SENTENCE: Not tough enough
The Tuesday, March 10 front page article “Silver Valley man gets 60-year sentence” for child sex abuse needs some further examination. It appears obvious from the victims’ interviews that they were under age 12 when subjected to the abuse over several years. This rendered the defendant subject to the relatively new 2025 Idaho Code Title 18, Section 18-1508D, “PUNISHMENT FOR AGGRAVATED LEWD CONDUCT WITH MINOR CHILD TWELVE OR UNDER.” This section dictates that those convicted under this section “... shall be punished by death or by imprisonment for life ...” The section goes on to define under what circumstances the death penalty cannot be imposed.
It also appears the plea bargain agreed to by prosecutors, defense attorneys, the court and the defendant incorporated punishment provisions under another relatively new Section 18-1508B, “AGGRAVATED LEWD CONDUCT WITH MINOR CHILD UNDER SIXTEEN.” Those convicted under this section “... shall be sentenced to a mandatory minimum fixed term of imprisonment of twenty-five (25) years with a maximum term of life ...” (subject to meeting 2 of 14 “aggravating factors” detailed in the section).
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