Idaho Statutory Rape Laws

People in Idaho who engage in consensual sexual activities with a minor can be charged with age-based sex crimes—commonly referred to as statutory rape.

What Is the Age of Consent in Idaho?

The age of consent in Idaho is 18. Engaging in consensual sexual activities with a minor younger than 18 can be a crime. Statutory rape laws presume that children younger than a certain age are not mature enough to give informed consent to sexual relations. Their legal incapacity is written into statute—hence the term "statutory rape."

Idaho's Statutory Rape Laws

Like most states, Idaho doesn't use the term "statutory rape" in the law. Rather, these age-based offenses fall under the crimes of rape, sexual battery, sexual abuse, and lewd conduct with a child. Penalties for these crimes depend on the age of the parties, their age difference, and the sexual conduct involved.

What Are the Penalties for Statutory Rape Offenses in Idaho?

Statutory rape offenses in Idaho carry penalties ranging from one year to life in prison.

Rape

Idaho's rape offenses apply to acts of oral, anal, or vaginal penetration, however slight, with a penis. The law states that both males and females are capable of committing rape. Age-based rape offenses involve consensual sexual penetration between:

• a child younger than 16 and an adult defendant, or
• a 16- or 17-year-old child and a defendant who is three or more years older than the child.

For example, a 19-year-old who has consensual sex with a 15-year-old commits rape. It's also rape for a 23-year-old and 17-year-old to perform oral sex on each other.

A conviction for statutory rape can result in a prison sentence ranging from one year to life. However, no crime is committed if the parties are legally married.

(Idaho Code §§ 18-6101, 18-6104 (2024).)

Lewd Conduct With a Child Younger Than 16

The crime of lewd conduct with a child involves engaging in lewd or lascivious acts with a minor under the age of 16. Lewd and lascivious acts include genital-to-genital contact and oral or anal sex. A conviction can result in a sentence of up to life in prison.

(Idaho Code § 18-1508 (2024).)

Sexual Abuse of a Child Younger Than 16

An adult commits sexual abuse by engaging in or soliciting sexual contact with a child under the age of 16. Sexual contact involves physical contact between the defendant and the minor, between the minor and another person at the defendant's request, or self-contact by the minor. A conviction can result in up to 25 years in prison.

(Idaho Code § 18-1506 (2024).)

Sexual Battery of a Child Age 16 or 17

A person commits sexual battery by engaging in lewd or lascivious acts or sexual contact with a child who is 16 or 17 years old, when the defendant is at least five years older. Lewd and lascivious acts include genital-to-genital contact and oral or anal sex. Sexual contact involves physical contact between the defendant and the minor, between the minor and another person at the defendant's request, or self-contact by the minor.

A conviction can result in a prison sentence of up to 25 years or life, depending on the nature of the sex act.

(Idaho Code § 18-1508A (2024).)

Does Idaho Have a Romeo-and-Juliet Law?

Named after the teenage lovers in Shakespeare's play, "Romeo and Juliet" exceptions, are intended to prevent serious criminal charges against older teenagers who engage in sexual activities with others close to their own age. Idaho's Romeo-and-Juliet laws are limited. It pertains only to sexual acts involving a 16- or 17-year-old. The law doesn't criminalize the conduct if the parties' age difference is less than three or five years, depending on the conduct.

Defenses to a Statutory Rape Charge in Idaho

Defendants charged with statutory rape have the usual defenses available to all criminal defendants, such as "Someone else committed this crime," or "The alleged conduct did not occur." Marriage is a defense to the crime of rape based on the ages of the parties. Idaho law appears to be silent on whether marriage is a defense to other age-based crimes. (Idaho Code Ann. § 18-6101 (2024).)

A mistake as to the child's age is not a defense to a charge of statutory rape. It doesn't matter if the mistake was reasonable or if the child lied about their age. (State v. Stiffler, 788 P.2d 220 (Idaho 1990).) Consent is also not a defense.

Does a Statutory Rape Conviction Require Sex Offender Registration in Idaho?

Under Idaho's sex offender registration law, people convicted or adjudicated delinquent of a statutory rape offense must register as a sex offender. (An exception exists for an 18-year-old defendant convicted of rape of a child younger than 16.) Failure to register can result in criminal charges.

(Idaho Code §§ 18-8304, 18-8310, 18-8403 (2024).)

Get Legal Help

A statutory rape conviction in Idaho carries potentially severe penalties. If you are charged with statutory rape, contact a local criminal defense attorney as soon as possible to discuss your options. The law can change at any time, and an experienced attorney will be able to explain the criminal justice system to you and present the strongest arguments in your case so that you can achieve the best outcome possible under the circumstances.