Statutory Rape in Idaho


If a 26 year old man in Idaho makes a 17 year old girl pregnant, will he get in trouble when she has the child.

Yes, it is possible the 26 year old could get into trouble.


18-6101. RAPE DEFINED. Rape is defined as the penetration, however
slight, of the oral, anal or vaginal opening with the perpetrator's penis
accomplished with a female under any one (1) of the following circumstances:
1. Where the female is under the age of eighteen (18) years.
2. Where she is incapable, through any unsoundness of mind, due to any
cause including, but not limited to, mental illness, mental deficiency or
developmental disability, whether temporary or permanent, of giving legal
3. Where she resists but her resistance is overcome by force or violence.
4. Where she is prevented from resistance by the infliction, attempted
infliction, or threatened infliction of bodily harm, accompanied by apparent
power of execution; or is unable to resist due to any intoxicating, narcotic,
or anaesthetic substance.
5. Where she is at the time unconscious of the nature of the act. As used
in this section, "unconscious of the nature of the act" means incapable of
resisting because the victim meets one (1) of the following conditions:
(a) Was unconscious or asleep;
(b) Was not aware, knowing, perceiving, or cognizant that the act
6. Where she submits under the belief that the person committing the act
is her husband, and the belief is induced by artifice, pretense or concealment
practiced by the accused, with intent to induce such belief.
7. Where she submits under the belief, instilled by the actor, that if
she does not submit, the actor will cause physical harm to some person in the
future; or cause damage to property; or engage in other conduct constituting a
crime; or accuse any person of a crime or cause criminal charges to be
instituted against her; or expose a secret or publicize an asserted fact,
whether true or false, tending to subject any person to hatred, contempt or


18-6104. PUNISHMENT FOR RAPE. Rape is punishable by imprisonment in the
state prison not less than one (1) year, and the imprisonment may be extended
to life in the discretion of the District Judge, who shall pass sentence.

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