Governor Brad Little Authorizes Death Penalty for Pedophiles in Idaho

Republican Idaho Governor Brad Little passed a law last week granting judges and juries the power to sentence convicted pedophiles to the death penalty.

The news came a month after Little made firing squads the Gem State’s primary method of execution for child sex abusers.

Upon ratifying the legislation, Little said:

“Just like capital murder destroys lives, aggravated sexual abuse of a young child devastates victims and families for generations.

The sexual abuse of children is sickening and evil, and perpetrators convicted of these crimes deserve the ultimate punishment.”

Idaho House Bill 380, sponsored by Republican state Reps. Bruce Skaug and Josh Tanner, sets a minimum prison sentence of 25 years to life for the molestation of a minor aged 13–16 if two of 14 aggravating factors are present, The Blaze reports.

Aggravating factors include whether:

• the victim was kidnapped;
• the pedophile caused great bodily harm to the victim;
• the pedophile was engaged in human trafficking;
• the pedophile was already a registered sex offender;
• the pedophile was in a position of trust, had supervisory or disciplinary power over the victim, or at the time of the offense had parental/custodial authority over the child;
• the victim was coerced; and/or
• the victim was choked during the commission of the lewd conduct.

An adult pedophile found guilty of engaging in aggravated lewd conduct with a child aged 12 or under will now be punished by life in prison or death if two similar aggravating factors are present.

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The list of aggravating factors includes any form of penile penetration and repeat incidents involving the same victim.

Previously, Idaho allowed the death penalty only in first-degree murder cases with aggravating factors.

Skaug told his colleagues on the Idaho House Judiciary, Rules, and Administration Committee:

“Idaho currently has some of the most lenient statutes for child molestation and child rape in the nation.
This legislation establishes a strong deterrent, making it clear Idaho will not tolerate these offenses.”

While the legislation passed the state House unopposed, three Democrats voted against it in the state Senate.

Those included:

• Sens. Alison Rabe
• Ron Taylor
• Melissa Wintrow

Two Republicans also voted against the bill, including:

• Sen. Phil Hart
• Daniel Foreman

Gov. Little noted in a statement earlier this month:

“I commend my partners in the Legislature for strengthening Idaho’s already powerful ‘tough on crime’ reputation among the state.”

However, Idaho lawmakers expect a legal challenge, given that the U.S. Supreme Court ruled in a 2008 5–4 decision that sentencing a pedophile to death is unconstitutional in cases where the victim was not killed.

Former Justice Anthony Kennedy wrote in the majority opinion:

“The death penalty is not a proportional punishment for the rape of a child,” and added that “in most cases, justice is not better served by terminating the life of the perpetrator rather than confining him and preserving the possibility that he and the system will find ways to allow him to understand the enormity of his offense.”

Democrats, however, appear reluctant to strengthen penalties for pedophiles.

For instance, Colorado Democrats voted in 2023 against a bill making indecent exposure to children a felony and killed legislation last year that would have mandated minimum sentences for pedophiles who use children for sexual exploitation.

In 2020, California Gov. Gavin Newsom ratified legislation to enable judges to go easy on non-straight pedophiles convicted of sex crimes against teenage minors.

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