Idaho Code
Idaho Code § 18-1508A (2026)
Sexual battery of a minor child sixteen or seventeen years of age — Penalty.
✓ current as of May 2026
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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.
(2) For the purpose of subsection (1)(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 subsection (1)(b) or (c) of this section shall be imprisoned in the state prison for a period not to exceed twenty-five (25) years.
Notes of Decisions
Cited in 75
cases (6 in the last 5 years), 1994–2026 · leading case: State v. Oar, 924 P.2d 599 (Idaho 1996).
State v. Oar, 924 P.2d 599 (Idaho 1996). “BACKGROUND AND PRIOR PROCEEDINGS Oar was originally charged with two counts of sexual battery of a minor child sixteen or seventeen years of age in violation of I.C. § 18-1508A and of being a persistent violator of the law pursuant to I.”
State v. Avila, 49 P.3d 1260 (Idaho Ct. App. 2002). “It recited the mental element that the State must prove Avila possessed in order to be convicted of sexual battery of a minor that, “the defendant engaged in such conduct with the specific intent of arousing, appealing to, or gratifying the lust, passion, or sexual desires of…”
State v. Field, 165 P.3d 273 (Idaho 2007). “In October 2003 the State filed a complaint against Field for sexual battery of a minor child sixteen or seventeen years of age, I.C. § 18-1508A(l)(c). Over Field’s objection, the district court granted the State’s motion to join the offenses for trial.”
State v. Thompson, 977 P.2d 890 (Idaho 1999). “Thompson argues that his prior felony conviction for lewd and lascivious conduct under I.C. § 18-1508A should not have been introduced to impeach his credibility at trial.”
State v. Bonner, 61 P.3d 611 (Idaho Ct. App. 2002). “The statute at issue here is subsection (1)(d) of I.C. § 18-1508A, which provides: (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…”
Mintun v. State, 168 P.3d 40 (Idaho Ct. App. 2007). “2d 599, 603 (1996), the Supreme Court rejected an argument that a similar definition of "sexual contact” in a different statute, I.C. § 18-1508A, was unconstitutionally vague.”
State v. William Dee Van Komen, Jr., 376 P.3d 738 (Idaho 2016). “I.C. § 18-1508A(1)(a), (4). If, with the intent of arousing, appealing to or gratifying his or her lust, passion, or sexual desires, he had solicited her to participate in a sexual act or had caused or had sexual contact with her not amounting to lewd conduct, that would also…”
State v. Grist, 275 P.3d 12 (Idaho Ct. App. 2012). “§ 18-1506(1)(b); and two counts of sexual battery of a minor child sixteen or seventeen years of age, I.C. § 18-1508A. The minor associated with all of the charges was identified in the information as J.”
State v. Robert Benjamin Brackett, 377 P.3d 1082 (Idaho Ct. App. 2016). “§ 18-1507A, and eight counts of sexual battery on a minor child of sixteen or seventeen, I.C. § 18-1508A. Brackett’s first trial ended in a mistrial after Brackett, during his opening statement, violated the district court’s pretrial order.”
State v. Lee, 529 P.3d 771 (Idaho Ct. App. 2023). “In this case, the application of the Blockburger test to determine whether the statutory provisions of the offenses are the same is unnecessary because Lee’s two offenses are charged under the same statute, I.C. § 18-1508A. As relevant here, this statute provides it is unlawful…”
Hughes v. State, 224 P.3d 515 (Idaho Ct. App. 2009). “Pursuant to a plea agreement, Hughes pled guilty to five counts of rape, Idaho Code § 18-6101 (1), two counts of sexual battery of a minor, I.C. § 18-1508A, one count of disseminating material harmful to minors, I.”
State v. Bottens, 52 P.3d 875 (Idaho Ct. App. 2002). “FACTS AND PROCEDURE In April 1999, Bottens pled guilty to one count of sexual battery of a minor child sixteen or seventeen years of age, I.C. § 18-1508A. On July 30, the district court pronounced a unified sentence of ten years, with one and one-half years fixed.”
— Idaho Code § 18-1508A(1) — 1 case
State v. Avila, 49 P.3d 1260 (Idaho Ct. App. 2002). “It recited the mental element that the State must prove Avila possessed in order to be convicted of sexual battery of a minor that, “the defendant engaged in such conduct with the specific intent of arousing, appealing to, or gratifying the lust, passion, or sexual desires of…”
— Idaho Code § 18-1508A(1)(a) — 11 cases
State v. William Dee Van Komen, Jr., 376 P.3d 738 (Idaho 2016). “I.C. § 18-1508A(1)(a), (4). If, with the intent of arousing, appealing to or gratifying his or her lust, passion, or sexual desires, he had solicited her to participate in a sexual act or had caused or had sexual contact with her not amounting to lewd conduct, that would also…”
State v. Bickhart, 427 P.3d 836 (Idaho Ct. App. 2018).
State v. Dickson (Idaho Ct. App. 2018).
John Thomas Rainey v. State (Idaho Ct. App. 2013).
State v. Anthony Joel Childers (Idaho Ct. App. 2012).
— Idaho Code § 18-1508A(1)(b) — 3 cases
State v. William Dee Van Komen, Jr., 376 P.3d 738 (Idaho 2016). “I.C. § 18-1508A(1)(a), (4). If, with the intent of arousing, appealing to or gratifying his or her lust, passion, or sexual desires, he had solicited her to participate in a sexual act or had caused or had sexual contact with her not amounting to lewd conduct, that would also…”
State v. Lee, 529 P.3d 771 (Idaho Ct. App. 2023). “In this case, the application of the Blockburger test to determine whether the statutory provisions of the offenses are the same is unnecessary because Lee’s two offenses are charged under the same statute, I.C. § 18-1508A. As relevant here, this statute provides it is unlawful…”
State v. Oar, 924 P.2d 599 (Idaho 1996). “BACKGROUND AND PRIOR PROCEEDINGS Oar was originally charged with two counts of sexual battery of a minor child sixteen or seventeen years of age in violation of I.C. § 18-1508A and of being a persistent violator of the law pursuant to I.”
— Idaho Code § 18-1508A(1)(c) — 9 cases
State v. Avila, 49 P.3d 1260 (Idaho Ct. App. 2002). “It recited the mental element that the State must prove Avila possessed in order to be convicted of sexual battery of a minor that, “the defendant engaged in such conduct with the specific intent of arousing, appealing to, or gratifying the lust, passion, or sexual desires of…”
State v. Oar, 924 P.2d 599 (Idaho 1996). “BACKGROUND AND PRIOR PROCEEDINGS Oar was originally charged with two counts of sexual battery of a minor child sixteen or seventeen years of age in violation of I.C. § 18-1508A and of being a persistent violator of the law pursuant to I.”
State v. Robert Gayle Andreason (Idaho Ct. App. 2017).
State v. Herrera (Idaho Ct. App. 2018).
State v. Pearson (Idaho Ct. App. 2023).
— Idaho Code § 18-1508A(1)(d) — 3 cases
State v. Bonner, 61 P.3d 611 (Idaho Ct. App. 2002). “The statute at issue here is subsection (1)(d) of I.C. § 18-1508A, which provides: (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…”
State v. Cartwright, 487 P.3d 737 (Idaho 2021).
State v. Bonner, 61 P.3d 611 (Idaho Ct. App. 2002).
— Idaho Code § 18-1508A(1)(e) — 1 case
State v. Cardell, 970 P.2d 10 (Idaho 1998).
— Idaho Code § 18-1508A(2) — 2 cases
State v. Oar, 924 P.2d 599 (Idaho 1996). “BACKGROUND AND PRIOR PROCEEDINGS Oar was originally charged with two counts of sexual battery of a minor child sixteen or seventeen years of age in violation of I.C. § 18-1508A and of being a persistent violator of the law pursuant to I.”
State v. Lee, 529 P.3d 771 (Idaho Ct. App. 2023). “In this case, the application of the Blockburger test to determine whether the statutory provisions of the offenses are the same is unnecessary because Lee’s two offenses are charged under the same statute, I.C. § 18-1508A. As relevant here, this statute provides it is unlawful…”
— Idaho Code § 18-1508A(3) — 1 case
State v. Oar, 924 P.2d 599 (Idaho 1996). “BACKGROUND AND PRIOR PROCEEDINGS Oar was originally charged with two counts of sexual battery of a minor child sixteen or seventeen years of age in violation of I.C. § 18-1508A and of being a persistent violator of the law pursuant to I.”
— Idaho Code § 18-1508A(4) — 1 case
State v. Dickson (Idaho Ct. App. 2018).
— Idaho Code § 18-1508A(5) — 1 case
State v. Lee, 529 P.3d 771 (Idaho Ct. App. 2023). “In this case, the application of the Blockburger test to determine whether the statutory provisions of the offenses are the same is unnecessary because Lee’s two offenses are charged under the same statute, I.C. § 18-1508A. As relevant here, this statute provides it is unlawful…”
— Idaho Code § 18-1508A(a) — 1 case
State v. Derrick Donovan Smith (Idaho Ct. App. 2014).
— Idaho Code § 18-1508A(l)(a) — 3 cases
State v. Avila, 49 P.3d 1260 (Idaho Ct. App. 2002). “It recited the mental element that the State must prove Avila possessed in order to be convicted of sexual battery of a minor that, “the defendant engaged in such conduct with the specific intent of arousing, appealing to, or gratifying the lust, passion, or sexual desires of…”
State v. Peterson, 887 P.2d 67 (Idaho Ct. App. 1994).
State v. James D. Kirk, 339 P.3d 1213 (Idaho Ct. App. 2014).
— Idaho Code § 18-1508A(l)(b) — 1 case
State v. Oar, 924 P.2d 599 (Idaho 1996). “BACKGROUND AND PRIOR PROCEEDINGS Oar was originally charged with two counts of sexual battery of a minor child sixteen or seventeen years of age in violation of I.C. § 18-1508A and of being a persistent violator of the law pursuant to I.”
— Idaho Code § 18-1508A(l)(c) — 1 case
State v. Field, 165 P.3d 273 (Idaho 2007). “In October 2003 the State filed a complaint against Field for sexual battery of a minor child sixteen or seventeen years of age, I.C. § 18-1508A(l)(c). Over Field’s objection, the district court granted the State’s motion to join the offenses for trial.”
— Idaho Code § 18-1508A(l)(d) — 2 cases
Mintun v. State, 168 P.3d 40 (Idaho Ct. App. 2007). “2d 599, 603 (1996), the Supreme Court rejected an argument that a similar definition of "sexual contact” in a different statute, I.C. § 18-1508A, was unconstitutionally vague.”
State v. Bonner, 61 P.3d 611 (Idaho Ct. App. 2002).
— Idaho Code § 18-1508A(l)(e) — 1 case
State v. Oar, 924 P.2d 599 (Idaho 1996). “BACKGROUND AND PRIOR PROCEEDINGS Oar was originally charged with two counts of sexual battery of a minor child sixteen or seventeen years of age in violation of I.C. § 18-1508A and of being a persistent violator of the law pursuant to I.”
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