Bill Analyses and Ratings
Bill Information: H0696 – Expands Sexual Contact Definition for Prisoners
Bill Summary
House Bill 696 amends Idaho Code Section 18-6110, which makes it a felony for correctional employees, officers, agents, and supervising officers to have sexual contact with prisoners, juvenile offenders, parolees, or probationers. The bill expands the definition of “sexual contact” beyond the existing list of specific acts (genital-genital contact, manual-anal contact, oral-genital contact, etc.) to include two broader categories: contact between the mouth and any body part, and any willful physical contact over or under clothing when done with intent to arouse, appeal to, or gratify the lust, passion, or sexual desires of the actor or any other person.
The bill makes a minor grammatical change by removing a comma before “oral-anal contact” and adds 46 words to the definition while removing only 1 word. The penalty for violations remains imprisonment for a term not to exceed life. The bill includes an emergency clause making it effective July 1, 2026.
Overall Assessment
This bill expands criminal liability for correctional staff by broadening what constitutes illegal sexual contact with prisoners and parolees. The new definition captures a wider range of physical contact that could be prosecuted as felonies, including any touching over or under clothing done with sexual intent. This change strengthens protections for incarcerated individuals against sexual exploitation by those in positions of authority over them.
Rating Breakdown
ARTICLE I. RESPONSIBILITY IN GOVERNMENT (0)
This bill amends criminal law definitions for sexual contact with prisoners. It does not address fiscal responsibility, taxation, government spending, balanced budgets, or legislative operations.
ARTICLE II. CITIZEN INVOLVEMENT IN GOVERNMENT (0)
The bill modifies a criminal statute regarding correctional facility staff conduct. It does not involve citizen participation in government, election procedures, voting rights, or government transparency.
ARTICLE III. EDUCATION (0)
This bill addresses criminal definitions for sexual contact with prisoners and juvenile offenders in correctional settings. It does not involve education policy, school choice, curriculum, parental rights in education, or teacher qualifications.
ARTICLE IV. AGRICULTURE (0)
The bill expands the definition of sexual contact in correctional facilities. It has no connection to agriculture, farming, ranching, agricultural education, or agricultural trade.
ARTICLE V. WATER (0)
This bill amends criminal law regarding sexual contact with prisoners. It does not address water rights, water management, inter-basin transfers, or any water-related policy.
ARTICLE VI. NATURAL RESOURCES AND ENVIRONMENT (0)
The bill modifies a criminal statute for correctional staff. It has no relationship to natural resources, environmental policy, federal lands, wilderness areas, or forest management.
ARTICLE VII. ENERGY (0)
This bill addresses criminal definitions for sexual contact in correctional settings. It does not involve energy policy, energy independence, hydroelectric power, nuclear energy, or electrical rates.
ARTICLE VIII. IDAHO NATIONAL LABORATORIES (0)
The bill expands the definition of sexual contact with prisoners. It has no connection to Idaho National Laboratory, nuclear research, or energy technology development.
ARTICLE IX. PRIVATE PROPERTY RIGHTS (0)
This bill amends criminal law regarding sexual contact with prisoners. It does not affect private property rights, eminent domain, land use regulations, or property development.
ARTICLE X. STATE AND FEDERAL LANDS (0)
The bill modifies a criminal statute for correctional facility staff. It has no relationship to state or federal land management, land ownership, or land administration.
ARTICLE XI. WILDLIFE MANAGEMENT (0)
This bill addresses criminal definitions for sexual contact with prisoners. It does not involve wildlife management, hunting, fishing, predator control, or fish and game policies.
ARTICLE XII. ECONOMY (0)
The bill expands criminal liability for correctional staff conduct. It does not regulate commerce, industry, small businesses, labor relations, transportation, or economic development.
ARTICLE XIII. HEALTH AND WELFARE (0)
This bill modifies criminal law regarding sexual contact with prisoners. While it relates to prisoner welfare, it does not address healthcare delivery systems, health insurance, Medicaid expansion, or medical conscience rights.
ARTICLE XIV. AMERICAN FAMILY (0)
The bill expands the definition of sexual contact in correctional settings. It does not address family values, marriage, parental rights, abortion, gender identity policies, or child protection outside the correctional context.
ARTICLE XV. OLDER AMERICANS (0)
This bill addresses criminal definitions for sexual contact with prisoners. It has no relationship to policies affecting older Americans, retirement, Social Security, or senior citizens' ability to work.
ARTICLE XVI. LAW AND ORDER WITH JUSTICE (1)
The bill strengthens criminal law by expanding the definition of "sexual contact" in Section 18-6110(3) to include any willful physical contact done with sexual intent, making it easier to prosecute correctional staff who sexually exploit prisoners. This broader definition protects incarcerated individuals from abuse by those in positions of authority, enhancing justice for crime victims and ensuring swift punishment for lawbreakers who violate their positions of trust.
ARTICLE XVII. NATIONAL DEFENSE – SECURING THE BORDER (0)
The bill modifies a criminal statute regarding sexual contact with prisoners. It has no connection to national defense, military policy, veterans, border security, or the National Guard.
ARTICLE XVIII. ELECTION OF JUDGES AND IDAHO SUPREME COURT JUSTICES (0)
This bill expands criminal definitions for sexual contact in correctional facilities. It does not address judicial elections, judicial selection processes, or constitutional interpretation principles.
ARTICLE XIX. RELIGIOUS LIBERTY (0)
The bill amends criminal law regarding sexual contact with prisoners. It has no relationship to religious freedom, free exercise of religion, conscience clauses, or the Religious Freedom Restoration Act.