Extension of prison terms for repeated sex offenses, extortion and kidnapping.
(1) Any person who is found guilty of violation of the provisions of sections 18-2401 (extortion), 18-4501 (kidnapping), 18-6101 (rape), or 18-1508 (lewd and lascivious conduct), Idaho Code, or any attempt or conspiracy to commit such crime(s); and committed such crime(s) by force, violence, duress, menace or threat of great bodily injury and who has been previously found guilty of any such crime, shall be sentenced to an extended term sentence. The extended term of imprisonment authorized in this section shall be computed by increasing the maximum sentence authorized for the crime for which the person was convicted by fifteen (15) years; provided, however, that no extension shall be imposed under this section for any such crime occurring prior to a period of fifteen (15) years during which the person remained free of prison custody, parole and being found guilty of a crime which is a felony; provided further that no extension shall be imposed under this subsection when the provisions of section 19-2520B, Idaho Code, would be applicable.
(2) Any person found guilty of an offense specified in subsection (1) of this section who has served two (2) or more prior prison terms for any crime specified in subsection (1) hereof, shall be sentenced to an extended term sentence. The extended term of imprisonment authorized in this section shall be computed by increasing the maximum sentence authorized for the crime for which the person was convicted by twenty (20) years; provided, that no extended term of imprisonment shall be imposed under this subsection for any prison term served prior to a period of fifteen (15) years during which the person remained free of prison custody, parole and being found guilty of a crime which is a felony.
(3) The extended terms of imprisonment required by this section shall apply to any aider or abettor; a person who acts in concert with, or a person who conspires with, the perpetrator of the crime.
(4) Any extended term of imprisonment required by this section shall not be imposed unless the fact of the prior commission of a crime is separately charged in the accusatory pleading and admitted by the accused or found to be true by the trier of fact after a verdict or finding of guilty on the substantive crime.
Notes of Decisions
Cited in
3
cases, 1990–2002 · leading case:
State v. Martin, 796 P.2d 1007 (Idaho 1990).
State v. Martin, 796 P.2d 1007 (Idaho 1990).
· cites it 4× “III SENTENCE The sentencing court ordered Martin to prison for thirty years, twenty years minimum, for attempted rape as enhanced by the repeat sex offender statute, I.C. § 19-2520C, and for five years, two years minimum, for second degree burglary to run concurrently.”
State v. Martinez, 53 P.3d 1223 (Idaho Ct. App. 2002).
· cites it 2× “FACTS AND PROCEDURAL HISTORY Martinez was charged with rape, Idaho Code § 18-6101 , and with a repeat sex offender sentence enhancement, I.C. § 19-2520C(1). Martinez pled guilty pursuant to a plea agreement and the repeat offender enhancement was dismissed.”
State v. Searcy, 856 P.2d 897 (Idaho Ct. App. 1993).
· cites it 2× “§ 19-2520B (for inflicting great bodily injury while committing or attempting to commit a felony) and in I.C. § 19-2520C (for repeated sex offenses).”
— Idaho Code § 19-2520C(1) — 1 case
State v. Martinez, 53 P.3d 1223 (Idaho Ct. App. 2002).
“FACTS AND PROCEDURAL HISTORY Martinez was charged with rape, Idaho Code § 18-6101 , and with a repeat sex offender sentence enhancement, I.C. § 19-2520C(1). Martinez pled guilty pursuant to a plea agreement and the repeat offender enhancement was dismissed.”
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