Idaho Code § 18-8328 — Idaho Code / Title 18 / Chapter 83 / Section 18-8328
18-8328 ACTION FOR RELIEF BY OFFENDER OR JUVENILE OFFENDER.
Status: in_force

18-8328. Action for relief by offender or juvenile offender. Any person who is required to register pursuant to chapter 83, title 18, Idaho Code, or chapter 84, title 18, Idaho Code, may file a petition in a district court in the judicial district where the person resides, to have relief from the provisions of section 18-8327 or 18-8414, Idaho Code, pertaining to employment in or being upon or remaining on the premises of a day care center, group day care facility or family day care home while children are present, other than to drop off or pick up the sex offender's or juvenile sex offender's child or children. To be granted relief pursuant to this section, the person shall show by clear and convincing evidence that the person required to register pursuant to chapter 83, title 18, Idaho Code, or chapter 84, title 18, Idaho Code, does not pose a threat to children in a day care center, group day care facility or family day care home, it has been at least ten (10) years since the person's last conviction, finding of guilt or adjudication that required the person to register pursuant to chapter 83, title 18, Idaho Code, or chapter 84, title 18, Idaho Code, and the petitioner presents testimony from a licensed physician or psychologist about the petitioner's chance of success of not committing an act against children.

History:

[18-8328, added 2004, ch. 270, sec. 6, p. 756.]
Idaho Code § 18-4617 — Idaho Code / Title 18 / Chapter 46 / Section 18-4617
18-4617 STEALING RIDES ON TRAINS.
Status: in_force

18-4617. Stealing rides on trains. Every person who shall, at any place within this state, ride or attempt to ride upon any locomotive engine, railroad car, railroad train, or trains of any character, in or upon any part thereof, for the purpose or with the intent of stealing a ride thereon, or who shall at any place, within this state, climb upon, hold to, or in any manner attach himself to, any locomotive engine or railroad car or railroad train or trains of any character, while the same are in motion, shall be guilty of a misdemeanor: provided, that this section shall not apply to any employee of a railroad company operating such train, locomotive or car, nor to any person operating such train, locomotive or car, nor to any person having business with, or acting under legal authority of, such railroad company.

History:

[I.C., sec. 18-4617, as added by 1972, ch. 336, sec. 1, p. 939.]
Idaho Code § 18-8607 — Idaho Code / Title 18 / Chapter 86 / Section 18-8607
18-8607 HUMAN SEX TRAFFICKING.
Status: in_force

18-8607. Human sex trafficking. A person commits the felony of human sex trafficking if the person knowingly:

(1) Traffics another person and causes or attempts to cause, through force, fraud, or coercion, the trafficked person to engage in or become the victim of:

(a) Commercial sexual activity;

(b) A sexually explicit performance; or

(c) Conduct prohibited by:

(i) Section 18-5602 (procurement);

(ii) Section 18-5603 (receiving pay for procurement);

(iii) Section 18-5604 (paying for procurement);

(iv) Section 18-5605 (detention for commercial sexual activity);

(v) Section 18-5606 (receiving proceeds of illegal sexual activity);

(vi) Section 18-5608 (place of commercial sexual activity);

(vii) Section 18-5609 (inducing a child into commercial sexual activity);

(viii) Section 18-5610 (utilizing a child for commercial sexual activity);

(ix) Section 18-5611 (inducing a child to engage in commercial sexual activity);

(x) Section 18-5613 (providing commercial sexual activity); or

(xi) Section 18-5614 (soliciting commercial sexual activity);

(2) Engages in sexual contact with a person being trafficked in the manner described in subsection (1) of this section; or

(3) Receives any benefit from participating in a venture that involves an activity described in subsection (1) of this section.

History:

[18-8607, added 2024, ch. 147, sec. 28, p. 567.]
Idaho Code § 18-804 — Idaho Code / Title 18 / Chapter 8 / Section 18-804
18-804 ARSON IN THE THIRD DEGREE — BURNING OF REAL OR PERSONAL PROPERTY OR FOREST LAND — PENALTIES.
Status: in_force

18-804. Arson in the third degree — Burning of real or personal property or forest land — Penalties. Any person who willfully and unlawfully, by fire or explosion, damages:

(1) Any real or personal property of another; or

(2) Any forest land;

is guilty of arson in the third degree, and upon conviction thereof shall be sentenced to the custody of the department of correction for not more than ten (10) years or fined not more than fifty thousand dollars ($50,000) or both.

History:

[18-804, added 1993, ch. 107, sec. 5, p. 275.]
Idaho Code § 18-3610 — Idaho Code / Title 18 / Chapter 36 / Section 18-3610
18-3610 POSSESSION OF COUNTERFEITING APPARATUS.
Status: in_force

18-3610. Possession of counterfeiting apparatus. Every person who makes, or knowingly has in his possession any die, plate, or any apparatus, metal, machine, or other thing whatever, made use of in counterfeiting coin, current in this state, or in counterfeiting gold dust, gold or silver bars, bullion, lump, pieces or nuggets, or in counterfeiting bank notes, bank bills, financial transaction cards, cashier's checks, money orders, travelers checks, or any check, draft or order for the payment of money upon any bank or depository drawn on any person, firm or corporation, is punishable by imprisonment in the state prison not less than one (1) nor more than fourteen (14) years; and all such dies, plates, apparatus, paper, metal, or machine, intended for the purpose aforesaid, must be destroyed.

History:

[18-3610, added 1972, ch. 336, sec. 1, p. 918; am. 1982, ch. 220, sec. 1, p. 596.]
Idaho Code § 18-111 — Idaho Code / Title 18 / Chapter 1 / Section 18-111
18-111 FELONY, MISDEMEANOR AND INFRACTION DEFINED.
Status: in_force

18-111. Felony, misdemeanor and infraction defined. A felony is a crime which is punishable with death or by imprisonment in the state prison. An infraction is a civil public offense, not constituting a crime, which is punishable only by a penalty not exceeding three hundred dollars ($300) and for which no period of incarceration may be imposed. Every other crime is a misdemeanor. When a crime punishable by imprisonment in the state prison is also punishable by fine or imprisonment in a county jail, in the discretion of the court, it shall be deemed a misdemeanor for all purposes after a judgment imposing a punishment other than imprisonment in the state prison.

History:

[18-111, added 1972, ch. 336, sec. 1, p. 848; am. 1982, ch. 353, sec. 6, p. 878; am. 2014, ch. 236, sec. 1, p. 596.]
Idaho Code § 18-111A — Idaho Code / Title 18 / Chapter 1 / Section 18-111A
18-111A FELONY DEFINED FURTHER.
Status: in_force

18-111A. Felony defined further. Wherever the words felony, felony in the first degree, felony in the second degree, or felony in the third degree are used in the entire Idaho Code as well as the 1972 Session Law amendments thereto, the same shall be defined as a felony and shall be punishable, unless otherwise provided in a specific act, according to the General Felony Statute in the state of Idaho contained in section 18-112, Idaho Code.

History:

[I.C., sec. 18-111A, as added by 1972, ch. 381, sec. 2, p. 1102.]
Idaho Code § 18-605 — Idaho Code / Title 18 / Chapter 6 / Section 18-605
18-605 UNLAWFUL ABORTIONS — PROCUREMENT OF — PENALTY.
Status: in_force

18-605. Unlawful abortions — Procurement of — Penalty. (1) Every person not licensed or certified to provide health care in Idaho who knowingly, except as permitted by this chapter, provides, supplies or administers any medicine, drug or substance to any woman or uses or employs any instrument or other means whatever upon any then-pregnant woman with intent thereby to cause or perform an abortion shall be guilty of a felony and shall be fined not to exceed five thousand dollars ($5,000) and/or imprisoned in the state prison for not less than two (2) and not more than five (5) years.

(2) Any person licensed or certified to provide health care pursuant to title 54, Idaho Code, and who knowingly, except as permitted by the provisions of this chapter, provides, supplies or administers any medicine, drug or substance to any woman or uses or employs any instrument or other means whatever upon any then-pregnant woman with intent to cause or perform an abortion shall:

(a) For the first violation, be subject to professional discipline and be assessed a civil penalty of not less than one thousand dollars ($1,000), payable to the board granting such person's license or certification;

(b) For the second violation, have their license or certification to practice suspended for a period of not less than six (6) months and be assessed a civil penalty of not less than two thousand five hundred dollars ($2,500), payable to the board granting such person's license or certification; and

(c) For each subsequent violation, have their license or certification to practice revoked and be assessed a civil penalty of not less than five thousand dollars ($5,000), payable to the board granting such person's license or certification.

(3) Any person who is licensed or certified to provide health care pursuant to title 54, Idaho Code, and who knowingly violates the provisions of this chapter is guilty of a felony punishable as set forth in subsection (1) of this section, separate from and in addition to the administrative penalties set forth in subsection (2) of this section.

History:

[18-605, added 1973, ch. 197, sec. 4, p. 442; am. 2001, ch. 277, sec. 1, p. 1000; am. 2005, ch. 393, sec. 3, p. 1321; am. 2007, ch. 193, sec. 3, p. 565.]
Idaho Code § 18-2709 — Idaho Code / Title 18 / Chapter 27 / Section 18-2709
18-2709 INTRUSION INTO OFFICE — HOLDING OVER.
Status: in_force

18-2709. Intrusion into office — Holding over. Every person who wilfully and knowingly intrudes himself into any public office to which he has not been elected or appointed, and every person who, having been an executive officer, wilfully exercises any of the functions of his office after his term has expired, and a successor has been elected or appointed and has qualified, is guilty of a misdemeanor.

History:

[18-2709, added 1972, ch. 336, sec. 1, p. 900.]
Idaho Code § 18-703 — Idaho Code / Title 18 / Chapter 7 / Section 18-703
18-703 ILLEGAL ARRESTS AND SEIZURES.
Status: in_force

18-703. Illegal arrests and seizures. Every public officer, or person pretending to be a public officer, who, under the pretense or color of any process or other legal authority, arrests any person or detains him against his will, or seizes or levies upon any property, or dispossesses any one of any lands or tenements, without a regular process or other lawful authority therefor, is guilty of a misdemeanor.

History:

[18-703, added 1972, ch. 336, sec. 1, p. 862.]
Idaho Code § 18-115 — Idaho Code / Title 18 / Chapter 1 / Section 18-115
18-115 MANIFESTATION OF INTENT.
Status: in_force

18-115. Manifestation of intent. Intent or intention is manifested by the commission of the acts and surrounding circumstances connected with the offense.

History:

[I.C., sec. 18-115, as added by 1972, ch. 336, sec. 1, p. 848; am. 1994, ch. 131, sec. 1, p. 296.]
Idaho Code § 18-915 — Idaho Code / Title 18 / Chapter 9 / Section 18-915
18-915 ASSAULT OR BATTERY UPON CERTAIN PERSONNEL — PUNISHMENT.
Status: in_force

18-915. Assault or battery upon certain personnel — Punishment. (1) Any person who commits a crime provided for in this chapter against or upon a justice, judge, magistrate, prosecuting attorney, public defender, peace officer, bailiff, marshal, sheriff, police officer, peace officer standards and training employee involved in peace officer decertification activities, emergency services dispatcher, correctional officer, employee of the department of correction, employee of a private prison contractor while employed at a private correctional facility in the state of Idaho, members or employees of the commission of pardons and parole, employees of the department of water resources authorized to enforce the provisions of chapter 38, title 42, Idaho Code, employees of the department of parks and recreation authorized to enforce the provisions of chapter 42, title 67, Idaho Code, employees of a public utility as described in section 61-129, Idaho Code, including any employee of a consumer-owned utility, jailer, parole officer, misdemeanor probation officer, officer of the Idaho state police, fireman, social caseworkers or social work specialists of the department of health and welfare, employee of a state secure confinement facility for juveniles, employee of a juvenile detention facility, a teacher at a detention facility or a juvenile probation officer, emergency medical services personnel licensed under the provisions of chapter 9, title 46, Idaho Code, a member, employee or agent of the state tax commission, United States marshal, or federally commissioned law enforcement officer or their deputies or agents, and the perpetrator knows or has reason to know of the victim's status, the punishment shall be as follows:

(a) For committing battery with intent to commit a serious felony, the punishment shall be imprisonment in the state prison not to exceed twenty-five (25) years.

(b) For committing any other crime in this chapter, the punishment shall be doubled that provided in the respective section, except as provided in subsections (2) and (3) of this section.

(2) For committing a violation of the provisions of section 18-901 or 18-903, Idaho Code, against the person of a former or present justice, judge or magistrate, jailer or correctional officer or other staff of the department of correction, or of a county jail, or of a private correctional facility, or of an employee of a state secure confinement facility for juveniles, an employee of a juvenile detention facility, a teacher at a detention facility, misdemeanor probation officer, a juvenile probation officer, or member or employee of the commission of pardons and parole:

(a) Because of the exercise of official duties or because of the victim's former or present official status; or

(b) While the victim is engaged in the performance of his duties and the person committing the offense knows or reasonably should know that such victim is a justice, judge or magistrate, jailer or correctional officer or other staff of the department of correction, or of a private correctional facility, an employee of a state secure confinement facility for juveniles, an employee of a juvenile detention facility, a teacher at a detention facility, misdemeanor probation officer or a juvenile probation officer;

the offense shall be a felony punishable by imprisonment in a correctional facility for a period of not more than five (5) years, and said sentence shall be served consecutively to any sentence being currently served.

(3) For committing a violation of the provisions of section 18-903, Idaho Code, except unlawful touching as described in section 18-903(b), Idaho Code, against the person of a former or present peace officer, sheriff or police officer:

(a) Because of the exercise of official duty or because of the victim's former or present official status; or

(b) While the victim is engaged in the performance of his duties and the person committing the offense knows or reasonably should know that such victim is a peace officer, sheriff or police officer;

the offense shall be a felony punishable by imprisonment in a correctional facility for a period of not more than five (5) years, and said sentence shall be served consecutively to any sentence being currently served.

History:

[18-915, added 1979, ch. 227, sec. 2, p. 626; am. 1981, ch. 263, sec. 2, p. 559; am. 1992, ch. 221, sec. 1, p. 671; am. 1995, ch. 51, sec. 1, p. 118; am. 1999, ch. 247, sec. 1, p. 635; am. 2000, ch. 272, sec. 3, p. 788; am. 2000, ch. 297, sec. 3, p. 1028; am. 2000, ch. 469, sec. 21, p. 1472; am. 2001, ch. 181, sec. 1, p. 609; am. 2008, ch. 88, sec. 1, p. 242; am. 2008, ch. 151, sec. 1, p. 439; am. 2009, ch. 11, sec. 5, p. 15; am. 2011, ch. 9, sec. 1, p. 20; am. 2019, ch. 235, sec. 1, p. 720; am. 2020, ch. 276, sec. 1, p. 810; am. 2022, ch. 223, sec. 1, p. 736; am. 2025, ch. 94, sec. 20, p. 463.]
Idaho Code § 18-7023 — Idaho Code / Title 18 / Chapter 70 / Section 18-7023
18-7023 DESTROYING MINING AND WATER RIGHT NOTICES.
Status: in_force

18-7023. Destroying mining and water right notices. Every person who intentionally defaces, obliterates, tears down or destroys any notice posted on any lode or placer mining claim, or ditch, or water right, or location, or who removes, takes down or destroys any post or monument erected or placed to mark or indicate any such claim, right or location, or any part or boundary thereof, or part thereon, is guilty of a misdemeanor.

History:

[18-7023, added 1972, ch. 336, sec. 1, p. 978.]
Idaho Code § 18-5408 — Idaho Code / Title 18 / Chapter 54 / Section 18-5408
18-5408 UNQUALIFIED STATEMENT OF UNKNOWN FACT.
Status: in_force

18-5408. Unqualified statement of unknown fact. An unqualified statement of that which one does not know to be true is equivalent to a statement of that which one knows to be false.

History:

[18-5408, added 1972, ch. 336, sec. 1, p. 949.]
Idaho Code § 18-6303 — Idaho Code / Title 18 / Chapter 63 / Section 18-6303
18-6303 UNLAWFUL POSSESSION OF BLANK LICENSES OR POLL TAX RECEIPTS.
Status: in_force

18-6303. Unlawful possession of blank licenses or poll tax receipts. Every person who has in his possession with intent to circulate or sell, any blank licenses or poll tax receipts other than those furnished by the proper officer, is guilty of felony.

History:

[18-6303, added 1972, ch. 336, sec. 1, p. 963.]
Idaho Code § 18-603 — Idaho Code / Title 18 / Chapter 6 / Section 18-603
18-603 ADVERTISING MEDICINES OR OTHER MEANS FOR PREVENTING CONCEPTION, OR FACILITATING MISCARRIAGE OR ABORTION.
Status: in_force

18-603. Advertising medicines or other means for preventing conception, or facilitating miscarriage or abortion. Every person, except licensed physicians of this state and those licensed or registered health care providers hereinafter referred to acting under their direct supervision or medical order, who wilfully publishes any notice or advertisement of any medicine or means for producing or facilitating a miscarriage or abortion, or for the prevention of conception, or who offers his services by any notice, advertisement, or otherwise to assist in the accomplishment of any such purpose, is guilty of a felony. A licensed physician or licensed or registered health care provider acting at his direction or medical order may lawfully provide examinations, prescriptions, devices and informational materials regarding prevention of conception to any person requesting the same who, in the good faith judgment of the physician or such provider, is sufficiently intelligent and mature to understand the nature and significance thereof.

History:

[I.C., sec. 18-603, as added by 1972, ch. 336, sec. 1, p. 862; am. 1974, ch. 69, sec. 1, p. 1150.]
Idaho Code § 18-8304 — Idaho Code / Title 18 / Chapter 83 / Section 18-8304
18-8304 APPLICATION OF CHAPTER — RULEMAKING AUTHORITY.
Status: in_force

18-8304. Application of chapter — rulemaking authority. (1) The provisions of this chapter shall apply to any person who:

(a) On or after July 1, 1993, is convicted of the crime, or an attempt, a solicitation, or a conspiracy to commit a crime provided for in section 18-909 (assault with intent to commit rape or lewd and lascivious conduct with a minor, but excluding mayhem, murder or robbery), 18-911 (battery with intent to commit rape or lewd and lascivious conduct with a minor, but excluding mayhem, murder or robbery), 18-919 (sexual exploitation by a medical care provider), 18-925 (aggravated sexual battery), 18-1505B (sexual abuse and exploitation of a vulnerable adult), 18-1506 (sexual abuse of a child under sixteen years of age), 18-1506A (ritualized abuse of a child), felony violations of 18-1507 (sexual exploitation of a child), 18-1508 (lewd conduct with a minor child), 18-1508A (sexual battery of a minor child sixteen or seventeen years of age), 18-1508B (aggravated lewd conduct with a minor child under sixteen), 18-1508C (aggravated lewd conduct with a minor child twelve or under), 18-1509A (enticing a child over the internet), 18-4003(d) (murder committed in perpetration of rape), 18-4116 (indecent exposure, but excluding a misdemeanor conviction), 18-4502 (first degree kidnapping committed for the purpose of rape or for committing any lewd and lascivious act upon any child under the age of sixteen, or for purposes of sexual gratification or arousal), 18-4503 (second degree kidnapping where the victim is an unrelated minor child), 18-5605 (detention for commercial sexual activity), 18-5609 (inducing a child into commercial sexual activity), 18-5610 (utilizing a child for commercial sexual activity), 18-5611 (inducing a child to engage in commercial sexual activity), 18-6101 (rape, but excluding 18-6101(1) where the defendant is eighteen years of age), 18-6110 (sexual contact with a prisoner), 18-6601 (incest), 18-6602 (sexual abuse of an animal), 18-6603 (sexual abuse of human remains), 18-6604 (forcible penetration by use of a foreign object), 18-6605 (video voyeurism where the victim is a minor or upon a second or subsequent conviction), 18-7804 (if the racketeering act involves kidnapping of a minor) or chapter 86, title 18 (human trafficking), Idaho Code.

(b) On or after July 1, 1993, has been convicted of any crime, an attempt, a solicitation or a conspiracy to commit a crime in another jurisdiction, including military courts, or who has a foreign conviction that is substantially equivalent to the offenses listed in paragraphs (a) or (f) of this subsection and enters this state to establish residence or for employment purposes or to attend, on a full-time or part-time basis, any public or private educational institution including any secondary school, trade or professional institution or institution of higher education.

(c) Has been convicted of any crime, an attempt, a solicitation or a conspiracy to commit a crime in another jurisdiction, including military courts, or who has a foreign conviction that is substantially equivalent to the offenses listed in paragraphs (a) or (f) of this subsection and was required to register as a sex offender in any other state or jurisdiction when he established residency in Idaho.

(d) Pleads guilty to or has been found guilty of a crime covered in this chapter prior to July 1, 1993, and the person, as a result of the offense, is incarcerated in a county jail facility or a penal facility or is under probation or parole supervision, on or after July 1, 1993.

(e) Is a nonresident regularly employed or working in Idaho or is a student in the state of Idaho and was convicted, found guilty or pleaded guilty to a crime covered by this chapter and, as a result of such conviction, finding or plea, is required to register in his state of residence.

(f) On or after July 1, 1993, is convicted of the crime or an attempt, solicitation, or conspiracy to commit the infamous crime against nature, a felony offense formerly codified in chapter 66, title 18, Idaho Code, and whose conviction is entered before July 1, 2022.

(2) An offender shall not be required to comply with the registration provisions of this chapter while incarcerated in a correctional institution of the department of correction, a county jail facility, committed to the department of juvenile corrections or committed to a mental health institution of the department of health and welfare.

(3) A conviction for purposes of this chapter means that the person has pled guilty or has been found guilty, notwithstanding the form of the judgment or withheld judgment.

(4) The department shall have authority to promulgate rules to implement the provisions of this chapter.

History:

[18-8304, added 1998, ch. 411, sec. 2, p. 1277; am. 1999, ch. 302, sec. 1, p. 754; am. 1999, ch. 349, sec. 2, p. 933; am. 2001, ch. 194, sec. 2, p. 660; am. 2003, ch. 145, sec. 2, p. 419; am. 2004, ch. 122, sec. 2, p. 411; am. 2005, ch. 233, sec. 1, p. 711; am. 2006, ch. 408, sec. 1, p. 1237; am. 2009, ch. 250, sec. 2, p. 762; am. 2010, ch. 352, sec. 7, p. 925; am. 2011, ch. 27, sec. 2, p. 68; am. 2011, ch. 311, sec. 3, p. 884; am. 2012, ch. 269, sec. 4, p. 754; am. 2012, ch. 271, sec. 1, p. 765; am. 2013, ch. 240, sec. 3, p. 567; am. 2016, ch. 296, sec. 5, p. 829; am. 2016, ch. 377, sec. 3, p. 1105; am. 2018, ch. 322, sec. 3, p. 751; am. 2019, ch. 30, sec. 2, p. 83; am. 2019, ch. 143, sec. 6, p. 494; am. 2022, ch. 124, sec. 18, p. 451; am. 2023, ch. 181, sec. 1, p. 494; am. 2024, ch. 147, sec. 47, p. 583; am. 2025, ch. 177, sec. 6, p. 835.]
Idaho Code § 18-8002 — Idaho Code / Title 18 / Chapter 80 / Section 18-8002
18-8002 TESTS OF DRIVER FOR ALCOHOL CONCENTRATION, PRESENCE OF DRUGS OR OTHER INTOXICATING SUBSTANCES — PENALTY AND SUSPENSION UPON REFUSAL OF TESTS.
Status: in_force

18-8002. Tests of driver for alcohol concentration, presence of drugs or other intoxicating substances — Penalty and suspension upon refusal of tests. (1) Any person who drives or is in actual physical control of a motor vehicle in this state shall be deemed to have given his consent to evidentiary testing for concentration of alcohol as defined in section 18-8004, Idaho Code, and to have given his consent to evidentiary testing for the presence of drugs or other intoxicating substances, provided that such testing is administered at the request of a peace officer having reasonable grounds to believe that person has been driving or was in actual physical control of a motor vehicle in violation of the provisions of section 18-8004 or 18-8006, Idaho Code.

(2) Such person shall not have the right to consult with an attorney before submitting to such evidentiary testing.

(3) At the time evidentiary testing for concentration of alcohol or for the presence of drugs or other intoxicating substances is requested, the person shall be informed that if he refuses to submit to or if he fails to complete evidentiary testing:

(a) He is subject to a civil penalty of two hundred fifty dollars ($250) for refusing to take the test;

(b) He is subject to mandatory installation of a state-approved ignition interlock system, at his expense, on all of the motor vehicles operated by him for a period to end one (1) year following the end of the suspension period;

(c) He has the right to request a hearing within seven (7) days to show cause why he refused to submit to or complete evidentiary testing;

(d) If he does not request a hearing or does not prevail at the hearing, the court shall sustain the civil penalty and shall order the required installation of a state-approved ignition interlock system on all motor vehicles operated by him and his driver's license will be suspended absolutely for one (1) year if this is his first refusal and two (2) years if this is his second refusal within ten (10) years;

(e) Provided however, if he is admitted to a problem solving court program and has served at least forty-five (45) days of an absolute suspension of driving privileges, then he may be eligible for a restricted permit for the purpose of getting to and from work, school or an alcohol treatment program, but only if a state-approved ignition interlock system has been installed, at his expense, on all motor vehicles operated by him; and

(f) After submitting to evidentiary testing, he may, when practicable, at his own expense, have additional tests made by a person of his own choosing.

(4) If the motorist refuses to submit to or complete evidentiary testing after the information has been given in accordance with subsection (3) of this section:

(a) He shall be fined a civil penalty of two hundred fifty dollars ($250);

(b) The court shall direct the installation, at his expense, of a state-approved ignition interlock system meeting the requirements set forth in section 18-8008, Idaho Code, on all motor vehicles operated by him for a period of one (1) year following the end of the suspension period;

(c) A written request may be made within seven (7) calendar days for a hearing before the court; if requested, the hearing must be held within thirty (30) days of the date of service unless this period is, for good cause shown, extended by the court for one (1) additional thirty (30) day period. The hearing shall be limited to the question of why the defendant did not submit to or complete evidentiary testing, and the burden of proof shall be upon the defendant; the court shall sustain a two hundred fifty dollar ($250) civil penalty immediately, suspend all the defendant's driving privileges immediately for one (1) year for a first refusal and two (2) years for a second refusal within ten (10) years and direct the installation, at his expense, of a state-approved ignition interlock system meeting the requirements set forth in section 18-8008, Idaho Code, on all motor vehicles operated by him for a period to end one (1) year following the end of the suspension period, unless it finds that the peace officer did not have legal cause to stop and request him to take the test or that the request violated his civil rights;

(d) If a hearing is not requested by written notice to the court concerned within seven (7) calendar days, upon receipt of a sworn statement by the peace officer of the circumstances of the refusal, the court shall sustain a two hundred fifty dollar ($250) civil penalty, suspend the defendant's driving privileges for one (1) year for a first refusal and two (2) years for a second refusal within ten (10) years, during which time he shall have absolutely no driving privileges of any kind, and direct the installation of a state-approved ignition interlock system, at his expense, meeting the requirements set forth in section 18-8008, Idaho Code, on all motor vehicles operated by him for a period to end one (1) year following the end of the suspension period;

(e) Notwithstanding the provisions of paragraphs (c) and (d) of this subsection, if the defendant is enrolled in and is a participant in good standing in a drug court or mental health court approved by the supreme court drug court and mental health court coordinating committee under the provisions of chapter 56, title 19, Idaho Code, or other similar problem solving court utilizing community-based sentencing alternatives, then the defendant shall be eligible for restricted noncommercial driving privileges for the purpose of getting to and from work, school or an alcohol treatment program, which may be granted by the presiding judge of the drug court or mental health court or other similar problem solving court, provided that the defendant has served a period of absolute suspension of driving privileges of at least forty-five (45) days, that a state-approved ignition interlock system meeting the requirements set forth in section 18-8008, Idaho Code, is installed, at his expense, on all motor vehicles operated by him for a period to end one (1) year following the end of the suspension period and that the defendant has shown proof of financial responsibility as defined and in the amounts specified in section 49-117, Idaho Code, provided that the restricted noncommercial driving privileges and the requirement of a state-approved ignition interlock system may be continued if the defendant successfully completes the drug court, mental health court or other similar problem solving court, and that the court may revoke such privileges for failure to comply with the terms of probation or with the terms and conditions of the drug court, mental health court or other similar problem solving court program; and

(f) After submitting to evidentiary testing at the request of the peace officer, he may, when practicable, at his own expense, have additional tests made by a person of his own choosing. The failure or inability to obtain an additional test or tests by a person shall not preclude the admission of results of evidentiary testing for alcohol concentration or for the presence of drugs or other intoxicating substances taken at the direction of the peace officer unless the additional test was denied by the peace officer.

(5) Any sustained sanction under this section or section 18-8002A, Idaho Code, shall be a sanction separate and apart from any other sanction imposed for a violation of other Idaho motor vehicle codes or for a conviction of an offense pursuant to this chapter and may be appealed to the district court.

(6) No hospital, hospital officer, agent, or employee, or health care professional licensed by the state of Idaho, whether or not such person has privileges to practice in the hospital in which a body fluid sample is obtained or an evidentiary test is made, shall incur any civil or criminal liability for any act arising out of administering an evidentiary test for alcohol concentration or for the presence of drugs or other intoxicating substances at the request or order of a peace officer in the manner described in this section and section 18-8002A, Idaho Code; provided that nothing in this section shall relieve any such person or legal entity from civil liability arising from the failure to exercise the community standard of care.

(a) This immunity extends to any person who assists any individual to withdraw a blood sample for evidentiary testing at the request or order of a peace officer, which individual is authorized to withdraw a blood sample under the provisions of section 18-8003, Idaho Code, regardless of the location where the blood sample is actually withdrawn.

(b) A peace officer is empowered to order an individual authorized in section 18-8003, Idaho Code, to withdraw a blood sample for evidentiary testing when the peace officer has probable cause to believe that the suspect has committed any of the following offenses:

(i) Aggravated driving under the influence of alcohol, drugs or other intoxicating substances as provided in section 18-8006, Idaho Code;

(ii) Vehicular manslaughter as provided in subsection (3)(a), (b) and (c) of section 18-4006, Idaho Code;

(iii) Aggravated operating of a vessel on the waters of the state while under the influence of alcohol, drugs or other intoxicating substances as provided in section 67-7035, Idaho Code; or

(iv) Any criminal homicide involving a vessel on the waters of the state while under the influence of alcohol, drugs or other intoxicating substances.

(c) Nothing herein shall limit the discretion of the hospital administration to designate the qualified hospital employee responsible to withdraw the blood sample.

(d) The law enforcement agency that requests or orders withdrawal of the blood sample shall pay the reasonable costs to withdraw such blood sample, perform laboratory analysis, preserve evidentiary test results, and testify in judicial proceedings. The court may order restitution pursuant to the provisions of section 18-8003(2), Idaho Code.

(e) The withdrawal of the blood sample may be delayed or terminated if:

(i) In the reasonable judgment of the hospital personnel, withdrawal of the blood sample may result in serious bodily injury to hospital personnel or other patients; or

(ii) The licensed health care professional treating the suspect believes the withdrawal of the blood sample is contraindicated because of the medical condition of the suspect or other patients.

(7) "Actual physical control" as used in this section and section 18-8002A, Idaho Code, shall be defined as being in the driver's position of the motor vehicle with the motor running or with the motor vehicle moving.

(8) Any written notice required by this section shall be effective upon mailing.

(9) For the purposes of this section and section 18-8002A, Idaho Code, "evidentiary testing" shall mean a procedure or test or series of procedures or tests, including the additional test authorized in subsection (10) of this section, utilized to determine the concentration of alcohol or the presence of drugs or other intoxicating substances in a person.

(10) A person who submits to a breath test for alcohol concentration, as defined in subsection (4) of section 18-8004, Idaho Code, may also be requested to submit to a second evidentiary test of blood or urine for the purpose of determining the presence of drugs or other intoxicating substances if the peace officer has reasonable cause to believe that a person was driving under the influence of any drug or intoxicating substance or the combined influence of alcohol and any drug or intoxicating substance. The peace officer shall state in his or her report the facts upon which that belief is based.

(11) Notwithstanding any other provision of law to the contrary, the civil penalty imposed under the provisions of this section must be paid, as ordered by the court, to the county justice fund or the county current expense fund where the incident occurred. If a person does not pay the civil penalty imposed as provided in this section within thirty (30) days of the imposition, unless this period has been extended by the court for good cause shown, the prosecuting attorney representing the political subdivision where the incident occurred may petition the court in the jurisdiction where the incident occurred to file the order imposing the civil penalty as an order of the court. Once entered, the order may be enforced in the same manner as a final judgment of the court. In addition to the civil penalty, attorney's fees, costs and interest may be assessed against any person who fails to pay the civil penalty.

(12) Upon petition of the person required to install an ignition interlock device pursuant to subsection (4)(b) of this section, section 18-8002A(4), 18-8005(1)(e), or 18-8008, Idaho Code, a court in its discretion may relieve the person from the installation of the device where the court finds it clear and convincing that the person will not present a danger to the public or that there are exceptional or mitigating circumstances demonstrating that installation of the device is unnecessary or unwarranted. Financial hardship, standing alone, is not an exceptional or mitigating circumstance. If no civil or criminal case is pending related to the order to install the ignition interlock device, a person may file a petition for relief in magistrate court under this section in his county of residence, or, if such person has no county of residence in Idaho, in Ada county, if such petition is filed within thirty (30) days of the order requiring the installation of the interlock device. While any petition for judicial review in district court or motion or petition before a magistrate court is pending, the ignition interlock device requirement shall be stayed. The Idaho transportation department shall not be a party to any petition for interlock relief filed before a court. An order for relief from the installation of the ignition interlock device from any court shall apply to all statutory ignition interlock requirements.

(13) A court may determine that an offender is eligible to utilize available funds from the court interlock device and electronic monitoring device fund, as outlined in section 18-8010, Idaho Code, for the installation and operation of an ignition interlock device, based on evidence of financial hardship.

(14) As used in this section, "at his expense" includes the cost of obtaining, installing, using and maintaining an ignition interlock system.

History:

[18-8002, added 1984, ch. 22, sec. 2, p. 27; am. 1987, ch. 122, sec. 1, p. 248; am. 1987, ch. 132, sec. 1, p. 263; am. 1987, ch. 220, sec. 2, p. 469; am. 1989, ch. 88, sec. 60, p. 199; am. 1989, ch. 366, sec. 1, p. 915; am. 1989, ch. 367, sec. 1, p. 920; am. 1990, ch. 45, sec. 43, p. 111; am. 1992, ch. 115, sec. 39, p. 381; am. 1992, ch. 133, sec. 1, p. 416; am. 1993, ch. 413, sec. 1, p. 1516; am. 2006, ch. 224, sec. 1, p. 665; am. 2006, ch. 261, sec. 1, p. 800; am. 2009, ch. 108, sec. 1, p. 344; am. 2009, ch. 184, sec. 1, p. 584; am. 2011, ch. 15, sec. 1, p. 43; am. 2011, ch. 265, sec. 1, p. 710; am. 2014, ch. 63, sec. 2, p. 152; am. 2018, ch. 254, sec. 2, p. 587; am. 2021, ch. 236, sec. 1, p. 716.]
Idaho Code § 18-5618 — Idaho Code / Title 18 / Chapter 56 / Section 18-5618
18-5618 PROPERTY SUBJECT TO FORFEITURE.
Status: in_force

18-5618. property subject to forfeiture. Property subject to criminal forfeiture under this chapter includes:

(1) "Real property" including things growing on, affixed to or found on the land; and

(2) "Tangible and intangible personal property" including rights, privileges, interests, claims and securities.

History:

[18-5618, added 2013, ch. 249, sec. 1, p. 601.]
Idaho Code § 18-8306 — Idaho Code / Title 18 / Chapter 83 / Section 18-8306
18-8306 NOTICE OF DUTY TO REGISTER AND INITIAL REGISTRATION.
Status: in_force

18-8306. Notice of duty to register and initial registration. (1) When a person is sentenced for an offense identified in section 18-8304, Idaho Code, the prosecuting attorney shall seek and the court shall order a designated law enforcement agency to immediately photograph that person and obtain fingerprints and palm prints unless the person has been photographed and has provided fingerprints and palm prints previously for the same offense. Fingerprints, palm prints and photographs may be taken at the jail or correctional facility to which the person is remanded or sentenced. The fingerprints, palm prints and photographs taken pursuant to this subsection shall be submitted to the department as provided in section 67-3005, Idaho Code.

(2) A person convicted of an offense identified in section 18-8304, Idaho Code, and released on probation without a sentence of incarceration in a county jail or correctional facility, including release pursuant to a withheld judgment or release from any mental institution, shall be notified by the sentencing court of the duty to register pursuant to the provisions of this chapter and the offender shall register in accordance with this chapter no later than two (2) working days after sentence is imposed or judgment is withheld. The written notification shall be a form provided by the department and approved by the attorney general and shall be signed by the defendant. The court shall retain one (1) copy, provide one (1) copy to the offender, and submit one (1) copy to the central registry within three (3) working days of release.

(3) With respect to an offender convicted of a sexual offense identified in section 18-8304, Idaho Code, and sentenced to a period of immediate incarceration in a jail or correctional facility and subsequently released, placed on probation, or paroled, the department of correction or jail shall provide, prior to release from confinement, written notification of the duty to register and the offender shall register prior to his or her release. The written notification shall be a form provided by the department and approved by the attorney general and shall be signed by the offender. The department of correction or jail shall retain one (1) copy, provide one (1) copy to the offender, and submit one (1) copy to the central registry within three (3) working days of release.

(4) The sheriff of each county shall provide written notification, on a form provided by the Idaho transportation department and approved by the attorney general, of the registration requirements of this chapter to any person who enters this state from another jurisdiction and makes an application for an identification card or a license to operate a motor vehicle in this state. The written notice shall be signed by the person and one (1) copy shall be retained by the sheriff's office and one (1) copy shall be provided to the person.

(5) The notification form provided by the department and approved by the attorney general shall:

(a) Explain the duty to register, the procedure for registration and penalty for failure to comply with registration requirements;

(b) Inform the offender of the requirement to provide notice of any change of address within Idaho or to another jurisdiction within two (2) working days of such change and of the immediate notification requirements set forth in subsections (2) and (3) of section 18-8309, Idaho Code;

(c) Inform the offender of the requirement to register in a new jurisdiction within two (2) working days of changing residence to that jurisdiction, becoming employed in that jurisdiction or becoming a student in that jurisdiction; and

(d) Obtain from the offender and agency or court, the information required for initial registration in the central registry as set forth in section 18-8305, Idaho Code, and any other information required by rules promulgated by the department.

(6) The official conducting the notice and initial registration shall ensure that the notification form is complete, that the offender has read and signed the form, and that a copy is forwarded to the central repository within three (3) working days of the registration.

(7) No person subject to registration shall willfully furnish false or misleading information when complying with registration and notification requirements of this chapter.

(8) An offender required to register under this chapter shall initially register in the jurisdiction in which he or she was convicted as well as any other jurisdiction requiring registration under this chapter. If the jurisdiction in which the offender is initially required to register is Idaho, the offender shall register in the county in which he or she primarily intends to reside. The county of initial registration shall then notify the department, which shall notify any other county or jurisdiction in which the offender is required to register.

History:

[18-8306, added 1998, ch. 411, sec. 2, p. 1279; am. 1999, ch. 249, sec. 4, p. 647; am. 1999, ch. 302, sec. 2, p. 755; am. 2004, ch. 126, sec. 2, p. 429; am. 2011, ch. 311, sec. 5, p. 887.]
Idaho Code § 18-113A — Idaho Code / Title 18 / Chapter 1 / Section 18-113A
18-113A PUNISHMENT FOR INFRACTION.
Status: in_force

18-113A. Punishment for infraction. Every offense declared to be an infraction is punishable only by a penalty not exceeding three hundred dollars ($300) as provided in this section and no imprisonment. The penalty for an infraction shall be:

(1) The amount set by statute;

(2) Subject to subsection (1) of this section, the amount set as a fixed penalty for that infraction as of January 1, 2014, by the Idaho supreme court infraction rule 9, excepting subsection (38) of infraction rule 9 for "other infractions";

(3) The amount set by city or county ordinance for which the city or county has authority to impose a penalty and which is not otherwise set under subsection (1) or (2) of this section; or

(4) Fifteen dollars and fifty cents ($15.50) for an infraction without a specific penalty set under subsection (1), (2) or (3) of this section.

History:

[18-113A, added 1982, ch. 353, sec. 7, p. 878; am. 2014, ch. 236, sec. 2, p. 596; am. 2015, ch. 198, sec. 1, p. 608.]
Idaho Code § 18-2417 — Idaho Code / Title 18 / Chapter 24 / Section 18-2417
18-2417 DEFINITIONS.
Status: in_force

18-2417. Definitions. As used in the unused merchandise ownership protection act:

(1) "Open market" may include a "swap meet," an "indoor swap meet" or a "flea market" and means an event at which two (2) or more persons offer personal property for sale or exchange and either:

(a) A fee is charged for those persons selling or exchanging personal property or a fee is charged to the public for admission to the event; or

(b) The event is held more than two (2) times in a twelve (12) month period;

(2) "Unused merchandise" means tangible personal property that, since its original production or manufacturing, has never been used or consumed and, if placed in a package or container, is still in its original and unopened package or container; and

(3) "Vendor of unused merchandise" means a person who offers unused merchandise for sale or exchange at an open market.

History:

[18-2417, added 2000, ch. 130, sec. 1, p. 306.]
Idaho Code § 18-7012 — Idaho Code / Title 18 / Chapter 70 / Section 18-7012
18-7012 OPENING GATES AND DESTROYING FENCES.
Status: in_force

18-7012. Opening gates and destroying fences. It shall be a misdemeanor for any person to open and leave open any gate not belonging to such person or rightfully under his control, or to cut, break, tear down, or otherwise injure, any fence or wall or any obstruction used for a fence not belonging to such person or rightfully under his control.

History:

[18-7012, added 1972, ch. 336, sec. 1, p. 976.]
Idaho Code § 18-802 — Idaho Code / Title 18 / Chapter 8 / Section 18-802
18-802 ARSON IN FIRST DEGREE — BURNING OF DWELLING OR OTHER STRUCTURES WHERE PERSONS ARE NORMALLY PRESENT — PENALTIES.
Status: in_force

18-802. Arson in first degree — Burning of dwelling or other structures where persons are normally present — Penalties. Any person who willfully and unlawfully, by fire or explosion, damages:

(1) Any dwelling, whether occupied or not; or

(2) Any structure, whether occupied or not, in which persons are normally present, including without limitation: jails, prisons or detention centers; hospitals, nursing homes or other health care facilities; department stores, office buildings, business establishments, churches or educational institutions, or other similar structures; or

(3) Any other structure which the actor has reasonable grounds to believe is occupied by a human being; or

(4) Any real or personal property, whether the property of the actor or another, with the intent to deceive or harm any insurer or any person with a legal or financial interest in the property, or obtain any financial gain for the actor or another;

is guilty of arson in the first degree, and upon conviction thereof shall be sentenced to the custody of the department of correction for not more than twenty-five (25) years or fined not more than one hundred thousand dollars ($100,000) or both.

History:

[18-802, added 1993, ch. 107, sec. 3, p. 274.]
Idaho Code § 18-4703 — Idaho Code / Title 18 / Chapter 47 / Section 18-4703
18-4703 OFFERING BRIBES TO LEGISLATORS.
Status: in_force

18-4703. Offering bribes to legislators. Every person who gives or offers to give a bribe to any member of the legislature, or to another person for him, or attempts by menace, deceit, suppression of truth, or any corrupt means, to influence a member in giving or withholding his vote, or in not attending the house or any committee of which he is a member, is guilty of a felony.

History:

[18-4703, added 1972, ch. 336, sec. 1, p. 943.]
Idaho Code § 18-609G — Idaho Code / Title 18 / Chapter 6 / Section 18-609G
18-609G STATISTICAL RECORDS.
Status: in_force

18-609G. Statistical records. (1) The bureau of vital statistics of the department of health and welfare shall, in addition to other information required pursuant to section 39-261, Idaho Code, require the complete and accurate reporting of information relevant to each abortion performed upon a minor which shall include, at a minimum, the following:

(a) Whether the abortion was performed following the physician's receipt of:

(i) The written informed consent of a parent, guardian or conservator and the minor; or

(ii) The written informed consent of an emancipated minor for herself; or

(iii) The written informed consent of a minor for herself pursuant to a court order granting the minor the right to self-consent; or

(iv) The court order which includes a finding that the performance of the abortion, despite the absence of the consent of a parent, is in the best interests of the minor; or

(v) Certification from the pregnant minor to the attending physician pursuant to section 18-609A, Idaho Code, that parental consent is not required because the pregnancy resulted from rape as defined in section 18-6101, Idaho Code, excepting subsections (1) and (2) thereof, or sexual conduct with the minor by the minor's parent, stepparent, uncle, grandparent, sibling, adoptive parent, legal guardian or foster parent.

(b) If the abortion was performed due to a medical emergency and without consent from a parent, guardian or conservator or court order, the diagnosis upon which the attending physician determined that the abortion was immediately necessary due to a medical emergency.

(2) The knowing failure of the attending physician to perform any one (1) or more of the acts required under this section is grounds for discipline pursuant to section 54-1814(6), Idaho Code, and shall subject the physician to assessment of a civil penalty of one hundred dollars ($100) for each month or portion thereof that each such failure continues, payable to the bureau of vital statistics of the department of health and welfare, but such failure shall not constitute a criminal act.

History:

[18-609G, added 2007, ch. 193, sec. 5, p. 568; am. 2010, ch. 352, sec. 5, p. 923.]
Idaho Code § 18-3302K — Idaho Code / Title 18 / Chapter 33 / Section 18-3302K
18-3302K ISSUANCE OF ENHANCED LICENSES TO CARRY CONCEALED WEAPONS.
Status: in_force

18-3302K. ISSUANCE OF ENHANCED LICENSES TO CARRY CONCEALED WEAPONS. (1) The sheriff of a county, on behalf of the state of Idaho, must, within ninety (90) days after the filing of an application by any person who is not disqualified from possessing or receiving a firearm under state or federal law and has otherwise complied with the requirements of this section, issue an enhanced license to the person to carry concealed weapons on his person. Licenses issued under this section shall be valid for five (5) years from the date of issue.

(2) The sheriff must make license applications readily available at the office of the sheriff, at other public offices in his jurisdiction and on the website of the Idaho state police. The license application must be in a form to be prescribed by the director of the Idaho state police and must meet the following requirements:

(a) The license application shall require the applicant's name, address, description, signature, date of birth, place of birth, military status, citizenship and the driver's license number or state identification card number if used for identification in applying for the license. If the applicant is not a U.S. citizen, the application shall also require any alien or admission number issued to the applicant by U.S. immigration and customs enforcement, or any successor agency;

(b) The license application may ask the applicant to disclose his social security number but must indicate that disclosure of the applicant's social security number is optional; and

(c) The license application must contain a warning that substantially reads as follows:

CAUTION: Federal law and state law on the possession of weapons and firearms differ. If you are prohibited by federal law from possessing a weapon or a firearm, you may be prosecuted in federal court. A state permit is not a defense to a federal prosecution.

(3) Any person who is applying for original issuance of a license to carry concealed weapons must submit his fingerprints with the completed application. Within five (5) days after the filing of an application, the sheriff must forward the applicant's completed license application and fingerprints to the Idaho state police. The Idaho state police must conduct a national fingerprint-based records check, an inquiry through the national instant criminal background check system, and a check of any applicable state database, including a check for any mental health records for conditions or commitments that would disqualify a person from possessing a firearm under state or federal law, and must return the results to the sheriff within sixty (60) days. If the applicant is not a U.S. citizen, an immigration alien query must also be conducted through U.S. immigration and customs enforcement or any successor agency. The sheriff shall not issue a license before receiving and reviewing the results of the records check.

(4) The sheriff must deny an enhanced license to carry a concealed weapon if the applicant is disqualified under any of the criteria listed in section 18-3302(11), Idaho Code, or does not meet all of the following qualifications:

(a) Is over the age of twenty-one (21) years;

(b) Has been a legal resident of the state of Idaho for at least six (6) consecutive months before filing an application under this section or holds a current license or permit to carry concealed weapons issued by his state of residence; and

(c) Has successfully completed, within the twelve (12) months immediately preceding filing an application, a qualifying handgun course as specified in this paragraph and taught by a certified instructor who is not prohibited from possessing firearms under state or federal law. A copy of the certificate of successful completion of the handgun course, in a form to be prescribed by the director of the Idaho state police and signed by the course instructor, must be submitted to the sheriff at the time of filing an application under this section. Certified instructors of handgun courses when filing an application under this section shall not be required to submit such certificates but must submit a copy of their current instructor's credential. The sheriff must accept as a qualifying handgun course a personal protection course offered by the national rifle association or an equivalent, provided that all personal protection or equivalent courses must meet the following requirements:

(i) The course instructor is certified by the national rifle association, or by another nationally recognized organization that customarily certifies firearms instructors, as an instructor in personal protection with handguns, or the course instructor is certified by the Idaho peace officers standards and training council as a firearms instructor;

(ii) The course is at least eight (8) hours in duration;

(iii) The course is taught face to face and not by electronic or other means; and

(iv) The course includes instruction in:

1. Idaho law relating to firearms and the use of deadly force, provided that such instruction is delivered by any of the following whose name and credential must appear on the certificate:

(A) An active, senior or emeritus member of the Idaho state bar;

(B) A law enforcement officer, active or retired, who currently possesses or possessed at the time of his retirement an intermediate or higher Idaho peace officers standards and training certificate; or

(C) An instructor certified by the national rifle association, or equivalent, who has instructed an approved course for enhanced concealed carry for at least eight (8) years;

2. The basic concepts of the safe and responsible use of handguns;

3. Self-defense principles; and

4. Live fire training, including the firing of at least ninety-eight (98) rounds by the student.

An instructor must provide a copy of the syllabus and a written description of the course of fire used in a qualifying handgun course that includes the name of the individual instructing the legal portion of the course to the sheriff upon request.

(5) A license to carry concealed weapons must be in a form substantially similar to that of the Idaho driver's license and must meet the following specifications:

(a) The license must provide the licensee's name, address, date of birth and the driver's license number or state identification card number if used for identification in applying for the license;

(b) The license must bear the licensee's signature and picture;

(c) The license must provide the date of issuance and the date on which the license expires; and

(d) The license must be clearly distinguishable from a license issued pursuant to section 18-3302, Idaho Code, and must be marked "Idaho enhanced concealed weapons license" on its face.

(6) Upon issuing a license under the provisions of this section, the sheriff must notify the Idaho state police within three (3) days on a form or in a manner prescribed by the Idaho state police. Information relating to an applicant or licensee received or maintained pursuant to this section by the sheriff or Idaho state police is confidential and exempt from disclosure under section 74-105, Idaho Code.

(7) The fee for original issuance of an enhanced license shall be twenty dollars ($20.00), which the sheriff must retain for the purpose of performing the duties required in this section. The sheriff may collect the actual cost of any additional fees necessary to cover the processing costs lawfully required by any state or federal agency or department, as well as the actual cost of materials for the license lawfully required by any state agency or department, which costs must be paid to the state. The sheriff must provide the applicant with a copy of the results of the fingerprint-based records check upon request of the applicant.

(8) The fee for renewal of the enhanced license shall be fifteen dollars ($15.00), which the sheriff must retain for the purpose of performing duties required in this section. The sheriff may collect the actual cost of any additional fees necessary to cover the processing costs lawfully required by any state or federal agency or department, as well as the actual cost of materials for the license lawfully required by any state agency or department, which costs must be paid to the state.

(9) Every license that is not, as provided by law, suspended, revoked or disqualified in this state shall be renewable at any time during the ninety (90) day period before its expiration or within ninety (90) days after the expiration date. The sheriff must mail renewal notices ninety (90) days prior to the expiration date of the license. The sheriff shall require the licensee applying for renewal to complete an application. The sheriff must submit the application to the Idaho state police. The Idaho state police must conduct the same records checks as required for an initial license under subsection (3) of this section and must return the results to the sheriff within thirty (30) days. The sheriff shall not issue a renewal before receiving and reviewing the results of the records check and must deny a license if the applicant is disqualified under any of the criteria provided in this section. A renewal license shall be valid for a period of five (5) years. A license so renewed shall take effect on the expiration date of the prior license. A licensee renewing ninety-one (91) days to one hundred eighty (180) days after the expiration date of the license must pay a late renewal penalty of ten dollars ($10.00) in addition to the renewal fee, except that any licensee serving on active duty in the armed forces of the United States during the renewal period shall not be required to pay a late renewal penalty upon renewing ninety-one (91) days to one hundred eighty (180) days after the expiration date of the license. After one hundred eighty-one (181) days, the licensee shall be required to submit an initial application for an enhanced license and pay the fees prescribed in subsection (7) of this section. The renewal fee and any penalty shall be paid to the sheriff for the purpose of enforcing the provisions of this chapter. Upon renewing a license under the provisions of this section, the sheriff must notify the Idaho state police within five (5) days on a form or in a manner prescribed by the Idaho state police.

(10) No city, county or other political subdivision of this state shall modify or add to the requirements of this section, nor shall a city, county or political subdivision ask the applicant to voluntarily submit any information not required in this section. A civil action may be brought to enjoin a wrongful refusal to issue a license or a wrongful modification of the requirements of this section. The civil action may be brought in the county in which the application was made or in Ada county at the discretion of the petitioner. Any person who prevails against a public agency in any action in the courts for a violation of this section must be awarded costs, including reasonable attorney's fees, incurred in connection with the legal action.

(11) A county sheriff, deputy sheriff or county employee who issues a license to carry a concealed weapon under this section shall not incur any civil or criminal liability as the result of the performance of his or her duties in compliance with this section.

(12) The sheriff shall have the power to revoke a license issued pursuant to this section subsequent to a hearing in accordance with the provisions of chapter 52, title 67, Idaho Code, for any of the following reasons, provided that the sheriff must notify the Idaho state police within three (3) days on a form or in a manner prescribed by the Idaho state police of any such revocation:

(a) Fraud or intentional misrepresentation in the obtaining of a license;

(b) Misuse of a license, including lending or giving a license to another person, duplicating a license or using a license with the intent to unlawfully cause harm to a person or property;

(c) The doing of an act or existence of a condition that would have been grounds for the denial of the license by the sheriff;

(d) The violation of any of the provisions of this section; or

(e) The applicant is adjudicated guilty of or receives a withheld judgment for a crime that would have disqualified him from initially receiving a license.

(13) An applicant who provides information on the application for an enhanced license to carry a concealed weapon knowing the same to be untrue shall be guilty of a misdemeanor.

(14) The attorney general must contact the appropriate officials in other states for the purpose of establishing, to the extent possible, recognition and reciprocity of the enhanced license to carry a concealed weapon by other states, whether by formal agreement or otherwise. The Idaho state police or the attorney general must keep a copy and maintain a record of all such agreements and reciprocity recognitions that must be made available to the public.

(15) Any license issued pursuant to this section is valid throughout the state of Idaho and shall be considered an authorized state license.

(16) The Idaho state police must maintain a computerized record system that is accessible to law enforcement agencies in any state for the purpose of verifying current enhanced licensee status. Information maintained in the record system shall be confidential and exempt from disclosure under section 74-105, Idaho Code, except that any law enforcement officer or law enforcement agency, whether inside or outside the state of Idaho, may access the record system for the purpose of verifying current enhanced licensee status.

History:

[18-3302K, added 2015, ch. 303, sec. 5, p. 1194; am. 2015, ch. 141, sec. 18, p. 398; am. 2018, ch. 171, sec. 1, p. 379; am. 2025, ch. 25, sec. 1, p. 81; am. 2026, ch. 159, sec. 1, p. 714.]
Idaho Code § 18-3302D — Idaho Code / Title 18 / Chapter 33 / Section 18-3302D
18-3302D POSSESSING WEAPONS OR FIREARMS ON SCHOOL PROPERTY.
Status: in_force

18-3302D. Possessing weapons or firearms on school property.

(1) (a) It shall be unlawful and is a misdemeanor for any person to possess a firearm or other deadly or dangerous weapon while on the property of a school or in those portions of any building, stadium or other structure on school grounds which, at the time of the violation, were being used for an activity sponsored by or through a school in this state or while riding school provided transportation.

(b) The provisions of this section regarding the possession of a firearm or other deadly or dangerous weapon on school property shall also apply to students of schools while attending or participating in any school-sponsored activity, program or event regardless of location.

(2) Definitions. As used in this section:

(a) "Deadly or dangerous weapon" means any weapon as defined in 18 U.S.C. 930;

(b) "Firearm" means any firearm as defined in 18 U.S.C. 921;

(c) "Minor" means a person under the age of eighteen (18) years;

(d) "Possess" means to bring an object, or to cause it to be brought, onto the property of a public or private elementary or secondary school, or onto a vehicle being used for school-provided transportation, or to exercise dominion and control over an object located anywhere on such property or vehicle. For purposes of subsection (1)(b) of this section, "possess" shall also mean to bring an object onto the site of a school-sponsored activity, program or event, regardless of location, or to exercise dominion and control over an object located anywhere on such a site;

(e) "School" means a private or public elementary or secondary school.

(3) Right to search students or minors. For purposes of enforcing the provisions of this section, employees of a school district shall have the right to search all students or minors, including their belongings and lockers, that are reasonably believed to be in violation of the provisions of this section, or applicable school rule or district policy, regarding the possessing of a firearm or other deadly or dangerous weapon.

(4) The provisions of this section shall not apply to the following persons:

(a) A peace officer;

(b) A qualified retired law enforcement officer licensed under section 18-3302H, Idaho Code;

(c) A person who lawfully possesses a firearm or deadly or dangerous weapon as an appropriate part of a program, an event, activity or other circumstance approved by the board of trustees or governing board;

(d) A person or persons complying with the provisions of section 19-202A, Idaho Code;

(e) Any adult over eighteen (18) years of age and not enrolled in a public or private elementary or secondary school who has lawful possession of a firearm or other deadly or dangerous weapon, secured and locked in his vehicle in an unobtrusive, nonthreatening manner;

(f) A person who lawfully possesses a firearm or other deadly or dangerous weapon in a private vehicle while delivering minor children, students or school employees to and from school or a school activity; or

(g) Notwithstanding the provisions of section 18-3302C, Idaho Code, a person or an employee of the school or school district who is authorized to carry a firearm with the permission of the board of trustees of the school district or the governing board.

(5) Penalties. Persons who are found guilty of violating the provisions of this section may be sentenced to a jail term of not more than one (1) year or fined an amount not in excess of one thousand dollars ($1,000) or both. If a violator is a student and under the age of eighteen (18) years, the court may place the violator on probation and suspend the juvenile detention or fine or both as long as the violator is enrolled in a program of study recognized by the court that, upon successful completion, will grant the violator a general equivalency diploma (GED) or a high school diploma or other educational program authorized by the court. Upon successful completion of the terms imposed by the court, the court shall discharge the offender from serving the remainder of the sentence. If the violator does not complete, is suspended from, or otherwise withdraws from the program of study imposed by the court, the court, upon receiving such information, shall order the violator to commence serving the sentence provided for in this section.

History:

[18-3302D, added 1993, ch. 153, sec. 1, p. 389; am. 1995, ch. 248, sec. 1, p. 819; am. 2000, ch. 420, sec. 1, p. 1366; am. 2018, ch. 195, sec. 3, p. 438.]
Idaho Code § 18-7028 — Idaho Code / Title 18 / Chapter 70 / Section 18-7028
18-7028 UNLAWFUL REMOVAL OF HUMAN REMAINS — MALICE — INTENT TO SELL.
Status: in_force

18-7028. Unlawful removal of human remains — Malice — Intent to sell. Every person who removes any part of any human remains from any place where it has been interred, or from any place where it is deposited while awaiting interment, with intent to sell it or to dissect it, without authority of law, or from malice or wantonness is guilty of a felony punishable by imprisonment in the state penitentiary for not more than five (5) years, by a fine not greater than ten thousand dollars ($10,000) or by both such fine and imprisonment.

History:

[18-7028, added 1984, ch. 73, sec. 3, p. 136.]
Idaho Code § 18-9002 — Idaho Code / Title 18 / Chapter 90 / Section 18-9002
18-9002 DEFINITIONS.
Status: in_force

18-9002. definitions. As used in this chapter:

(1) "Alien" has the meaning assigned by 8 U.S.C. 1101, as that provision existed on January 1, 2023.

(2) "Custodial authority" means the director of the department of correction, county sheriffs, city chiefs of police, and any of their subordinates with the power to confine or detain a person under color of law.

(3) "Dangerous crime" means any felony crime as described in Idaho Code or in similar state or federal code, any offense for which an extended term of imprisonment may be imposed pursuant to section 19-2520B, Idaho Code, or any offense requiring sex offender registration as set forth in section 18-8304, Idaho Code.

(4) "Dangerous illegal alien" means an illegal alien who has previously been convicted or found guilty, by judgment or withheld judgment, of a dangerous crime in this state or in any other state or nation.

(5) "DHS" means the United States department of homeland security and its subordinate agencies and divisions.

(6) "Illegal alien" means a person eighteen (18) years of age or older who is verified by the federal government to be present in the United States in violation of the federal immigration and nationality act, 8 U.S.C., and federal rules promulgated in accordance therewith.

(7) "Immigration detainer" means a notice or other documentation issued by United States immigration and customs enforcement requesting that a custodial authority or law enforcement official maintain temporary custody of an illegal alien, including a DHS form I-247 document or a similar successor form.

(8) "Law enforcement official" means all state, county, and local law enforcement officers, prosecuting attorneys, and city attorneys.

(9) "Port of entry" means a port of entry in the United States pursuant to 19 CFR 101.

(10) "Violation of 8 U.S.C. 1324(a)(1) or 8 U.S.C. 1324(a)(2)" means a conviction in federal court of violating 8 U.S.C. 1324(a)(1) or 8 U.S.C. 1324(a)(2) or, in the absence of a charge or conviction, committing acts that would be a violation of 8 U.S.C. 1324(a)(1) or 8 U.S.C. 1324(a)(2).

History:

[18-9002, added 2025, ch. 183, sec. 1, p. 857; am. 2026, ch. 165, sec. 1, p. 724.]
Idaho Code § 18-7908 — Idaho Code / Title 18 / Chapter 79 / Section 18-7908
18-7908 EX PARTE TEMPORARY PROTECTION ORDER.
Status: in_force

18-7908. Ex parte temporary protection order. (1) Where a verified petition for a protection order under this chapter seeks an ex parte temporary protection order, such an ex parte temporary protection order may be granted to the petitioner if the court finds that present harm could result if an order is not immediately issued without prior notice to the respondent and that the respondent has intentionally engaged in the conduct described in section 18-7907(1), Idaho Code.

(2) The court may grant an ex parte temporary protection order based upon the verified petition submitted and set the matter for a full hearing under section 18-7907, Idaho Code. If the court does not grant an ex parte temporary protection order based upon the petition, the court may hold an ex parte hearing on the day a petition is filed or on the following judicial day to determine whether the court should grant an ex parte temporary protection order and set the matter for a full hearing under section 18-7907, Idaho Code, dismiss the verified petition, or deny the ex parte temporary protection order and set the matter for a full hearing under section 18-7907, Idaho Code. An ex parte temporary protection order may grant the same relief as specified in section 18-7907(4), Idaho Code.

(3) An ex parte hearing to consider the issuance of an ex parte temporary protection order may be conducted by telephone or other electronic means in accordance with any procedures authorized by the Idaho supreme court.

(4) An ex parte temporary protection order shall be effective for a fixed period not to exceed fourteen (14) days but may be reissued for good cause shown. A full hearing, as provided in this chapter, shall be set for not later than fourteen (14) days from the issuance of the ex parte temporary protection order. Motions seeking an order shortening the time period must be served upon the petitioner at least two (2) days prior to the hearing on the motion.

(5) Except as otherwise provided in this section, the provisions of section 18-7907, Idaho Code, are applicable to a petition for protective order seeking an ex parte temporary protection order and to any ex parte temporary restraining order issued pursuant to this section.

History:

[18-7908, added 2016, ch. 270, sec. 2, p. 726; am. 2019, ch. 162, sec. 2, p. 549.]
Idaho Code § 18-7501 — Idaho Code / Title 18 / Chapter 75 / Section 18-7501
18-7501 AIRCRAFT HIJACKING DEFINED — PENALTY.
Status: in_force

18-7501. Aircraft hijacking defined — Penalty. The offense of aircraft hijacking is defined as the seizure or exercise of control, by force or violence or threat of force or violence, of any aircraft within the airspace jurisdiction of the state of Idaho. Any person convicted of the offense of aircraft hijacking shall suffer life imprisonment.

History:

[I.C., sec. 18-7501, as added by 1973, ch. 267, sec. 1, p. 561.]
Idaho Code § 18-8704 — Idaho Code / Title 18 / Chapter 87 / Section 18-8704
18-8704 CONTRACTS FOR ABORTION PROCEDURES PROHIBITED.
Status: in_force

18-8704. Contracts for Abortion Procedures Prohibited. (1) No health care facility owned or operated by the state, a county, a city, a public health district, a public school district, or any political subdivision or agency thereof shall enter into any contract or commercial transaction with any health care provider or health care facility under the terms of which such health care provider or health care facility agrees to provide, perform, or induce an abortion, except when the life of the mother is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.

(2) Subsection (1) of this section shall not apply to:

(a) A contract or commercial transaction that is subject to a federal law related to medicaid; or

(b) A hospital, as defined in section 39-1301, Idaho Code.

History:

[18-8704, added 2021, ch. 334, sec. 1, p. 1016.]
Idaho Code § 18-3122 — Idaho Code / Title 18 / Chapter 31 / Section 18-3122
18-3122 DEFINITIONS.
Status: in_force

18-3122. Definitions. The following words and phrases used in this chapter mean:

(1) "Authorized credit card merchant" means a person or organization who is authorized by an issuer to furnish money, goods, services or anything of value upon presentation of a financial transaction card or a financial transaction card account number by a card holder, and to present valid credit card sales drafts to the issuer for payment.

(2) "Automated banking device" means any machine which, when properly activated by a financial transaction card and/or a personal identification code, may be used for any of the purposes for which a financial transaction card may be used.

(3) "Card holder" means any person or organization named on the face of a financial transaction card to whom, or for whose benefit, a financial transaction card is issued by an issuer.

(4) "Credit card sales draft" means:

(a) Any sales slip, draft, voucher or other written or electronic record of a sale of goods, services or anything else of value made or purported to be made to or at the request of a card holder with a financial transaction card, financial transaction card account number or personal identification code; or

(b) Any evidence, however manifested, of any right or purported right to collect from a card holder funds due or purported to be due with respect to any sale or purported sale.

(5) "Expired financial transaction card" means any financial transaction card which is no longer valid because the terms agreed to have been cancelled or have elapsed.

(6) "Financial transaction card" or "FTC" means any instrument or device known as a credit card, credit plate, bank services card, banking card, check guarantee card, debit card, telephone credit card or by any other name issued by the issuer for the use of the card holder in obtaining money, goods, services, or anything else of value on credit, or in certifying or guaranteeing to a person or business the availability to the card holder of the funds on deposit that are equal to or greater than the amount necessary to honor a draft or check payable to the order of such a person or business; or any instrument or device used in providing the card holder access to a demand deposit account or a time deposit account for the purpose of making deposits of money or checks therein, or withdrawing funds in the form of money, money orders, or traveler's checks or other representative of value therefrom or transferring funds from any demand account or time deposit account to any credit card account in full or partial satisfaction of any outstanding balance existing therein.

(7) "Financial transaction card account number" means the account number assigned by an issuer to a financial transaction card to identify and account for transactions involving that financial transaction card.

(8) "Issuer" means a business organization or financial institution or its duly authorized agent which issues a financial transaction card.

(9) "Personal identification code" means any numerical and/or alphabetical code assigned to the card holder of a financial transaction card by the issuer to permit the authorized electronic use of that FTC.

(10) "Personal identifying information" means the name, address, telephone number, driver's license number, social security number, place of employment, employee identification number, mother's maiden name, checking account number, savings account number, financial transaction card number, or personal identification code of an individual person, or any other numbers or information which can be used to access a person's financial resources.

(11) "Revoked financial transaction card" means an FTC which is no longer valid because permission to use it has been suspended or terminated by the issuer with actual notice having been made upon the card holder.

History:

[18-3122, added 1981, ch. 164, sec. 1, p. 288; am. 1991, ch. 331, sec. 1, p. 856; am. 1999, ch. 124, sec. 1, p. 361; am. 2007, ch. 33, sec. 1, p. 74.]
Idaho Code § 18-613 — Idaho Code / Title 18 / Chapter 6 / Section 18-613
18-613 PARTIAL-BIRTH ABORTIONS PROHIBITED.
Status: in_force

18-613. Partial-birth abortions prohibited. (1) Prohibited acts. Any physician who knowingly performs a partial-birth abortion and thereby kills a human fetus shall be subject to the penalties imposed in section 18-605, Idaho Code. This section shall not apply to partial-birth abortions necessary to save the life of the mother when her life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.

(2) Definitions. As used in this section:

(a) "Fetus" has the same meaning as provided in section 18-604(5), Idaho Code.

(b) "Partial-birth abortion" means an abortion in which the person performing the abortion:

(i) Deliberately and intentionally vaginally delivers a living fetus until, in the case of a head-first presentation, the entire fetal head is outside the body of the mother or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the mother, for the purpose of performing an overt act that the physician knows will kill the partially delivered living fetus; and

(ii) Performs the overt act, other than completion of delivery, that kills the partially delivered living fetus.

(c) "Physician" has the same meaning provided in section 18-604, Idaho Code. However, any individual who is not a physician or not otherwise legally authorized by this state to perform abortions but who nevertheless directly performs a partial-birth abortion shall be subject to the provisions described in this section.

(3) (a) Civil actions. The father of the aborted fetus, if married to the mother of the aborted fetus at the time of the partial-birth abortion, or the maternal grandparents of the aborted fetus, if the mother is not at least eighteen (18) years of age at the time of the abortion, may bring a civil action against the defendant physician to obtain appropriate relief. Provided however, that a civil action by the father is barred if the pregnancy resulted from the father's criminal conduct or if the father consented to the abortion. Further, a civil action by the maternal grandparents is barred if the pregnancy is the result of a maternal grandparent's criminal conduct or if a maternal grandparent consented to the abortion.

(b) As used in this section, "appropriate relief" shall include:

(i) Money damages for all mental and physical injuries suffered by the plaintiff as a result of the abortion performed in violation of this section;

(ii) Money damages equal to three (3) times the cost of performing the abortion procedure.

(4) (a) Hearing. A physician accused of violating this section may request a hearing before the state board of medicine on whether the physician's conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.

(b) The findings of the board of medicine regarding the issues described in paragraph (a) of this subsection are admissible at the criminal and civil trials of the defendant physician. Upon a motion by the defendant physician, the court shall delay the beginning of the criminal and civil trials for not more than thirty (30) days to permit the hearing to take place.

(5) Immunity. A woman upon whom a partial-birth abortion is performed shall not be prosecuted for violations of this section, for conspiracy to violate this section, or for violations of section 18-603, 18-605 or 18-606, Idaho Code, in regard to the partial-birth abortion performed.

History:

[18-613, added 1998, ch. 34, sec. 1, p. 154; am. 2019, ch. 60, sec. 1, p. 150; am. 2021, ch. 258, sec. 4, p. 797.]
Idaho Code § 18-6715 — Idaho Code / Title 18 / Chapter 67 / Section 18-6715
18-6715 FORGERY OF TELEGRAPHIC MESSAGES.
Status: in_force

18-6715. Forgery of telegraphic messages. Every person who knowingly and willfully sends by telegraph to any person a false or forged message purporting to be from such telegraph office, or from any other person, or who willfully delivers or causes to be delivered to any person any such message falsely purporting to have been received by telegraph, or who furnishes or conspires to furnish, or causes to be furnished to any agent, operator, or employee, to be sent by telegraph or to be delivered, any such message, knowing the same to be false or forged with the intent to deceive, injure, or defraud another, is punishable by imprisonment in the state prison for a term not to exceed five (5) years, or by a fine not to exceed five thousand dollars ($5,000), or by both such fine and imprisonment.

History:

[18-6715, added 1980, ch. 326, sec. 2, p. 843.]
Idaho Code § 18-4302 — Idaho Code / Title 18 / Chapter 43 / Section 18-4302
18-4302 WASTING WATER USED FOR IRRIGATION.
Status: in_force

18-4302. Wasting water used for irrigation. Any person or persons, who shall wilfully or wantonly waste any of the waters of any stream, the waters of which are used for irrigation, to the detriment of any claimant of such water for irrigation purposes, by diverting the same for an unnecessary use or purpose, or by allowing such water to waste by running into depressions or dry channels so that the same cannot be used for irrigation, nor reach the original channel of the stream from which it has been diverted, are guilty of a misdemeanor.

History:

[I.C., sec. 18-4302, as added by 1972, ch. 336, sec. 1, p. 933.]
Idaho Code § 18-8318 — Idaho Code / Title 18 / Chapter 83 / Section 18-8318
18-8318 OFFENDER REQUIRED TO PAY FOR PSYCHOSEXUAL EVALUATION.
Status: in_force

18-8318. Offender required to pay for psychosexual evaluation. The offender shall be required to pay for the cost of the psychosexual evaluations performed under this chapter, unless the offender demonstrates indigency. In such case, the psychosexual evaluation performed pursuant to section 18-8316, Idaho Code, shall be paid for by the county. As a condition of sentence, indigent offenders for whom the county has paid the cost of evaluation performed pursuant to section 18-8316, Idaho Code, shall be required to repay the county for the cost.

History:

[18-8318, added 1998, ch. 411, sec. 2, p. 1286; am. 1999, ch. 302, sec. 6, p. 758; am. 2011, ch. 311, sec. 17, p. 897.]
Idaho Code § 18-7608 — Idaho Code / Title 18 / Chapter 76 / Section 18-7608
18-7608 SEVERABILITY.
Status: in_force

18-7608. Severability. If any provisions of this act, or the application thereof to any person or circumstances, is held invalid as unconstitutional or ineffective for any reason, such invalidity shall not affect other provisions or applications of the act, and to this end the provisions of this are severable.

History:

[18-7608, added 1976, ch. 112, sec. 1, p. 442.]
Idaho Code § 18-5619 — Idaho Code / Title 18 / Chapter 56 / Section 18-5619
18-5619 INVENTORY.
Status: in_force

18-5619. inventory. Any peace officer of this state seizing property subject to forfeiture under the provisions of this chapter shall cause a written inventory to be made and shall maintain custody of the same until all legal actions have been exhausted. A copy of the inventory shall be sent, within five (5) days of the seizure, to the director of the Idaho state police. Upon completion of the forfeiture action, pursuant to this chapter, a final inventory shall be made that indicates the disposition of the seized property, and a copy of that inventory shall also be sent to the director of the Idaho state police.

History:

[18-5619, added 2013, ch. 249, sec. 2, p. 601.]
Idaho Code § 18-904 — Idaho Code / Title 18 / Chapter 9 / Section 18-904
18-904 BATTERY — PUNISHMENT.
Status: in_force

18-904. Battery — Punishment. Battery is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not to exceed six (6) months, or both unless the victim is pregnant and this fact is known to the batterer, in which case the punishment is by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not to exceed one (1) year, or both.

History:

[18-904, added 1979, ch. 227, sec. 2, p. 624; am. 1996, ch. 227, sec. 1, p. 741; am. 2005, ch. 359, sec. 3, p. 1134.]
Idaho Code § 18-602 — Idaho Code / Title 18 / Chapter 6 / Section 18-602
18-602 LEGISLATIVE FINDINGS AND INTENT.
Status: in_force

18-602. Legislative findings and intent. (1) The legislature finds:

(a) That children have a special place in society that the law should reflect;

(b) That minors too often lack maturity and make choices that do not include consideration of both immediate and long-term consequences;

(c) That the medical, emotional and psychological consequences of abortion and childbirth are serious and can be lasting, particularly when the patient is immature;

(d) That the capacity to become pregnant and the capacity for mature judgment concerning the wisdom of bearing a child or of having an abortion are not necessarily related;

(e) That parents, when aware that their daughter is pregnant or has had an abortion are in the best position to ensure that she receives adequate medical attention during her pregnancy or after her abortion;

(f) That except in rare cases, parents possess knowledge regarding their child which is essential for a physician to exercise the best medical judgment for that child;

(g) That when a minor is faced with the difficulties of an unplanned pregnancy, the best interests of the minor are always served when there is careful consideration of the rights of parents in rearing their child and the unique counsel and nurturing environment that parents can provide;

(h) That informed consent is always necessary for making mature health care decisions.

(2) It is the intent of the legislature in enacting section 18-609A, Idaho Code, to further the following important and compelling state interests recognized by the United States supreme court in:

(a) Protecting minors against their own immaturity;

(b) Preserving the integrity of the family unit;

(c) Defending the authority of parents to direct the rearing of children who are members of their household;

(d) Providing a pregnant minor with the advice and support of a parent during a decisional period;

(e) Providing for proper medical treatment and aftercare when the life or physical health of the pregnant minor is at serious risk in the rare instance of a sudden and unexpected medical emergency.

History:

[(18-602) 18-601, added 2000, ch. 7, sec. 1, p. 11; am. and redesig. 2001, ch. 273, sec. 2, p. 997; am. 2005, ch. 393, sec. 1, p. 1319 (2007, ch. 193, sec. 1, repealed 2005, ch. 393)]
Idaho Code § 18-1353 — Idaho Code / Title 18 / Chapter 13 / Section 18-1353
18-1353 THREATS AND OTHER IMPROPER INFLUENCE IN OFFICIAL AND POLITICAL MATTERS.
Status: in_force

18-1353. Threats and other improper influence in official and political matters. (1) Offenses defined. A person commits an offense if he:

(a) threatens unlawful harm to any person with purpose to influence his decision, opinion, recommendation, vote or other exercise of discretion as a public servant, party official or voter; or

(b) threatens harm to any public servant with purpose to influence his decision, opinion, recommendation, vote or other exercise of discretion in a judicial or administrative proceeding; or

(c) threatens harm to any public servant or party official with purpose to influence him to violate his known legal duty; or

(d) privately addresses to any public servant who has or will have an official discretion in a judicial or administrative proceeding any representation, entreaty, argument or other communication with purpose to influence the outcome on the basis of considerations other than those authorized by law.

It is no defense to prosecution under this section that a person whom the actor sought to influence was not qualified to act in the desired way, whether because he had not yet assumed office, or lacked jurisdiction, or for any other reason.

(2) Grading. An offense under this section is a misdemeanor unless the actor threatened to commit a crime or made a threat with purpose to influence a judicial or administrative proceeding, in which cases the offense is a felony.

History:

[18-1353, added 1972, ch. 381, sec. 20, p. 1102.]
Idaho Code § 18-1308 — Idaho Code / Title 18 / Chapter 13 / Section 18-1308
18-1308 OFFENSES RELATING TO BRIBERY — INCRIMINATING TESTIMONY MAY BE REQUIRED.
Status: in_force

18-1308. Offenses relating to bribery — Incriminating testimony may be required. No person shall be excused from testifying or producing documents, at the instance of the state, in any criminal cause or proceeding touching any offense relating to bribery, on the ground that the testimony required of him may incriminate him. But no person shall be prosecuted or punished on account of any transaction, manner or thing concerning which he may be so required to testify or produce evidence: provided, that no person so testifying shall be exempt from prosecution and punishment for perjury in so testifying.

History:

[18-1308, added 1972, ch. 336, sec. 1, p. 871.]
Idaho Code § 18-4106 — Idaho Code / Title 18 / Chapter 41 / Section 18-4106
18-4106 DISTRIBUTION TO MINORS — LAW GOVERNING.
Status: in_force

18-4106. Distribution to minors — Law governing. Notwithstanding any of the provisions of this act, the distribution of obscene matter to minors shall be governed by sections 18-1513 to 18-1521, Idaho Code.

History:

[I.C., sec. 18-4106, as added by 1973, ch. 305, sec. 9, p. 655.]
Idaho Code § 18-2901 — Idaho Code / Title 18 / Chapter 29 / Section 18-2901
18-2901 FALSE IMPRISONMENT DEFINED.
Status: in_force

18-2901. False imprisonment defined. False imprisonment is the unlawful violation of the personal liberty of another.

History:

[18-2901, added 1972, ch. 336, sec. 1, p. 902.]
Idaho Code § 18-8303 — Idaho Code / Title 18 / Chapter 83 / Section 18-8303
18-8303 DEFINITIONS.
Status: in_force

18-8303. Definitions. As used in this chapter:

(1) "Aggravated offense" means any of the following crimes: 18-1506A (ritualized abuse of a child); 18-1508 (lewd conduct); 18-4003(d) (murder committed in the perpetration of rape); 18-4502 (first-degree kidnapping committed for the purpose of rape, committing any lewd and lascivious act upon any child under the age of sixteen years or for purposes of sexual gratification or arousal); 18-4503 (second-degree kidnapping where the victim is an unrelated minor child and the kidnapping is committed for the purpose of rape, committing any lewd and lascivious act upon any child under the age of sixteen years or for purposes of sexual gratification or arousal); 18-6101 (rape, but excluding section 18-6101(1) where the victim is at least twelve (12) years of age or the defendant is eighteen (18) years of age and section 18-6101(2) where the victim is sixteen (16) or seventeen (17) years of age and the defendant is no more than five (5) years older than the victim); 18-6604 (forcible penetration by use of a foreign object); chapter 86, title 18, (human trafficking); and any other offense set forth in section 18-8304, Idaho Code, if at the time of the commission of the offense the victim was below the age of thirteen (13) years or an offense that is substantially similar to any of the foregoing offenses under the laws of another jurisdiction or military court or the court of another country.

(2) "Board" means the sexual offender management board described in section 18-8312, Idaho Code.

(3) "Central registry" means the registry of convicted sexual offenders maintained by the Idaho state police pursuant to this chapter.

(4) "Certified evaluator" means either a psychiatrist licensed by this state pursuant to chapter 18, title 54, Idaho Code, or a master's or doctoral level mental health professional licensed by this state pursuant to chapter 23, chapter 32, or chapter 34, title 54, Idaho Code. Such person shall have, by education, experience and training, expertise in the assessment and treatment of sexual offenders, and such person shall meet the qualifications and shall be approved by the board to perform psychosexual evaluations in this state, as described in section 18-8314, Idaho Code.

(5) "Department" means the Idaho state police.

(6) "Employed" means full-time or part-time employment exceeding ten (10) consecutive working days or for an aggregate period exceeding thirty (30) days in any calendar year, or any employment that involves counseling, coaching, teaching, supervising or working with minors in any way regardless of the period of employment, whether such employment is financially compensated, volunteered or performed for the purpose of any government or education benefit.

(7) "Foreign conviction" means a conviction under the laws of Canada, Great Britain, Australia or New Zealand, or a conviction under the laws of any foreign country deemed by the U.S. department of state, in its country reports on human rights practices, to have been obtained with sufficient safeguards for fundamental fairness and due process.

(8) "Habitually lives" means any place where a person lives, sleeps, or visits with any regularity, including where a homeless person is stationed during the day or sleeps at night, and any place where a person visits for longer than five (5) hours per visit more than five (5) times within a thirty (30) day period.

(9) "Homeless" means having no fixed residence.

(10) "Incarceration" means committed to the custody of the Idaho department of correction or department of juvenile corrections, but excluding cases where the court has retained jurisdiction.

(11) "Jurisdiction" means any of the following: a state, the District of Columbia, the commonwealth of Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, the United States Virgin Islands, the federal government or a federally recognized Indian tribe.

(12) "Minor" means an individual who has not attained the age of eighteen (18) years.

(13) "Offender" means an individual convicted of an offense listed and described in section 18-8304, Idaho Code, or a substantially similar offense under the laws of another jurisdiction or military court or the court of another country deemed by the U.S. department of state, in its country reports on human rights practices, to have sufficient safeguards for fundamental fairness and due process.

(14) "Offense" means a sexual offense listed in section 18-8304, Idaho Code.

(15) "Psychosexual evaluation" means an evaluation that specifically addresses sexual development, sexual deviancy, sexual history and risk of reoffense as part of a comprehensive evaluation of an offender.

(16) "Recidivist" means an individual convicted two (2) or more times of any offense requiring registration under this chapter.

(17) "Residence" means the location where an offender habitually lives.

(18) "Student" means a person who is enrolled on a full-time or part-time basis in any public or private educational institution, including any secondary school, trade or professional institution or institution of higher education.

(19) "Violent sexual predator" means a person who was designated as a violent sexual predator by the sexual offender management board where such designation has not been removed by judicial action or otherwise.

History:

[18-8303, added 1998, ch. 411, sec. 2, p. 1277; am. 1999, ch. 349, sec. 1, p. 932; am. 2000, ch. 236, sec. 1, p. 663; am. 2000, ch. 469, sec. 30, p. 1489; am. 2001, ch. 194, sec. 1, p. 659; am. 2002, ch. 183, sec. 1, p. 532; am. 2003, ch. 235, sec. 1, p. 603; am. 2004, ch. 125, sec. 1, p. 417; am. 2009, ch. 250, sec. 1, p. 761; am. 2010, ch. 352, sec. 6, p. 923; am. 2011, ch. 311, sec. 2, p. 882; am. 2016, ch. 296, sec. 9, p. 838; am. 2019, ch. 30, sec. 1, p. 82; am. 2019, ch. 143, sec. 5, p. 492; am. 2022, ch. 124, sec. 17, p. 449; am. 2024, ch. 147, sec. 46, p. 581; am. 2024, ch. 258, sec. 1, p. 898; am. 2026, ch. 204, sec. 1, p. 881.]
Idaho Code § 18-915A — Idaho Code / Title 18 / Chapter 9 / Section 18-915A
18-915A REMOVING A FIREARM FROM A LAW ENFORCEMENT OFFICER.
Status: in_force

18-915A. Removing a firearm from a law enforcement officer. (1) A person may not knowingly remove or attempt to remove a firearm from the possession of another person if:

(a) The other person is lawfully acting within the course and scope of employment; and

(b) The person knows or has reason to know that the other person is employed as any of the following:

(i) A law enforcement officer who, in an official capacity, is authorized to make arrests; or

(ii) An employee of the Idaho board of correction, the Idaho department of juvenile corrections, any prison, jail, detention or booking facility or private correctional facility within the state, or the commission of pardons and parole.

(2) A person who violates this section is guilty of a felony.

(3) A sentence imposed for a violation of this section may be imposed separate from and consecutive to or concurrent with a sentence for any offense based on the act or acts establishing the offense under this section.

History:

[18-915A, added 1998, ch. 395, sec. 1, p. 1239; am. 2000, ch. 272, sec. 4, p. 789.]
Idaho Code § 18-4005 — Idaho Code / Title 18 / Chapter 40 / Section 18-4005
18-4005 PETIT TREASON ABOLISHED.
Status: in_force

18-4005. Petit treason abolished. The rules of the common law, distinguishing the killing of a master by his servant, and of a husband by his wife, as petit treason, are abolished, and these offenses are homicides, punishable in the manner prescribed by this chapter.

History:

[18-4005, added 1972, ch. 336, sec. 1, p. 928.]
Idaho Code § 18-2001 — Idaho Code / Title 18 / Chapter 20 / Section 18-2001
18-2001 DEFINITION OF SOLICITATION.
Status: in_force

18-2001. Definition of solicitation. A person is guilty of criminal solicitation to commit a crime if with the purpose of promoting or facilitating its commission he solicits, importunes, commands, encourages or requests another person to engage in specific conduct which would constitute such crime or an attempt to commit such crime or which would establish complicity in its commission or attempted commission.

History:

[18-2001, added 1982, ch. 270, sec. 1, p. 701.]
Idaho Code § 18-8302 — Idaho Code / Title 18 / Chapter 83 / Section 18-8302
18-8302 FINDINGS.
Status: in_force

18-8302. Findings. The legislature finds that sexual offenders present a danger and that efforts of law enforcement agencies to protect their communities, conduct investigations and quickly apprehend offenders who commit sexual offenses are impaired by the lack of current information available about individuals who have been convicted of sexual offenses who live within their jurisdiction. The legislature further finds that providing public access to certain information about convicted sexual offenders assists parents in the protection of their children. Such access further provides a means for organizations that work with youth or other vulnerable populations to prevent sexual offenders from threatening those served by the organizations. Finally, public access assists the community in being observant of convicted sexual offenders in order to prevent them from recommitting sexual crimes. Therefore, this state's policy is to assist efforts of local law enforcement agencies to protect communities by requiring sexual offenders to register with local law enforcement agencies and to make certain information about sexual offenders available to the public as provided in this chapter.

History:

[18-8302, added 1998, ch. 411, sec. 2, p. 1276; am. 2011, ch. 311, sec. 1, p. 882.]
Idaho Code § 18-6601 — Idaho Code / Title 18 / Chapter 66 / Section 18-6601
18-6601 INCEST.
Status: in_force

18-6601. Incest. (1) Any person who willfully marries or engages in sexual intercourse with another person known to be within the degrees of consanguinity within which marriages are declared by law to be incestuous and void under section 32-205, Idaho Code, is guilty of a felony.

(2) For the purposes of this section, "sexual intercourse" means genital-genital, oral-genital, anal-genital, oral-anal, manual-anal, or manual-genital penetration between persons of the same or opposite sex.

(3) Any violations of this section are punishable by imprisonment in the state prison for a term not to exceed fifteen (15) years; however, if a victim is under the age of eighteen (18) years at the time of violation of this section, such violation is punishable by imprisonment in the state prison for a term not to exceed life.

History:

[(18-6601) 18-6602, added 1972, ch. 336, sec. 1, p. 966; am. 2003, ch. 202, sec. 1, p. 543; am. 2006, ch. 178, sec. 9, p. 550; am. and redesig. 2022, ch. 124, sec. 5, p. 437.]
Idaho Code § 18-6110 — Idaho Code / Title 18 / Chapter 61 / Section 18-6110
18-6110 SEXUAL CONTACT WITH A PRISONER.
Status: in_force

18-6110. Sexual contact with a prisoner. (1) It is a felony for any employee of the Idaho department of correction, Idaho department of juvenile corrections or any officer, employee or agent of a state, local or private correctional facility, as those terms are defined in section 18-101A, Idaho Code, to have sexual contact with a prisoner or juvenile offender, not their spouse, whether an in-state or out-of-state prisoner or juvenile offender, as those terms are defined in section 18-101A, Idaho Code.

(2) It is a felony for any supervising officer, as that term is defined in section 18-101A, Idaho Code, to knowingly have sexual contact with any parolee or probationer, as those terms are defined in section 18-101A, Idaho Code, who is not the person's spouse.

(3) For the purposes of this section "sexual contact" means sexual intercourse, genital-genital contact, manual-anal contact, manual-genital contact, oral-genital contact, anal-genital contact, oral-anal contact, contact between the mouth and any body part, or any willful physical contact, over or under the clothing, when the physical contact is done with the intent of arousing, appealing to, or gratifying the lust, passion, or sexual desires of the actor or any other person, between persons of the same or opposite sex.

(4) Any person found guilty of sexual contact with a prisoner or juvenile offender is punishable by imprisonment in the state prison for a term not to exceed life.

History:

[18-6110, added 1993, ch. 222, sec. 1, p. 759; am. 2000, ch. 272, sec. 9, p. 792; am. 2003, ch. 37, sec. 1, p. 157; am. 2005, ch. 177, sec. 2, p. 548; am. 2008, ch. 60, sec. 2, p. 152; am. 2009, ch. 116, sec. 1, p. 373; am. 2026, ch. 176, sec. 1, p. 815.]
Idaho Code § 18-6808 — Idaho Code / Title 18 / Chapter 68 / Section 18-6808
18-6808 EMERGENCY CALLS ENUMERATED.
Status: in_force

18-6808. Emergency calls enumerated. Emergency telephone calls for the purpose of this act are calls for police, medical and fire aid.

History:

[I.C., sec. 18-6808, as added by 1972, ch. 336, sec. 1, p. 972.]
Idaho Code § 18-1351 — Idaho Code / Title 18 / Chapter 13 / Section 18-1351
18-1351 BRIBERY AND CORRUPT PRACTICES — DEFINITIONS.
Status: in_force

18-1351. Bribery and corrupt practices — Definitions. Unless a different meaning plainly is required in this chapter:

(1) "Benefit" means gain or advantage, or anything regarded by the beneficiary as gain or advantage, including benefit to any other person or entity in whose welfare he is interested, but not an advantage promised generally to a group or class of voters as a consequence of public measures which a candidate engages to support or oppose. "Benefit" does not include an award with economic significance of five hundred dollars ($500) or less given to a nonelected public servant by a nonprofit organization whose membership is limited to public servants as part of a public servant recognition program that is designed to recognize innovation and achievement in the workplace, provided that the organization discloses in advance on its website the nature of the program, the amount of the award, the names of any persons or entities that contributed to the award and the recipient of the award.

(2) "Confidential information" means knowledge gained through a public office, official duty or employment by a governmental entity which is not subject to disclosure to the general public and which, if utilized in financial transactions would provide the user with an advantage over those not having such information or result in harm to the governmental entity from which it was obtained.

(3) "Government" includes any branch, subdivision or agency of the government of the state or any locality within it and other political subdivisions including, but not limited to, highway districts, planning and zoning commissions and cemetery districts, and all other governmental districts, commissions or governmental bodies not specifically mentioned in this chapter.

(4) "Harm" means loss, disadvantage or injury, including loss, disadvantage or injury to any other person or entity in whose welfare he is interested.

(5) "Official proceeding" means a proceeding heard or which may be heard before any legislative, judicial, administrative or other governmental agency or official authorized to take evidence under oath, including any referee, hearing examiner, commissioner, notary or other person taking testimony or deposition in connection with any such proceeding.

(6) "Party official" means a person who holds an elective or appointive post in a political party in the United States by virtue of which he directs or conducts, or participates in directing or conducting party affairs at any level of responsibility.

(7) "Pecuniary benefit" is any benefit to a public official or member of his household in the form of money, property or commercial interests, the primary significance of which is economic gain.

(8) "Public servant" means any officer or employee of government, including legislators and judges, and any person participating as juror, advisor, consultant or otherwise, in performing a governmental function; but the term does not include witnesses.

(9) "Administrative proceeding" means any proceeding, other than a judicial proceeding, the outcome of which is required to be based on a record or documentation prescribed by law, or in which law or regulation is particularized in application to individuals.

History:

[18-1351, added 1972, ch. 381, sec. 20, p. 1102; am. 1990, ch. 328, sec. 1, p. 899; am. 2010, ch. 169, sec. 1, p. 345.]
Idaho Code § 18-309 — Idaho Code / Title 18 / Chapter 3 / Section 18-309
18-309 COMPUTATION OF TERM OF IMPRISONMENT.
Status: in_force

18-309. Computation of term of imprisonment. (1) In computing the term of imprisonment, the person against whom the judgment was entered shall receive credit in the judgment for any period of incarceration prior to entry of judgment, if such incarceration was for the offense or an included offense for which the judgment was entered. The remainder of the term commences upon the pronouncement of sentence and if thereafter, during such term, the defendant by any legal means is temporarily released from such imprisonment and subsequently returned thereto, the time during which he was at large must not be computed as part of such term.

(2) In computing the term of imprisonment when judgment has been withheld and is later entered or sentence has been suspended and is later imposed, the person against whom the judgment is entered or imposed shall receive credit in the judgment for any period of incarceration served as a condition of probation under the original withheld or suspended judgment.

History:

[18-309, added 1972, ch. 336, sec. 1, p. 858; am. 1972, ch. 381, sec. 7, p. 1102; am. 1975, ch. 201, sec. 1, p. 559; am. 1996, ch. 168, sec. 1, p. 553; am. 2015, ch. 99, sec. 1, p. 240.]
Idaho Code § 18-5801 — Idaho Code / Title 18 / Chapter 58 / Section 18-5801
18-5801 USE OF A LIFE JACKET OR FLOTATION DEVICE IN A SWIMMING POOL.
Status: in_force

18-5801. Use of a life jacket or flotation device in a swimming pool. No person shall prohibit the use of a life jacket or other flotation device in a swimming pool by an individual who, as evidenced by a statement signed by a licensed physician, suffers from a physical disability or condition which necessitates the use of the life jacket or other flotation device. Any person violating the provisions of this section shall be guilty of a misdemeanor.

History:

[18-5801, added 1987, ch. 37, sec. 1, p. 60.]
Idaho Code § 18-4507 — Idaho Code / Title 18 / Chapter 45 / Section 18-4507
18-4507 SHORT TITLE.
Status: in_force

18-4507. Short title. Sections 18-4507, 18-4508, 18-4509, 18-4510 and 18-4511, Idaho Code, may be cited as the "Missing Child Reporting Act."

History:

[18-4507, added 1988, ch. 281, sec. 1, p. 912.]
Idaho Code § 18-4309 — Idaho Code / Title 18 / Chapter 43 / Section 18-4309
18-4309 UNAUTHORIZED TAMPERING WITH MEASURING DEVICES.
Status: in_force

18-4309. Unauthorized tampering with measuring devices. Every person who shall willfully waste water for irrigation, or who shall willfully open, close, change or disturb, or interfere with, any headgate or water box or valve or measuring or regulating device, without authority, shall be guilty of a misdemeanor. The water masters or their assistants, within their district, shall have power to arrest any person or persons offending and turn them over to the sheriff or the nearest peace officer of the county in which such offense is committed, and immediately upon delivering such person so arrested into the custody of either of such officers, it shall be the duty of the water master making such arrest to make complaint, in writing and under oath, before the magistrate judge of such county, against the person so arrested.

History:

[I.C., sec. 18-4309, as added by 1972, ch. 336, sec. 1, p. 935; am. 2012, ch. 20, sec. 3, p. 67.]
Idaho Code § 18-211 — Idaho Code / Title 18 / Chapter 2 / Section 18-211
18-211 EXAMINATION OF DEFENDANT — APPOINTMENT OF PSYCHIATRISTS AND LICENSED PSYCHOLOGISTS — HOSPITALIZATION — REPORT.
Status: in_force

18-211. Examination of defendant — Appointment of psychiatrists and licensed psychologists — Hospitalization — Report. [effective until January 1, 2027] (1) Whenever there is reason to doubt the defendant's fitness to proceed as set forth in section 18-210, Idaho Code, the court shall appoint at least one (1) qualified psychiatrist or licensed psychologist or shall request the director of the department of health and welfare to designate at least one (1) qualified psychiatrist or licensed psychologist to examine and report upon the mental condition of the defendant to assist counsel with defense or understand the proceedings. The appointed examiner shall also evaluate whether the defendant lacks capacity to make informed decisions about treatment. The costs of examination shall be paid by the defendant if he is financially able. The determination of ability to pay shall be made in accordance with chapter 8, title 19, Idaho Code.

(2) Within three (3) days, excluding Saturdays, Sundays and legal holidays, of the appointment or designation, the examiner shall determine the best location for the examination. If practical, the examination shall be conducted locally on an outpatient basis.

(3) If the examiner determines that confinement is necessary for purposes of the examination, the court may order the defendant to be confined to a jail, a hospital, or other suitable facility for that purpose for a period not exceeding thirty (30) days. The order of confinement shall require the county sheriff to transport the defendant to and from the facility and shall notify the facility of any known medical, behavioral, or security requirements of the defendant. The court, upon request, may make available to the examiner any court records relating to the defendant.

(4) In such examination, any method may be employed that is accepted by the examiner's profession for the examination of those alleged not to be competent to assist counsel in their defense.

(5) Upon completion of the examination, a report shall be submitted to the court and shall include the following:

(a) A description of the nature of the examination;

(b) A diagnosis or evaluation of the mental condition of the defendant;

(c) An opinion as to the defendant's capacity to understand the proceedings against him and to assist in his own defense;

(d) An opinion whether the defendant lacks the capacity to make informed decisions about treatment. "Lack of capacity to make informed decisions about treatment" means the defendant's inability, by reason of his mental condition, to achieve a rudimentary understanding of the purpose, nature, and possible significant risks and benefits of treatment, after conscientious efforts at explanation.

(6) If the examination cannot be conducted by reason of the unwillingness of the defendant to participate therein, the report shall so state and shall include, if possible, an opinion as to whether such unwillingness of the defendant was the result of mental disease or defect.

(7) The report of the examination shall be filed with the clerk of the court, who shall cause copies to be delivered to the prosecuting attorney and to counsel for the defendant.

(8) When the defendant wishes to be examined by an expert of his own choice, such examiner shall be permitted to have reasonable access to the defendant for the purpose of examination.

(9) In the event a defendant is suspected of being developmentally disabled, the examination shall proceed with those experts set out in subsection (7) of section 66-402, Idaho Code.

(10) In addition to the psychiatrist, licensed psychologist, or evaluation committee, the court may appoint additional experts to examine the defendant.

(11) If, at any time during the examination process, the examiner has reason to believe that the defendant's alleged incompetency may be the result of a developmental disability and the matter has not already been referred to an evaluation committee for review, the examiner shall immediately notify the court. The court shall then appoint an evaluation committee or shall order the department of health and welfare to designate, within two (2) business days, an evaluation committee consistent with section 66-402(7), Idaho Code.

(12) If the defendant lacks capacity to make informed decisions about treatment, as defined in section 66-317, Idaho Code, the court may authorize consent to be given pursuant to section 66-322, Idaho Code. If the defendant lacks capacity to make informed decisions as defined in subsection (9) of section 66-402, Idaho Code, the court may authorize consent to be given pursuant to sections 66-404 and 66-405, Idaho Code.

(13) If the defendant was confined solely for the purpose of examination, he shall be released from the facility within three (3) days, excluding Saturdays, Sundays and legal holidays, following notification of completion of the examination.

18-211. Examination of defendant — Appointment of psychiatrists and licensed psychologists — Hospitalization — Report. [effective January 1, 2027] (1) Whenever there is reason to doubt the defendant's fitness to proceed as set forth in section 18-210, Idaho Code, the court shall appoint at least one (1) qualified psychiatrist or licensed psychologist or shall request the director of the department of health and welfare to designate at least one (1) qualified psychiatrist or licensed psychologist to examine and report upon the mental condition of the defendant to assist counsel with defense or understand the proceedings. The appointed examiner shall also evaluate whether the defendant lacks capacity to make informed decisions about treatment. The costs of examination shall be paid by the defendant if he is financially able. The determination of ability to pay shall be made in accordance with chapter 8, title 19, Idaho Code.

(2) Within three (3) days, excluding Saturdays, Sundays and legal holidays, of the appointment or designation, the examiner shall determine the best location for the examination. If practical, the examination shall be conducted locally on an outpatient basis.

(3) If the examiner determines that confinement is necessary for purposes of the examination, the court may order the defendant to be confined to a jail, a hospital, or other suitable facility for that purpose for a period not exceeding thirty (30) days. The order of confinement shall require the county sheriff to transport the defendant to and from the facility and shall notify the facility of any known medical, behavioral, or security requirements of the defendant. The court, upon request, may make available to the examiner any court records relating to the defendant.

(4) In such examination, any method may be employed that is accepted by the examiner's profession for the examination of those alleged not to be competent to assist counsel in their defense.

(5) Upon completion of the examination, a report shall be submitted to the court and shall include the following:

(a) A description of the nature of the examination;

(b) A diagnosis or evaluation of the mental condition of the defendant;

(c) An opinion as to the defendant's capacity to understand the proceedings against him and to assist in his own defense;

(d) An opinion whether the defendant lacks the capacity to make informed decisions about treatment. "Lack of capacity to make informed decisions about treatment" means the defendant's inability, by reason of his mental condition, to achieve a rudimentary understanding of the purpose, nature, and possible significant risks and benefits of treatment, after conscientious efforts at explanation.

(6) If the examination cannot be conducted by reason of the unwillingness of the defendant to participate therein, the report shall so state and shall include, if possible, an opinion as to whether such unwillingness of the defendant was the result of mental disease or defect.

(7) The report of the examination shall be filed with the clerk of the court, who shall cause copies to be delivered to the prosecuting attorney and to counsel for the defendant.

(8) When the defendant wishes to be examined by an expert of his own choice, such examiner shall be permitted to have reasonable access to the defendant for the purpose of examination.

(9) In the event a defendant is suspected of being developmentally disabled, the examination shall proceed with those experts set out in section 66-402(6), Idaho Code.

(10) In addition to the psychiatrist, licensed psychologist, or evaluation committee, the court may appoint additional experts to examine the defendant.

(11) If, at any time during the examination process, the examiner has reason to believe that the defendant's alleged incompetency may be the result of a developmental disability and the matter has not already been referred to an evaluation committee for review, the examiner shall immediately notify the court. The court shall then appoint an evaluation committee or shall order the department of health and welfare to designate, within two (2) business days, an evaluation committee consistent with section 66-402(6), Idaho Code.

(12) If the defendant lacks capacity to make informed decisions about treatment, as defined in section 66-317, Idaho Code, the court may authorize consent to be given pursuant to section 66-322, Idaho Code. If the defendant lacks capacity to make informed decisions as defined in section 66-402(8), Idaho Code, the court may authorize consent to be given pursuant to chapter 5, title 15, Idaho Code.

(13) If the defendant was confined solely for the purpose of examination, he shall be released from the facility within three (3) days, excluding Saturdays, Sundays and legal holidays, following notification of completion of the examination.

History:

[18-211, added 1972, ch. 336, sec. 1, p. 851; am. 1974, ch. 165, sec. 1, p. 1405; am. 1980, ch. 312, sec. 1, p. 797; am. 1982, ch. 368, sec. 3, p. 920; am. 1987, ch. 40, sec. 1, p. 67; am. 1996, ch. 225, sec. 2, p. 738; am. 1998, ch. 90, sec. 7, p. 323; am. 1999, ch. 293, sec. 4, p. 737; am. 2000, ch. 234, sec. 1, p. 656; am. 2019, ch. 299, sec. 1, p. 888; am. 2022, ch. 26, sec. 1, p. 72; am. 2026, ch. 79, sec. 12, p. 396.]
Idaho Code § 18-3302H — Idaho Code / Title 18 / Chapter 33 / Section 18-3302H
18-3302H CARRYING OF CONCEALED FIREARMS BY QUALIFIED RETIRED LAW ENFORCEMENT OFFICERS.
Status: in_force

18-3302H. Carrying of concealed firearms by qualified retired law enforcement officers. (1) A county sheriff shall issue a license to carry a concealed firearm to a qualified retired law enforcement officer provided that the provisions of this section are met.

(2) As used in this section:

(a) "Firearm" means a handgun and does not include:

(i) Any machine gun, as defined in 26 U.S.C. section 5845(b);

(ii) Any firearm silencer, as defined in 18 U.S.C. section 921; or

(iii) Any destructive device, as defined in 18 U.S.C. section 921.

(b) "Qualified retired law enforcement officer" means an individual who:

(i) Retired in good standing from service with a public agency as a law enforcement officer, provided that such retirement was for reasons other than mental instability;

(ii) Before such retirement, was authorized by law to engage in or supervise the prevention, detection, investigation or prosecution of, or the incarceration of any person for, any violation of law, and had statutory powers of arrest;

(iii) Before such retirement, was regularly employed as a law enforcement officer for an aggregate of ten (10) years or more, or retired from service with such agency after completing any applicable probationary period of such service, due to a service-connected disability, as determined by such agency;

(iv) Has a nonforfeitable right to benefits under the retirement plan of the agency;

(v) During the most recent twelve (12) month period has met, at his own expense, the standards for training and qualification of this state, as required at the discretion of the sheriff under paragraph (d) of this subsection or the agency from which he retired for active law enforcement officers, to carry a concealed firearm;

(vi) Is not chronically under the influence of alcohol, or under the influence of another intoxicating or hallucinatory drug or substance in violation of any provision of federal or state law;

(vii) Is not prohibited by federal law from receiving a firearm;

(viii) Has a current and valid photographic identification issued by the agency from which the individual retired from service as a law enforcement officer;

(ix) Provides by his affidavit, in triplicate, sworn and signed by him under penalty of perjury, that he meets all of the conditions set forth in this subsection (2);

(x) Pays the fees charged by the sheriff pursuant to this section; and

(xi) Completes the original application or renewal application as provided by this section.

(c) "Retired in good standing" means that at the time of his retirement, he was not under investigation, or subject to discipline, for any violation of this state's law enforcement code of conduct.

(d) "Standards for training and qualification in this state" means that when issuing a license pursuant to this section, the sheriff may require the applicant to demonstrate familiarity with a firearm by any of the following methods, provided the sheriff may require an applicant to complete more than one (1) firearms safety or training course:

(i) Completion of any hunter education or hunter safety course approved by the department of fish and game or a similar agency of another state;

(ii) Completion of any national rifle association firearms safety or training course, or any national rifle association hunter education course;

(iii) Completion of any firearms safety or training course or class available to the general public offered by a law enforcement agency, community college, college, university, or private or public institution or organization or firearms training school, utilizing instructors certified by the national rifle association or the Idaho state police;

(iv) Completion of any law enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any division or subdivision of a law enforcement agency or security enforcement agency;

(v) Presentation of evidence of equivalent experience with a firearm through participation in organized shooting competitions or military service;

(vi) Completion of any firearms training or training or safety course or class conducted by a state certified or national rifle association certified firearms instructor; or

(vii) Any other firearms safety training that the sheriff may deem appropriate.

(3) The original and renewal license applications under this section shall be in triplicate, in a form to be prescribed by the director of the Idaho state police, and shall ask the name, address, description and signature of the licensee, date of birth, social security number, military status, identification of the law enforcement agency from which the applicant retired, and the driver's license number or state identification card number of the licensee if used for identification in applying for the license. The application shall indicate that provision of the social security number is optional. In implementing the provisions of this section, the sheriff shall make applications readily available at the office of the sheriff or at other public offices in his jurisdiction.

(4) The fee for original issuance of a license under this section shall be twenty dollars ($20.00), paid to the sheriff. The sheriff may also collect any additional fees necessary to cover the cost of processing and the cost of materials for the license, which shall also be paid to the sheriff.

(5) An original or renewed license issued pursuant to this section shall be in a form substantially similar to that of the Idaho driver's license and shall be valid for a period of one (1) year. The license shall bear the signature, name, address, date of birth, picture of the licensee, expiration date, and the driver's license number or state identification card number of the licensee if used for identification in applying for the license, and shall state that the licensee is a qualified retired law enforcement officer. Upon issuing a license under the provisions of this section, the sheriff shall notify the Idaho state police on a form or in a manner prescribed by the director of the Idaho state police.

(6) A qualified retired law enforcement licensee under this section may renew his license if he applies for renewal at any time before or within ninety (90) days after the expiration date of the license. The sheriff shall require the licensee applying for renewal to complete a renewal application pursuant to subsection (3) of this section and an affidavit pursuant to subsection (2) of this section. A renewed license shall take effect upon the expiration date of the prior license.

(7) The fee for renewal of the license, which must be paid on a yearly basis, shall be twelve dollars ($12.00), paid to the sheriff. The sheriff may also collect any additional fees necessary to cover the processing costs and the cost of materials for the license, which shall also be paid to the sheriff. A licensee renewing after the expiration date of the license shall pay a late renewal penalty of ten dollars ($10.00) in addition to the renewal fee. The renewal penalty fee, if any, shall be paid to the sheriff.

(8) A current and valid photographic identification issued by the agency from which the individual retired from service as a law enforcement officer, together with a license issued by the sheriff pursuant to this section, shall serve as a license to carry a firearm for a qualified retired law enforcement officer under 18 U.S.C. section 926C.

(9) The sheriff of the county where the license was issued or the sheriff of the county where the person resides shall have the power to revoke a license issued under this section pursuant to the provisions of section 18-3302(22), Idaho Code.

(10) A county sheriff, deputy sheriff, or county employee who issues a license to carry a concealed weapon pursuant to this section shall not incur any civil or criminal liability as the result of the performance of his duties under this section.

(11) A city, county or other political subdivision of this state shall not modify the requirements of this section, nor shall a political subdivision ask the applicant to voluntarily submit any information not required by this section.

(12) A civil action may be brought to enjoin a wrongful refusal to issue a license or a wrongful modification of the requirements of this section. The civil action shall be brought in the county in which the application was made.

(13) In lieu of or in addition to qualification to carry a concealed firearm under this section, a retired law enforcement officer may apply for a license to carry concealed weapons under section 18-3302, Idaho Code.

(14) Information relating to an applicant or licensee received or maintained pursuant to this section by the sheriff or Idaho state police is confidential and exempt from disclosure under section 74-102, Idaho Code.

History:

[18-3302H, added 2005, ch. 128, sec. 1, p. 412; am. 2009, ch. 202, sec. 1, p. 650; am. 2015, ch. 141, sec. 17, p. 396; am. 2019, ch. 80, sec. 1, p. 185.]
Idaho Code § 18-5403 — Idaho Code / Title 18 / Chapter 54 / Section 18-5403
18-5403 OATH OF OFFICE — PORTION RELATING TO FUTURE DUTIES NOT INCLUDED.
Status: in_force

18-5403. Oath of office — Portion relating to future duties not included. So much of an oath of office as relates to the future performance of official duties is not such an oath as is intended by the two (2) preceding sections.

History:

[18-5403, added 1972, ch. 336, sec. 1, p. 948.]
Idaho Code § 18-3303 — Idaho Code / Title 18 / Chapter 33 / Section 18-3303
18-3303 EXHIBITION OR USE OF DEADLY WEAPON.
Status: in_force

18-3303. Exhibition or use of deadly weapon. Every person who, not in necessary self-defense, in the presence of two (2) or more persons, draws or exhibits any deadly weapon in a rude, angry and threatening manner, or who, in any manner, unlawfully uses the same, in any fight or quarrel, is guilty of a misdemeanor.

History:

[18-3303, added 1972, ch. 336, sec. 1, p. 911.]
Idaho Code § 18-8622 — Idaho Code / Title 18 / Chapter 86 / Section 18-8622
18-8622 FORFEITURE OF SUBSTITUTE PROPERTY.
Status: in_force

18-8622. FORFEITURE OF SUBSTITUTE PROPERTY. If any of the property described in section 18-8611, Idaho Code, as a result of any act or omission of the defendant: (1) cannot be located upon the exercise of due diligence; (2) has been transferred or sold to, or deposited with, a third party; (3) has been placed beyond the jurisdiction of the court; (4) has been substantially diminished in value; or (5) has been commingled with other property that cannot be divided without difficulty, then the court shall order the forfeiture of any other property of the defendant up to the value of any property described in section 18-8611, Idaho Code.

History:

[18-8622, added 2024, ch. 147, sec. 43, p. 576.]
Idaho Code § 18-2701 — Idaho Code / Title 18 / Chapter 27 / Section 18-2701
18-2701 BRIBERY OF EXECUTIVE OFFICERS.
Status: in_force

18-2701. Bribery of executive officers. Every person who gives or offers any bribe to any executive officer of this state, with intent to influence him in respect to any act, decision, vote, opinion or other proceeding as such officer, is guilty of a felony.

History:

[18-2701, added 1972, ch. 336, sec. 1, p. 899.]
Idaho Code § 18-7033 — Idaho Code / Title 18 / Chapter 70 / Section 18-7033
18-7033 USE OF UNAUTHORIZED VEHICLES ON AIRPORTS.
Status: in_force

18-7033. Use of unauthorized vehicles on airports. It shall be a misdemeanor offense for any unauthorized vehicle to drive upon, cross or traverse any public or public use airport without the consent of the owner or his designated representative. The owner, operator or lessee or any of them guilty of operating a vehicle upon airport landing surfaces shall be liable for damage caused to the airport surfaces and for any injuries or damages to persons or property resulting from such damage. The operator, owner or lessee of an unauthorized vehicle involved in a collision with an aircraft while operating upon a public or public use airport shall be held liable for damages to persons or property, both the owner and lessee shall be thus liable, and may be sued jointly, or either or both of them may be sued separately.

History:

[I.C., sec. 18-7033, as added by 1974, ch. 81, sec. 1, p. 1171.]
Idaho Code § 18-8605 — Idaho Code / Title 18 / Chapter 86 / Section 18-8605
18-8605 AUTHORITY OF THE ATTORNEY GENERAL.
Status: in_force

18-8605. authority of the attorney general. (1) The attorney general shall employ such attorneys, investigators, and other personnel as necessary to carry out the following responsibilities using funds allocated to the office of the attorney general for such purpose:

(a) To issue, by January 1 of each even-numbered year, a report outlining the status of the state's efforts to combat human trafficking and recommending next steps one (1) or more bodies of state government should take to eradicate human trafficking in Idaho;

(b) To compile and maintain curriculum for the training of prosecutors, law enforcement, victim advocates, and the public on identifying, investigating, and prosecuting human trafficking; and

(c) To assist, upon request, county prosecuting attorneys and other law enforcement agencies in the investigation and prosecution of human trafficking.

(2) Any state or local law enforcement agency may submit the findings of a human trafficking investigation to the attorney general, who shall have authority, in his sole discretion, to investigate and prosecute human trafficking under this act.

History:

[18-8605, added 2024, ch. 147, sec. 26, p. 566; am. 2026, ch. 15, sec. 1, p. 97.]
Idaho Code § 18-4105 — Idaho Code / Title 18 / Chapter 41 / Section 18-4105
18-4105 PUBLIC DISPLAY OF OFFENSIVE SEXUAL MATERIAL — PENALTY.
Status: in_force

18-4105. Public display of offensive sexual material — Penalty. Any person who knowingly exhibits or displays or permits to be exhibited or displayed any of the following in such a manner that such exhibit or display is easily visible from any street, sidewalk, thoroughfare, or other public area; or is visible from any transportation facility; or is visible from any residence when the person knows that the owner or occupant of such residence objects to such exhibit or display:

(a) Human genitals or pubic area without a full opaque covering, or any graphic or pictorial depiction thereof, or any depiction of covered male genitals in a discernibly erect state;

(b) An actual or simulated sex act, or sexual contact between humans and animals, or masturbation, or any graphic or pictorial display thereof; or

(c) Any depiction of sado-masochistic abuse, as defined in section 18-1514, Idaho Code, is guilty of a misdemeanor.

History:

[18-4105, added 1973, ch. 305, sec. 8, p. 655; am. 2026, ch. 343, sec. 4, p. 1338.]
Idaho Code § 18-8807 — Idaho Code / Title 18 / Chapter 88 / Section 18-8807
18-8807 CIVIL CAUSES OF ACTION.
Status: in_force

18-8807. civil causes of action. (1) Any female upon whom an abortion has been attempted or performed, the father of the preborn child, a grandparent of the preborn child, a sibling of the preborn child, or an aunt or uncle of the preborn child may maintain an action for:

(a) All damages from the medical professionals who knowingly or recklessly attempted, performed, or induced the abortion in violation of this chapter;

(b) Notwithstanding any other provision of law, statutory damages in an amount not less than twenty thousand dollars ($20,000) from the medical professionals who knowingly or recklessly attempted, performed, or induced an abortion in violation of this chapter; and

(c) Costs and attorney's fees.

(2) Notwithstanding any other provision of law, a person may bring an action under this section not later than four (4) years following the date the cause of action accrues.

(3) No later than sixty (60) days after a defendant is served with a complaint or other pleading that asserts a cause of action under this section, or at a later time on a showing of good cause, the defendant may file a special motion for expedited dismissal regarding the cause of action.

(4)(a) Except as otherwise provided in paragraphs (d) through (g) of this subsection, upon the filing of a motion pursuant to subsection (3) of this section, all other proceedings between the plaintiff and the defendant, including discovery and a pending hearing or motion, shall be stayed.

(b) A stay issued pursuant to paragraph (a) of this subsection shall remain in effect until entry of an order ruling on the motion pursuant to subsection (3) of this section or expiration of the time for the moving party to appeal the order pursuant to subsection (9) of this section, per applicable court rule.

(c) Except as otherwise provided in paragraphs (e), (f), and (g) of this subsection, if a party appeals an order ruling on a motion pursuant to subsection (3) of this section, all proceedings between all parties in the action shall be stayed. The stay shall remain in effect until the conclusion of the appeal.

(d) During a stay issued pursuant to paragraph (a) of this subsection, the court may allow limited discovery if a party shows that specific information is necessary to establish whether a party has satisfied or failed to satisfy a burden pursuant to subsection (7) of this section and the information is not reasonably available unless discovery is allowed.

(e) A motion pursuant to subsection (10) of this section for costs, attorney's fees, and expenses shall not be subject to a stay pursuant to this subsection.

(f) A stay issued pursuant to the provisions of this subsection shall not affect a party's ability to voluntarily dismiss a cause of action or part of a cause of action.

(g) During a stay issued pursuant to the provisions of this subsection, the court for good cause may hear and rule on a motion unrelated to the motion pursuant to subsection (3) of this section.

(5)(a) The court shall hear a motion pursuant to subsection (3) of this section no later than sixty (60) days after filing of the motion, unless the court orders a later hearing:

(i) To allow discovery pursuant to subsection (4)(d) of this section; or

(ii) For other good cause.

(b) If the court orders a later hearing pursuant to paragraph (a) of this subsection, the court shall hear the motion pursuant to subsection (4) of this section no later than sixty (60) days after the court order allowing the discovery, unless the court orders a later hearing pursuant to paragraph (a)(ii) of this subsection.

(6) In ruling on a motion pursuant to subsection (3) of this section, the court shall consider the pleadings, the motion, any reply or response to the motion, and any evidence that could be considered in ruling on a motion for summary judgment pursuant to applicable court rule.

(7)(a) In ruling on a motion pursuant to subsection (3) of this section, the court shall dismiss with prejudice a cause of action or part of a cause of action if:

(i) The responding party fails to establish a prima facie case as to each essential element of the cause of action; or

(ii) The moving party establishes that the responding party failed to state a cause of action upon which relief can be granted.

(b) A voluntary dismissal with or without prejudice of a responding party's cause of action or part of a cause of action that is the subject of a motion pursuant to subsection (3) of this section shall not affect a moving party's right to obtain a ruling on the motion and to seek costs, attorney's fees, and expenses pursuant to subsection (10) of this section.

(8) The court shall rule on a motion pursuant to subsection (3) of this section no later than sixty (60) days after a hearing held pursuant to subsection (5) of this section.

(9) A moving party may appeal as a matter of right from an order denying, in whole or in part, a motion pursuant to subsection (3) of this section. The appeal shall be filed within forty-two (42) days after entry of the order pursuant to applicable court rule.

(10) Upon a motion pursuant to subsection (3) of this section, the court shall award court costs, reasonable attorney's fees, and reasonable litigation expenses incurred in pursuing or responding to the motion to the prevailing party.

(11) Except as provided in subsection (10) of this section and notwithstanding any other provision of law, including chapter 1, title 12, Idaho Code, a court may not award costs or attorney's fees to a defendant in an action brought under this section unless the defendant has complied with the applicable requirements of sections 18-8803 and 18-8804, Idaho Code.

(12) The civil causes of action provided for in this section exist independently of any criminal action commenced pursuant to this chapter. A civil cause of action may be pursued under the provisions of this chapter even if a criminal prosecution is not pursued.

(13) Notwithstanding any other provision of law, including chapters 14, 17, and 18, title 54, Idaho Code, the requirements of this section shall be enforced exclusively through the private civil causes of action described. No enforcement of this section may be taken or threatened against any person by this state, a political subdivision of this state, a prosecuting attorney, or an executive or administrative officer or employee of this state or a political subdivision of this state.

(14) Notwithstanding any other provision of law, this state, a state official, or a prosecuting attorney may not intervene in an action brought under this section. Nothing in this subsection shall prohibit a person described in this subsection from filing an amicus curiae brief in the action.

(15) Nothing in this section shall be deemed to affect any familial rights or responsibilities or any proceedings conducted under Idaho law.

(16) In an action brought under this section, a court may not award compensatory or punitive damages if a person demonstrates that the person paid, or has been ordered to pay, compensatory or punitive damages, respectively, in a previous civil action for that particular violation of this chapter.

(17) Notwithstanding any other law to the contrary, a civil action may not be brought under this section by a person who, through an act of rape, sexual assault, incest, or other criminal conduct, impregnated the pregnant woman seeking an abortion in violation of this chapter.

(18) Notwithstanding any other law to the contrary, the following shall not be defenses to an action brought under this section:

(a) That the pregnant woman or, if the pregnant woman is a minor, a parent or guardian consented to an unlawful abortion;

(b) Ignorance or mistake of law;

(c) A person's belief that any provision of this section is or was unconstitutional;

(d) A person's reliance on a state or federal court decision that is not binding on the court in which the action has been brought;

(e) Non-mutual issue preclusion or non-mutual claim preclusion;

(f) Contributory or comparative negligence;

(g) Assumption of risk; or

(h) A claim that an action brought under this section will violate a constitutional right of a third party.

(19) Except as provided in subsection (10) of this section and notwithstanding any other law to the contrary, a court may:

(a) Not award attorney's fees or costs to a person subject to an action brought under this section, unless the action is frivolous, without foundation, or brought in bad faith or for the sole reason for delay;

(b) Not award attorney's fees or costs to a person who prevails in challenging the constitutionality of this section under state law, unless the defense of this section is frivolous, without foundation, or brought in bad faith or for the sole reason for delay; and

(c) Award attorney's fees or costs to a person who prevails in defending the constitutionality of this section under state law, even though the challenge to the constitutionality of this section was not frivolous, without foundation, or brought in bad faith or for the sole reason for delay.

(20) The provisions of this section shall not be construed to impose liability on speech or conduct protected by the first amendment of the United States constitution or by section 9, article I of the constitution of the state of Idaho.

History:

[(18-8807) 18-8707, added 2021, ch. 289, sec. 1, p. 869; am. and redesig. 2022, ch. 111, sec. 10, p. 374; am. and redesig. 2022, ch. 152, sec. 6, p. 534; am. 2022, ch. 153, sec. 1, p. 535; am. 2023, ch. 218, sec. 4, p. 608; am. 2023, ch. 310, sec. 2, p. 948; am. 2025, ch. 307, sec. 1, p. 1302.]
Idaho Code § 18-5613 — Idaho Code / Title 18 / Chapter 56 / Section 18-5613
18-5613 PROVIDING COMMERCIAL SEXUAL ACTIVITY.
Status: in_force

18-5613. providing commercial sexual activity. (1) A person is guilty of providing commercial sexual activity when such person:

(a) Engages in, offers to engage in, or agrees to engage in sexual contact in return for a fee; or

(b) Loiters in or within view of any public place for the purpose of being hired to engage in sexual contact.

(2) Providing commercial sexual activity shall be a misdemeanor, provided, however, that on a third or subsequent conviction for commercial sexual activity, it shall be a felony. For purposes of this subsection, a prior conviction for prostitution counts as a conviction for providing commercial sexual activity.

(3) It shall be an affirmative defense to providing commercial sexual activity that the defendant was at the time of the alleged crime the victim of conduct prohibited by section 18-8607, Idaho Code.

(4) Notwithstanding the provisions of subsections (1) and (2) of this section, the provisions of this section do not apply to a child who is alleged to have engaged in conduct that would, if committed by an adult, violate the provisions of this section. A commercially sexually exploited child under this subsection may be taken into shelter care by a peace officer pursuant to section 16-1608, Idaho Code, if the conditions allowing emergency removal are met.

History:

[18-5613, added 2024, ch. 147, sec. 16, p. 563.]
Idaho Code § 18-918 — Idaho Code / Title 18 / Chapter 9 / Section 18-918
18-918 DOMESTIC VIOLENCE.
Status: in_force

18-918. Domestic violence. (1) For the purpose of this section:

(a) "Household member" means a person who is a spouse, former spouse, or a person who has a child in common, regardless of whether they have been married, or a person with whom a person is cohabiting, whether or not they have married or have held themselves out to be husband or wife.

(b) "Traumatic injury" means a condition of the body, such as a wound or external or internal injury, whether of a minor or serious nature, caused by physical force.

(2)(a) Any household member who in committing a battery, as defined in section 18-903, Idaho Code, inflicts a traumatic injury on any other household member is guilty of a felony.

(b) A conviction of felony domestic battery is punishable by imprisonment in the state prison for a term not to exceed ten (10) years or by a fine not to exceed ten thousand dollars ($10,000) or by both fine and imprisonment.

(3)(a) A household member who commits an assault, as defined in section 18-901, Idaho Code, against another household member that does not result in traumatic injury is guilty of a misdemeanor domestic assault.

(b) A household member who commits a battery, as defined in section 18-903, Idaho Code, against another household member that does not result in traumatic injury is guilty of a misdemeanor domestic battery.

(c) A first conviction under this subsection is punishable by a fine not to exceed one thousand dollars ($1,000) or by imprisonment in a county jail not to exceed one (1) year, or both. Any person who pleads guilty to or is found guilty of a violation of this subsection who previously has pled guilty to or been found guilty of a violation of this subsection, or of any substantially conforming foreign criminal violation, notwithstanding the form of the judgment or withheld judgment, within ten (10) years of the first conviction shall be guilty of a misdemeanor punishable by imprisonment in the county jail for a term not to exceed one (1) year or by a fine not to exceed two thousand dollars ($2,000) or by both fine and imprisonment. Any person who pleads guilty to or is found guilty of a violation of this subsection who previously has pled guilty to or been found guilty of two (2) violations of this subsection, or of any substantially conforming foreign criminal violation or any combination thereof, notwithstanding the form of the judgment or withheld judgment, within fifteen (15) years of the first conviction shall be guilty of a felony punishable by imprisonment in the state prison for a term not to exceed five (5) years or by a fine not to exceed five thousand dollars ($5,000) or by both fine and imprisonment.

(4) The maximum penalties provided in this section shall be doubled where the act of domestic assault or battery for which the person is convicted or pleads guilty took place in the presence of a child. For purposes of this section, "in the presence of a child" means in the physical presence of a child or knowing that a child is present and may see or hear an act of domestic assault or battery. For purposes of this section, "child" means a person under sixteen (16) years of age.

(5) Notwithstanding any other provisions of this section, any person who previously has pled guilty to or been found guilty of a felony violation of the provisions of this section, attempted strangulation as provided in section 18-923, Idaho Code, or any substantially conforming foreign criminal felony violation, notwithstanding the form of the judgment or withheld judgment, and who, within fifteen (15) years, pleads guilty to or is found guilty of any further violation of this section shall be guilty of a felony punishable by imprisonment in the state prison for a term not to exceed twenty (20) years or by a fine not to exceed ten thousand dollars ($10,000), or by both such fine and imprisonment.

(6) For the purposes of this section, a substantially conforming foreign criminal violation exists when a person has pled guilty to or been found guilty of a violation of any federal law or law of another state, or any valid county, city or town ordinance of another state, substantially conforming with the provisions of this section. The determination of whether a foreign criminal violation is substantially conforming is a question of law to be determined by the court.

(7)(a) Any person who pleads guilty to or is found guilty of a violation of this section or attempted strangulation as provided in section 18-923, Idaho Code, shall undergo, at the person's own expense, an evaluation by a person, agency or organization approved by the court in accordance with paragraph (c) of this subsection to determine whether the defendant should be required to obtain counseling or other appropriate treatment. Such evaluation shall be completed prior to the sentencing date if the court's list of approved evaluators, in accordance with paragraph (c) of this subsection, contains evaluators who are able to perform the evaluation prior to the sentencing dates. If the evaluation recommends counseling or other treatment, the evaluation shall recommend the type of counseling or treatment considered appropriate for the defendant, together with the estimated costs thereof, and shall recommend any other suitable alternative counseling or treatment programs, together with the estimated costs thereof. The defendant shall request that a copy of the completed evaluation be forwarded to the court. The court shall take the evaluation into consideration in determining an appropriate sentence. If a copy of the completed evaluation has not been provided to the court, the court may proceed to sentence the defendant; however, in such event, it shall be presumed that counseling is required unless the defendant makes a showing by a preponderance of evidence that counseling is not required. If the defendant has not made a good faith effort to provide the completed copy of the evaluation to the court, the court may consider the failure of the defendant to provide the report as an aggravating circumstance in determining an appropriate sentence. If counseling or other treatment is ordered, in no event shall the person, agency or organization doing the evaluation be the person, agency or organization that provides the counseling or other treatment unless this requirement is waived by the sentencing court, with the exception of federally recognized Indian tribes or federal military installations, where diagnosis and treatment are appropriate and available. Nothing herein contained shall preclude the use of funds authorized for court-ordered counseling or treatment pursuant to this section for indigent defendants as provided by law. In the event that funding is provided for or on behalf of the defendant by a governmental entity, the defendant shall be ordered to make restitution to such governmental entity in accordance with the restitution procedure for crime victims, as specified under chapter 53, title 19, Idaho Code.

(b) If the evaluation recommends counseling or other treatment, the court shall order the person to complete the counseling or other treatment in addition to any other sentence that may be imposed. If the court determines that counseling or treatment would be inappropriate or undesirable, the court shall enter findings articulating the reasons for such determination on the record. The court shall order the defendant to complete the preferred counseling or treatment program set forth in the evaluation, or a comparable alternative, unless it appears that the defendant cannot reasonably obtain adequate financial resources for such counseling or treatment. In that event, the court may order the defendant to complete a less-costly alternative set forth in the evaluation or a comparable program. Nothing contained in this subsection shall be construed as requiring a court to order that counseling or treatment be provided at government expense unless otherwise required by law.

(c) The supreme court shall by rule establish a uniform system for the qualification and approval of persons, agencies or organizations to perform the evaluations required in this subsection. Only qualified evaluators approved by the court shall be authorized to perform such evaluations. Funds to establish a system for approval of evaluators shall be derived from moneys designated therefor and deposited in the district court fund as provided in section 31-3201A(16), Idaho Code.

(d) Counseling or treatment ordered pursuant to this section shall be conducted according to standards established or approved by the Idaho council on domestic violence and victim assistance.

History:

[18-918, added 1993, ch. 344, sec. 1, p. 1283; am. 1995, ch. 223, sec. 1, p. 770; am. 1996, ch. 228, sec. 1, p. 742; am. 1998, ch. 309, sec. 1, p. 1026; am. 1998, ch. 420, sec. 1, p. 1324; am. 2000, ch. 358, sec. 1, p. 1193; am. 2003, ch. 237, sec. 1, p. 607; am. 2004, ch. 118, sec. 1, p. 393; am. 2005, ch. 158, sec. 1, p. 488; am. 2009, ch. 80, sec. 3, p. 226; am. 2018, ch. 123, sec. 1, p. 260; am. 2024, ch. 163, sec. 1, p. 620; am. 2024, ch. 261, sec. 1, p. 908.]
Idaho Code § 18-3809 — Idaho Code / Title 18 / Chapter 38 / Section 18-3809
18-3809 BOOKMAKING AND POOL SELLING.
Status: in_force

18-3809. Bookmaking and pool selling. Any person who for gain, hire or profit engages in pool selling or bookmaking at any time or place within this state; or any person who keeps or occupies any room, shed, tenement, tent, booth or building, float or vessel, or any part thereof, or who occupies any place or stand of any kind, upon any public or private grounds within this state, with books, papers, paraphernalia, or mechanical device, for the purpose of engaging in pool selling or bookmaking, or recording or registering bets or wagers; or who sells pools or makes books upon the result of any trial or contest of skill, speed or power of endurance of man or beast for gain, hire or reward; or any person who, for gain, hire or reward, receives, registers, records and forwards to any other place, within or without this state, any money, consideration or thing of value for the purpose of having it there bet or wagered by or for any person, who at such place sells pools or makes books upon any such event, or any person who, being the owner, lessee or occupant of any such room, shed, tenement, tent, booth or building, float or vessel, or part thereof, or any grounds within this state, knowingly and willfully permits the same to be occupied and used for any of the purposes aforesaid, unless unable to legally prevent the same; or any person who aids, assists or abets in any manner in any of said acts which are hereby forbidden, is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for a period of not more than six (6) months or by both such fine and imprisonment.

History:

[18-3809, added 1972, ch. 336, sec. 1, p. 923; am. 2006, ch. 71, sec. 12, p. 220.]
Idaho Code § 18-4401 — Idaho Code / Title 18 / Chapter 44 / Section 18-4401
18-4401 GRAND JUROR ACTING AFTER CHALLENGE AGAINST HIM.
Status: in_force

18-4401. Grand juror acting after challenge against him. Every grand juror who, with knowledge that a challenge interposed against him by a defendant has been allowed, is present at, or takes part, or attempts to take part, in the consideration of the charge against the defendant who interposed the challenge, or the deliberations of the grand jury thereon, is guilty of a misdemeanor.

History:

[18-4401, added 1972, ch. 336, sec. 1, p. 935.]
Idaho Code § 18-2705 — Idaho Code / Title 18 / Chapter 27 / Section 18-2705
18-2705 OFFICERS NOT TO PURCHASE SCRIP.
Status: in_force

18-2705. Officers not to purchase scrip. Every officer or person prohibited by the laws of this state from becoming a purchaser at sales, or from purchasing scrip, or other evidences of indebtedness, who violates any of the provisions of such laws, is punishable by a fine of not more than $1,000 or by imprisonment in the state prison not more than five years.

History:

[18-2705, added 1972, ch. 336, sec. 1, p. 899.]