AGGRAVATED LEWD CONDUCT WITH MINOR CHILD TWELVE OR UNDER

18-1508C. AGGRAVATED LEWD CONDUCT WITH MINOR CHILD TWELVE OR UNDER. Any person eighteen (18) years of age or older who commits any lewd or lascivious act or acts on or with the body or any part or member thereof of a minor child twelve (12) years of age or under, including but not limited to genital-genital contact, oral-genital contact, anal-genital contact, oral-anal contact, manual-anal contact, or manual-genital contact, whether between persons of the same or opposite sex, or who involves such minor child in any act of bestiality or sadomasochism as defined in section 18-1507, Idaho Code, when any of such acts are done with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of such person, such minor child, or a third party shall be guilty of felony aggravated lewd conduct with a minor child twelve (12) years of age or under if any two (2) of the following aggravating factors occurred during the commission of or to accomplish the lewd conduct: (1) The defendant engaged in three (3) or more incidents of lewd conduct of a child involving the same victim on separate occasions; (2) The defendant penetrated, however slight, the oral, anal, or vaginal opening of the victim with a penis; (3) The victim was kidnapped as defined in section 18-4501, Idaho Code; (4) The defendant committed the crime of human trafficking, as defined in section 18-8602, Idaho Code, against the victim; (5) The defendant has been found guilty of or has plead guilty to any offense requiring sex offender registration as set forth in section 18-8304, Idaho Code; (6) The defendant was, at the time of the offense, in a position of trust, or had supervisory or disciplinary power over the victim by virtue of the defendant’s legal, professional, or occupational status and used the position of trust or power to accomplish the lewd conduct; or the defendant had, at the time of the offense, parental or custodial authority over the victim and used the authority to accomplish the lewd conduct; (7) The defendant tortured the victim by the intentional infliction of extreme and prolonged pain with the intent to cause suffering or by the infliction of extreme and prolonged acts of brutality irrespective of proof of intent to cause suffering; (8) The defendant used force or coercion; (9) The defendant was armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon; (10) The defendant caused great bodily injury, as defined in section 19-2520B, Idaho Code, or mutilation to the victim; (11) The defendant’s commission of the offense involved more than one (1) victim; (12) The defendant’s commission of the offense involved more than one (1) perpetrator; (13) The victim contracted a sexually transmitted disease as a result of the lewd conduct; (14) The victim was impregnated as a result of the lewd conduct; (15) The defendant willfully and unlawfully choked or attempted to strangle the victim during the commission of the lewd conduct; (16) The defendant provided alcohol, drugs, or other intoxicating substance to the victim; or (17) The defendant knew or had reason to know that the victim had a developmental disability as defined in section 66-402(5), Idaho Code.