19-2520C. EXTENSION OF PRISON TERMS FOR REPEATED SEX OFFENSES, EXTORTION AND KIDNAPPING. (1) Any person who is found guilty of violation of the provisions of sections 18-2401 (extortion), 18-4501 (kidnapping), 18-6101 (rape), or 18-1508 (lewd and lascivious conduct), Idaho Code, or any attempt or conspiracy to commit such crime(s); and committed such crime(s) by force, violence, duress, menace or threat of great bodily injury and who has been previously found guilty of any such crime, shall be sentenced to an extended term sentence. The extended term of imprisonment authorized in this section shall be computed by increasing the maximum sentence authorized for the crime for which the person was convicted by fifteen (15) years; provided, however, that no extension shall be imposed under this section for any such crime occurring prior to a period of fifteen (15) years during which the person remained free of prison custody, parole and being found guilty of a crime which is a felony; provided further that no extension shall be imposed under this subsection when the provisions of section 19-2520B, Idaho Code, would be applicable.
(2) Any person found guilty of an offense specified in subsection (1) of this section who has served two (2) or more prior prison terms for any crime specified in subsection (1) hereof, shall be sentenced to an extended term sentence. The extended term of imprisonment authorized in this section shall be computed by increasing the maximum sentence authorized for the crime for which the person was convicted by twenty (20) years; provided, that no extended term of imprisonment shall be imposed under this subsection for any prison term served prior to a period of fifteen (15) years during which the person remained free of prison custody, parole and being found guilty of a crime which is a felony.
(3) The extended terms of imprisonment required by this section shall apply to any aider or abettor; a person who acts in concert with, or a person who conspires with, the perpetrator of the crime.
(4) Any extended term of imprisonment required by this section shall not be imposed unless the fact of the prior commission of a crime is separately charged in the accusatory pleading and admitted by the accused or found to be true by the trier of fact after a verdict or finding of guilty on the substantive crime.
History:
[19-2520C, added 1981, ch. 150, sec. 2, p. 261; am. 1983, ch. 183, sec. 4, p. 498; am. 1984, ch. 63, sec. 3, p. 113; am. 1986, ch. 319, sec. 4, p. 786; am. 2022, ch. 124, sec. 21, p. 455.]
Structure Idaho Code
Section 19-2501 - TIME FOR JUDGMENT.
Section 19-2502 - DETERMINATION OF DEGREE OF CRIME.
Section 19-2503 - PRESENCE OF DEFENDANT.
Section 19-2504 - DEFENDANT TO BE BROUGHT BEFORE COURT.
Section 19-2505 - BENCH WARRANT TO ENFORCE ATTENDANCE.
Section 19-2506 - CLERK TO ISSUE WARRANT.
Section 19-2507 - FORM OF WARRANT.
Section 19-2508 - SERVICE OF WARRANT.
Section 19-2509 - ARREST OF DEFENDANT.
Section 19-2510 - ARRAIGNMENT FOR SENTENCE.
Section 19-2511 - GROUNDS FOR WITHHOLDING JUDGMENT.
Section 19-2512 - PRONOUNCEMENT OF JUDGMENT.
Section 19-2513 - UNIFIED SENTENCE.
Section 19-2514 - PERSISTENT VIOLATOR — SENTENCE ON THIRD CONVICTION FOR FELONY.
Section 19-2515A - IMPOSITION OF DEATH PENALTY UPON MENTALLY RETARDED PERSON PROHIBITED.
Section 19-2516 - COST OF PRESENTENCE INVESTIGATION.
Section 19-2517 - PRESENTENCE INVESTIGATION REPORT TO INCLUDE RECIDIVISM RATES.
Section 19-2518 - LIEN OF JUDGMENT FOR FINE.
Section 19-2519 - ENTRY OF JUDGMENT — RECORD.
Section 19-2520 - EXTENDED SENTENCE FOR USE OF FIREARM OR DEADLY WEAPON.
Section 19-2520C - EXTENSION OF PRISON TERMS FOR REPEATED SEX OFFENSES, EXTORTION AND KIDNAPPING.
Section 19-2520D - PRIOR FOREIGN CONVICTION.
Section 19-2520E - MULTIPLE ENHANCED PENALTIES PROHIBITED.
Section 19-2520F - CONSECUTIVE SENTENCES FOR FELONIES COMMITTED IN CORRECTIONAL FACILITIES.
Section 19-2520G - MANDATORY MINIMUM SENTENCING.
Section 19-2521 - SENTENCING CRITERIA FOR PLACING DEFENDANT ON PROBATION OR IMPOSING IMPRISONMENT.
Section 19-2523 - CONSIDERATION OF MENTAL ILLNESS IN SENTENCING.