Sex Crimes: Definitions and Penalties
Idaho

The penetration, however slight, of the oral, anal or vaginal opening with a penis accomplished under any of the following circumstances:

• Where the victim is under the age of 16 years and the perpetrator is 18 years of age or older;
• Where the victim is 16 or 17 years and the perpetrator is three years or more older than the victim;
• Where the victim is incapable, through any unsoundness of mind, due to any cause including, but not limited to, mental illness, mental disability or developmental disability (temporary or permanent), of giving legal consent;
• Where the victim is prevented from resistance due to an objectively reasonable belief that resistance would be futile or that resistance would result in force or violence beyond that necessary to accomplish the prohibited contact;
• Where the victim resists but the resistance is overcome by force or violence;
• Where the victim is prevented from resistance by the infliction, attempted infliction, or threatened infliction of bodily harm; or is unable to resist due to any intoxicating, narcotic, or anesthetic substance;
• Where the victim is at the time unconscious of the nature of the act;
• Where the victim submits under the belief that the perpetrator is the victim’s spouse, and the belief is induced by artifice, pretense, or concealment practiced by the perpetrator, with intent to induce such belief;
• Where the victim submits under the belief that the perpetrator is someone other than the accused, and the belief is induced by artifice, pretense, or concealment practiced by the accused, with the intent to induce such belief; or
• Where the victim submits under the belief, instilled by the perpetrator, that if the victim does not submit, the perpetrator will cause physical harm to some person in the future; or cause damage to property; or engage in other conduct constituting a crime; or accuse any person of a crime or cause criminal charges to be instituted against the victim; or expose a secret or publicize an asserted fact, whether true or false, tending to subject any person to hatred, contempt, or ridicule.

• Rape is punishable by imprisonment in the state prison for a term not less than one year. The District Judge, at his/her discretion, may extend the imprisonment to life.
• Defendant also may be ordered by the court to provide restitution to the victim for specific costs incurred by the victim as a result of injury or loss caused by the criminal act.

The following definitions are relevant to this crime:

• “Unconscious of the nature of the act” means incapable of resisting because the victim: was unconscious or asleep; or was not aware, knowing, perceiving, or cognizant that the act occurred.
• "Age of perpetrator" means a person who is under the age of 14 at the time of an alleged rape may not be convicted of rape absent proof beyond a reasonable doubt that he is physically able to accomplish penetration.
• Males and females are both capable of committing the crime of rape.

• Idaho Code Ann. § 18-6101
• The punishment for rape appears in Idaho Code Ann. § 18-6104

No person shall be convicted of rape for any act or acts with that person’s spouse, unless:

• Where the victim resists but the resistance is overcome by force or violence;
• Where the victim is prevented from resistance by the infliction, attempted infliction, or threatened infliction of bodily harm; or is unable to resist due to any intoxicating, narcotic, or anesthetic substance;
• Where the victim is prevented from resistance due to an objectively reasonable belief that resistance would be futile or that resistance would result in force or violence beyond that necessary to accomplish the prohibited contact; or
• Where the victim submits under the belief, instilled by the actor, that if the victim does not submit, the actor will cause physical harm to some person in the future; or cause damage to property; or engage in other conduct constituting a crime; or accuse any person of a crime or cause criminal charges to be instituted against the victim; or expose a secret or publicize an asserted fact, whether true or false, tending to subject any person to hatred, contempt or ridicule.

• Rape is punishable by imprisonment in the state prison for a term not less than one year. The District Judge, at his/her discretion, may extend the imprisonment to life.
• Defendant also may be ordered by the court to provide restitution to the victim for specific costs incurred by the victim as a result of injury or loss caused by the criminal act.

N/A

• Idaho Code Ann. § 18-6107

• Engaging in sexual contact with a prisoner or juvenile offender (not his/her spouse), whether an in-state or out-of-state prisoner/juvenile offender, by any employee of the Idaho department of correction, the Idaho department of juvenile corrections, or any officer, employee, or agent of a state, local, or private correctional facility; or
• Knowingly engaging in sexual contact with any parolee or probationer (not his/her spouse), by any supervising officer.

• Sexual contact with a prisoner is a felony, punishable by imprisonment in the state prison for a term not to exceed life.

The following definitions are relevant to this crime:

• “Sexual Contact”: sexual intercourse, genital-genital contact, manual-anal contact, manual-genital contact, oral-genital contact, anal-genital contact or oral-anal contact, between persons of the same or opposite sex.

• Idaho Code Ann. § 18-6110

“Statutory rape” is commonly used to refer to sexual penetration that is illegal because it involves a youth and consent is immaterial. While Idaho does not expressly penalize statutory rape, the offense of rape targets this conduct.

• Statutory rape is rape if defendant penetrates, however slight, the oral, anal or vaginal opening with a penis and:
• The victim is under the age of 16 years and defendant is 18 years of age or older; or
• The victim is 16 or 17 years and defendant is three years or more older than the victim.

• Rape is punishable by imprisonment in the state prison for a term not less than one year. The District Judge, at his/her discretion, may extend the imprisonment to life.
• For Rape, defendant also may be ordered by the court to provide restitution to the victim for specific costs incurred by the victim as a result of injury or loss caused by the criminal act.

The following definitions are relevant to this crime:

• See Rape for relevant definitions.

• Idaho Code Ann. § 18-6101.

• Sexual abuse of a vulnerable adult: with the intent of arousing, appealing to, or gratifying the lust, passion, or sexual desires of a person, a vulnerable adult, or a third party to:
  • Commit any lewd or lascivious act or acts upon or with the body or any part or member thereof of a vulnerable adult 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;
  • Involve a vulnerable adult in any act of bestiality or sadomasochism; or
  • Cause or have sexual contact with a vulnerable adult, not amounting to lewd conduct as defined in the first sub-bullet above.

• Sexual exploitation of a vulnerable adult: if, for any commercial purpose, a person knowingly:
  • Causes, induces, or permits a vulnerable adult to engage in or be used in any explicit sexual conduct; or
  • Prepares, arranges for, publishes, produces, promotes, makes, sells, finances, offers, exhibits, advertises, deals in, possesses, or distributes sexually exploitive material.
  • The possession by any person of 3 or more identical copies of any sexually exploitative material shall create a presumption that such possession is for a commercial purpose.

• Sexual abuse of a vulnerable adult is a felony and shall be punishable by imprisonment in the state prison for a period not to exceed 25 years or by a fine not to exceed $25,000, or by both such fine and imprisonment.
• Sexual exploitation of a vulnerable adult shall be punishable by imprisonment in the state prison for a period not to exceed 15 years or by a fine not to exceed $25,000, or by both such fine and imprisonment.

• “Bestiality”: a sexual connection in any manner between a human being and any animal.
• “Commercial purpose”: the intention, objective, anticipation or expectation of monetary gain or other material consideration, compensation, remuneration or profit.
• “Explicit sexual conduct”: sexual intercourse, erotic fondling, erotic nudity, masturbation, sadomasochism, sexual excitement, or bestiality.
• “Sadomasochism”:

o    Real or simulated flagellation or torture for the purpose of real or simulated sexual stimulation or gratification; or

o    Real or simulated condition of being fettered, bound, or otherwise physically restrained for sexual stimulation or gratification of a person.

• “Sexual contact”: any physical contact between a vulnerable adult and any person or between vulnerable adults, which is caused by the actor, or the actor causing the vulnerable adult to have self-contact.
• “Sexually exploitative material”: any image, photograph, motion picture, video, print, negative, slide or other mechanically, electronically, digitally or chemically produced or reproduced visual material that shows a vulnerable adult engaged in, participating in, observing or being used for explicit sexual conduct, or showing a vulnerable adult engaging in, participating in, observing or being used for explicit sexual conduct, in actual time, including, but not limited to, video chat, webcam sessions or video calling.
• “Vulnerable adult”: a person 18 years of age or older who is unable to protect himself from abuse, neglect, or exploitation due to physical or mental impairment which affects the person's judgment or behavior to the extent that he lacks sufficient understanding or capacity to make or communicate or implement decisions regarding his person, funds, property or resources.

Idaho Code Ann. § 18-1505B

• Any person 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:
  • Solicits a minor child under the age of 16 years to participate in a sexual act;
  • Causes or has sexual contact with such minor child, not amounting to lewd conduct (as defined in 18-1508);
  • Makes any photographic or electronic recording of such minor child; or
  • Induces, causes, or permits a minor child to witness an act of sexual conduct.

• Imprisonment for a period not to exceed 25 years.

• “Sexual conduct”: human masturbation, sexual intercourse, sadomasochistic abuse, or any touching of the genitals or pubic areas of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.
• “Sexual contact”: 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.
• “Solicit”: 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.

Idaho Code Ann. § 18-1506

• Knowingly and willfully:
  • Possessing or accessing through any means including, but not limited to, the internet, any sexually exploitative material;
  • Causing, inducing, or permitting a child to engage in, or be used for, any explicit sexual conduct for the purpose of producing or making sexually exploitative material;
  • Promoting, preparing, publishing, producing, making, financing, offering, exhibiting, or advertising any sexually exploitative material; or
  • Distributing through any means including, but not limited to, mail, physical delivery or exchange, use of a computer or any other electronic or digital method, any sexually exploitative material. Distribution of sexually exploitative material does not require a pecuniary transaction or exchange of interests in order to complete the offense.

• Sexual exploitation of a child (possessing or accessing sexually exploitative material) is a felony and shall be punishable by imprisonment for a period not to exceed 10 years or by a fine not to exceed $10,000, or by both such imprisonment and fine.
• Sexual exploitation of a child (other than by possessing or accessing sexually exploitative material) is a felony and shall be punishable by imprisonment for a term not to exceed 30 years or by a fine not to exceed $50,000 or by both such fine and imprisonment. 

• “Child”: a person who is less than 18 years of age.
• “Explicit sexual conduct” means sexual intercourse, erotic fondling, erotic nudity, masturbation, sadomasochism, sexual excitement, or bestiality.
• “Sexually exploitative material”: any image, photograph, motion picture, video, print, negative, slide, or other mechanically, electronically, digitally or chemically produced or reproduced visual material which shows a child engaged in, participating in, observing, or being used for explicit sexual conduct, or showing a child engaging in, participating in, observing or being used for explicit sexual conduct, in actual time, including, but not limited to, video chat, webcam sessions or video calling.

• Idaho Code Ann. § 18-1507

• With the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of a person, a minor child, or third party:
  • Committing any lewd or lascivious act or acts upon or with the body or any part or member thereof of a minor child under the age of 16 years, 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
  • Involving such minor child in any act of bestiality or sadomasochism. 

• Imprisonment for a term of not more than life.

• “Bestiality”: a sexual connection in any manner between a human being and any animal.
• “Sadomasochism”
• Real or simulated flagellation or torture for the purpose of real or simulated sexual stimulation or gratification; or
• Real or simulated condition of being fettered, bound, or otherwise physically restrained for sexual stimulation or gratification of a person.

Idaho Code Ann. § 18-1508

• Any person who is at least 5 years of age older than a minor child who is 16 or 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:
  • 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;
  • Solicit such minor child to participate in a sexual act;
  • Cause or have sexual contact with such minor child, not amounting to lewd conduct as defined in the first sub-bullet above; or
  • Make any photographic or electronic recording of such minor child.

• Sexual battery of a minor child (committing any lewd or lascivious act): imprisonment for a period not to exceed life.
• Sexual battery of a minor child (other than committing any lewd or lascivious act): imprisonment for a period not to exceed 25 years.

• “Explicit sexual conduct”: sexual intercourse, erotic fondling, erotic nudity, masturbation, sadomasochism, sexual excitement, or bestiality.
• “Sexual contact”: 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.
• “Solicit”: 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.

• Idaho Code Ann. § 18-1508A

• Idaho does not criminalize consensual sodomy.
• Any state laws that outright prohibit sodomy are unconstitutional under Lawrence v. Texas, 539 U.S. 588 (2003).

• N/A

• N/A

• N/A