19-2520G. MANDATORY MINIMUM SENTENCING. (1) Pursuant to section 13, article V of the Idaho constitution, the legislature intends to provide mandatory minimum sentences for repeat offenders who have previously been found guilty of or pleaded guilty to child sexual abuse. The legislature hereby finds and declares that the sexual exploitation of children constitutes a wrongful invasion of a child and results in social, developmental and emotional injury to the child. It is the policy of the legislature to protect children from the physical and psychological damage caused by their being used in sexual conduct. In order to protect children from becoming victims of this type of conduct by perpetrators, it is necessary to provide the mandatory minimum sentencing format contained in subsection (2) of this section. By enacting mandatory minimum sentences, the legislature does not seek to limit the court’s power to impose in any case a longer sentence as provided by law.
(2) Any person who is found guilty of or pleads guilty to any offense requiring sex offender registration as set forth in section 18-8304, Idaho Code, or any attempt or conspiracy to commit such a crime, shall be sentenced to a mandatory minimum term of confinement to the custody of the state board of correction for a period of not less than fifteen (15) years, if it is found by the trier of fact that previous to the commission of such crime the defendant has been found guilty of or has pleaded guilty to a violation of any crime or an offense committed in this state or another state which, if committed in this state, would require the person to register as a sexual offender as set forth in section 18-8304, Idaho Code.
(3) The mandatory minimum term provided in this section shall be imposed where the aggravating factor is separately charged in the information or indictment and admitted by the accused or found to be true by the trier of fact at a trial of the substantive crime. A court shall not have the power to suspend, withhold, retain jurisdiction, or commute a mandatory minimum sentence imposed pursuant to this section. Any sentence imposed under the provisions of this section shall run consecutive to any other sentence imposed by the court.
History:
[19-2520G, added 1993, ch. 152, sec. 1, p. 387; am. 2006, ch. 154, sec. 1, p. 469; am. 2011, ch. 311, sec. 25, p. 903.]
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.