Idaho Statutes Title 18. Crimes and Punishments § 18-1508D. Punishment for aggravated lewd conduct with minor child twelve or under

Subject to the provisions of sections 19-2515 and 19-2515A, Idaho Code, every person eighteen (18) years of age or older guilty of aggravated lewd conduct with a minor child twelve (12) years of age or under shall be punished by death or by imprisonment for life, provided that a sentence of death shall not be imposed unless the prosecuting attorney filed written notice of intent to seek the death penalty as required under the provisions of section 18-4004A, Idaho Code, and provided further that whenever the death penalty is not imposed the court shall impose a sentence.  If a jury, or the court if a jury is waived, finds three (3) statutory aggravating circumstances beyond a reasonable doubt but finds that the imposition of the death penalty would be unjust, the court shall impose a fixed life sentence.  If a jury, or the court if a jury is waived, finds two (2) statutory aggravating circumstances beyond a reasonable doubt and if the death penalty is not sought, the court shall impose a life sentence with a minimum period of confinement of not less than thirty (30) years during which period of confinement the offender shall not be eligible for parole or discharge or credit or reduction of sentence for good conduct, except for meritorious service.