Sexual Abuse Defense in Boise

Idaho Code 18-1506 Defense: 1,000+ Cases. 90%+ Success Rate.

A charge under Idaho Code 18-1506 (“sexual abuse of a child under sixteen”) is a felony. The consequences extend far beyond prison time and follow a convicted person for life. At Atkinson Law Office, we’ve handled more than 1,000 criminal cases since 2010 with a success rate above 90 percent, and we represent clients in both Idaho state and federal courts. If you or someone you care about is facing this accusation in Boise or Ada County, the time to act is now.

Being accused isn’t the same as being guilty. Idaho courts require the prosecution to prove every element of the charge beyond a reasonable doubt. We build every defense around that principle.

Contact Atkinson Law Office today for a free consultation, including virtual options. Call (208) 670-8164 to speak with our team.

What Idaho Code 18-1506 Actually Charges

Idaho Code 18-1506 applies to any person 18 or older who acts with the intent to gratify the lust, passions, or sexual desire of the actor, the minor child, or a third party, and does one of three things: solicits a child under 16 to participate in a sexual act; causes or has sexual contact with such a child (in conduct that doesn’t rise to lewd conduct under Idaho Code 18-1508); or induces, causes, or permits a minor child to witness an act of sexual conduct. The statute defines “solicit” to include any written, verbal, or physical act intended to communicate to the minor child a desire for sexual participation or sexual foreplay. “Sexual contact” means any physical contact between the minor and another person, including contact caused by the actor or the actor causing the child to have self-contact.

The line between Idaho Code 18-1506 and the related lewd conduct statute (18-1508) matters for how a defense is built. Lewd conduct under 18-1508 covers a broader category of acts, including genital contact, while 18-1506 addresses sexual contact that doesn’t meet that threshold. Sexual battery of a minor age 16 or 17 falls under a separate statute, Idaho Code 18-1508A, with different elements and sentencing. Which statute the prosecution charges determines how we build the defense.

One important note on consent: a child under 16 cannot legally consent under Idaho law, so consent isn’t a defense on that element. The intent requirement, however, is a different matter entirely.

Penalties Under Idaho Code 18-1506

A conviction carries up to 25 years in Idaho state prison. Courts may also impose a fine of up to $50,000 alongside any prison sentence. Those are the headline numbers. The consequences that follow a person after release are often harder to bear.

Conviction under Idaho Code 18-1506 triggers mandatory sex offender registration, covered in detail in the section below. A felony conviction also carries collateral consequences: loss of firearm rights, restrictions on professional licensing, and, for non-citizens, potential immigration consequences.

The weight of these penalties is exactly why the defense has to be thorough from day one.

Defense Strategies in Idaho Code 18-1506 Cases

Our firm’s partners bring something most defense attorneys don’t: personal experience as defendants in the criminal justice system. That firsthand understanding shapes how we approach every case and how we explain every decision to our clients. Combined with a board-certified criminal law specialist on our team, we handle Idaho Code 18-1506 cases with technical precision and genuine empathy.

Idaho Code 18-1506 requires proof of intent. The prosecution must show the accused acted with the intent to gratify the lust, passions, or sexual desire of the actor, the minor child, or a third party. Challenging that intent element is one of the central defense avenues available, and it requires a careful examination of the facts rather than a generic strategy.

Other defense approaches depend on the specific facts of the case:

• Child witness statement reliability: Statements from child witnesses are often gathered through interviews. The methods used during those interviews can influence what a child reports, and defense counsel can examine whether interviewers used suggestive or leading techniques.
• False accusation investigation: False accusations do occur, sometimes arising from custody disputes, misunderstandings, or adult coaching. A thorough investigation of the circumstances surrounding the accusation is part of a complete defense.
• Forensic evidence review: Physical and forensic evidence, when present, deserves critical scrutiny. We can retain independent experts to challenge the prosecution’s forensic conclusions.
• Statutory definition analysis: Whether the alleged conduct actually meets the statutory definition under 18-1506 (rather than a different charge or no charge at all) is a question the defense must answer early.

Some cases are best resolved through negotiation toward a reduced charge. Others belong before a jury. We don’t apply a single formula; we match the strategy to the facts. Acting early matters: evidence can be lost, witness memories fade, and law enforcement actions can be challenged more effectively when defense counsel is retained before the case hardens.