Idaho Sex Offenses and Why They are Different

Sex offenses in Idaho are crimes with a sexual undertone. Common sex offenses in Idaho are rape, sexual battery, lewd and lascivious conduct. Sex offenses are different from other crimes because of the way society construes such crimes. Because they are crimes against persons, every convicted sex offender in the state undergoes specific assessments from the Idaho Department of Correction. The evaluation result will determine the supervision and risk level of the convicted sex offender. Sex crimes are grouped as either misdemeanors or felonies based on factors such as the age of the involved parties and the severity of the crime. Persons convicted of sex offenses typically have the offense retained on their Idaho criminal records throughout their lifetime.

What is a Sex Crime in Idaho?

In Idaho, a sex crime occurs when a person causes another individual to engage in inappropriate or unwanted sexual misconduct. According to Title 18 of the Idaho statutes, sex crimes include but are not limited to: 

• Rape
• Lewd and lascivious conduct
• Statutory rape
• Sexual battery of a minor
• Child pornography and molestation
• Sexual exploitation by a care-giver
• Sexual exploitation of a vulnerable adult
• Infamous crimes against nature
• Kidnapping with intent to rape
• Indecent exposure
• Sexual abuse of a child
• Sexual contact with a prisoner

What are the Different Types of Sex Offenses?

Generally, sex crimes in Idaho are classified into the categories below:

Rape: this refers to any form of nonconsensual sexual intercourse. The Idaho statutes cover both men and women under its rape laws.

The Idaho statutes section 18-6101 & 18-6108 defines woman rape as the penetration of any opening in the female body under any of the circumstances below:

• The perpetrator is no less than 18 years old, while the victim is not 16 years old
• The woman is between 16 and 17 years old, while the perpetrator is no less than three years older
• The victim is mentally incapacitated and, as a result, cannot consent legally
• The victim was subdued through force or strong compulsion
• The victim could not resist because of the pain inflicted by the offender or the threat of it.
• This victim was incapable of resistance due to any anesthetic, narcotic or intoxicating substance
• The victim was unconscious of the occurrence
• The woman submits because the perpetrator is the husband
• The victim submits because the husband threatened to inflict bodily harm or reveal a secret

Male rape is when the offender’s sexual organ penetrates either the anal or oral opening in another man’s body for sexual abuse, gratification, or arousal under any of the following circumstances:

• The perpetrator is no less than 18 years old, while the victim is not 16 years old.
• The woman is between 16 and 17 years old, while the perpetrator is no less than three years older.
• The victim is mentally incapacitated and, as a result, cannot consent legally.
• The victim was subdued through force or strong compulsion.
• The victim could not resist because of the pain inflicted by the offender or the threat of it.
• This victim was incapable of resistance due to any anesthetic, narcotic, or intoxicating substance.
• The victim was not conscious of the manner of offense. This is also termed as the accused penalties.

This offense is punishable by one year (minimum) imprisonment. The court can also extend the sentence to life imprisonment, depending on the crime’s gravity and outcome.

Lewd & Lascivious Conduct: This refers to any conduct intended to arouse or gratify an offender’s sexual desires. Under § 18-1508, engaging in this act upon or with any body part of sixteen years old could result in a life imprisonment sentence (maximum). Whether it occurred between parties of the opposite or same-sex is irrelevant.

Sexual Exploitation of a Child: This can be defined as the willful possession or accessing of any sexual material through different mediums, including the web, with the intent to exploit a minor. Exploiting a child to engage or, in any way, be a part of any explicit sexually exploitative material falls under this crime regardless of whether a pecuniary transaction took place. Pursuant to § 18-1507, sexually exploiting a minor (when the offender only accesses or possesses an exploitative material) is a felony and, therefore, punishable by ten year jail time (maximum). At times the punishment can be a fine of $10,000 (maximum) or even both. However, this crime (when the offender uses the material to compel or forcefully exploit a minor) is a felony punishable by a 30 year jail time (maximum) or a fine no less than $50,000. At other times the offender could suffer both punishments.

Sexual abuse of a minor: This occurs when an individual that is more than 18 years old assaults a minor to gratify or satisfy sexual desires. This also occurs when an offender solicits a child that is less than 16 years of age to engage in any sexual conduct. Under this crime, a person creates an electronic or photographic recording of a minor engaging in any sexual act or Induces/permits the child to witness any sexual act. Based on § 18-1506 of the Idaho laws and punishment is a maximum of 25 years of jail time.

Levels of Sex Offenses in Idaho

According to the Idaho legislature on sex offenders, the state operates a 5-level sex offender registry. Level one offenses represent the least severe acts, while level five represents the more serious crimes such as sexual murder and certain child abuses.

Below are the sex offender levels in Idaho and their registration terms:

• Level one: 10 years of annual registration with the local sheriff after release from parole or incarceration
• Level two: 20 years of annual registration with the local sheriff after release from parole or incarceration
• Level three: 30 years of annual registration with the local sheriff after release from parole of incarceration
• Level four: 40 years of semi-annual registration with the local sheriff after release from parole or incarceration
• Level five: quarterly registration for life.

How Do I Find A Sex Offender Near Me in Idaho?

Interested parties can access the records of sex offenders in Idaho from the state’s local law enforcement bodies. The law enforcement agencies are responsible for recording, maintaining, and disseminating sex offender documents in the state. Under the Idaho right-to-know-act (RTKA), residents of the state can publicly access these records.

Alternatively, individuals can view these records online via the  Idaho sex offender registry.

Idaho Sex Offender Registry

The Sex Offender Registry (SOR) is Idaho’s central database system containing all of the state’s registered sex offenders. This sex registry is maintained and updated by the  Idaho state police. Interested persons can lookup sex offender records by name, county, city, map, and zip code.

Some of the information disclosed from the registry are:

• Full name (including nicknames)
• Date of birth
• Past, current, and intended living addresses
• Images
• Full physical description  
• Race
• Crime report

Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in. 

Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

What are the Sex Offender Restrictions in Idaho?

According to section 18-8332, 18-8329, and 18-8327 of the Idaho code, sex offenders are restricted from:

• Accepting or seeking a job in any public, home, or group daycare facility. Or to remain on daycare premises while children are still around.
• Residing in the same place as an individual who is also required to register as a sex offender
• Living in a place or property where a person aged less than 18 years resides or attends school. More so when they are involved in an activity or are preparing (within thirty minutes) to begin their scheduled training.
• Knowingly loitering within 500 feet from a facility harboring children
• Being in any school or daycare owned/rented transport vehicle used for transporting students.