Idaho Code
Idaho Code § 19-2520G (2026)
Mandatory minimum sentencing.
✓ current as of May 2026
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Mandatory minimum sentencing.
(1) Pursuant to section 13, article V of the Idaho constitution, the legislature intends to provide mandatory minimum sentences for repeat offenders who have previously been found guilty of or pleaded guilty to child sexual abuse. The legislature hereby finds and declares that the sexual exploitation of children constitutes a wrongful invasion of a child and results in social, developmental and emotional injury to the child. It is the policy of the legislature to protect children from the physical and psychological damage caused by their being used in sexual conduct. In order to protect children from becoming victims of this type of conduct by perpetrators, it is necessary to provide the mandatory minimum sentencing format contained in subsection (2) of this section. By enacting mandatory minimum sentences, the legislature does not seek to limit the court’s power to impose in any case a longer sentence as provided by law.
(2) Any person who is found guilty of or pleads guilty to any offense requiring sex offender registration as set forth in section 18-8304, Idaho Code, or any attempt or conspiracy to commit such a crime, shall be sentenced to a mandatory minimum term of confinement to the custody of the state board of correction for a period of not less than fifteen (15) years, if it is found by the trier of fact that previous to the commission of such crime the defendant has been found guilty of or has pleaded guilty to a violation of any crime or an offense committed in this state or another state which, if committed in this state, would require the person to register as a sexual offender as set forth in section 18-8304, Idaho Code.
(3) The mandatory minimum term provided in this section shall be imposed where the aggravating factor is separately charged in the information or indictment and admitted by the accused or found to be true by the trier of fact at a trial of the substantive crime. A court shall not have the power to suspend, withhold, retain jurisdiction, or commute a mandatory minimum sentence imposed pursuant to this section. Any sentence imposed under the provisions of this section shall run consecutive to any other sentence imposed by the court.
Notes of Decisions
Cited in 21
cases (5 in the last 5 years), 2009–2025 · leading case: State v. Barr, 463 P.3d 1286 (Idaho 2020).
State v. Barr, 463 P.3d 1286 (Idaho 2020). “NATURE OF THE CASE This case is about whether a district court has any sentencing discretion under Idaho Code section 19-2520G, a statute which provides for a mandatory minimum sentence of fifteen years for repeat violations of certain sex offenses.”
State v. Barr, 555 P.3d 1082 (Idaho 2024). “On the second day of trial, Barr pleaded guilty to five counts of sexual exploitation of a child for possessing child pornography and admitted to being a repeat offender for purposes of Idaho Code section 19-2520G. In exchange for his guilty pleas, the other counts were…”
State v. Ewell, 205 P.3d 680 (Idaho Ct. App. 2009). “§ 18-1507A, with a sentence enhancement for being a repeat sexual offender, I.C. § 19-2520G. The sentence enhancement statute mandates a fifteen-year minimum term of confinement for a crime requiring registration as a sex offender under I.”
State v. Ephraim, 267 P.3d 1291 (Idaho Ct. App. 2011). “Based on that allegation, the state asserted that Ephraim was a persistent violator subject to the penalty provision of I.C. § 19-2520G if he were to be convicted of the enticing offense.”
State v. Davis, 451 P.3d 422 (Idaho 2019). “§§ 18-1507,-1507A, and a repeat sexual offender sentencing enhancement, I.C. § 19-2520G (the sexual misconduct case).”
Hollis v. State, 551 P.3d 1262 (Idaho 2024). “He also admitted to being a repeat sexual offender under Idaho Code section 19-2520G(2), which is a sentence enhancement statute that mandates a fifteen-year minimum term of confinement for individuals previously convicted of a crime requiring 1 registration as a sex offender…”
State v. Robert Ellis Morton (Idaho Ct. App. 2016). “During the 1 sentencing hearing, the district court noted that it felt compelled by I.C. § 19-2520G to apply the sentencing enhancement from the prior conviction to both counts and therefore imposed consecutive sentences of twenty-five years with fifteen years determinate on…”
State v. Davis, 451 P.3d 422 (Idaho 2019). “§§ 18-1507,-1507A, and a repeat sexual offender sentencing enhancement, I.C. § 19-2520G (the sexual misconduct case).”
Eric Harold Ewell v. State (Idaho Ct. App. 2012). “FACTUAL AND PROCEDURAL BACKGROUND In the underlying criminal case, Ewell was charged with six counts of possession of sexually exploitative material, Idaho Code § 18 -1507A, with a sentence enhancement for being a repeat sex offender, I.C. § 19-2520G. The sentence enhancement…”
Wayne D. Anderson, II v. State (Idaho Ct. App. 2017). “He was also charged with two mandatory minimum sentencing enhancements pursuant to I.C. § 19-2520G(2) on the basis that he previously was convicted of lewd conduct 1 with a minor under sixteen.”
State v. Jacob S. Davis (Idaho Ct. App. 2017). “§§ 18-1507, 18- 1507A; and an enhancement for being a repeat sexual offender, I.C. § 19-2520G. As part of this case, Davis filed a motion in limine to exclude evidence of his status as a registered sex offender, which the district court granted.”
Ozuna, Jr. v. State (Idaho Ct. App. 2018). “FACTUAL AND PROCEDURAL BACKGROUND A jury convicted Ozuna of lewd conduct with a minor child under sixteen, Idaho Code § 18-1508 , with a sentencing enhancement for having been previously convicted of a sexual offense, I.C. § 19-2520G(2). The district court imposed a life…”
— Idaho Code § 19-2520G(1) — 1 case
State v. Barr, 555 P.3d 1082 (Idaho 2024). “On the second day of trial, Barr pleaded guilty to five counts of sexual exploitation of a child for possessing child pornography and admitted to being a repeat offender for purposes of Idaho Code section 19-2520G. In exchange for his guilty pleas, the other counts were…”
— Idaho Code § 19-2520G(2) — 9 cases
State v. Barr, 555 P.3d 1082 (Idaho 2024). “On the second day of trial, Barr pleaded guilty to five counts of sexual exploitation of a child for possessing child pornography and admitted to being a repeat offender for purposes of Idaho Code section 19-2520G. In exchange for his guilty pleas, the other counts were…”
State v. Ewell, 205 P.3d 680 (Idaho Ct. App. 2009). “§ 18-1507A, with a sentence enhancement for being a repeat sexual offender, I.C. § 19-2520G. The sentence enhancement statute mandates a fifteen-year minimum term of confinement for a crime requiring registration as a sex offender under I.”
Hollis v. State, 551 P.3d 1262 (Idaho 2024). “He also admitted to being a repeat sexual offender under Idaho Code section 19-2520G(2), which is a sentence enhancement statute that mandates a fifteen-year minimum term of confinement for individuals previously convicted of a crime requiring 1 registration as a sex offender…”
State v. Ephraim, 267 P.3d 1291 (Idaho Ct. App. 2011). “Based on that allegation, the state asserted that Ephraim was a persistent violator subject to the penalty provision of I.C. § 19-2520G if he were to be convicted of the enticing offense.”
Wayne D. Anderson, II v. State (Idaho Ct. App. 2017). “He was also charged with two mandatory minimum sentencing enhancements pursuant to I.C. § 19-2520G(2) on the basis that he previously was convicted of lewd conduct 1 with a minor under sixteen.”
— Idaho Code § 19-2520G(3) — 3 cases
State v. Barr, 555 P.3d 1082 (Idaho 2024). “On the second day of trial, Barr pleaded guilty to five counts of sexual exploitation of a child for possessing child pornography and admitted to being a repeat offender for purposes of Idaho Code section 19-2520G. In exchange for his guilty pleas, the other counts were…”
State v. Barr, 463 P.3d 1286 (Idaho 2020). “NATURE OF THE CASE This case is about whether a district court has any sentencing discretion under Idaho Code section 19-2520G, a statute which provides for a mandatory minimum sentence of fifteen years for repeat violations of certain sex offenses.”
State v. Robert Ellis Morton (Idaho Ct. App. 2016). “During the 1 sentencing hearing, the district court noted that it felt compelled by I.C. § 19-2520G to apply the sentencing enhancement from the prior conviction to both counts and therefore imposed consecutive sentences of twenty-five years with fifteen years determinate on…”
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