In Idaho, the crimes of Abuse and Exploitation of a Vulnerable Adult are felony sex crimes. Idaho Code Title 18 Chapter 1505 Section B defines these offenses and explains what kinds of actions constitute crimes of these types. The statutes also explain the range of possible punishments for each. More extreme degrees of these crimes are commensurately assigned more severe punishments, under Idaho law.

If you are charged with one of these crimes, you need the best Idaho sex crime attorney available to you, to ensure all your rights are fully protected and to build the strongest possible case for your defense.

Sexual Abuse of a Vulnerable Adult in Idaho

This felony crime is described as performing any of the acts outlined below with intent to appeal to, arouse, or gratify the sexual desire of oneself, or a vulnerable adult (Code Section 18-1505), or someone else:
  • Committing a lewd or lascivious act involving a vulnerable adult, including the following acts or any others that may fall under this category of crimes: Engaging in genital-to-genital, mouth-to-genital, anus-to-genital, mouth-to-anus, hand-to-anus contact, or hand-to-genital contact, with a vulnerable adult of the same or opposite sex.
  • Cause a vulnerable adult to be involved in an act of sadomasochism or bestiality, as stipulated in Idaho Code 18-1507.
  • Cause or engage in sexual activity involving physical contact with a vulnerable adult, that does not amount to lewd conduct as it is defined above.

Sexual Exploitation of a Vulnerable Adult in Idaho

Idaho is the only state that includes in its criminal code the charge of Sexual Exploitation of a Vulnerable Adult. In other states throughout the country, this crime is prosecuted as a violation of a different law, depending upon however each individual state defines this crime and assesses penalties for it. Sexual Exploitation of a Vulnerable Adult if, for any commercial purpose occurs when someone commits one of the following offenses:
  • Permitting, inducing, or otherwise causing a vulnerable adult to be involved in sexual explicit conduct (18-1507).
  • Using sexually exploitative material containing imagery of a vulnerable adult in some way involved in the process of commercialization of it.
Possession of at least three identical copies of an item of sexually exploitative material is interpreted as possession with intent to use the items for a commercial purpose.

Definitions of Key Legal Terms Used in Idaho Code 18-1505B

These are definitions of some of the most important terms used in explanations provided in this section of the Utah Code:
  • Sexual contact — Any physical contact with a vulnerable adult by any other person, or self-contact, when the contact is caused by the offender.
  • Sexually exploitative material — Any photo, video, movie, or negative, slide, or other produced or reproduced material displaying any visual representation of a vulnerable adult who is engaged in or observing or is otherwise being used in imagery of explicit sexual conduct. Or, any showing a vulnerable adult in real-time, in any form of digital communications involved or observing such activity.
  • Vulnerable adult — A person at least 18 years old who cannot protect himself or herself from exploitation because of a mental or physical impairment that impacts his/her behavior or judgment. A Vulnerable Adult lacks the ability to make or implement decisions about his/her body, money, resources, and other matters.
  • Commercial purpose — Interest of the perpetrator of the crime in receiving financial or other compensation as a result of committing the offense.

Punishment for Sexual Crimes Against Vulnerable Adults in Idaho

There is significant overlap in the classifications of crimes of sexual abuse and sexual exploitation, under Idaho law. More than one charge may be brought, depending on the nature of the alleged acts and whether they may combine chargeable offenses. Under Idaho Code Title 18 Chapter 15 Section B, the crimes described above are punishable by potentially long prison sentences and/or large fines: Sexual Abuse of a Vulnerable Adult is a felony that is punishable by up to 25 years in Idaho state prison, or a fine up to $25,000, or both. Sexual Exploitation of a Vulnerable Adult is punishable by up to 15 years in Idaho state prison, or a fine up to $25,000, or both.

Sawtooth Defense Lawyers, Boise Idaho

We are one of Idaho’s most highly experienced and effective groups of Boise criminal defense attorneys. We specialize in defense against charges of sex crimes. Our highly responsive defense team aggressively goes to work immediately to have your charges reduced or dropped completely and to prevent having you placed on the Idaho sex offender registry.

Call Sawtooth Defense Lawyers, Boise Idaho at (208) 644-8893, or contact us online to schedule a free case evaluation with a top Boise lawyer to review your situation and advise you of your best options.