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.
(2) For the purpose of subsection (1)(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 subsection (1)(b) or (c) of this section shall be imprisoned in the state prison for a period not to exceed twenty-five (25) years.
History:
[18-1508A, added 1992, ch. 249, sec. 1, p. 733; am. 2006, ch. 178, sec. 7, p. 549; am. 2022, ch. 123, sec. 2, p. 435.]
Structure Idaho Code
Title 18 - CRIMES AND PUNISHMENTS
Chapter 15 - CHILDREN AND VULNERABLE ADULTS
Section 18-1501 - INJURY TO CHILDREN.
Section 18-1502 - BEER, WINE OR OTHER ALCOHOL AGE VIOLATIONS — FINES.
Section 18-1502B - POSSESSION OF INHALANTS BY MINORS.
Section 18-1505 - ABUSE, EXPLOITATION OR NEGLECT OF A VULNERABLE ADULT.
Section 18-1505A - ABANDONING A VULNERABLE ADULT.
Section 18-1505B - SEXUAL ABUSE AND EXPLOITATION OF A VULNERABLE ADULT.
Section 18-1506 - SEXUAL ABUSE OF A CHILD UNDER THE AGE OF SIXTEEN YEARS.
Section 18-1506A - RITUALIZED ABUSE OF A CHILD — EXCLUSIONS — PENALTIES — DEFINITION.
Section 18-1506B - FEMALE GENITAL MUTILATION OF A CHILD — EXCLUSIONS — PENALTIES — DEFINITION.
Section 18-1507 - DEFINITIONS — SEXUAL EXPLOITATION OF A CHILD — PENALTIES.
Section 18-1507A - SEXUAL EXPLOITATION OF A CHILD BY ELECTRONIC MEANS.
Section 18-1508 - LEWD CONDUCT WITH MINOR CHILD UNDER SIXTEEN.
Section 18-1508A - SEXUAL BATTERY OF A MINOR CHILD SIXTEEN OR SEVENTEEN YEARS OF AGE — PENALTY.
Section 18-1509 - ENTICING OF CHILDREN.
Section 18-1510 - PROVIDING SHELTER TO RUNAWAY CHILDREN.
Section 18-1512 - MEDICAL BILLS PAYMENT FOR CHILD TO BE ADOPTED OR MOTHER AN EXCEPTION.
Section 18-1512A - ADVERTISING FOR ADOPTION — PROHIBITED ACTS.
Section 18-1513 - OBSCENE MATERIALS — DISSEMINATION TO MINORS — POLICY.
Section 18-1514 - OBSCENE MATERIALS — DEFINITIONS.
Section 18-1515 - DISSEMINATING MATERIAL HARMFUL TO MINORS — DEFINED — PENALTY.
Section 18-1516 - MISREPRESENTATIONS — PARENTHOOD OR AGE — MISDEMEANOR.
Section 18-1517 - DISSEMINATING MATERIAL HARMFUL TO MINORS — DEFENSES.
Section 18-1517A - HIRING, EMPLOYING, ETC., MINOR TO ENGAGE IN CERTAIN ACTS — PENALTY.
Section 18-1518 - TIE-IN SALES OF PROHIBITED MATERIALS — MISDEMEANOR.
Section 18-1519 - EACH PROHIBITED ITEM DISSEMINATED CONSTITUTES SEPARATE OFFENSE.
Section 18-1520 - DISTRICT COURTS — INJUNCTIONS — TRIAL — ORDERS OF INJUNCTION.
Section 18-1522 - UNAUTHORIZED SCHOOL BUS ENTRY — NOTICE.
Section 18-1523 - MINORS — TATTOOING, BRANDING, TANNING DEVICES AND BODY PIERCING.