Idaho State Statutes - Idaho Attorney Directory

SEXUAL BATTERY OF A MINOR CHILD SIXTEEN OR SEVENTEEN YEARS OF
AGE -- PENALTY. (1) It is a felony for any person at least five (5) years of
age older than a minor child who is sixteen (16) or seventeen (17) years of
age, who, with the intent of arousing, appealing to or gratifying the lust,
passion, or sexual desires of such person, minor child, or third party, to:
(a) Commit any lewd or lascivious act or acts upon or with the body or
any part or any member thereof of such minor child including, but not
limited to, genital-genital contact, oral-genital contact, anal-genital
contact, oral-anal contact, manual-anal contact or manual-genital contact,
whether between persons of the same or opposite sex, or who shall involve
such minor child in any act of explicit sexual conduct as defined in
section 18-1507, Idaho Code; or
(b) Solicit such minor child to participate in a sexual act; or
(c) Cause or have sexual contact with such minor child, not amounting to
lewd conduct as defined in paragraph (a) of this subsection; or
(d) Make any photographic or electronic recording of such minor child.
(2) For the purpose of subsection (b) 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 purpose of this section, "sexual contact" means any physical
contact between such minor child and any person or between such minor children
which is caused by the actor, or the actor causing such minor child to have
self contact.
(4) Any person guilty of a violation of the provisions of subsection
(1)(a) of this section shall be imprisoned in the state prison for a period
not to exceed life.
(5) Any person guilty of a violation of the provisions of subsections
(1)(b), (1)(c), or (1)(d) of this section shall be imprisoned in the state
prison for a period not to exceed fifteen (15) years.

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