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Convicted child rapists in Idaho can now face execution by firing squad, following the passage of a new law signed by Governor Brad Little on April 1, 2025, as reported by The Blaze.
The law, known as House Bill 380, makes child rape a capital offense in the state. The bill passed the Idaho House unanimously, though five senators—three Democrats and two Republicans — voted against it in the Senate. It comes just weeks after Idaho made the firing squad the state’s primary method of execution.
Gov. Little stated at the time of the bill’s ratification:
“Just like capital murder destroys lives, aggravated sexual abuse of a young child devastates victims and families for generations. The sexual abuse of children is sickening and evil, and perpetrators convicted of these crimes deserve the ultimate punishment.”
Sponsored by Republican state Reps. Bruce Skaug and Josh Tanner, the bill creates mandatory minimum sentences and increases penalties for sex crimes against children.
Under the new law, adults convicted of molesting a minor between ages 13 and 16 can face a minimum of 25 years in prison and up to life, provided at least two aggravating factors are present.
These aggravating factors include kidnapping the victim, inflicting great bodily harm, engaging in human trafficking, being a registered sex offender, being in a position of trust or custodial authority, use of coercion, or choking the victim during the offense.
In more severe cases, adults convicted of aggravated lewd conduct involving a child 12 or under may now be sentenced to either life in prison or death, again based on two or more aggravating factors.
In these cases, additional aggravating factors include any form of penile penetration or repeat offenses involving the same child. Rep. Skaug spoke to the House Judiciary, Rules and Administration Committee stating:
“Idaho currently has some of the most lenient statutes for child molestation and child rape in the nation. This legislation establishes a strong deterrent, making it clear Idaho will not tolerate these offenses.”
Idaho previously limited the death penalty to first-degree murder cases involving aggravating factors. With this expansion, Idaho joins Florida and Tennessee in allowing the death penalty for child rape.
Florida Gov. Ron DeSantis implemented a similar law in 2023 saying:
“We really believe that part of a just society is to have appropriate punishment. And so, if you commit a crime that is really, really heinous, you should have the ultimate punishment.”
Tennessee passed its version in 2024. Gov. Bill Lee signed legislation that permits capital punishment or life without parole for those convicted of raping children under age 13. For victims aged 8 or younger, the law requires either the death penalty or life imprisonment without parole.
Alabama may soon follow. In February 2025, the Alabama House voted 86-5 in favor of legislation that would make the rape of a child under 12 a capital crime.
Some Democrats have opposed such measures. In Idaho, Sens. Alison Rabe, Ron Taylor, and Melissa Wintrow voted against HB 380, along with Republican Sens. Phil Hart and Daniel Foreman.
The Idaho Capital Sun noted that lawmakers expect legal challenges ahead, citing a 2008 U.S. Supreme Court decision where the majority ruled the death penalty unconstitutional for child rape when the victim was not killed.
Despite that, Gov. Little said Idaho will continue pushing for strict enforcement.
“I commend my partners in the Legislature for strengthening Idaho’s already powerful ‘tough on crime’ reputation among the state.”
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