenting classes. They're
also told to stay in school.

It's not that Emmett's pregnancy rate is especially high; at 83
teen pregnancies per 1,000 population, the rate is only about
three-quarters of the national average. It's that it's no longer
considered odd or wrong for a teenage girl to be pregnant,
according to Mr. Varie, who is 33. "As a juvenile, I wouldn't
have [broken this law]," he contends. "I was too scared of
my parents."

His prosecutions are part of a growing movement to use
laws once considered outdated to help make teen sexual
activity unacceptable again. The biggest part of the effort has
been enforcing laws against statutory rape. Since WORLD
first reported on this trend in 1994, more and more states
have been warming to the idea.

California, Republican Gov. Pete Wilson has earmarked
money to help counties form Underage Sex Offenses units.
The state legislature is also expected to hike the penalty for
statutory rape in cases where the girl gets pregnant.
Democratic Assemblyman Louis Caldera is pushing another
measure that would allow the girls (and families of girls) to
file civil suits against the men.

Florida, lawmakers approved the MAMA (Make Adult
Males Accountable) bill last summer. This new law increases
penalties for statutory rape and defines sex with a girl
younger than 14 as child abuse.

Delaware, the legislature doubled the punishment range
for statutory rape and also added the words "child abuse" to
the definition; that means that school counselors and other
government workers can report suspected crimes without
breaking confidentiality rules. Delaware Gov. Tom Carper
admits, "We've not been diligent in enforcing these laws, and
we are going to become diligent."

New York state, the district attorney of Syracuse formed
a special bureau that will focus solely on statutory rape
offenses. He hopes his office will be able to prosecute 100
to 150 cases each year.

What drives this movement is the appalling number of teen
pregnancies--more than a million a year--and the fact that in
two-thirds of these pregnancies, the father is age 20 or
older. Even President Clinton has indicated his willingness to
go along; Henry Foster, the failed surgeon general nominee
who now heads the president's campaign to reduce teen
pregnancies, has said prosecuting statutory rape cases will
be "very important, because we know many of these sexual
acts are not consensual."

But Mr. Foster--like state legislatures in the 1970s and
'80s--is missing the point. A minor girl, whether willing or
not, is unable to give consent: The laws used to state that the
male was committing a crime. But in those decades, the idea
that teenage sex was inevitable was taking hold; states
lowered their ages of consent (two states, Hawaii and
Pennsylvania, said the age of consent is 14) and added a
"kids-will-be-kids" clause that says sex is okay if the
participants are close in age. And in 1981, California
removed statutory rape from its definition of child sexual
abuse.

That permissive attitude is turning around now, though not
without some resistance, especially among some underage
girls who refuse to name their older sexual partners. That's
not a problem in enforcing anti-fornication laws--teen
pregnancy is visible proof of guilt--but it's up to the guilty
party to name her partner in crime. Whether other
prosecutors will follow Douglas Varie's lead seems doubtful.
The ACLU is complaining about selective enforcement, and
many politicians couldn't credibly go on record in support of
anti-fornication laws. In Emmett, high-schoolers' minds are
more on Friday night's game than on the fornication laws.

"Do I think this law will make them think twice? Maybe, I
don't know," says Emmett High vice-principal Steve Beitia
the quarterback's dad). "I hope so. I think it might have, in
the past, when it was used more." 

 

 

 

 

 

 

07-2000 New Source: U.S. statutory rape laws is published on the Web by the National
Clearinghouse on Child Abuse and Neglect Information. The booklet, which
requires Adobe Acrobat to read, is located at:


http://www.calib.com/nccanch/pubs/99statutes/35-SexualOffenses.PDF

 

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