Earlier in 2025, Idaho legislators passed a bill allowing the death penalty in cases of aggravated lewd conduct involving children under the age of 12, despite a 2008 U.S. Supreme Court ruling that such punishments for non-homicide crimes are unconstitutional. The law, set to take effect in July, introduces a new offense—aggravated lewd conduct under 16—with mandatory minimum sentences and possible death penalty if certain aggravating factors are met.
The legislation has raised serious concerns about its constitutionality and the strain it will place on Idaho’s already under-resourced public defense system. The Idaho State Public Defender’s Office was not allocated additional funding, despite the increased burden of handling capital cases, which require specially qualified attorneys and a higher standard of legal representation. Public defenders must begin preparing as if the death penalty will be pursued the moment such charges are filed, regardless of whether prosecutors ultimately seek that outcome.
With only 13 attorneys in the state qualified to lead capital defense cases and a limited number of supporting attorneys, Idaho lacks the legal infrastructure to handle a potential surge in such prosecutions. The State Appellate Public Defender estimates that his office would need a 72% budget increase and 14 new staff members to manage even a modest rise in capital case appeals. Public defenders have also criticized the broad list of aggravating factors in the law, warning they could apply to nearly every child sex abuse case.