2005 Idaho Code - 19-2520G — MANDATORY MINIMUM SENTENCING

                                  TITLE  19
                              CRIMINAL PROCEDURE
                                  CHAPTER 25
                                   JUDGMENT
    19-2520G.  MANDATORY MINIMUM SENTENCING. (1) Pursuant to section 13,
article V of the Idaho constitution, the legislature intends to provide
mandatory minimum sentences for repeat offenders who have previously been
found guilty of or pleaded guilty to child sexual abuse. The legislature
hereby finds and declares that the sexual exploitation of children constitutes
a wrongful invasion of a child and results in social, developmental and
emotional injury to the child. It is the policy of the legislature to protect
children from the physical and psychological damage caused by their being used
in sexual conduct.  In order to protect children from becoming victims of this
type of conduct by perpetrators, it is necessary to provide the mandatory
minimum sentencing format contained in subsection (2) of this section. By
enacting mandatory minimum sentences, the legislature does not seek to limit
the court's power to impose in any case a longer sentence as provided by law.
    (2)  Any person who is found guilty of or pleads guilty to any offense
requiring sex offender registration as set forth in section 18-8304, Idaho
Code, or any attempt or conspiracy to commit such a crime, shall be sentenced
to a mandatory minimum term of confinement to the custody of the state board
of correction for a period of not less than fifteen (15) years, if it is found
by the trier of fact that previous to the commission of such crime the
defendant has been found guilty of or has pleaded guilty to a violation of any
crime or an offense committed in this state or another state which, if
committed in this state, would require the person to register as a sexual
offender as set forth in section 18-8304, Idaho Code.
    (3)  Any person who is found guilty of or pleads guilty to any offense
requiring sex offender registration as set forth in section 18-8304, Idaho
Code, or any attempt or conspiracy to commit such a crime, shall be sentenced
to a mandatory minimum term of confinement to the custody of the state board
of correction for a period of not less than life, if it is found by the trier
of fact that previous to the commission of such crime the defendant has been
and is designated a violent sexual predator as set forth in section 18-8314,
Idaho Code, or the equivalent under the laws of another state at the time of
committing such offense.
    (4)  The mandatory minimum term provided in this section shall be imposed
where the aggravating factor is separately charged in the information or
indictment and admitted by the accused or found to be true by the trier of
fact at a trial of the substantive crime. A court shall not have the power to
suspend, withhold, retain jurisdiction, or commute a mandatory minimum
sentence imposed pursuant to this section. Any sentence imposed under the
provisions of this section shall run consecutive to any other sentence imposed
by the court.