IDAHO Statutes
TITLE 18
18-1506
CRIMES AND PUNISHMENTS
CHAPTER 15
CHILDREN AND VULNERABLE ADULTS
SEXUAL ABUSE OF A CHILD UNDER THE AGE OF SIXTEEN YEARS.
(1) It is a felony for any person eighteen (18) years of age or older, with the intent to gratify the lust, passions, or sexual desire of the actor, minor child or third party, to:
(a) Solicit a minor child under the age of sixteen (16) years to participate in a sexual act;
(b) Cause or have sexual contact with such minor child, not amounting to lewd conduct as defined in section 18-1508, Idaho Code;
(c) Make any photographic or electronic recording of such minor child; or
(d) Induce, cause or permit a minor child to witness an act of sexual conduct.
(2) For the purposes of this section "solicit" means any written, verbal, or physical act which is intended to communicate to such minor child the desire of the actor or third party to participate in a sexual act or participate in sexual foreplay, by the means of sexual contact, photographing or observing such minor child engaged in sexual contact.
(3) For the purposes of this section "sexual contact" means any physical contact between such minor child and any person, which is caused by the actor, or the actor causing such minor child to have self contact.
(4) For the purposes of this section "sexual conduct" means human
masturbation, sexual intercourse, sadomasochistic abuse, or any touching of the genitals or pubic areas of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.
(5)
Any person guilty of a violation of the provisions of this section
shall be imprisoned in the state prison for a period not to exceed twenty-five (25) years.
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The law is specific in punishment of sexual abuse of a minor (if it occurred) and that punishment is
not Capital in nature.
So if you view the actions of this child as justified vigilantism, then aren't we opening the doors for minors being able to circumvent existing laws. And once that happens, how long is it going to be before minors are exploited by unscrupulous adults in the commission of capital crimes. This already occurs with drug dealers using minors to peddle their products, because the minors only get a slap on the hands.
This is a case of murder (intentional and premeditated). Justifiable murder
No! Nowadays, children are taught to report sexual abuse at an early age, and by the age 14, this child knew better. The Idaho legal system needs to be very careful about setting a precedence, if this murder is allowed without prosecution. When a minor accidentally kills another person with an 'unloaded' gun, they are charged with murder and possibly the gun owner. This is worse than that.