Idaho

 
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The Laws That Should Protect Our Children

Current Civil SOL in a nutshell

SOL vs. perp: +5 years from majority = Age 23 SOL vs. employer: +5 years from majority = Age 23

Majority Tolling: √ Age 18 Discovery Tolling: √ Liberal (+5 years)

SOL: +5 from majority or liberal discovery

Idaho Code § 6-1704 (1) (“Notwithstanding any limitation contained in chapter 2, title 5, Idaho Code, an action under the provisions of this chapter must be commenced within five (5) years from the date that an aggrieved child reaches the age of eighteen (18) years or, after the child reaches the age of eighteen (18) years, within five (5) years of the time the child discovers or reasonably should have discovered the act, abuse or exploitation and its causal relationship to an injury or condition suffered by the child, whichever occurs later.”)

TOLLING:

  1. Discovery, liberal. Idaho Code § 6-1704(1) (“…t]he time child discovers or reasonably should have discovered the act, abuse or exploitation and its causal relationship to injury or condition suffered, whichever occurs later”); Idaho Code § 6-1704(2) (“The child need not establish which act in a series of continuing acts, abuse or exploitation caused the injury complained of, but may compute the date of discovery from the date of discovery of the last act by the same perpetrator which is part of a common scheme or plan.”);

  2. Majority, yes. (“from the date that an aggrieved child reaches the age of eighteen (18) years”) Idaho Code § 6-1704 (1)

Current Criminal SOL in a nutshell

None for sexual abuse or lewd conduct with a child

None for rape victims under Age 18.

+5 years from commission or +3 years from reporting for other remaining felonies.

APPLICATION: All claims not barred as of March 13, 2006.

None for Sexual abuse of a child or lewd conduct with a child under the age of as set forth in sections 18-1506 and 18-1508 of the Idaho Code; None for rape victims under age 18. Idaho Code § 19-401(3)-(4). Either +5 years from commission, or +3 years from minor victim’s reporting to authorities for other felonies. Idaho Code § 19-402.

Idaho Code § 19-401(3) (“Notwithstanding any other provision of law, there is no limitation of time within which a prosecution for the following crimes must be commenced…Rape pursuant to section 18-6101(3) through (9), or section 18-6108(3) through (7), Idaho Code; Idaho Code § 19-401”)

Idaho Code § 19-401(4) – (“Notwithstanding any other provision of law, there is no limitation of time within which a prosecution for the following crimes must be commenced…Sexual abuse of a child or lewd conduct with a child as set forth in sections 18-1506 and 18-1508, Idaho Code…”)

Sexual abuse of a child under the age of sixteen years. (Idaho Code § 18-1506)

Lewd conduct with minor child under sixteen. (Idaho Code § 18-1508)

2006 Ida. HB 534, 2006 Ida. ALS 39, 2006 Idaho Sess. Laws 39, 2006 Ida. Ch. 39, 2006 Ida. HB 534

Idaho Code § 19-402. A prosecution for any felony other than those specified in section 19-401, Idaho Code, must be commenced by the filing of the complaint or the finding of an indictment within five (5) years after its commission provided however, a prosecution under section 18-1506A, Idaho Code, must be commenced within three (3) years after the date of initial disclosure by the victim.

Ritualized abuse of a child — Exclusions — Penalties — Definition. (18-506A)

Age of Majority: 18. See, Idaho Code Ann. § 32-101.
Age of Consent: 16. See, Idaho Code Ann.§ 18-1506.

Age of Marriage with Parental Consent: 16 (under 16 with judicial consent after the court decides that the minor is mentally and physically developed to assume full marital duties).
Age of Marriage without Parental Consent: 18.
See, Idaho Code Ann. § 32-202. See, Fla. Stat. Ann. § 741.0405.


Medical Neglect Statute

CIVIL MEDICAL NEGLECT STATUTE

[N]o child whose parent or guardian chooses for such child treatment by prayers through spiritual means alone in lieu of medical treatment, shall be deemed for that reason alone to be neglected or lack parental care necessary for his health and well being. . . . Idaho Code §16-1602(28)(a)

In making its order under subsection (a) of this sec¬tion, the court shall take into consideration any treatment being given the child by prayer through spiritual means alone, if the child or his parent, guardian or legal custodian are adherents of a bona fide religious denomination that relies exclusively on this form of treatment in lieu of medical treatment. Idaho Code §16-1627(3) in Authorization of emergency medical treatment

CRIMINAL MEDICAL NEGLECT STATUTE

IDAHO defenses to criminal injury to children, nonsupport and manslaughter The practice of a parent or guardian who chooses for his/her child treatment by prayer or spiritual means alone shall not for that reason alone be construed to have violated the duty of care to such child. Idaho Code §18-1501(4)

The practice of a parent or guardian who chooses for his child treatment by prayer or spiritual means alone shall not for that reason alone be construed to be a violation of the duty of care to such child. Idaho Code §18-401(2)

Note: Idaho has in effect a religious defense to manslaughter as well because man¬slaughter at Idaho Code §18-4006(2) requires that “an unlawful act” has been committed.


Religous Liberty Statute

Religious liberty statute that could put children at risk

Current Law: IDAHO CODE § 73-401 TO -404

Enacted: March 31, 2000

§ 73-401. DEFINITIONS As used in this chapter unless the context otherwise requires:

(1) “Demonstrates” means meets the burdens of going forward with evidence, and persuasion under the standard of clear and convincing evidence.

(2) “Exercise of religion” means the ability to act or refusal to act in a manner substantially motivated by a religious belief, whether or not the exercise is compulsory or central to a larger system of religious belief.

(3) “Government” includes this state and any agency or political subdivision of this state.

(4) “Political subdivision” includes any county, city, school district, taxing district, municipal corporation, or agency of a county, city, school district, or municipal corporation.

(5) “Substantially burden” means to inhibit or curtail religiously motivated practices. Read More § 73-402. FREE EXERCISE OF RELIGION PROTECTED

(1) Free exercise of religion is a fundamental right that applies in this state, even if laws, rules or other government actions are facially neutral.

(2) Except as provided in subsection (3) of this section, government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability.

(3) Government may substantially burden a person’s exercise of religion only if it demonstrates that application of the burden to the person is both: (a) Essential to further a compelling governmental interest; (b) The least restrictive means of furthering that compelling governmental interest.

(4) A person whose religious exercise is burdened in violation of this section may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against a government. A party who prevails in any action to enforce this chapter against a government shall recover attorney’s fees and costs.

(5) In this section, the term “substantially burden” is intended solely to ensure that this chapter is not triggered by trivial, technical or de minimis infractions.

§ 73-403. APPLICABILITY

(1) This chapter applies to all state laws and local ordinances and the implementation of those laws and ordinances, whether statutory or otherwise, and whether enacted or adopted before, on or after the effective date of this chapter.

(2) State laws that are enacted or adopted on or after the effective date of this chapter are subject to this chapter unless the law explicitly excludes application by reference to this chapter.

(3) This chapter shall not be construed to authorize any government to burden any religious belief.

§ 73-404. SEVERABILITY

If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provision or application and to this end the provisions of this act are severable.

Pending Bill: HB 426 & 427 2015 Pending Bills

Previously Introduced: 2014 Pending Bill H.B 426 & 427 LEGISLATURE OF THE STATE OF IDAHO

Sixty-second Legislature Second Regular Session – 2014 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 426 BY STATE AFFAIRS COMMITTEE

AN ACT RELATING TO THE FREE EXERCISE OF RELIGION; AMENDING CHAPTER 4, TITLE 73, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 73-405, IDAHO CODE, TO PROHIBIT ANY OCCUPATIONAL LICENSING BOARD OR GOVERNMENTAL SUBDIVISION OR ENTITY FROM DENYING, REVOKING OR SUSPENDING A PERSON’S PROFESSIONAL OR OCCUPATIONAL LICENSE, CERTIFICATE OR REGISTRATION DUE TO CERTAIN CONDUCT, TO CLARIFY THAT SPECIFIED PROVISIONS ARE NOT A DEFENSE TO AND DO NOT AUTHORIZE THE INTENTIONAL INFLICTION OF EMOTIONAL OR PHYSICAL INJURY UPON ANY PERSON AND TO PROVIDE THAT SPECIFIED PROVISIONS DO NOT AUTHORIZE VIOLATION OF CERTAIN DESIGNATED LAWS. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. That Chapter 4, Title 73, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION, to be known and designated as Section 73-405, Idaho Code, and to read as follows:

73-405. FREE EXERCISE OF RELIGION — PROFESSIONAL OR OCCUPATIONAL LICENSE — CERTIFICATE OR REGISTRATION. (1) No occupational licensing board or governmental subdivision or entity shall deny, revoke or suspend a person’s professional or occupational license, certificate or registration for any of the following and the following are not unprofessional conduct:

(a) Declining to provide or participate in providing any service that violates the person’s sincerely held religious beliefs or exercise of religion except where performing emergency response duties for public safety.

 (b) Refusing to affirm a statement or oath that is contrary to the person’s sincerely held religious beliefs or exercise of religion.

 (c) Expressing sincerely held religious beliefs.

 (d) Providing faith-based services.

 (e) Making business-related decisions in accordance with sincerely held religious beliefs or exercise of religion including, but not limited to:

      (i) Employment decisions;

      (ii) Client selection decisions;

      (iii) Financial decisions.

(2) This section is not a defense to and does not authorize in any way the intentional infliction of emotional or physical injury upon any person.

(3) This section does not authorize any person to engage in conduct that violates the emergency medical treatment and active labor act, 42 U.S.C., section 1395dd, or the religious land use and institutionalized persons act, 42 U.S.C., section 2000cc-1,as of the effective date of this section.

LEGISLATURE OF THE STATE OF IDAHO Sixty-second Legislature Second Regular Session – 2014 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 427 BY STATE AFFAIRS COMMITTEE

AN ACT RELATING TO THE FREE EXERCISE OF RELIGION; AMENDING SECTION 73-402, IDAHO CODE, TO PROVIDE THAT A PERSON WHOSE EXERCISE OF RELIGION IS BURDENED IN VIOLATION OF SPECIFIED LAW MAY OBTAIN APPROPRIATE RELIEF AGAINST ANY PERSON RELYING UPON ANY GOVERNMENT ACTION, ENACTMENT OR LAW THAT BURDENS A PERSON’S EXERCISE OF RELIGION. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. That Section 73-402, Idaho Code, be, and the same is hereby amended to read as follows: 73-402.

FREE EXERCISE OF RELIGION PROTECTED. (1) Free exercise of religion is a fundamental right that applies in this state, even if laws, rules or other government actions are facially neutral.

(2) Except as provided in subsection (3) of this section, government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability.

(3) Government may substantially burden a person’s exercise of religion only if it demonstrates that application of the burden to the person is both: (a) Essential to further a compelling governmental interest;

(b) The least restrictive means of furthering that compelling governmental interest.

(4) A person whose religious exercise of religion is burdened in violation of this section may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against a government or against any person relying upon any government action, enactment or law that burdens a person’s exercise of religion. A party who prevails in any action to enforce this chapter against a government shall recover attorney’s fees and costs.

(5) In this section, the term “substantially burden” is intended solely to ensure that this chapter is not triggered by trivial, technical or de minimis infractions.