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 twenty-five (25) years.
Idaho Statutes