Boise Police Department
News Release

Michael F. Masterson
Chief of Police


Contact: Lynn Hightower
Communications Director
570-6180

FOR IMMEDIATE RELEASE

Friday, May 29, 2009

05-29-09 Sexual Battery Arrest

05-29-09 Sexual Battery Arrest

    Boise, May 29, 2009 - Boise Police arrested a man Thursday afternoon, May 28th, accused of Sexual Battery of a minor child 16 or 17.

Arrested: Charles L. Lewis, 44, Boise

Charge: Sexual Battery of a Minor Child 16 or 17 (F) ISC 18-1508 (A)

   Lewis and the victim know each other. The alleged battery occurred earlier this month at a Boise home. Lewis should be scheduled for arraignment in 4th District Court at 1;30 p.m. today. Please check with court schedules to confirm. Because this crime can be traumatizing to the victim, it's the policy of Boise Police to identify the crime and suspect, but to protect the victim's identity or relationship to the suspect. The Idaho State Code defining the charge is pasted below.

Idaho State Code: 18-1508A.Sexual battery of a minor child sixteen or seventeen years of age -- Penalty. (1) It is a felony for any person at least five (5) years of age older than a minor child who is sixteen (16) or seventeen (17) years of age, who, with the intent of arousing, appealing to or gratifying the lust, passion, or sexual desires of such person, minor child, or third party, to:
(a)  Commit any lewd or lascivious act or acts upon or with the body or any part or any member thereof of such minor child 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 shall involve such minor child in any act of explicit sexual conduct as defined in section 18-1507, Idaho Code; or
(b)  Solicit such minor child to participate in a sexual act; or
(c)  Cause or have sexual contact with such minor child, not amounting to lewd conduct as defined in paragraph (a) of this subsection; or
(d)  Make any photographic or electronic recording of such minor child.
(2)  For the purpose of subsection (b) of this section, "solicit" means any written, verbal or physical act which is intended to communicate to such minor child the desire of the actor or third party to participate in a sexual act or participate in sexual foreplay, by the means of sexual contact, photographing or observing such minor child engaged in sexual contact.
(3)  For the purpose of this section, "sexual contact" means any physical contact between such minor child and any person or between such minor children which is caused by the actor, or the actor causing such minor child to have self contact.
(4)  Any person guilty of a violation of the provisions of subsection (1)(a) of this section shall be imprisoned in the state prison for a period not to exceed life.
(5)  Any person guilty of a violation of the provisions of subsections (1)(b), (1)(c), or (1)(d) of this section shall be imprisoned in the state prison for a period not to exceed twenty-five (25) years.