Idaho Code § 18-3206 — Idaho Code / Title 18 / Chapter 32 / Section 18-3206
18-3206 MUTILATING WRITTEN INSTRUMENTS.
Status: in_force

18-3206. Mutilating written instruments. A person who maliciously mutilates, tears, defaces, obliterates or destroys any written instrument, the property of another, the false making of which would be forgery, is punishable by imprisonment in the state prison for not less than one (1) nor more than five (5) years.

History:

[18-3206, added 1972, ch. 336, sec. 1, p. 911.]
Idaho Code § 18-4303 — Idaho Code / Title 18 / Chapter 43 / Section 18-4303
18-4303 OBSTRUCTION OF OVERFLOW, GAUGE OR WATERWAY IN DAM.
Status: in_force

18-4303. Obstruction of overflow, gauge or waterway in dam. Any person or persons who shall obstruct any overflow, gauge or waterway, placed in any dam by order of any water master, so as to impede the flow of water over such dam as regulated by the water master, shall be guilty of a misdemeanor.

History:

[18-4303, added 1972, ch. 336, sec. 1, p. 933.]
Idaho Code § 18-8004 — Idaho Code / Title 18 / Chapter 80 / Section 18-8004
18-8004 PERSONS UNDER THE INFLUENCE OF ALCOHOL, DRUGS OR ANY OTHER INTOXICATING SUBSTANCES.
Status: in_force

18-8004. Persons under the influence of alcohol, drugs or any other intoxicating substances.

(1) (a) It is unlawful for any person who is under the influence of alcohol, drugs or any other intoxicating substances, or any combination of alcohol, drugs and/or any other intoxicating substances, or who has an alcohol concentration of 0.08, as defined in subsection (4) of this section, or more, as shown by analysis of his blood, urine, or breath, to drive or be in actual physical control of a motor vehicle within this state, whether upon a highway, street or bridge, or upon public or private property open to the public.

(b) It is unlawful for any person who is under the influence of alcohol, drugs or any other intoxicating substances, or any combination of alcohol, drugs and/or any other intoxicating substances, or who has an alcohol concentration of 0.04 or higher but less than 0.08, as defined in subsection (4) of this section, as shown by analysis of his blood, urine, or breath, to drive or be in actual physical control of a commercial motor vehicle within this state, whether upon a highway, street or bridge, or upon public or private property open to the public.

(c) It is unlawful for any person who is under the influence of alcohol, drugs or any other intoxicating substances, or any combination of alcohol, drugs and/or any other intoxicating substances, or who has an alcohol concentration of 0.08 or higher, as defined in subsection (4) of this section, as shown by analysis of his blood, urine, or breath, to drive or be in actual physical control of a commercial motor vehicle within this state, whether upon a highway, street or bridge, or upon public or private property open to the public.

(d) It is unlawful for any person under the age of twenty-one (21) years who has an alcohol concentration of at least 0.02 but less than 0.08, as defined in subsection (4) of this section, to drive or be in actual physical control of a motor vehicle within this state, whether upon a highway, street or bridge, or upon public or private property open to the public. Any person violating this subsection shall be subject to the penalties provided in section 18-8004A, Idaho Code.

(2) Any person having an alcohol concentration of less than 0.08, as defined in subsection (4) of this section, as shown by analysis of his blood, urine, or breath, by a test requested by a police officer shall not be prosecuted for driving under the influence of alcohol, except as provided in subsection (3), subsection (1)(b) or subsection (1)(d) of this section. Any person who does not take a test to determine alcohol concentration or whose test result is determined by the court to be unreliable or inadmissible against him, may be prosecuted for driving or being in actual physical control of a motor vehicle while under the influence of alcohol, drugs, or any other intoxicating substances, on other competent evidence.

(3) If the results of the test requested by a police officer show a person's alcohol concentration of less than 0.08, as defined in subsection (4) of this section, such fact may be considered with other competent evidence of drug use other than alcohol in determining the guilt or innocence of the defendant.

(4) For purposes of this chapter, an evidentiary test for alcohol concentration shall be based upon a formula of grams of alcohol per one hundred (100) cubic centimeters of blood, per two hundred ten (210) liters of breath or sixty-seven (67) milliliters of urine. Analysis of blood, urine or breath for the purpose of determining the alcohol concentration shall be performed by a laboratory operated by the Idaho state police or by a laboratory approved by the Idaho state police under the provisions of approval and certification standards to be set by that department, or by any other method approved by the Idaho state police. Notwithstanding any other provision of law or rule of court, the results of any test for alcohol concentration and records relating to calibration, approval, certification or quality control performed by a laboratory operated or approved by the Idaho state police or by any other method approved by the Idaho state police shall be admissible in any proceeding in this state without the necessity of producing a witness to establish the reliability of the testing procedure for examination.

(5) "Actual physical control" as used in this section, shall be defined as being in the driver's position of the motor vehicle with the motor running or with the motor vehicle moving.

(6) Notwithstanding any other provision of law, any evidence of conviction under this section shall be admissible in any civil action for damages resulting from the occurrence. A conviction for the purposes of this section means that the person has pled guilty or has been found guilty, notwithstanding the form of the judgment(s) or withheld judgment(s).

(7) The fact that any person charged with a violation of the provisions of this chapter involving being under the influence of any drug, or any combination of drugs with alcohol or any other intoxicating substance, is or has been entitled to use such drug under the laws of this state or of any other jurisdiction shall not constitute a defense against any charge of a violation of the provisions of this chapter.

History:

[18-8004, added 1984, ch. 22, sec. 2, p. 29; am. 1985, ch. 142, sec. 1, p. 386; am. 1987, ch. 122, sec. 2, p. 249; am. 1988, ch. 47, sec. 4, p. 64; am. 1989, ch. 88, sec. 61, p. 201; am. 1990, ch. 45, sec. 44, p. 113; am. 1994, ch. 422, sec. 1, p. 1322; am. 1997, ch. 158, sec. 1, p. 458; am. 1997, ch. 307, sec. 1, p. 911; am. 1998, ch. 70, sec. 1, p. 264; am. 2000, ch. 469, sec. 28, p. 1487; am. 2002, ch. 253, sec. 1, p. 729.]
Idaho Code § 18-204 — Idaho Code / Title 18 / Chapter 2 / Section 18-204
18-204 PRINCIPALS DEFINED.
Status: in_force

18-204. Principals defined. All persons concerned in the commission of a crime, whether it be felony or misdemeanor, and whether they directly commit the act constituting the offense or aid and abet in its commission, or, not being present, have advised and encouraged its commission, or who, by fraud, contrivance, or force, occasion the intoxication of another for the purpose of causing him to commit any crime, or who, by threats, menaces, command or coercion, compel another to commit any crime, are principals in any crime so committed.

History:

[18-204, added 1972, ch. 336, sec. 1, p. 849; am. 1994, ch. 131, sec. 2, p. 297.]
Idaho Code § 18-4101 — Idaho Code / Title 18 / Chapter 41 / Section 18-4101
18-4101 DEFINITIONS.
Status: in_force

18-4101. Definitions. The following definitions are applicable to this act:

(A) "Obscene material" means any matter:

(1) Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest; and

(2) Which depicts or describes patently offensive representations or descriptions of:

(a) Ultimate sexual acts, normal or perverted, actual or simulated; or

(b) Masturbation, excretory functions, or lewd exhibition of the genitals or genital area.

Nothing herein contained is intended to include or proscribe any matter which, when considered as a whole, possesses serious literary, artistic, political or scientific value.

In prosecutions under this act, where circumstances of production, presentation, sale, dissemination, or publicity indicate that the matter is being commercially exploited by the defendant for the sake of its prurient appeal, such evidence is probative with respect to the nature of the matter and can justify the conclusion that, in the context in which it is used, the matter has no serious literary, artistic, political, or scientific value.

(B) "Prurient interest" means a shameful or morbid interest in nudity, sex, or excretion, which goes substantially beyond customary limits of candor in description or representation of such matters. If it appears from the character of the material or the circumstances of its dissemination that the subject matter is designed for a specially susceptible audience or clearly defined deviant sexual group, the appeal of the subject matter shall be judged with reference to such audience or group.

(C) "Matter" or "material" means any book, magazine, newspaper, or other printed or written material; or any picture, drawing, photograph, motion picture, or other pictorial representation; or any statue or other figure; or any recording, transcription, or mechanical, chemical, or electrical reproduction; or any other articles, equipment, machines, or materials.

(D) "Person" means any individual, partnership, firm, association, corporation, or other legal entity; or any agent or servant thereof.

(E) "Distribute" means to transfer possession of, whether with or without consideration, by any means.

(F) "Knowingly" means having actual or constructive knowledge of the character of the subject matter or live conduct. A person shall be deemed to have constructive knowledge of the character of the subject matter or live conduct if he has knowledge of facts which would put a reasonable and prudent man on notice as to the suspect nature of the matter, and the failure to inspect the contents is either for the purpose of avoiding such disclosure or is due to reckless conduct.

(G) "Reckless conduct" is conduct which consciously disregards a substantial and unjustifiable risk that matter may be obscene. The risk must be of such a nature and degree that, considering the nature and purpose of the actor's conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that an average law-abiding person would observe in the actor's situation under like circumstances.

(H) "Exhibit" means to show or display.

(I) "Obscene live conduct" means any physical human body activity, whether performed or engaged in alone or with other persons, including but not limited to singing, speaking, dancing, acting, simulating, or pantomiming, where:

(1) The average person, applying contemporary community standards, would find such conduct, when considered as a whole, appeals to the prurient interest; and

(2) The conduct is patently offensive because it consists of:

(a) Ultimate sexual acts, normal or perverted, actual or simulated; or

(b) Masturbation, excretory functions, or lewd exhibition of the genitals or genital area.

Nothing herein contained is intended to include or proscribe any conduct which, when considered as a whole, and in the context in which it is used, possesses serious literary, artistic, political or scientific value. In prosecutions under this act, where circumstances of production, presentation, advertising, or exhibition indicate that live conduct is being commercially exploited by the defendant for the sake of its prurient appeal, such evidence is probative with respect to the nature of the conduct and can justify the conclusion that, in the context in which it is used, the matter has no serious literary, artistic, political or scientific value. Nothing herein contained is intended to include or proscribe the breastfeeding of a child or the expression of breast milk for the purpose of feeding a child.

History:

[18-4101, added 1973, ch. 305, sec. 2, p. 655; am. 1976, ch. 81, sec. 1, p. 259; am. 2018, ch. 181, sec. 1, p. 395; am. 2026, ch. 262, sec. 1, p. 1111.]
Idaho Code § 18-801 — Idaho Code / Title 18 / Chapter 8 / Section 18-801
18-801 ARSON — DEFINITIONS.
Status: in_force

18-801. Arson — Definitions. In this chapter, the following terms have the following meanings:

(1) "Damage", in addition to its ordinary meaning, includes any charring, scorching, burning or breaking, and shall include any diminution in the value of any property as a consequence of an act;

(2) "Dwelling" means any structure used or intended for use as human habitation;

(3) "Structure" means any building of any kind, including fixtures and appurtenances attached thereto, any coliseum, bridge or carport, any tent or other portable building, or any vehicle, vessel, watercraft or aircraft;

(4) "Real property" means any land, and shall include any crops growing thereon;

(5) "Personal property" means any tangible property, including anything severed from the land;

(6) "Forest land" means any brush covered land, cut-over land, forest, prairie, grasslands, wetlands or woods;

(7) "Firefighter" means any person assisting in the suppression or extinguishment of any fire or explosion.

History:

[18-801, added 1993, ch. 107, sec. 2, p. 274.]
Idaho Code § 18-7302 — Idaho Code / Title 18 / Chapter 73 / Section 18-7302
18-7302 DEFINITIONS.
Status: in_force

18-7302. Definitions. Terms used in this chapter shall have the following definitions:

(a) "Every person" shall be construed to include any owner, lessee, proprietor, manager, agent or employee whether one or more natural persons, partnerships, associations, organizations, corporations, cooperatives, legal representatives, trustees, receivers, of this state and its political subdivisions, boards and commissions, engaged in or exercising control over the operation of any place of public resort, accommodation, assemblage or amusement.

(b) "Deny" is hereby defined to include any act which directly or indirectly, or by subterfuge, by a person or his agent or employee, results or is intended or calculated to result in whole or in part in any discrimination, distinction, restriction, or unequal treatment or the requiring of any person to pay a larger sum than the uniform rates charged other persons, or the refusing or withholding from any person the admission, patronage, custom, presence, frequenting, dwelling, staying, or lodging in any place of public resort, accommodation, assemblage, or amusement except for conditions and limitations established by law and applicable alike to all persons, regardless of race, creed or color.

(c) "Full enjoyment of" shall be construed to include the right to purchase any service, commodity or article of personal property offered or sold on, or by, any establishment to the public, and the admission of any person to accommodations, advantages, facilities or privileges of any place of public resort, accommodation, assemblage or amusement, without acts directly or indirectly causing persons of any particular race, creed or color, to be treated as not welcome, accepted, desired or solicited.

(d) "National origin" includes "ancestry."

(e) "Any place of public resort, accommodation, assemblage or amusement" is hereby defined to include, but not to be limited to any public place, licensed or unlicensed, kept for gain, hire or reward, or where charges are made for admission, service, occupancy or use of any property or facilities, whether conducted for the entertainment, housing or lodging of transient guests, or for the benefit, use or accommodation of those seeking health, recreation or rest, or for the sale of goods and merchandise, or for the rendering of personal services, or for public conveyance or transportation on land, water or in the air, including the stations and terminals thereof and the garaging of vehicles, or where food or beverages of any kind are sold for consumption on the premises, or where public amusement, entertainment, sports or recreation of any kind is offered with or without charge, or where medical service or care is made available, or where the public gathers, congregates, or assembles for amusement, recreation or public purposes, or public halls, public elevators and public washrooms of buildings and structures occupied by two or more tenants, or by the owner and one or more tenants, or any public library or any educational institution wholly or partially supported by public funds, or schools of special instruction, or nursery schools, or day care centers or children's camps; nothing herein contained shall be construed to include, or apply to, any institute, bona fide club, or place of accommodation, which is by its nature distinctly private provided that where public use is permitted that use shall be covered by this section; nor shall anything herein contained apply to any educational facility operated or maintained by a bona fide religious or sectarian institution; and the right of a natural parent in loco parentis to direct the education and upbringing of a child under his control is hereby affirmed.

History:

[I.C., sec. 18-7302, as added by 1972, ch. 336, sec. 1, p. 981.]
Idaho Code § 18-6104 — Idaho Code / Title 18 / Chapter 61 / Section 18-6104
18-6104 PUNISHMENT FOR RAPE.
Status: in_force

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

History:

[18-6104, added 1972, ch. 336, sec. 1, p. 962.]
Idaho Code § 18-608 — Idaho Code / Title 18 / Chapter 6 / Section 18-608
18-608 CERTAIN ABORTIONS PERMITTED — CONDITIONS AND GUIDELINES.
Status: in_force

18-608. Certain abortions permitted — Conditions and guidelines. (1) Abortions shall only be lawful if and when performed in a hospital or in a physician's regular office or a clinic, which office or clinic is properly staffed and equipped for the performance of such procedures and respecting which the responsible physician or physicians have made satisfactory arrangements with one (1) or more acute care hospitals within reasonable proximity thereof providing for the prompt availability of hospital care as may be required due to complications or emergencies that might arise.

(2) An abortion performed upon a woman who is in the second trimester of pregnancy shall only be lawful if the same is performed in a hospital.

(3) An abortion performed upon a woman who is in the third trimester of pregnancy shall only be lawful if the same is performed in a hospital and, in the judgment of the attending physician, corroborated by a like opinion of a consulting physician concurring therewith, either is necessary for the preservation of the life of such woman or, if not performed, such pregnancy would terminate in birth or delivery of a fetus unable to survive. Third-trimester abortions undertaken for preservation of the life of a pregnant patient, as permitted by this subsection, shall, consistent with accepted medical practice and with the well-being and safety of such patient, be performed in a manner consistent with preservation of any reasonable potential for survival of a viable fetus.

(4) Nothing in this section shall make legal any abortion that is otherwise illegal under any other law of this state, including section 18-622, Idaho Code.

History:

[18-608, added 1973, ch. 197, sec. 7, p. 442; am. 2021, ch. 258, sec. 2, p. 793; am. 2022, ch. 177, sec. 1, p. 574.]
Idaho Code § 18-2305 — Idaho Code / Title 18 / Chapter 23 / Section 18-2305
18-2305 INTIMIDATION, CORRUPTION AND FRAUDS.
Status: in_force

18-2305. Intimidation, corruption and frauds. Every person who, by force, threats, menaces, bribery, or any corrupt means, either directly or indirectly attempts to influence any elector in giving his vote, or to deter him from giving the same, or attempts by any means whatever, to awe, restrain, hinder or disturb any elector in the free exercise of the right of suffrage, or furnishes any elector wishing to vote, who can not read, with a ticket, informing or giving such elector to understand that it contains a name written or printed thereon different from the name which is written or printed thereon, or defrauds any elector at any such election, by deceiving and causing such elector to vote for a different person, for any office, than he intended or desired to vote for; or who, being officer, judge, or clerk of any election, while acting as such, induces, or attempts to induce, any elector, either by menace or reward, or promise thereof, to vote differently from what such elector intended or desired to vote, is guilty of a misdemeanor.

History:

[18-2305, added 1972, ch. 336, sec. 1, p. 889.]
Idaho Code § 18-5614 — Idaho Code / Title 18 / Chapter 56 / Section 18-5614
18-5614 SOLICITING COMMERCIAL SEXUAL ACTIVITY.
Status: in_force

18-5614. soliciting commercial sexual activity. (1) A person is guilty of soliciting commercial sexual activity when he or she:

(a) Pays, offers, or agrees to pay another person a fee for the purpose of engaging in sexual contact; or

(b) Offers a third person to engage in, or agrees to provide a third person to engage in, sexual contact in return for a fee.

(2) Soliciting commercial sexual activity shall be a misdemeanor, provided that a second or subsequent conviction therefor shall be a felony. Any person convicted of a misdemeanor violation of this section shall be sentenced to a minimum period of confinement of five (5) days in jail and may be sentenced to up to one (1) year in jail or fined up to two thousand dollars ($2,000), or both. The minimum period of confinement shall be served in a county jail, and a court shall not have the power to suspend, withhold, retain jurisdiction over, or commute the minimum period of confinement imposed pursuant to this section.

History:

[18-5614, added 1977, ch. 175, sec. 3, p. 451; am. 1994, ch. 130, sec. 13, p. 295; am. 2024, ch. 147, sec. 17, p. 563.]
Idaho Code § 18-901 — Idaho Code / Title 18 / Chapter 9 / Section 18-901
18-901 ASSAULT DEFINED.
Status: in_force

18-901. Assault defined. An assault is:

(a) An unlawful attempt, coupled with apparent ability, to commit a violent injury on the person of another; or

(b) An intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.

History:

[18-901, added 1979, ch. 227, sec. 2, p. 624.]
Idaho Code § 18-7803 — Idaho Code / Title 18 / Chapter 78 / Section 18-7803
18-7803 DEFINITIONS.
Status: in_force

18-7803. Definitions. As used in this chapter:

(a) "Racketeering" means any act which is chargeable or indictable under the following sections of the Idaho Code or which are equivalent acts chargeable or indictable as equivalent crimes under the laws of any other jurisdiction:

(1) Homicide (section 18-4001, Idaho Code);

(2) Robbery, burglary, theft, forgery, counterfeiting, and related crimes (sections 18-1401, 18-1405, 18-2403, 18-2407, 18-3123, 18-3124, 18-3125, 18-3601, 18-3602, 18-3603, 18-3605, 18-3606, 18-3607, 18-3609, 18-3610, 18-3614, 18-3615, 18-4630, 18-6501 and 49-518, Idaho Code);

(3) Kidnapping (section 18-4501, Idaho Code);

(4) Commercial sexual activity (sections 18-5601, 18-5602, 18-5603, 18-5604, 18-5605, 18-5606, 18-5607, 18-5608 and 18-5609, Idaho Code);

(5) Arson (sections 18-801, 18-802, 18-803, 18-804 and 18-805, Idaho Code);

(6) Assault (sections 18-908 and 18-4015, Idaho Code);

(7) Lotteries and gambling (sections 18-3801, 18-3802, 18-3809, 18-4902, 18-4903, 18-4904, 18-4905, 18-4906 and 18-4908, Idaho Code);

(8) Indecency and obscenity (sections 18-1515, 18-1518, 18-4103, 18-4103A, 18-4104, 18-4105, 18-4105A and 18-4107, Idaho Code);

(9) Poisoning (sections 18-4014 and 18-5501, Idaho Code);

(10) Fraudulent practices, false pretenses, insurance fraud, financial transaction card crimes and fraud generally (sections 18-2403, 18-2706, 18-3002, 18-3101, 18-3124, 18-3125, 18-3126, 18-6713, 41-293, 41-294 and 41-1306, Idaho Code);

(11) Alcoholic beverages (sections 23-602, 23-606, 23-610, 23-703, 23-905, 23-914, 23-928, 23-934 and 23-938, Idaho Code);

(12) Cigarette taxes (sections 63-2505 and 63-2512(b), Idaho Code);

(13) Securities (sections 30-14-401, 30-14-402, 30-14-403, 30-14-404, 30-14-501, 30-14-502, 30-14-505 and 30-14-506, Idaho Code);

(14) Horseracing (section 54-2512, Idaho Code);

(15) Interest and usurious practices (sections 28-45-401 and 28-45-402, Idaho Code);

(16) Corporations (sections 18-1901, 18-1902, 18-1903, 18-1904, 18-1905, 18-1906 and 30-1510, Idaho Code);

(17) Perjury (sections 18-5401 and 18-5410, Idaho Code);

(18) Bribery and corrupt influence (sections 18-1352 and 18-1353, Idaho Code);

(19) Controlled substances (sections 37-2732(a), (b), (c), (e) and (f), 37-2732B, 37-2734 and 37-2734B, Idaho Code);

(20) Motor vehicles (sections 49-228, 49-231, 49-232 and 49-518, Idaho Code);

(21) Terrorism (section 18-8103, Idaho Code).

(b) "Person" means any individual or entity capable of holding a legal or beneficial interest in property;

(c) "Enterprise" means any sole proprietorship, partnership, corporation, business, labor union, association or other legal entity or any group of individuals associated in fact although not a legal entity, and includes illicit as well as licit entities; and

(d) "Pattern of racketeering activity" means engaging in at least two (2) incidents of racketeering conduct that have the same or similar intents, results, accomplices, victims or methods of commission, or otherwise are interrelated by distinguishing characteristics and are not isolated incidents, provided at least one (1) of such incidents occurred after the effective date of this act and that the last of such incidents occurred within five (5) years after a prior incident of racketeering conduct.

History:

[18-7803, added 1981, ch. 219, sec. 1, p. 407; am. 1988, ch. 265, sec. 562, p. 858; am. 1999, ch. 143, sec. 3, p. 413; am. 2000, ch. 148, sec. 4, p. 384; am. 2002, ch. 222, sec. 5, p. 627; am. 2004, ch. 45, sec. 4, p. 226; am. 2004, ch. 49, sec. 3, p. 234; am. 2024, ch. 147, sec. 45, p. 580.]
Idaho Code § 18-4510 — Idaho Code / Title 18 / Chapter 45 / Section 18-4510
18-4510 BIRTH RECORDS OF MISSING CHILDREN — STATE REGISTRAR'S DUTIES.
Status: in_force

18-4510. Birth records of missing children — State registrar's duties. 1. Upon notification by a law enforcement agency that a child born in the state is missing or has run away, the state registrar shall flag the child's birth certificate record in such a manner that whenever a copy of the birth certificate or information concerning the birth record is requested, the state director shall be alerted to the fact that the certificate is that of a missing or runaway child.

2. In response to any inquiry, the state registrar or any clerk appointed by him or any employee of vital statistics shall not provide a copy of a birth certificate or information concerning the birth record of any missing or runaway child whose birth record has been flagged pursuant to this section, and shall immediately notify the law enforcement agency having jurisdiction over the investigation of the missing or runaway child. Inquiries shall be handled in the following manner:

(a) When a copy of the birth certificate of a missing or runaway child whose record has been flagged is requested in person, the employee receiving the request shall immediately notify his supervisor or the state registrar. The person making the request shall complete a form supplying his name, address, telephone number and relationship to the missing or runaway child and the name, address and birth date of the missing or runaway child. The driver's license of the person making the request, if available, shall be photocopied and returned to him. He shall be informed that the birth certificate will be mailed to him when it is released. The employee shall note the physical description of the person making the request, and, upon that person's departure from the vital statistics office, the supervisor or state registrar shall immediately notify the law enforcement agency having jurisdiction of the request and provide it with the information obtained pursuant to subsection 2(a) of this section. The state registrar shall retain the form completed by the person making the request.

(b) When a copy of the birth certificate of a missing or runaway child whose birth record has been flagged is requested in writing, the state registrar shall immediately notify the law enforcement agency having jurisdiction of the request and shall provide a copy of the written request. The state registrar shall retain the original written request.

3. Upon notification by a law enforcement agency that a missing or runaway child has been returned or when the child reaches his eighteenth birthday, the state registrar shall remove the flag from the child's birth record.

History:

[18-4510, added 1988, ch. 281, sec. 1, p. 913; am. 1989, ch. 219, sec. 3, p. 534.]
Idaho Code § 18-9005 — Idaho Code / Title 18 / Chapter 90 / Section 18-9005
18-9005 COOPERATION WITH FEDERAL AUTHORITIES.
Status: in_force

18-9005. Cooperation with federal authorities. (1) To the extent authorized by federal law, law enforcement officials shall be authorized to send, receive, and maintain information relating to the immigration status of illegal aliens for public safety purposes. Except as provided by federal law, law enforcement officials shall not be prohibited from receiving or maintaining information relating to the immigration status of any illegal alien or sending or exchanging such information with other federal, state, or local law enforcement agencies for official public safety purposes.

(2) Law enforcement officials shall not be prohibited from entering into memorandums of understanding, agreements, and memorandums of agreement with the United States department of justice, DHS, or any other federal law enforcement agency for the purpose of enforcing federal immigration laws, including section 287(g) of the federal illegal immigration reform and immigrant responsibility act of 1996, P.L. 104-208, or a similar federal program.

(3) Except as provided by federal law, no law enforcement official shall be prohibited from utilizing available federal resources, including databases, equipment, grant funds, training, or participation in incentive programs, for any public safety purpose related to the enforcement of federal immigration laws as against illegal aliens.

(4) Where a custodial authority has custody of a person in a correctional facility, state rehabilitation center, penitentiary, prison, county jail, or city jail, and the person is subject to an immigration detainer or other federal warrant, the custodial authority shall comply with, honor, and fulfill any reasonable request made in the immigration detainer or warrant as long as any term of state-ordered confinement has been satisfied and it does not impose undue burden, risk, or expense on the custodial authority or law enforcement officials and shall inform the person identified in the immigration detainer or warrant that the person is being held pursuant to such immigration detainer or warrant.

History:

[18-9005, added 2025, ch. 183, sec. 1, p. 859.]
Idaho Code § 18-8613 — Idaho Code / Title 18 / Chapter 86 / Section 18-8613
18-8613 FORFEITURE REQUEST — REBUTTABLE PRESUMPTION.
Status: in_force

18-8613. FORFEITURE REQUEST — REBUTTABLE PRESUMPTION. (1) Property subject to criminal forfeiture under the provisions of this chapter shall not be ordered forfeited unless the attorney general or the appropriate prosecuting attorney has filed a separate allegation within the criminal proceeding seeking forfeiture of specific property as described in section 18-8611, Idaho Code. The attorney general or appropriate prosecuting attorney shall file, within fourteen (14) days of the filing of the criminal information or indictment, a separate part II forfeiture request and notice with the trial court.

(2) There shall be a rebuttable presumption that any property of a person subject to the provisions of section 18-8611, Idaho Code, is subject to forfeiture under this chapter if the state of Idaho establishes by a preponderance of the evidence that:

(a) The property was acquired by a person during the period of the violation of any section of this chapter for which criminal forfeiture may be ordered, pursuant to section 18-8611, Idaho Code, or within a reasonable time after such violation; and

(b) There was no likely source for such property other than the violation of any section of this chapter for which criminal forfeiture may be ordered, pursuant to section 18-8611, Idaho Code.

History:

[18-8613, added 2024, ch. 147, sec. 34, p. 570.]
Idaho Code § 18-7008 — Idaho Code / Title 18 / Chapter 70 / Section 18-7008
18-7008 CRIMINAL TRESPASS — DEFINITIONS AND ACTS CONSTITUTING.
Status: in_force

18-7008. CRIMINAL Trespass — definitions and Acts constituting. (1) Definitions. As used in this section:

(a) "Crops" means field crops including, but not limited to, grains, feed crops, legumes, fruits and vegetables.

(b) "Cultivated land" means:

(i) Land whose soil is loosened or broken up for the raising of crops;

(ii) Land used for the raising of crops; or

(iii) Pasturage that is artificially irrigated.

(c) "Damage" means any injury or damage to real or personal property and includes, but is not limited to, any of the following actions, when conducted without lawful authority, the consent of the landowner or his agent, or a valid license:

(i) Cutting down or carrying off any wood, underbrush, tree or timber, or girdling or otherwise injuring any tree or timber on the land of another;

(ii) Severing from the property of another anything attached thereto, or the produce thereof;

(iii) Digging, taking or carrying away any earth, soil or stone from the property of another;

(iv) Tearing down or otherwise damaging any fence on the land of another person, or opening any gate, bar or fence of another person and leaving it open, or using the corral or corrals of another person;

(v) Dumping trash or covering up in any manner the property of another person;

(vi) The unprovoked, intentional killing or injuring of a domestic animal of another on his property;

(vii) Removing, mutilating, damaging or destroying any "no trespassing" signs or markers of similar meaning;

(viii) Going through or driving a motor vehicle, as defined in sections 49-114 and 49-123, Idaho Code, into, upon, over or through any cultivated lands; or

(ix) Injuring livestock.

(d) "Enter" or "enters" means going upon or over real property either in person or by causing any object, substance or force to go upon or over real property.

(e) "Navigable streams" shall have the meaning set forth in section 36-1601, Idaho Code.

(f) "Permission" means written authorization from the owner or his agent to enter upon private land, which shall include the signature of the owner or his agent, the name of the person being given permission, the appropriate dates that the permission is valid and a general description of the property; or another form of permission or invitation recognized by law.

(g) "Remains" means to fail to depart from the real property of another immediately when notified to do so by the owner or his agent.

(2) Acts constituting criminal trespass.

(a) A person commits criminal trespass and is guilty of a misdemeanor, except as provided in subsection (3)(a)(i) of this section, when he enters or remains on the real property of another without permission, knowing or with reason to know that his presence is not permitted. A person has reason to know his presence is not permitted when, except under a landlord-tenant relationship, he fails to depart immediately from the real property of another after being notified by the owner or his agent to do so, or he returns without permission or invitation within one (1) year, unless a longer period of time is designated by the owner or his agent. In addition, a person has reason to know that his presence is not permitted on real property that meets any of the following descriptions:

(i) The property is reasonably associated with a residence or place of business;

(ii) The property is cultivated;

(iii) The property is fenced or otherwise enclosed in a manner that a reasonable person would recognize as delineating a private property boundary. Provided, however, if the property adjoins or is contained within public lands, the fence line adjacent to public land is posted with conspicuous "no trespassing" signs or bright orange or fluorescent paint at the corners of the fence adjoining public land and at all navigable streams, roads, gates and rights-of-way entering the private land from the public land, and is posted in a manner that a reasonable person would be put on notice that it is private land; or

(iv) The property is unfenced and uncultivated but is posted with conspicuous "no trespassing" signs or bright orange or fluorescent paint at all property corners and boundaries where the property intersects navigable streams, roads, gates and rights-of-way entering the land, and is posted in a manner that a reasonable person would be put on notice that it is private land.

(b) A person commits criminal trespass and is guilty of a misdemeanor when he enters or remains on the premises of a church or house of worship without permission, knowing or with reason to know that his presence is not permitted and with the intent to intimidate or harass or to disrupt a church service or assemblage of people meeting for religious worship.

(c) Every person who commits a criminal trespass as provided by this section and who causes damage to real or personal property in excess of one thousand dollars ($1,000) while trespassing is guilty of criminal trespass with damage and is guilty of a misdemeanor, except as provided in subsection (3)(b)(iii) of this section.

(3) Penalties.

(a) Penalties for criminal trespass.

(i) Any person who pleads guilty to or is found guilty of a violation of subsection (2)(a) of this section for the first time:

1. If no damage of any kind was committed during the trespass and the person accused does not remain if ordered to depart by the owner of the real property or his agent, then the person shall be guilty of an infraction and fined in the amount of three hundred dollars ($300); or

2. Except as provided in subparagraph (i)1. of this paragraph, the person may be sentenced to jail for a period of no more than six (6) months and shall be fined in an amount no less than five hundred dollars ($500) and no more than one thousand dollars ($1,000).

(ii) Any person who pleads guilty to or is found guilty of a violation of subsection (2)(b) of this section for the first time shall be guilty of a misdemeanor and may be sentenced to jail for a period of no more than six (6) months and shall be fined in an amount no less than five hundred dollars ($500) and no more than one thousand dollars ($1,000).

(iii) Any person who pleads guilty to or is found guilty of a violation of subsection (2)(a) or (b) of this section for a second time within five (5) years:

1. May be sentenced to jail for a period of no more than six (6) months;

2. Shall be fined in an amount no less than one thousand five hundred dollars ($1,500) and no more than three thousand dollars ($3,000); and

3. If the trespass can be reasonably construed to have been committed in a manner described in section 36-1603(a), Idaho Code, shall have any license issued pursuant to chapter 3, title 36, Idaho Code, suspended for a period of one (1) year.

(iv) Any person who pleads guilty to or is found guilty of a violation of subsection (2)(a) or (b) of this section, who previously has been found guilty of or has pled guilty to two (2) or more violations of the provisions of subsection (2) of this section within ten (10) years, notwithstanding the form of the judgments or withheld judgments:

1. May be sentenced to jail for a period no more than one (1) year;

2. Shall be fined an amount no less than five thousand dollars ($5,000) and no more than ten thousand dollars ($10,000); and

3. If the trespass can be reasonably construed to have been committed in a manner described in section 36-1603(a), Idaho Code, shall have any license issued pursuant to chapter 3, title 36, Idaho Code, suspended for a period of no more than five (5) years.

(b) Penalties for criminal trespass with damage.

(i) Any person who pleads guilty to or is found guilty of a violation of subsection (2)(c) of this section for the first time:

1. May be sentenced to jail for a period of no more than six (6) months; and

2. Shall be fined in an amount no less than one thousand five hundred dollars ($1,500) and no more than five thousand dollars ($5,000).

(ii) Any person who pleads guilty to or is found guilty of a violation of subsection (2)(c) of this section for a second time within five (5) years:

1. May be sentenced to jail for a period of no more than six (6) months;

2. Shall be fined in an amount no less than five thousand dollars ($5,000) and no more than ten thousand dollars ($10,000); and

3. If the trespass can be reasonably construed to have been committed in a manner described in section 36-1603(a), Idaho Code, shall have any license issued pursuant to chapter 3, title 36, Idaho Code, suspended for a period of one (1) year.

(iii) Any person who pleads guilty to or is found guilty of a violation of subsection (2)(c) of this section, who previously has been found guilty of or has pled guilty to two (2) or more violations of the provisions of subsection (2) of this section within ten (10) years, notwithstanding the form of the judgments or withheld judgments, is guilty of a felony and:

1. Shall be sentenced to the custody of the state board of correction for a period of no less than one (1) year and no more than five (5) years;

2. Shall be fined in an amount no less than fifteen thousand dollars ($15,000) and no more than fifty thousand dollars ($50,000); and

3. If the trespass can be reasonably construed to have been committed in a manner described in section 36-1603(a), Idaho Code, shall have any license issued pursuant to chapter 3, title 36, Idaho Code, suspended for a period of no less than five (5) years.

(c) In addition to any other penalty prescribed by law, a court shall, for any violation of subsection (2) of this section, order restitution in accordance with section 19-5304, Idaho Code.

(4) Posting of navigable streams shall not prohibit access to navigable streams below the high-water mark pursuant to section 36-1601, Idaho Code.

(5) Subject to any rights or authorities described in subsection (6) of this section, a landowner or his agent may revoke permission granted under this section to another to enter or remain upon his property at any time, for any reason, orally, in writing, or by any other form of notice reasonably apparent to the permitted person or persons.

(6) A person shall not be guilty of trespass under this section for entering or remaining upon real property if the person entered or remained on the property pursuant to any of the following rights or authorities:

(a) An established right of entry or occupancy of the real property in question, including, but not limited to:

(i) An invitation, whether express or implied, to enter or remain on real property including, but not limited to, the right to enter property that is, at the time, open to the public, if the person is in compliance with lawful conditions imposed on access;

(ii) A license to enter or remain on real property; or

(iii) A lease, easement, contract, privilege or other legal right to enter, remain upon, possess or use the real property;

(b) A lawful authority to enter onto or remain upon the real property in question, including, but not limited to:

(i) Any law enforcement officer during the course and scope of fulfilling his lawful duties;

(ii) Any paramedic, firefighter or other emergency personnel during the course and scope of fulfilling his lawful duties; or

(iii) Any licensed professional otherwise authorized to enter or remain on the real property during the course and scope of fulfilling his lawful duties; or

(c) Any other person with a legally prescribed right to enter or remain upon the real property in question.

(7) Examples of the exclusions in subsection (6) of this section include, but are not limited to: a customer entering and remaining in a store during business hours who has not been asked to depart by the property owner or his agent; a person knocking on a front door of a property that is not posted; a meter reader during the scope and course of his employment; a postal employee delivering mail or packages; power company personnel fixing downed power lines; a bail bondsman arresting a person who is in violation of a bail contract; a tenant pursuant to a valid lease; and the owner or operator of any right-of-way or easement for any ditch, canal or other conduit, acting pursuant to the provisions of chapter 11 or chapter 12, title 42, Idaho Code.

(8) The exclusions set forth in this section shall not relieve any person of civil or criminal liability pursuant to other applicable law for causing damage while entering or remaining on the property in question.

History:

[18-7008, added 2018, ch. 350, sec. 6, p. 828; am. 2026, ch. 78, sec. 1, p. 323.]
Idaho Code § 18-8403 — Idaho Code / Title 18 / Chapter 84 / Section 18-8403
18-8403 DEFINITIONS.
Status: in_force

18-8403. Definitions. As used in this chapter, "juvenile sex offender" means a person who was between fourteen (14) years of age to eighteen (18) years of age at the time the qualifying sex offense was committed and who:

(1) On or after July 1, 1998, was adjudicated delinquent under the juvenile corrections act for an action that would be an offense enumerated in section 18-8304, Idaho Code, if committed by an adult; or

(2) As of July 1, 1998, is serving formal probation, a period of detention, or commitment to the department of juvenile corrections as the result of sentencing imposed under section 20-520, Idaho Code, for an action that would be an offense enumerated in section 18-8304, Idaho Code, if committed by an adult; or

(3) Was adjudicated delinquent in another state for an action that is substantially equivalent to the offenses enumerated in section 18-8304, Idaho Code, and is subject on or after July 1, 1998, to Idaho court jurisdiction under the interstate compact on juveniles; or

(4) Is required to register in another state for having committed a sex offense in that state regardless of the date of the offense or its adjudication.

History:

[18-8403, added 1998, ch. 412, sec. 1, p. 1299.]
Idaho Code § 18-609A — Idaho Code / Title 18 / Chapter 6 / Section 18-609A
18-609A CONSENT REQUIRED FOR ABORTIONS FOR MINORS.
Status: in_force

18-609A. Consent required for abortions for minors. (1) Except as otherwise provided in this section, a person shall not knowingly perform an abortion on a pregnant unemancipated minor unless the attending physician has secured the written consent from one (1) of the minor's parents or the minor's guardian or conservator.

(2) A judge of the district court shall, on petition or motion, and after an appropriate hearing, authorize a physician to perform the abortion if the judge determines, by clear and convincing evidence, that:

(a) The pregnant minor is mature and capable of giving informed consent to the proposed abortion; or

(b) The performance of an abortion would be in her best interests.

(3) The pregnant minor may participate in the court proceedings on her own behalf. The court may appoint a guardian ad litem for her. The court shall provide her with counsel unless she appears through private counsel.

(4) Proceedings in the court under this section shall be closed and have precedence over other pending matters. A judge who conducts proceedings under this section shall make in writing specific factual findings and legal conclusions supporting the decision and shall order a confidential record of the evidence to be maintained including the judge's own findings and conclusions. The minor may file the petition using a fictitious name. All records contained in court files of judicial proceedings arising under the provisions of this section shall be confidential and exempt from disclosure pursuant to section 74-110, Idaho Code. Dockets and other court records shall be maintained and court proceedings undertaken so that the names and identities of the parties to actions brought pursuant to this section will not be disclosed to the public.

(5) The court shall hold the hearing within forty-eight (48) hours, excluding weekends and holidays, after the petition is filed, and shall issue its ruling at the conclusion of the hearing. If the court fails to issue its ruling at the conclusion of the hearing, the petition is deemed to have been granted and the consent requirement is waived.

(6) An expedited confidential appeal is available to a pregnant minor for whom the court denies an order authorizing an abortion without parental consent. A minor shall file her notice of appeal within five (5) days, excluding weekends and holidays, after her petition was denied by the district court. The appellate court shall hold the hearing within forty-eight (48) hours, excluding weekends and holidays, after the notice of appeal is filed and shall issue its ruling at the conclusion of the hearing. If the appellate court fails to issue its ruling at the conclusion of the hearing, the petition is deemed to have been granted and the consent requirement is waived. Filing fees are not required of the pregnant minor at either the district court or the appellate level.

(7) Parental consent or judicial authorization is not required under this section if either:

(a) The pregnant minor certifies to the attending physician that 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) A medical emergency exists for the minor and the attending physician records the symptoms and diagnosis upon which such judgment was made in the minor's medical record.

History:

[18-609A, added 2007, ch. 193, sec. 5, p. 566; am. 2010, ch. 352, sec. 4, p. 922; am. 2015, ch. 141, sec. 14, p. 389.]
Idaho Code § 18-4109 — Idaho Code / Title 18 / Chapter 41 / Section 18-4109
18-4109 PUNISHMENT FOR VIOLATIONS.
Status: in_force

18-4109. Punishment for violations. The following punishments are applicable to this act:

Every person who violates sections 18-4103, 18-4104 or 18-4105, Idaho Code, is punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment for each separate violation. If such person has twice been convicted within the immediately preceding two (2) years for any offense contained in chapter 41, title 18, Idaho Code, and these convictions were for offenses which occurred ten (10) or more days apart, a third or subsequent violation of sections 18-4103, 18-4104 or 18-4105, Idaho Code, within this two (2) year period is punishable as a felony.

History:

[18-4109, as added by 1973, ch. 305, sec. 12, p. 655; am. 1976, ch. 81, sec. 8, p. 264; am. 2006, ch. 71, sec. 14, p. 221.]
Idaho Code § 18-8702 — Idaho Code / Title 18 / Chapter 87 / Section 18-8702
18-8702 DEFINITIONS.
Status: in_force

18-8702. definitions. As used in this chapter:

(1) "Abortion" means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child. Such use, prescription, or means is not an abortion if done with the intent to save the life or preserve the health of the unborn child, remove a dead unborn child caused by spontaneous abortion, or remove an ectopic pregnancy.

(2) "Affiliate" means an organization that owns or controls or is owned or controlled, in whole or in part, by the other; is related by shareholdings or other means of control; or is a subsidiary, parent, or sibling corporation.

(3) "Facility" or "health care facility" means any public or private hospital, clinic, center, medical school, medical training institution, health care facility, physician's office, infirmary, dispensary, ambulatory surgical treatment center, or other institution or location wherein health care is provided to any person.

(4) "Health care provider" means any person or individual who may be or is asked to participate in any way in any health care service. This includes but is not limited to doctors, nurse practitioners, physician assistants, nurses, nurses' aides, allied health professionals, medical assistants, hospital employees, clinic employees, nursing home employees, pharmacists, pharmacy technicians and employees, medical school faculty and students, nursing school faculty and students, psychology and counseling faculty and students, medical researchers, laboratory technicians, counselors, social workers, or any other person who facilitates or participates in the provision of health care services to any person.

(5) "Public funds" means the funds of every political subdivision of the state wherein taxes are levied or fees are collected for any purpose and also refers to:

(a) The revenue or money of a government, state, or municipal corporation;

(b) The bonds, stocks, or other securities of a national or state government; and

(c) Government spending for acquisition of goods and services for current use to directly satisfy individual or collective needs of the members of the community.

History:

[18-8702, added 2021, ch. 334, sec. 1, p. 1015.]
Idaho Code § 18-8706 — Idaho Code / Title 18 / Chapter 87 / Section 18-8706
18-8706 USE OF SCHOOL TUITION AND FEES FOR ABORTION PROHIBITED.
Status: in_force

18-8706. Use of School Tuition and Fees for Abortion Prohibited. No part of any tuition or fees paid to a public institution of higher education shall be used in any way to pay for an abortion, provide or perform an abortion, provide counseling in favor of abortion, make a referral for abortion, or provide facilities for an abortion or for training to provide or perform abortion.

History:

[18-8706, added 2021, ch. 334, sec. 1, p. 1017.]
Idaho Code § 18-8621 — Idaho Code / Title 18 / Chapter 86 / Section 18-8621
18-8621 DISPOSITION OF PROPERTY.
Status: in_force

18-8621. DISPOSITION OF PROPERTY. On the motion of a party and after notice to any persons who are known to have an interest in the property and an opportunity to be heard, the court may order property that has been seized for forfeiture sold, leased, rented, or operated to satisfy an interest of any interest holder who has timely filed a proper claim or to preserve the interests of any party. The court may order a sale or any other disposition of the property if the property may perish, waste, be foreclosed on, or otherwise be significantly reduced in value or if the expenses of maintaining the property are or will become greater than its fair market value. If the court orders a sale, the court shall designate a third party or state property manager to dispose of the property by public sale or other commercially reasonable method and shall distribute the proceeds in the following order of priority:

(1) Payment of reasonable expenses incurred in connection with the sale;

(2) Satisfaction of exempt interests in the order of their priority; and

(3) Preservation of the balance, if any, in the actual or constructive custody of the court in an interest-bearing account, subject to further proceedings under the provisions of this chapter. When property is forfeited under this chapter, the attorney general or appropriate prosecuting attorney may:

(a) Retain it for official use; or

(b) Sell it if it is not required to be destroyed by law and is not harmful to the public, pursuant to section 18-8616 or 18-8617, Idaho Code.

History:

[18-8621, added 2024, ch. 147, sec. 42, p. 576.]
Idaho Code § 18-6720 — Idaho Code / Title 18 / Chapter 67 / Section 18-6720
18-6720 GENERAL PROHIBITION ON PEN REGISTER AND TRAP AND TRACE DEVICE USE — EXCEPTION.
Status: in_force

18-6720. General prohibition on pen register and trap and trace device use — Exception. (1) Except as provided in section 18-6720, Idaho Code, no person may install or use a pen register or a trap and trace device without first obtaining a court order under section 18-6722, Idaho Code.

(2) The prohibition of subsection (1) of this section does not apply with respect to the use of a pen register or a trap and trace device by a provider of electronic or wire communication service:

(a) Relating to the operation, maintenance, and testing of a wire or electronic communication service or to the protection of the rights or property of such provider, or to the protection of users of that service from abuse of service or unlawful use of service; or

(b) To record the fact that a wire or electronic communication was initiated or completed in order to protect such provider, another provider furnishing service toward the completion of the wire communication, or a user of that service, from fraudulent, unlawful or abusive use of service; or

(c) Where the consent of the user of that service has been obtained.

(3) Whoever knowingly violates the provisions of subsection (1) of this section shall be guilty of a misdemeanor.

History:

[18-6720, added 1987, ch. 215, sec. 2, p. 461.]
Idaho Code § 18-1502B — Idaho Code / Title 18 / Chapter 15 / Section 18-1502B
18-1502B POSSESSION OF INHALANTS BY MINORS.
Status: in_force

18-1502B. Possession of inhalants by minors. Whenever a person under the age of eighteen (18) years is in possession and uses an aerosol spray product or other inhalant, that is not used pursuant to the instructions or prescription of a licensed health care provider or that is not used pursuant to the manufacturer's label instructions, for the purpose of becoming under the influence of such substance; such person shall be guilty of a misdemeanor, and upon conviction, may be punished by a fine not in excess of three hundred dollars ($300), or by thirty (30) days in a juvenile detention facility or by both or may be subject to the provisions of chapter 5, title 20, Idaho Code.

For the purposes of this section, the term "inhalant" means any glue, cement or other substance containing one (1) or more of the following chemical compounds: acetone and acetate, amyl nitrite or amyl nitrate or their isomers, benzene, butyl alcohol, butyl nitrite, butyl nitrate or their isomers, ethyl alcohol, ethyl nitrite or ethyl nitrate, ethylene dichloride, isobutyl alcohol, methyl alcohol, methyl ethyl ketone, n-propyl alcohol, pentachlorophenol, petroleum ether, propyl nitrite or propyl nitrate or their isomers, toluene or xylene or other chemical substance capable of causing a condition of intoxication, inebriation, excitement, stupefaction or the dulling of the brain or nervous system as a result of the inhalation of the fumes or vapors of such chemical substance.

History:

[18-1502B, added 1993, ch. 154, sec. 1, p. 390; am. 2004, ch. 23, sec. 4, p. 27.]
Idaho Code § 18-3325 — Idaho Code / Title 18 / Chapter 33 / Section 18-3325
18-3325 PROHIBITION — POSSESSION — USE OF CONDUCTED ENERGY DEVICE — PENALTIES.
Status: in_force

18-3325. Prohibition — Possession — Use of conducted energy device — Penalties. (1) It shall be a misdemeanor to possess a conducted energy device by:

(a) Any person found guilty of a felony who is not finally discharged from a sentence of imprisonment, probation or parole; or

(b) Any person who, having been found guilty of a felony, has not had his or her civil right to ship, transport, possess or receive a firearm restored.

(2) Use of a conducted energy device during the commission of a felony offense shall constitute a separate felony offense.

(3) Use of a conducted energy device during the commission of any of the following misdemeanor crimes of violence: sections 18-901, 18-903, 18-917 or 18-918, Idaho Code, shall result in double the penalties provided for in Idaho Code regarding those crimes.

(4) A sentence imposed for a violation of the provisions of this section shall be imposed separate from and consecutive to the sentence for any offense based on the act establishing the offense under this section.

(5) For purposes of this section, "conducted energy device" means any item that emits an electrical current, impulse, wave or beam, which current, impulse, wave or beam is designed to incapacitate, injure or kill.

History:

[18-3325, added 2008, ch. 333, sec. 1, p. 918.]
Idaho Code § 18-5624 — Idaho Code / Title 18 / Chapter 56 / Section 18-5624
18-5624 REAL PROPERTY — RIGHTS OF THIRD PARTIES.
Status: in_force

18-5624. REAL PROPERTY — RIGHTS OF THIRD PARTIES. (1) Real property subject to forfeiture under the provisions of this chapter may be seized by the attorney general or appropriate prosecuting attorney upon determining that a parcel of property is subject to forfeiture, by filing a notice of seizure with the recorder of the county in which the property or any part thereof is situated. The notice must contain a legal description of the property sought to be forfeited; provided however, that in the event the property sought to be forfeited is part of a greater parcel, the attorney general or appropriate prosecuting attorney may, for the purposes of this notice, use the legal description of the greater parcel. The attorney general or appropriate prosecuting attorney shall also send by certified mail a copy of the notice of seizure to any persons holding a recorded interest or of whose interest the attorney general or appropriate prosecuting attorney has actual knowledge. The attorney general or appropriate prosecuting attorney shall post a similar copy of the notice conspicuously upon the property and publish a copy thereof once a week for three (3) consecutive weeks immediately following the seizure in a newspaper published in the county. The co-owner or party in lawful possession of the property sought to be forfeited may retain possession and use thereof and may collect and keep income from the property while the forfeiture proceedings are pending.

(2) In the event of a seizure pursuant to subsection (1) of this section, a request for forfeiture shall be filed with the trial court within the time limit imposed by section 18-5620, Idaho Code. The request shall be served in the same manner as complaints subject to Idaho rules of civil procedure on all persons having an interest in the real property sought to be forfeited.

(3) Notwithstanding any other provision of this section, upon being satisfied that the interest of a co-owner or claimant should not be subject to forfeiture because they neither knew nor should have known that the real property was being used or had been used for the purposes alleged, or that due to preexisting security interests in such property there is no equity that may be forfeited, the attorney general or appropriate prosecuting attorney may release the property to the co-owner, holder of the security interest or other claimant.

(4) Within twenty (20) days of the mailing of the notice, the co-owner or party in interest may file a verified answer and claim to the property described in the notice.

(5) If a verified answer is filed within twenty (20) days after mailing of the notice, the forfeiture proceeding against all co-owners and parties in interest who have filed verified answers shall be set for hearing before the court without a jury on a day not less than sixty (60) days after the mailing of the notice; and the proceeding shall have priority over other civil cases.

(a) A co-owner or claimant of any right, title or interest in the real property sought to be forfeited may prove that his right, title or interest, whether under a lien, mortgage, deed of trust or otherwise, was created without any knowledge or reason to believe that the real property was being used or had been used for the purposes alleged;

(b) Any co-owner who has a verified answer on file may show by competent evidence that his interest in the property sought to be forfeited is not subject to forfeiture because he could not have known in the exercise of reasonable diligence that the real property was being used or had been used in any manner in violation of the provisions of section 18-5612, Idaho Code.

(6) In the event of such proof, the court shall order the release of the interest of the co-owner, purchaser, lienholder, mortgagee or beneficiary.

(a) If the amount due to such person is less than the value of the real property, the real property may be sold in a commercially reasonable manner by the attorney general or appropriate prosecuting attorney. The proceeds from such sale shall be distributed as follows in the order indicated:

(i) To the innocent co-owner, purchaser, mortgagee or beneficiary of the real property, if any, up to the value of his interest in the real property;

(ii) The balance, if any, in the following order:

1. To the attorney general or appropriate prosecuting attorney for all expenditures made or incurred in connection with the sale, including expenditure for any necessary repairs or maintenance of the real property, and for all expenditures made or incurred in connection with the forfeiture proceedings including, but not limited to, expenditures for witnesses' fees, reporters' fees, transcripts, printing, travel, investigation, title company fees and insurance premiums.

2. The remainder, if any, to the crime victims compensation account as established in section 72-1009, Idaho Code.

(b) In any case, the attorney general or appropriate prosecuting attorney may, within thirty (30) days after the order of forfeiture, pay the balance due to the innocent co-owner, purchaser, lienholder, mortgagee or beneficiary and thereby purchase the real property for use in the enforcement of this chapter.

History:

[18-5624, added 2013, ch. 249, sec. 7, p. 605; am. 2014, ch. 97, sec. 3, p. 267.]
Idaho Code § 18-2313 — Idaho Code / Title 18 / Chapter 23 / Section 18-2313
18-2313 RIOTOUS CONDUCT AND INTERFERENCE WITH ELECTION.
Status: in_force

18-2313. Riotous conduct and interference with election. Any person who wilfully disturbs, or is guilty of any riotous conduct at or near, any election place or voting precinct, with intent to disturb the same, or interferes with the access of the electors to the polling place, or in any manner, with the free exercise of the election franchise of the voters, or any voter there assembled, or disturbs or interferes with the canvassing of the votes, or with the making of the returns, is guilty of a misdemeanor.

History:

[18-2313, added 1972, ch. 336, sec. 1, p. 891.]
Idaho Code § 18-206 — Idaho Code / Title 18 / Chapter 2 / Section 18-206
18-206 PUNISHMENT OF ACCESSORIES.
Status: in_force

18-206. Punishment of accessories. Except in cases where a different punishment is prescribed, an accessory is punishable by imprisonment in the state prison not exceeding five (5) years, or by fine not exceeding fifty thousand dollars ($50,000), or by both such fine and imprisonment.

History:

[18-206, added 1972, ch. 336, sec. 1, p. 850; am. 1994, ch. 131, sec. 4, p. 297.]
Idaho Code § 18-313 — Idaho Code / Title 18 / Chapter 3 / Section 18-313
18-313 PROTECTION OF PERSON OF CONVICT.
Status: in_force

18-313. Protection of person of convict. The person of a convict sentenced to imprisonment in the state prison is under the protection of the law, and any injury to his person, not authorized by law, is punishable in the same manner, as if he were not convicted or sentenced.

History:

[18-313, added 1972, ch. 336, sec. 1, p. 859.]
Idaho Code § 18-609 — Idaho Code / Title 18 / Chapter 6 / Section 18-609
18-609 PHYSICIANS AND HOSPITALS NOT TO INCUR CIVIL LIABILITY — CONSENT TO ABORTION — NOTICE.
Status: in_force

18-609. Physicians and hospitals not to incur civil liability — Consent to abortion — Notice. (1) Any physician may perform an abortion not prohibited by this act and any hospital or other facility described in section 18-608, Idaho Code, may provide facilities for such procedures without, in the absence of negligence, incurring civil liability therefor to any person including, but not limited to, the pregnant patient and the prospective father of the fetus to have been born in the absence of abortion, if informed consent for such abortion has been duly given by the pregnant patient.

(2) In order to provide assistance in assuring that the consent to an abortion is truly informed consent, the director of the department of health and welfare shall publish easily comprehended, nonmisleading and medically accurate printed material to be made available at no expense to physicians, hospitals or other facilities providing abortion and abortion-related services, and which shall contain the following:

(a) Descriptions of the services available to assist a woman through a pregnancy, at childbirth and while the child is dependent, including adoption services, a comprehensive list of the names, addresses, and telephone numbers of public and private agencies that provide such services and financial aid available;

(b) Descriptions of the physical characteristics of a normal fetus, described at two (2) week intervals, beginning with the fourth week and ending with the twenty-fourth week of development, accompanied by scientifically verified photographs of a fetus during such stages of development. The description shall include information about physiological and anatomical characteristics;

(c) Descriptions of the abortion procedures used in current medical practices at the various stages of growth of the fetus and any reasonable foreseeable complications and risks to the mother, including those related to subsequent childbearing;

(d) A list, compiled by the department of health and welfare, of health care providers, facilities and clinics that offer to perform ultrasounds free of charge and that have contacted the department annually with a request to be included in the list. The list shall be arranged geographically and shall include the name, address, hours of operation, telephone number and e-mail address of each entity;

(e) A statement that the patient has a right to view an ultrasound image and to observe the heartbeat monitoring of her unborn child and that she may obtain an ultrasound free of charge. The statement shall indicate that printed materials required by the provisions of this section contain a list, compiled by the department of health and welfare, of health care providers, facilities and clinics that offer to perform such ultrasounds free of charge;

(f) Information directing the patient where to obtain further information and assistance in locating a health care provider whom she can consult about chemical abortion, including the interventions, if any, that may affect the effectiveness or reversal of a chemical abortion, and informs the patient that if she wants to consult with such health care providers, she should contact those health care providers before she takes the abortifacient; and

(g) A section specific to unborn children diagnosed with Down syndrome in order to help educate mothers about the development of children with Down syndrome and the resources available in both the private and public sectors to assist parents of children with Down syndrome with the delivery and care of a child born with Down syndrome. The section shall include:

(i) Easily comprehended, medically accurate information regarding the development of a child with Down syndrome, including treatment and therapy strategies available during a pregnancy and after birth; and

(ii) Descriptions of the services available to assist Idaho families with children born with Down syndrome, including adoption services, support agencies, and organizations in both the public and private sectors. Such directory shall include the name, address, telephone number, website, and email address of agencies, ministries, and organizations that provide financial, medical, emotional, and spiritual support services to mothers and families with a child with Down syndrome.

The department shall ensure that a Spanish language version of the informed consent materials required in this subsection is made available to women considering an abortion.

(3) (a) The department of health and welfare shall develop and maintain a stable internet website, that may be part of an existing website, to provide the information described in subsection (2) of this section. No information regarding persons using the website shall be collected or maintained. The department of health and welfare shall monitor the website on a weekly basis to prevent and correct tampering.

(b) As used in this section, "stable internet website" means a website that, to the extent reasonably practicable, is safeguarded from having its content altered other than by the department of health and welfare.

(c) When a pregnant patient contacts a physician by telephone or visit and inquires about obtaining an abortion, the physician or the physician's agent before or while scheduling an abortion-related appointment must provide the woman with the address of the state-sponsored internet website on which the printed materials described in subsection (2) of this section may be viewed as required in subsection (2) of this section.

(4) Except in the case of a medical emergency, no abortion shall be performed unless, prior to the abortion, the attending physician or the attending physician's agent certifies in writing that the materials provided by the director have been provided to the pregnant patient at least twenty-four (24) hours before the performance of the abortion. If the materials are not available from the director of the department of health and welfare, no certification shall be required. The attending physician, or the attending physician's agent, shall provide any other information required under this act.

(5) Except in the case of medical emergency, no abortion shall be performed unless, prior to an initial consultation or any testing, and not less than twenty-four (24) hours prior to the performance of the abortion, the woman is informed by telephone or in person, by the physician who is to perform the abortion or by an agent of the physician, that ultrasound imaging and heartbeat monitoring are available to the woman enabling the pregnant woman to view her unborn child or observe the heartbeat of the unborn child. The physician or agent of the physician shall inform the pregnant woman that the website and printed materials described in subsection (2)(d), (e) and (f) of this section contain telephone numbers, addresses and e-mail addresses of facilities that offer such services at no cost. If the woman contacts the abortion facility by e-mail, the physician or agent of the physician shall inform the woman of the requirements of this subsection by e-mail with the required information in a larger font than the rest of the e-mail. No fee for an abortion shall be collected prior to providing the information required in this subsection.

(6) All physicians or their agents who use ultrasound equipment in the performance of an abortion shall inform the patient that she has the right to view the ultrasound image of her unborn child before an abortion is performed. If the patient requests to view the ultrasound image, she shall be allowed to view it before an abortion is performed. The physician or agent shall also offer to provide the patient with a physical picture of the ultrasound image of her unborn child prior to the performance of the abortion, and shall provide it if requested by the patient. In addition to providing the material, the attending physician may provide the pregnant patient with such other information which in the attending physician's judgment is relevant to the pregnant patient's decision as to whether to have the abortion or carry the pregnancy to term.

(7) Within thirty (30) days after performing any abortion without certification and delivery of the materials, the attending physician, or the attending physician's agent, shall cause to be delivered to the director of the department of health and welfare, a report signed by the attending physician, preserving the patient's anonymity, denoting the medical emergency that excused compliance with the duty to deliver the materials. The director of the department of health and welfare shall compile the information annually and report to the public the total number of abortions performed in the state where delivery of the materials was excused; provided that any information so reported shall not identify any physician or patient in any manner which would reveal their identities.

(8) If section 18-608(3), Idaho Code, applies to the abortion to be performed and the pregnant patient is an adult and for any reason unable to give a valid consent thereto, the requirement for that pregnant patient's consent shall be met as required by law for other medical or surgical procedures and shall be determined in consideration of the desires, interests and welfare of the pregnant patient.

(9) The knowing failure of the attending physician to perform any one (1) or more of the acts required under subsection (7) of this section or section 39-261, Idaho Code, 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 vital statistics unit of the department of health and welfare, but such failure shall not constitute a criminal act.

History:

[18-609, added 1973, ch. 197, sec. 8, p. 442; am. 1982, ch. 242, sec. 1, p. 628; am. 1983, ch. 149, sec. 1, p. 403; am. 2000, ch. 7, sec. 4, p. 13; am. 2006, ch. 438, sec. 3, p. 1324; am. 2007, ch. 224, sec. 1, p. 676; am. 2008, ch. 348, sec. 1, p. 958; am. 2016, ch. 283, sec. 1, p. 782; am. 2018, ch. 159, sec. 1, p. 315; am. 2021, ch. 258, sec. 3, p. 794.]
Idaho Code § 18-5501 — Idaho Code / Title 18 / Chapter 55 / Section 18-5501
18-5501 POISONING FOOD, MEDICINE OR WELLS.
Status: in_force

18-5501. Poisoning food, medicine or wells. Every person who wilfully mingles any poison with any food, drink or medicine, with intent that the same shall be taken by any human being, to his injury, and every person who wilfully poisons any spring, well, or reservoir of water, is punishable by imprisonment in the state prison for a term of not less than one (1) nor more than ten (10) years.

History:

[18-5501, added 1972, ch. 336, sec. 1, p. 949.]
Idaho Code § 18-8705 — Idaho Code / Title 18 / Chapter 87 / Section 18-8705
18-8705 USE OF PUBLIC FUNDS FOR ABORTION PROHIBITED.
Status: in_force

18-8705. Use of Public Funds for Abortion Prohibited. (1) No public funds made available by the state, a county, a city, a public health district, a public school district, or any local political subdivision or agency thereof and distributed by any institution, board, commission, department, agency, official, or employee of the state, a county, a city, a public health district, a public school district, or any local political subdivision or agency thereof shall be used in any way to provide, perform, or induce an abortion; assist in the provision or performance of an abortion; promote abortion; counsel in favor of abortion; refer for abortion; or provide facilities for an abortion or for training to provide or perform an abortion.

(2) No person, agency, organization, or any other party that receives funds authorized by the state, a county, a city, a public health district, a public school district, or any local political subdivision or agency thereof may use those funds to perform or promote abortion, provide counseling in favor of abortion, make referral for abortion, or provide facilities for abortion or for training to provide or perform abortion.

(3) No fund or committee authorized by Idaho Code for the special protection of women or children shall be authorized to use or distribute public funds for payment for abortion, abortion referrals, abortion counseling, or abortion-related medical or social services.

(4) The provisions of subsections (1), (2), and (3) of this section shall not apply to:

(a) An abortion performed 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;

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

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

History:

[18-8705, added 2021, ch. 334, sec. 1, p. 1016.]
Idaho Code § 18-8315 — Idaho Code / Title 18 / Chapter 83 / Section 18-8315
18-8315 COMPLIANCE WITH OPEN MEETINGS LAW.
Status: in_force

18-8315. Compliance with open meetings law. All meetings of the board shall be held in accordance with the open meetings law as provided in chapter 2, title 74, Idaho Code.

History:

[18-8315, added 1998, ch. 411, sec. 2, p. 1284; am. 2000, ch. 469, sec. 31, p. 1490; am. 2004, ch. 125, sec. 3, p. 420; am. 2011, ch. 311, sec. 14, p. 896; am. 2019, ch. 161, sec. 1, p. 526.]
Idaho Code § 18-3609 — Idaho Code / Title 18 / Chapter 36 / Section 18-3609
18-3609 POSSESSION OF COUNTERFEIT COIN.
Status: in_force

18-3609. Possession of counterfeit coin. Every person who has in his possession, or receives for any other person, any counterfeit gold or silver coin of the species current in this state, or any counterfeit gold dust, gold or silver bullion or bars, lumps, pieces, or nuggets, with the intention to sell, utter, put off, or pass the same, or permits, causes, or procures the same to be sold, uttered, or passed, with intention to defraud any person, knowing the same to be counterfeit, is punishable by imprisonment in the state prison not less than one (1) nor more than fourteen (14) years.

History:

[18-3609, added 1972, ch. 336, sec. 1, p. 918.]
Idaho Code § 18-1911 — Idaho Code / Title 18 / Chapter 19 / Section 18-1911
18-1911 FOREIGN CORPORATIONS SUBJECT TO CHAPTER.
Status: in_force

18-1911. Foreign corporations subject to chapter. It is no defense to a prosecution for a violation of the provisions of this chapter that the corporation was one created by the laws of another state, territory, government or country, if it was one carrying on business or keeping an office therefor within this state.

History:

[18-1911, added 1972, ch. 336, sec. 1, p. 882.]
Idaho Code § 18-2501 — Idaho Code / Title 18 / Chapter 25 / Section 18-2501
18-2501 RESCUING PRISONERS.
Status: in_force

18-2501. Rescuing prisoners. Every person who rescues, or attempts to rescue, or aids another person in rescuing or attempting to rescue, any prisoner from any prison, or from any officer or person having him in lawful custody, is punishable as follows:

(1) If such prisoner was in custody upon a conviction of felony punishable by death, by imprisonment in the state prison not less than one (1) nor more than fourteen (14) years.

(2) If such prisoner was in custody upon a conviction of any other felony, by imprisonment in the state prison not less than six (6) months nor more than five (5) years.

(3) If such prisoner was in custody upon a charge of felony, by a fine not exceeding one thousand dollars ($1,000) and imprisonment in the county jail not exceeding one (1) year.

(4) If such prisoner was in custody, otherwise than upon a charge or conviction of felony, by fine not exceeding one thousand dollars ($1,000) and imprisonment in the county jail not exceeding six (6) months.

History:

[18-2501, added 1972, ch. 336, sec. 1, p. 896; am. 2006, ch. 71, sec. 7, p. 219.]
Idaho Code § 18-7101 — Idaho Code / Title 18 / Chapter 71 / Section 18-7101
18-7101 SHORT TITLE.
Status: in_force

18-7101. Short title. This chapter shall be known and may be cited as the "Property Rights Protection Act."

History:

[18-7101, added 2026, ch. 261, sec. 1, p. 1109.]
Idaho Code § 18-3002 — Idaho Code / Title 18 / Chapter 30 / Section 18-3002
18-3002 RECEIVING MONEY OR PROPERTY UNDER FALSE PERSONATION.
Status: in_force

18-3002. Receiving money or property under false personation. Every person who falsely personates another, and in such assumed character receives any money or property knowing that it is intended to be delivered to the individual so personated, with intent to convert the same to his own use, or that of another person, or to deprive the owner thereof, is punishable in the same manner and to the same extent as for larceny of the money or property so received.

History:

[18-3002, added 1972, ch. 336, sec. 1, p. 902.]
Idaho Code § 18-925 — Idaho Code / Title 18 / Chapter 9 / Section 18-925
18-925 AGGRAVATED SEXUAL BATTERY.
Status: in_force

18-925. aggravated sexual battery. (1) Aggravated sexual battery is sexual battery as defined in section 18-924, Idaho Code, when the forbidden contact occurs under the circumstances described in section 18-907, Idaho Code.

(2) Aggravated sexual battery is a felony and shall be punishable by imprisonment in the state prison for a period not to exceed twenty (20) years.

History:

[18-925, added 2018, ch. 322, sec. 2, p. 751.]
Idaho Code § 18-1907 — Idaho Code / Title 18 / Chapter 19 / Section 18-1907
18-1907 REFUSAL TO PERMIT STOCKHOLDER TO INSPECT RECORDS.
Status: in_force

18-1907. Refusal to permit stockholder to inspect records. Every officer or agent of any corporation having or keeping an office within this state who has in his custody or control any book, paper or document of such corporation and who refuses to give to a stockholder or member of such corporation, lawfully demanding, during office hours, to inspect or take a copy of the same, or any part thereof, a reasonable opportunity so to do, is guilty of a misdemeanor.

History:

[18-1907, added 1972, ch. 336, sec. 1, p. 881.]
Idaho Code § 18-3606 — Idaho Code / Title 18 / Chapter 36 / Section 18-3606
18-3606 FICTITIOUS BILLS, NOTES, AND CHECKS — MAKING, PASSING, UTTERING, OR PUBLISHING.
Status: in_force

18-3606. Fictitious bills, notes, and checks — Making, passing, uttering, or publishing. Every person who makes, passes, utters, or publishes, with intention to defraud any other person, or who, with the like intention, attempts to pass, utter or publish, or who has in his possession, with like intent to utter, pass, or publish, any fictitious bill, note or check, purporting to be the bill, note, or check, or other instrument in writing for the payment of money or property of some bank, corporation, copartnership, or individual, when in fact, there is no such bank, corporation, copartnership, or individual in existence, knowing the bill, note, check, or instrument in writing to be fictitious, is guilty of forgery and punishable as provided by section 18-3604.

History:

[18-3606, added 1972, ch. 336, sec. 1, p. 918.]
Idaho Code § 18-6306 — Idaho Code / Title 18 / Chapter 63 / Section 18-6306
18-6306 TAX COLLECTOR — NEGLECT OF DUTY.
Status: in_force

18-6306. Tax collector — Neglect of duty. If any tax collector or his deputy wilfully neglects or refuses to perform any of the duties enjoined on him by the provisions of title 63 of Idaho Code he is guilty of a misdemeanor in office, and shall be punished by imprisonment in the county jail not more than one (1) year, or by a fine of not less than $200 nor more than $1,000, or by both such fine and imprisonment, and shall be forthwith removed from office.

History:

[I.C., sec. 18-6306, as added by 1972, ch. 336, sec. 1, p. 964.]
Idaho Code § 18-1517 — Idaho Code / Title 18 / Chapter 15 / Section 18-1517
18-1517 DISSEMINATING MATERIAL HARMFUL TO MINORS — DEFENSES.
Status: in_force

18-1517. Disseminating material harmful to minors — Defenses. 1. In any prosecution for disseminating material harmful to minors, it is an affirmative defense that:

(a) The defendant had reasonable cause to believe that the minor involved was eighteen (18) years old or more, or such minor exhibited to the defendant a draft card, driver's license, birth certificate, or other official or apparently official document purporting to establish that the minor was eighteen (18) years of age or older.

(b) The minor involved was accompanied by his parent or legal guardian, or by an adult and the adult represented that he was the minor's parent or guardian or an adult and signed a written statement to that effect.

(c) The defendant was the parent or guardian of the minor involved.

(d) The defendant was a bona fide school, college, university, museum or public library, or was acting in his capacity as an employee of such an organization or a retail outlet affiliated with and serving the educational purposes of such an organization.

History:

[I.C., sec. 18-1517, as added by 1972, ch. 336, sec. 1, p. 876.]
Idaho Code § 18-4804 — Idaho Code / Title 18 / Chapter 48 / Section 18-4804
18-4804 MALICE PRESUMED.
Status: in_force

18-4804. Malice presumed. An injurious publication is presumed to have been malicious if no justifiable motive for making it is shown.

History:

[18-4804, added 1972, ch. 336, sec. 1, p. 944.]
Idaho Code § 18-502 — Idaho Code / Title 18 / Chapter 5 / Section 18-502
18-502 DEFINITIONS.
Status: in_force

18-502. DEFINITIONS. For purposes of this chapter:

(1) "Abortion" means the use or prescription of any instrument, medicine, drug or other substance or device to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth or to remove a dead unborn child who died as the result of natural causes in utero, accidental trauma, or a criminal assault on the pregnant woman or her unborn child, and which causes the premature termination of the pregnancy;

(2) "Attempt to perform or induce an abortion" means an act, or an omission of a statutorily required act, that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance or induction of an abortion in this state in violation of the provisions of this chapter;

(3) "Fertilization" means the fusion of a human spermatozoon with a human ovum;

(4) "Medical emergency" means a condition that, in reasonable medical judgment, so complicates the medical condition of the pregnant woman as to necessitate the immediate abortion of her pregnancy without first determining postfertilization age to avert her death or for which a delay will create a serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. No condition shall be deemed a medical emergency if based on a claim or diagnosis that the woman will engage in conduct that she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function;

(5) "Physician" means any person licensed to practice medicine and surgery or osteopathic medicine under chapter 18, title 54, Idaho Code;

(6) "Postfertilization age" means the age of the unborn child as calculated from the fertilization of the human ovum;

(7) "Probable postfertilization age of the unborn child" means what, in reasonable medical judgment, will with reasonable probability be the postfertilization age of the unborn child at the time the abortion is planned to be performed;

(8) "Reasonable medical judgment" means a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved;

(9) "Unborn child" or "fetus" means an individual organism of the species homo sapiens from fertilization until live birth; and

(10) "Woman" means a female human being whether or not she has reached the age of majority.

History:

[18-502, added 2011, ch. 324, sec. 1, p. 945.]
Idaho Code § 18-2419 — Idaho Code / Title 18 / Chapter 24 / Section 18-2419
18-2419 RECORDKEEPING REQUIREMENTS — VIOLATIONS.
Status: in_force

18-2419. Recordkeeping requirements — Violations. (1) A vendor of unused merchandise shall maintain receipts for the vendor's purchase of any unused merchandise sold or offered for sale by the vendor at an open market. The receipts shall be kept at the open market in which the unused merchandise is offered for sale and at the vendor's residence or principal place of business for two (2) years after the merchandise is sold. Each receipt shall specify:

(a) The date of the purchase;

(b) The name and address of the person from whom the unused merchandise was acquired;

(c) A description of the unused merchandise purchased, including any specific lot numbers or other identifying characteristics;

(d) The amount paid for the unused merchandise; and

(e) The signature of the buyer and the seller of the unused merchandise.

(2) It is a violation of the unused merchandise ownership protection act for a person to knowingly:

(a) Falsify, obliterate or destroy any receipt required to be kept pursuant to this section;

(b) At the request of a police officer, fail or refuse to produce any receipt required to be kept pursuant to this section; and

(c) Fail to maintain any receipt as required by this section.

History:

[18-2419, added 2000, ch. 130, sec. 1, p. 307.]
Idaho Code § 18-4016 — Idaho Code / Title 18 / Chapter 40 / Section 18-4016
18-4016 DEFINITION OF HUMAN EMBRYO AND FETUS — PROHIBITING THE PROSECUTION OF CERTAIN PERSONS.
Status: in_force

18-4016. Definition of human embryo and fetus — Prohibiting the prosecution of certain persons. (1) For purposes of this chapter "embryo" or "fetus" shall mean any human in utero.

(2) Nothing in this chapter, arising from the killing of an embryo or fetus, shall be construed to permit the prosecution:

(a) Of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law;

(b) Of any person for any medical treatment of the pregnant woman or her embryo or fetus; or

(c) Of any woman with respect to her embryo or fetus.

(3) Nothing in this chapter is intended to amend or nullify the provisions of chapter 6, title 18, Idaho Code.

History:

[18-4016, added 2002, ch. 330, sec. 3, p. 936; am. 2002, ch. 337, sec. 1, p. 953.]
Idaho Code § 18-6807 — Idaho Code / Title 18 / Chapter 68 / Section 18-6807
18-6807 INFORMATION REQUIRED OF PERSON MAKING REQUEST.
Status: in_force

18-6807. Information required of person making request. Any person requesting that another person using a telephone line relinquish the use of such line for the purpose of an emergency message shall inform such person of the nature of the emergency, and their name and telephone number upon request.

History:

[I.C., sec. 18-6807, as added by 1972, ch. 336, sec. 1, p. 971.]
Idaho Code § 18-7704 — Idaho Code / Title 18 / Chapter 77 / Section 18-7704
18-7704 PROHIBITION ON MINIMUM FEE GUARANTEE.
Status: in_force

18-7704. Prohibition on Minimum Fee Guarantee. It shall be unlawful for any license agreement which provides for a fee or other payment to the distributor based in whole or in part on the attendance or the box office receipts at a theatre within the state to contain or be conditioned upon a guarantee of a minimum payment to the distributor.

(2) Any provision, agreement or understanding which provides for such a guarantee shall be void, and any purported waiver of the prohibition in subsection (1) of section 4 of this act shall be void and unenforceable.

History:

[18-7704, added 1979, ch. 119, sec. 4, p. 369]
Idaho Code § 18-919 — Idaho Code / Title 18 / Chapter 9 / Section 18-919
18-919 SEXUAL EXPLOITATION BY A MEDICAL CARE PROVIDER.
Status: in_force

18-919. Sexual exploitation by a medical care provider. (a) Any person acting or holding himself out as a physician, surgeon, dentist, psychotherapist, chiropractor, nurse or other medical care provider as defined in this section, who engages in an act of sexual contact with a patient or client, is guilty of sexual exploitation by a medical care provider. For the purposes of this section, consent of the patient or client receiving medical care or treatment shall not be a defense. This section does not apply to sexual contact between a medical care provider and the provider's spouse, or a person in a domestic relationship who is also a patient or client. Violation of this section is punishable 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.

(b) For the purposes of this section:

(1) "Intimate part" means the sexual organ, anus, or groin of any person, and the breast of a female.

(2) "Medical care provider" means a person who gains the trust and confidence of a patient or client for the examination and/or treatment of a medical or psychological condition, and thereby gains the ability to treat, examine and physically touch the patient or client.

(3) "Sexual contact" means the touching of an intimate part of a patient or client for the purpose of sexual arousal, gratification, or abuse, and/or the touching of an intimate part of a patient or client outside the scope of a medical examination or treatment.

(4) "Touching" means physical contact with another person, whether accomplished directly, through the clothing of the person committing the offense, or through the clothing of the victim.

History:

[18-919, added 1996, ch. 300, sec. 1, p. 988.]
Idaho Code § 18-3314 — Idaho Code / Title 18 / Chapter 33 / Section 18-3314
18-3314 RESIDENT'S PURCHASE OF FIREARM OUT-OF-STATE.
Status: in_force

18-3314. Resident's purchase of firearm out-of-state. Residents of the state of Idaho may purchase rifles and shotguns in a state other than Idaho, provided that such residents conform to the applicable provisions of the federal gun control act of 1968, and regulations thereunder, and provided further, that such residents conform to the provisions of law applicable to such a purchase in Idaho and in the state in which the purchase is made.

History:

[18-3314, added 1972, ch. 336, sec. 1, p. 913; am. 2009, ch. 110, sec. 1, p. 363.]
Idaho Code § 18-4501 — Idaho Code / Title 18 / Chapter 45 / Section 18-4501
18-4501 KIDNAPPING DEFINED.
Status: in_force

18-4501. kidnapping defined. Every person who wilfully:

1. Seizes, confines, inveigles or kidnaps another, with intent to cause him, without authority of law, to be secretly confined or imprisoned within this state, or to be sent out of this state, or in any way held to service or kept or detained against his will; or,

2. Leads, takes, entices away or detains a child under the age of sixteen (16) years, with intent to keep or conceal it from its custodial parent, guardian or other person having lawful care or control thereof, or with intent to steal any article upon the person of the child; or,

3. Abducts, entices or by force or fraud unlawfully takes or carries away another at or from a place without the state, or procures, advises, aids or abets such an abduction, enticing, taking or carrying away, and afterwards sends, brings, has or keeps such person, or causes him to be kept or secreted within this state; or,

4. Seizes, confines, inveigles, leads, takes, entices away or kidnaps another against his will to extort money, property or any other thing of value or obtain money, property or reward or any other thing of value for the return or disposition of such person is guilty of kidnapping.

History:

[18-4501, added 1972, ch. 336, sec. 1, p. 936; am. 1985, ch. 121, sec. 1, p. 296; am. 2026, ch. 251, sec. 2, p. 1055.]
Idaho Code § 18-9101 — Idaho Code / Title 18 / Chapter 91 / Section 18-9101
18-9101 ADVERTISING ILLEGAL DRUGS PROHIBITED.
Status: in_force

18-9101. advertising illegal DRUGS prohibited. (1) Any person who willfully publishes any commercial advertisement, in any medium, within the state of Idaho for marijuana, narcotics, or other psychoactive substances that are illegal under Idaho Code and illegal under the laws of the jurisdiction where the marijuana, narcotics, or other psychoactive substances are provided, including federal, state, or local laws, is guilty of a misdemeanor, punishable in accordance with section 18-113, Idaho Code, with a fine of five hundred dollars ($500) to be imposed for each violation. Each day in which a violation of this section exists shall be considered a separate offense.

(2) As used in this section, "commercial advertisement" means an advertisement that encourages consumers to engage with products or services to benefit a commercial enterprise.

History:

[(18-9101) 18-9001, added 2025, ch. 252, sec. 1, p. 1116; am. and redesig. 2026, ch. 251, sec. 4, p. 1055.]
Idaho Code § 18-3326A — Idaho Code / Title 18 / Chapter 33 / Section 18-3326A
18-3326A SECOND AMENDMENT FINANCIAL PRIVACY ACT.
Status: in_force

18-3326A. second amendment financial privacy act. (1) For purposes of this section:

(a) "Ammunition" means ammunition or cartridge cases, primers, bullets, or propellant powder designed for use in any firearm;

(b) "Assign" or "assignment" means a payment network's policy, process, or practice that labels, links, or otherwise associates a firearms code with a merchant or payment card transaction in a manner that allows the payment network or any other entity facilitating or processing the payment card transaction to identify whether a merchant is a firearms retailer or whether a transaction involves the sale of firearms or ammunition;

(c) "Customer" means any person engaged in a payment card transaction that a financial institution facilitates or processes and any person or the person's duly authorized representative who has transacted business with or has used the services of a financial institution or for whom a financial institution has acted as a fiduciary in relation to an account maintained in such person's name;

(d) "Disclosure" means the transfer, publication, or distribution of protected financial information to another person for any purpose other than to process or facilitate a payment card transaction;

(e) "Financial institution" means:

(i) A bank, savings and loan association, trust company, or credit union chartered pursuant to any state or federal law, a regulated consumer lender, a money service business, payment card issuer, or other institutions that are by law under the jurisdiction and supervision of the department of finance or the federal deposit insurance corporation; and

(ii) An entity involved in facilitating or processing a payment card transaction, including but not limited to a bank, acquirer, gateway, payment card network, or payment card issuer;

(f) "Financial record" means:

(i) The original or a copy of any record or document held by a payment network pertaining to a customer of a financial institution utilizing the payment network, including any record of a transaction conducted by means of a customer bank communication terminal or other electronic device;

(ii) A financial record held by a payment network related to a payment card transaction that the financial institution has processed or facilitated; and

(iii) Any information derived from such records or documents;

(g) "Firearm" means any weapon that will, is designed to, or may readily be converted to expel a projectile by the action of an explosive;

(h) "Firearm accessory or component" means:

(i) Any device specifically adapted to enable the wearing or carrying about one's person or the storage or mounting in or on any conveyance of a firearm and any attachment or device specifically adapted to be inserted into or affixed onto any firearm to enable, alter, or improve the functioning or capabilities of the firearm;

(ii) Any item that is used in conjunction with or mounted upon a firearm, including but not limited to telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, braces, ammunition carriers, and lights for target illumination; and

(iii) Any component for making ammunition, reloading materials and equipment, machinery, and tools for manufacturing ammunition;

(i) "Firearms code" means any code or other indicator a payment network assigns to a merchant or to a payment card transaction that identifies whether a merchant is a firearms retailer or whether the payment card transaction involves the purchase of a firearm, firearm accessories or components, or ammunition. The term includes but is not limited to a merchant category code assigned to a retailer by a payment card network or other financial institution;

(j) "Firearms dealer" means any person engaged in the lawful business of selling or trading firearms or antique firearms, as those terms are defined in 18 U.S.C. 921, or ammunition to be used in firearms or antique firearms;

(k) "Government entity" means any state or local government agency or instrumentality thereof located in Idaho;

(l) "Merchant" means a person or entity that accepts payment cards from customers for the purchase of goods or services. The term includes a firearms retailer that accepts payment cards for the lawful purchase of firearms, firearm accessories or components, or ammunition;

(m) "Payment card" means a credit card, charge card, debit card, or any other card that is issued to an authorized card user and that allows the user to purchase goods or services from a merchant;

(n) "Payment network" means a debit or credit network through which funds may be transferred, such as credit card associations, electronic funds transfer networks, or other organizations, or associations, that issue or sponsor a financial transaction device. A payment network does not include any financial institution as defined in this section; and

(o) "Protected financial information" means any record of a sale, purchase, return, or refund involving a payment card that is retrieved, characterized, generated, labeled, sorted, or grouped based on the assignment of a firearms code. A customer's protected financial information refers to protected financial information appearing in the financial records of a customer.

(2) Except for those records kept during the regular course of a criminal investigation and prosecution or as otherwise required by law, a state government entity or local government, special district, or other political subdivision or official, agent, or employee of the state or other government entity or any other person, public or private, other than the owner or owner's representative, may not knowingly and willfully keep or cause to be kept any list, record, or registry of privately owned firearms or any list, record, or registry of the owners of those firearms.

(3) A payment network or its agent may not require the usage of a firearms code in a way that distinguishes a firearms retailer physically located in the state of Idaho from Idaho general merchandise retailers or sporting goods retailers.

(4) A payment network may not discriminate against a firearms retailer by:

(a) Declining a lawful payment card transaction based solely on the assignment or non-assignment of a firearms code to the merchant or transaction;

(b) Limiting or declining to do business with a customer, potential customer, or merchant based on the assignment or non-assignment of a firearms code to previous lawful transactions involving the customer, potential customer, or merchant;

(c) Charging a higher transaction or interchange fee to any merchant or for a lawful transaction based on the assignment or non-assignment of a firearms code; or

(d) Otherwise taking any action against a customer or merchant that is intended to suppress lawful commerce involving firearms, firearm accessories or components, or ammunition, which action is based solely or in part on the customer's or merchant's business involving firearms, firearm accessories or components, or ammunition.

(5) Except as otherwise required by law, a payment network may not disclose a financial record, including a firearms code that was collected in violation of this section.

(6) The attorney general may investigate alleged violations of this section and, upon finding a violation, shall provide written notice to any individual or entity, public or private, believed to be in violation of this section. Written notice to any commercial entity shall be made to the entity's registered agent. Upon receipt of such written notice from the attorney general, the entity shall have thirty (30) calendar days to cease the requirement for usage of the firearms code. At the attorney general's discretion, an entity may be granted up to an additional one hundred twenty (120) days to cease the requirement for usage of the firearms code.

(7)(a) Either a firearms retailer physically located within Idaho whose business was the subject of an alleged violation of this section or a customer who transacted at a firearms retailer physically located in Idaho whose business was the subject of an alleged violation of this section may petition the attorney general to investigate the alleged violation.

(b) If the attorney general does not commence an action within ninety (90) days of receiving the petition pursuant to this subsection, then the firearms retailer or customer may file an action in a court of competent jurisdiction to enjoin the individual or entity from requiring the firearms code in violation of this section.

(8) If an individual or entity is found to be requiring the usage of a firearms code by any merchant physically located in Idaho in violation of this section and fails to cease the requirement for usage of the firearms code by any firearms retailer physically located in Idaho after the expiration of thirty (30) calendar days from the receipt of written notice by the attorney general's office, the attorney general shall pursue an injunction against any individual or entity, public or private, alleged to be in violation of this section. The attorney general shall pursue an injunction pursuant to this section in a court of competent jurisdiction in the judicial district where the alleged violation occurred against the individual or entity in alleged violation of this section.

(a) If a court finds that an individual or entity continues to be in violation of this section after thirty (30) calendar days from receiving written notice from the attorney general or from a finding by the court of a violation of this section, then the court shall enjoin the individual or entity from continuing to require the usage of the firearms code.

(b) If an individual or entity knowingly and willfully fails to comply with an injunction as provided in this section within thirty (30) days after being served with the injunction, then the court shall impose a civil penalty in a sum not to exceed ten thousand dollars ($10,000) per violation of an injunction issued pursuant to this section, committed after the expiration of the thirty (30) calendar day period after the entity or individual, public or private, was served with the injunction. In assessing such a penalty, the court shall consider factors including the financial resources of the violator and the harm or risk of harm to second amendment rights resulting from the violation. Any order assessing a penalty for violation of this section shall be stayed pending appeal of the order.

(c) In addition to the remedies provided in this section, the attorney general or a petitioner who prevails in an action under this section shall recover costs, reasonable attorney's fees, and any other remedy the court deems appropriate.

(9) It shall not be a defense to an action filed pursuant to this section that such information was disclosed to a federal government entity, unless such disclosure or action was made based on a good faith conclusion that the disclosure or action was required by federal law or regulation.

History:

[18-3326A, added 2023, ch. 303, sec. 2, p. 914.]
Idaho Code § 18-2506 — Idaho Code / Title 18 / Chapter 25 / Section 18-2506
18-2506 ESCAPE BY ONE CHARGED WITH OR CONVICTED OF A MISDEMEANOR — ESCAPE BY A JUVENILE FROM CUSTODY.
Status: in_force

18-2506. Escape by one charged with or convicted of a misdemeanor — Escape by a juvenile from custody.

(1) (a) Every prisoner charged with or convicted of a misdemeanor who is confined in any county jail or other place or who is engaged in any county work outside of such jail or other place, or who is in the lawful custody of any officer or person, who escapes or attempts to escape therefrom, is guilty of a misdemeanor. Escape includes the intentional act of leaving the area of restriction set forth in a court order admitting a person to bail or release on a person's own recognizance with electronic or global positioning system tracking or monitoring, or the area of restriction set forth in a sentencing order, except for leaving the area of restriction for the purpose of obtaining emergency medical care. A person may not be charged with the crime of escape for leaving the aforementioned area of restriction unless the person was notified in writing by the court at the time of setting of bail, release or sentencing of the consequences of violating this section by intentionally leaving the area of restriction.

(b) In cases involving escape or attempted escape by use of threat, intimidation, force, violence, injury to person or property other than that of the prisoner, or wherein the escape or attempted escape was perpetrated by use or possession of any weapon, tool, instrument or other substance, the prisoner shall be guilty of a felony.

(2) Any person who is charged with, found to have committed, adjudicated for or is on probation for an offense which would be a misdemeanor if committed by an adult, and who is confined in a juvenile detention facility or other secure or nonsecure facility for juveniles and who escapes or attempts to escape from the facility or from the lawful custody of an officer or person, shall be subject to proceedings under the provisions of chapter 5, title 20, Idaho Code, for an act which would be a misdemeanor if committed by an adult, or, if the escape or attempted escape was undertaken as provided in subsection (1)(b) of this section, for an offense which would be a felony if committed by an adult. If the juvenile is or has been proceeded against as an adult, pursuant to section 20-508 or 20-509, Idaho Code, or was eighteen (18) years of age or older at the time of the escape or attempted escape, the person shall be guilty of a misdemeanor, or if subsection (1)(b) of this section applies, of a felony and, in either case, shall be subject to adult criminal proceedings.

History:

[18-2506, as added by 1972, ch. 336, sec. 1, p. 897; am. 1995, ch. 74, sec. 2, p. 195; am. 1997, ch. 77, sec. 2, p. 162; am. 2000, ch. 106, sec. 2, p. 235; am. 2007, ch. 114, sec. 2, p. 330; am. 2010, ch. 28, sec. 2, p. 48; am. 2015, ch. 75, sec. 2, p. 197.]
Idaho Code § 18-5812B — Idaho Code / Title 18 / Chapter 58 / Section 18-5812B
18-5812B PERSON MAY BE ACCOMPANIED BY A SERVICE DOG-IN-TRAINING — LIABILITY.
Status: in_force

18-5812B. Person may be accompanied by a service dog-in-training — Liability. (1) A person shall not be denied the use of any common carrier or public transportation facility or admittance to any hotel, motel, cafe, elevator, or any other place of public accommodation within the state of Idaho by reason of being accompanied by a dog-in-training. Such dog-in-training shall be properly leashed so that the person may maintain control of the dog.

(2) Access to public places for dogs-in-training may be temporarily denied if the dog is poorly groomed so as to create a health hazard or the person accompanying the dog cannot maintain control of the dog.

(3) The school or organization responsible for the dog-in-training shall be liable for any damages or injuries caused by the dog, and any third-party owner, lessor, or manager of the public property shall in no way suffer liability for damages or injuries caused by the dog-in-training.

(4) The dog-in-training shall be visually identified as a dog-in-training as provided in section 56-701A, Idaho Code.

History:

[18-5812B, added 1983, ch. 75, sec. 1, p. 162; am. 1992, ch. 58, sec. 4, p. 170; am. 1994, ch. 159, sec. 1, p. 360; am. 1997, ch. 267, sec. 7, p. 766; am. 2019, ch. 213, sec. 5, p. 646.]
Idaho Code § 18-1352 — Idaho Code / Title 18 / Chapter 13 / Section 18-1352
18-1352 BRIBERY IN OFFICIAL AND POLITICAL MATTERS.
Status: in_force

18-1352. Bribery in official and political matters. A person is guilty of bribery, a felony, if he offers, confers or agrees to confer upon another, or solicits, accepts or agrees to accept from another:

(1) Any pecuniary benefit as consideration for the recipient's decision, opinion, recommendation, vote or other exercise of discretion as a public servant, party official or voter; or

(2) Any benefit as consideration for the recipient's decision, vote, recommendation or other exercise of official discretion in a judicial or administrative proceeding; or

(3) Any benefit as consideration for a violation of a known legal duty as public servant or party official.

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.

History:

[18-1352, added 1972, ch. 381, sec. 20, p. 1102.]
Idaho Code § 18-2317 — Idaho Code / Title 18 / Chapter 23 / Section 18-2317
18-2317 DESTROYING OR DEFACING SUPPLIES.
Status: in_force

18-2317. Destroying or defacing supplies. No person shall, during the election, remove or destroy any of the supplies or conveniences placed in the booths or compartments for the purpose of enabling the voter to prepare his ballot, or prior to, or on the day of election, willfully deface or destroy any list of candidates posted in accordance with the provisions of title 34, Idaho Code, concerning elections. No person shall, during an election, tear down or deface the cards printed for the instruction of voters. Every person willfully violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and, upon conviction thereof in any court of competent jurisdiction, shall be fined in any sum not exceeding one thousand dollars ($1,000).

History:

[18-2317, added 1972, ch. 336, sec. 1, p. 892; am. 2006, ch. 71, sec. 4, p. 217.]
Idaho Code § 18-4117 — Idaho Code / Title 18 / Chapter 41 / Section 18-4117
18-4117 ENTERING A RESTROOM OR CHANGING ROOM OF THE OPPOSITE SEX.
Status: in_force

18-4117. entering a restroom or changing room of the opposite sex. (1) Any person who knowingly and willfully enters a restroom or changing room in a government-owned building or a place of public accommodation, as defined in section 67-5902, Idaho Code, that is designated for use by the opposite biological sex of such person shall be guilty of a misdemeanor and may be imprisoned in the county jail for a period not to exceed one (1) year. Any person who pleads guilty to or is found guilty of a violation of this section, a similar statute in another state, or any similar local ordinance for a second time within five (5) years of the first conviction, notwithstanding the form of judgment or withheld judgment, shall be guilty of a felony and may be imprisoned in the state prison for a period not to exceed five (5) years.

(2) The provisions of subsection (1) of this section shall not apply to an individual who enters a restroom or changing room designated for the opposite sex in any of the following circumstances:

(a) To perform custodial services or maintenance;

(b) To render medical assistance;

(c) To provide law enforcement assistance or to supervise any arrestee, detainee, or inmate in a custodial setting;

(d) To provide services or render aid during a natural disaster, during a declared emergency, or when necessary to prevent a serious threat to good order or safety;

(e) To use a single-user facility designated for the opposite sex, if such single-user facility is the only facility reasonably available at the time of the person's use of the facility;

(f) To use restroom facilities when the person is in dire need of urinating or defecating and such facility is the only facility reasonably available at the time of the person's use;

(g) To use restrooms, changing rooms, and sleeping quarters that have been temporarily designated for use by people of that person's biological sex;

(h) To provide coaching or athletic training during athletic events;

(i) To accompany and render assistance to a person who is in need of assistance when the person rendering assistance is:

(i) A family member or a legal guardian; or

(ii) The designee of the person in need of assistance and the designee is not a member of the designated sex for the single-sex restroom, changing facility, or sleeping quarters; or

(j) To a minor child who is in need of assistance and, for the purpose of receiving that assistance, is accompanied by a family member, a legal guardian, or the individual's designee who is a member of the designated sex for the single-sex restroom or changing facility.

(3) As used in this section, "changing room" means a facility in which a person may be in a state of undress in the presence of others, including a locker room, changing room, or shower room.

History:

[18-4117, added 2026, ch. 263, sec. 1, p. 1114.]
Idaho Code § 18-1102 — Idaho Code / Title 18 / Chapter 11 / Section 18-1102
18-1102 EXCEPTIONS TO PRECEDING SECTION.
Status: in_force

18-1102. Exceptions to preceding section. The last section does not extend:

1. To any person by reason of any former marriage, whose husband or wife by such marriage has been absent for five (5) successive years without being known to such person within that time to be living; nor,

2. To any person by reason of any former marriage which has been pronounced void, annulled, or dissolved by the judgment of a competent court.

History:

[18-1102, added 1972, ch. 336, sec. 1, p. 868.]
Idaho Code § 18-2704 — Idaho Code / Title 18 / Chapter 27 / Section 18-2704
18-2704 ASKING OR RECEIVING REWARDS.
Status: in_force

18-2704. Asking or receiving rewards. Every executive officer who asks or receives any emolument, gratuity or reward, or any promise thereof, excepting such as may be authorized by law, for doing any official act, is guilty of a misdemeanor.

History:

[18-2704, added 1972, ch. 336, sec. 1, p. 899.]
Idaho Code § 18-1508C — Idaho Code / Title 18 / Chapter 15 / Section 18-1508C
18-1508C AGGRAVATED LEWD CONDUCT WITH MINOR CHILD TWELVE OR UNDER.
Status: in_force

18-1508C. AGGRAVATED LEWD CONDUCT WITH MINOR CHILD TWELVE OR UNDER. [effective until January 1, 2027] Any person eighteen (18) years of age or older who commits any lewd or lascivious act or acts on or with the body or any part or member thereof of a minor child twelve (12) years of age or under, including but not limited to genital-genital contact, oral-genital contact, anal-genital contact, oral-anal contact, manual-anal contact, or manual-genital contact, whether between persons of the same or opposite sex, or who involves such minor child in any act of bestiality or sadomasochism as defined in section 18-1507, Idaho Code, when any of such acts are done with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of such person, such minor child, or a third party shall be guilty of felony aggravated lewd conduct with a minor child twelve (12) years of age or under if any two (2) of the following aggravating factors occurred during the commission of or to accomplish the lewd conduct:

(1) The defendant engaged in three (3) or more incidents of lewd conduct of a child involving the same victim on separate occasions;

(2) The defendant penetrated, however slight, the oral, anal, or vaginal opening of the victim with a penis;

(3) The victim was kidnapped as defined in section 18-4501, Idaho Code;

(4) The defendant committed the crime of human trafficking, as defined in section 18-8602, Idaho Code, against the victim;

(5) The defendant has been found guilty of or has plead guilty to any offense requiring sex offender registration as set forth in section 18-8304, Idaho Code;

(6) The defendant was, at the time of the offense, in a position of trust, or had supervisory or disciplinary power over the victim by virtue of the defendant's legal, professional, or occupational status and used the position of trust or power to accomplish the lewd conduct; or the defendant had, at the time of the offense, parental or custodial authority over the victim and used the authority to accomplish the lewd conduct;

(7) The defendant tortured the victim by the intentional infliction of extreme and prolonged pain with the intent to cause suffering or by the infliction of extreme and prolonged acts of brutality irrespective of proof of intent to cause suffering;

(8) The defendant used force or coercion;

(9) The defendant was armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon;

(10) The defendant caused great bodily injury, as defined in section 19-2520B, Idaho Code, or mutilation to the victim;

(11) The defendant's commission of the offense involved more than one (1) victim;

(12) The defendant's commission of the offense involved more than one (1) perpetrator;

(13) The victim contracted a sexually transmitted disease as a result of the lewd conduct;

(14) The victim was impregnated as a result of the lewd conduct;

(15) The defendant willfully and unlawfully choked or attempted to strangle the victim during the commission of the lewd conduct;

(16) The defendant provided alcohol, drugs, or other intoxicating substance to the victim; or

(17) The defendant knew or had reason to know that the victim had a developmental disability as defined in section 66-402(5), Idaho Code.

18-1508C. AGGRAVATED LEWD CONDUCT WITH MINOR CHILD TWELVE OR UNDER. [effective January 1, 2027] Any person eighteen (18) years of age or older who commits any lewd or lascivious act or acts on or with the body or any part or member thereof of a minor child twelve (12) years of age or under, including but not limited to genital-genital contact, oral-genital contact, anal-genital contact, oral-anal contact, manual-anal contact, or manual-genital contact, whether between persons of the same or opposite sex, or who involves such minor child in any act of bestiality or sadomasochism as defined in section 18-1507, Idaho Code, when any of such acts are done with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of such person, such minor child, or a third party shall be guilty of felony aggravated lewd conduct with a minor child twelve (12) years of age or under if any two (2) of the following aggravating factors occurred during the commission of or to accomplish the lewd conduct:

(1) The defendant engaged in three (3) or more incidents of lewd conduct of a child involving the same victim on separate occasions;

(2) The defendant penetrated, however slight, the oral, anal, or vaginal opening of the victim with a penis;

(3) The victim was kidnapped as defined in section 18-4501, Idaho Code;

(4) The defendant committed the crime of human trafficking, as defined in section 18-8602, Idaho Code, against the victim;

(5) The defendant has been found guilty of or has plead guilty to any offense requiring sex offender registration as set forth in section 18-8304, Idaho Code;

(6) The defendant was, at the time of the offense, in a position of trust, or had supervisory or disciplinary power over the victim by virtue of the defendant's legal, professional, or occupational status and used the position of trust or power to accomplish the lewd conduct; or the defendant had, at the time of the offense, parental or custodial authority over the victim and used the authority to accomplish the lewd conduct;

(7) The defendant tortured the victim by the intentional infliction of extreme and prolonged pain with the intent to cause suffering or by the infliction of extreme and prolonged acts of brutality irrespective of proof of intent to cause suffering;

(8) The defendant used force or coercion;

(9) The defendant was armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon;

(10) The defendant caused great bodily injury, as defined in section 19-2520B, Idaho Code, or mutilation to the victim;

(11) The defendant's commission of the offense involved more than one (1) victim;

(12) The defendant's commission of the offense involved more than one (1) perpetrator;

(13) The victim contracted a sexually transmitted disease as a result of the lewd conduct;

(14) The victim was impregnated as a result of the lewd conduct;

(15) The defendant willfully and unlawfully choked or attempted to strangle the victim during the commission of the lewd conduct;

(16) The defendant provided alcohol, drugs, or other intoxicating substance to the victim; or

(17) The defendant knew or had reason to know that the victim had a developmental disability as defined in section 66-402 (4), Idaho Code.

History:

[18-1508C, added 2025, ch. 177, sec. 2, p. 833; am. 2026, ch. 79, sec. 15, p. 400.]
Idaho Code § 18-4405 — Idaho Code / Title 18 / Chapter 44 / Section 18-4405
18-4405 CERTIFYING TO FALSE JURY LISTS.
Status: in_force

18-4405. Certifying to false jury lists. Every officer or person required by law to certify to the list of persons selected as jurors, who maliciously, corruptly or wilfully certifies to a false or incorrect list, or a list containing other names than those selected, or who, being required by law to write down the names placed on the certified lists on separate pieces of paper, does not write down and place in the jury box the same names that are on the certified list, and no more and no less than are on such list, is guilty of a felony.

History:

[18-4405, added 1972, ch. 336, sec. 1, p. 936.]
Idaho Code § 18-5502 — Idaho Code / Title 18 / Chapter 55 / Section 18-5502
18-5502 DENATURED ALCOHOL — REGULATION OF SALE AND TRANSFER.
Status: in_force

18-5502. Denatured alcohol — Regulation of sale and transfer. Denatured alcohol may be sold, given away, or transferred, in this state by any registered pharmacists, or other person. It shall be unlawful for any person to sell, give away, or transfer, denatured alcohol, preparations or compounds thereof, in any quantity, unless the container from which such denatured alcohol, preparation or compound thereof, is taken and the container in which it is delivered to the purchaser or transferee, has thereon printed in red ink the words "Denatured Alcohol," "Caution," "Poison," the name and address of the vendor or transferor, the percentage strength of grain alcohol in the contents of the container, the names of at least two readily obtainable antidotes, and the words "must not be used externally or internally," and the following caution as required by the United States government:

"Completely denatured alcohol is a violent poison. It can not be applied externally to human or animal tissue without seriously injurious results. It can not be taken internally without inducing blindness and general physical decay, ultimately resulting in death."

Provided nothing herein contained shall prohibit the transfer of denatured alcohol, preparation or compound thereof, direct from a container, labeled as above provided, to the radiator of any motor vehicle for anti-freeze purposes.

History:

[18-5502, added 1972, ch. 336, sec. 1, p. 950.]
Idaho Code § 18-5609 — Idaho Code / Title 18 / Chapter 56 / Section 18-5609
18-5609 INDUCING A CHILD INTO COMMERCIAL SEXUAL ACTIVITY — PENALTIES.
Status: in_force

18-5609. Inducing a child into commercial sexual activity — Penalties. Every person who induces or attempts to induce a child to engage in commercial sexual activity shall be guilty of a felony punishable by imprisonment in the state penitentiary for a period of not less than two (2) years, which may be extended to life imprisonment, or by a fine not exceeding fifty thousand dollars ($50,000), or by both such fine and imprisonment.

History:

[18-5609, added 1972, ch. 336, sec. 1, p. 953; am. 1981, ch. 324, sec. 9, p. 675; am. 1994, ch. 130, sec. 9, p. 295; am. 2024, ch. 147, sec. 11, p. 562.]
Idaho Code § 18-6702 — Idaho Code / Title 18 / Chapter 67 / Section 18-6702
18-6702 INTERCEPTION AND DISCLOSURE OF WIRE, ELECTRONIC OR ORAL COMMUNICATIONS PROHIBITED.
Status: in_force

18-6702. Interception and disclosure of wire, electronic or oral communications prohibited. (1) Except as otherwise specifically provided in this chapter, any person shall be guilty of a felony and 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 fine and imprisonment if that person:

(a) Willfully intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, electronic or oral communication; or

(b) Willfully uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when:

1. Such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or

2. Such device transmits communications by radio or interferes with the transmission of such communication; or

(c) Willfully discloses, or endeavors to disclose, to any other person the contents of any wire, electronic or oral communication, knowing or having reason to know that the information was obtained through the interception of a wire, electronic or oral communication in violation of this subsection; or

(d) Willfully uses, or endeavors to use, the contents of any wire, electronic or oral communication, knowing or having reason to know that the information was obtained through the interception of a wire, electronic or oral communication in violation of this subsection; or

(e) Intentionally discloses or endeavors to disclose to any other person the contents of any wire, electronic or oral communication, intercepted by means authorized by subsection (2)(b), (c), (f) or (g) of this section or by section 18-6708, Idaho Code, if that person:

(i) Knows or has reason to know that the information was obtained through the interception of such communication in connection with a criminal investigation; and

(ii) Has obtained or received the information in connection with a criminal investigation with the intent to improperly obstruct, impede or interfere with a duly authorized criminal investigation.

(2) (a) It is lawful under this chapter for an operator of a switchboard, or an officer, employee, or agent of a provider of wire or electronic communication service whose facilities are used in the transmission of a wire or electronic communication to intercept, disclose, or use that communication in the normal course of his employment while engaged in any activity which is a necessary incident to the rendition of his service or to the protection of the rights or property of the provider of that service, except that a provider of wire communication service to the public shall not utilize service observing or random monitoring except for mechanical or service quality control checks.

(b) It is lawful under this chapter for an officer, employee, or agent of the federal communications commission, in the normal course of his employment and in discharge of the monitoring responsibilities exercised by the commission in the enforcement of 47 U.S.C. ch. 5, to intercept a wire, electronic or oral communication transmitted by radio or to disclose or use the information thereby obtained.

(c) It is lawful under this chapter for a law enforcement officer or a person acting under the direction of a law enforcement officer to intercept a wire, electronic or oral communication when such person is a party to the communication or one (1) of the parties to the communication has given prior consent to such interception.

(d) It is lawful under this chapter for a person to intercept a wire, electronic or oral communication when one (1) of the parties to the communication has given prior consent to such interception.

(e) It is unlawful to intercept any communication for the purpose of committing any criminal act.

(f) It is lawful under this chapter for an employee of a telephone company to intercept a wire communication for the sole purpose of tracing the origin of such communication when the interception is requested by an appropriate law enforcement agency or the recipient of the communication and the recipient alleges that the communication is obscene, harassing, or threatening in nature.

(g) It is lawful under this chapter for an employee of a law enforcement agency, fire department or ambulance service, while acting in the scope of his employment, and while a party to the communication, to intercept and record incoming wire or electronic communications.

(h) It shall not be unlawful under this chapter for any person:

(i) To intercept or access an electronic communication made through an electronic communication system that is configured so that such electronic communication is readily accessible to the general public;

(ii) To intercept any radio communication that is transmitted:

(A) By any station for the use of the general public, or that relates to ships, aircraft, vehicles or persons in distress;

(B) By any governmental, law enforcement, civil defense, private land mobile or public safety communications system, including police and fire, readily accessible to the public;

(C) By a station operating on an authorized frequency within the bands allocated to the amateur, citizens band or general mobile radio services; or

(D) By any marine or aeronautical communication system;

(iii) To engage in any conduct that:

(A) Is prohibited by 47 U.S.C. section 553 (federal communications act of 1934); or

(B) Is excepted from the application of 47 U.S.C. section 605 (federal communications act of 1934);

(iv) To intercept any wire or electronic communication, the transmission of which is causing harmful interference to any lawfully operating station or consumer electronic equipment to the extent it is necessary to identify the source of such interference; or

(v) For other users of the same frequency to intercept any radio communication, if such communication is not scrambled or encrypted, made through a system that utilizes frequencies monitored by individuals engaged in the provision or the use of such system.

(i) It shall be lawful under this chapter for a provider of electronic communication service to record the fact that a wire or electronic communication was initiated or completed in order to protect such provider, another provider furnishing service toward the completion of the wire or electronic communication or a user of that service from the fraudulent, unlawful or abusive use of such service.

(3) (a) Except as provided in subsection (3)(b) of this section, a person or entity providing an electronic communication service to the public shall not intentionally divulge the contents of any communication other than to such person or entity or an agent thereof while in transmission on that service, to any person or entity other than an addressee or intended recipient of such communication or an agent of such addressee or intended recipient.

(b) A person or entity providing electronic communication service to the public may divulge the contents of any such communication:

(i) As otherwise authorized in section 18-6707, Idaho Code, or subsection (2)(a) of this section;

(ii) With the lawful consent of the originator or any addressee or intended recipient of such communication;

(iii) To a person employed or authorized, or whose facilities are used, to forward such communication to its destination; or

(iv) If such contents were inadvertently obtained by the service provider and appear to pertain to the commission of a crime, if such divulgence is made to a law enforcement agency.

History:

[18-6702, added 1980, ch. 326, sec. 2, p. 834; am. 2002, ch. 223, sec. 2, p. 634; am. 2004, ch. 303, sec. 1, p. 849.]
Idaho Code § 18-6102 — Idaho Code / Title 18 / Chapter 61 / Section 18-6102
18-6102 PROOF OF PHYSICAL ABILITY.
Status: in_force

18-6102. Proof of physical ability. No conviction for rape can be had against one who was under the age of fourteen (14) years at the time of the act alleged, unless his physical ability to accomplish penetration is proved as an independent fact, and beyond a reasonable doubt.

History:

[18-6102, added 1972, ch. 336, sec. 1, p. 962.]
Idaho Code § 18-7904 — Idaho Code / Title 18 / Chapter 79 / Section 18-7904
18-7904 EFFECT OF INVALIDITY OF PART OF THIS ACT.
Status: in_force

18-7904. Effect of invalidity of part of this act. If a court of competent jurisdiction shall adjudge to be invalid or unconstitutional any clause, sentence, paragraph, section, or part of this act, such judgment or decree shall not affect, impair, invalidate or nullify the remainder of this act, but the effect thereof shall be confined to the clause, sentence, paragraph, section or part of this act so adjudged to be invalid or unconstitutional.

History:

[18-7904, added 1983, ch. 110, sec. 2, p. 237.]
Idaho Code § 18-5623 — Idaho Code / Title 18 / Chapter 56 / Section 18-5623
18-5623 PERSONAL PROPERTY — RIGHTS OF THIRD PARTIES.
Status: in_force

18-5623. PERSONAL PROPERTY — RIGHTS OF THIRD PARTIES. (1) Within five (5) days of any of the events specified in section 18-5622, Idaho Code, notice, including a copy of the request for forfeiture, shall be given to each co-owner or party in interest who has or claims any right, title or interest in any such personal property according to one (1) of the following methods:

(a) Upon each co-owner of or party in interest in a titled motor vehicle, aircraft or other conveyance, by mailing notice by certified mail to the address of each co-owner and party in interest as given upon the records of the appropriate department of state or federal government where records relating to such conveyances are maintained;

(b) Upon each secured party and assignee designated as such in any UCC-1 financing statement on file in an appropriate filing office covering any personal property sought to be forfeited, by mailing notice by certified mail to the secured party and the assignee, if any, at their respective addresses as shown on such financing statement; or

(c) Upon each co-owner or party in interest whose name and address is known, by mailing notice by registered mail to the last known address of such person.

(2) Within twenty (20) days after the mailing of the notice, the co-owner or party in interest may file a verified answer and claim to the property described in the notice.

(3) If a verified answer is filed within twenty (20) days after mailing of the notice, the forfeiture proceeding against all co-owners and parties in interest who have filed verified answers shall be set for hearing before the court without a jury on a day not less than sixty (60) days after the mailing of the notice; and the proceeding shall have priority over other civil cases.

(a) At the hearing, any co-owner or party in interest who has a verified answer on file may show by competent evidence that his interest in the titled motor vehicle, aircraft or other conveyance is not subject to forfeiture because he could not have known in the exercise of reasonable diligence that the titled motor vehicle, aircraft or other conveyance was being used, had been used or was intended to be used for the purposes described in section 18-5612, Idaho Code.

(b) A co-owner or claimant of any right, title or interest in the property may prove that his right, title or interest, whether under a lien, mortgage, security agreement, conditional sales contract or otherwise, was created without any knowledge or reason to believe that the property was being used, had been used or was intended to be used for the purpose alleged.

(i) In the event of such proof, the court shall order that portion of the property or interest released to the bona fide or innocent co-owner, purchaser, lienholder, mortgagee, secured party or conditional sales vendor.

(ii) If the amount due to such person is less than the value of the property, the property may be sold at public auction or in another commercially reasonable method by the attorney general or appropriate prosecuting attorney. If sold at public auction, the attorney general or appropriate prosecuting attorney shall publish a notice of the sale by at least one (1) publication in a newspaper published and circulated in the city, community or locality where the sale is to take place at least one (1) week prior to sale of the property. The proceeds from such sale shall be distributed as follows in the order indicated:

1. To the bona fide or innocent co-owner, purchaser, conditional sales vendor, lienholder, mortgagee or secured party of the property, if any, up to the value of his interest in the property;

2. The balance, if any, in the following order:

(A) To the attorney general or appropriate prosecuting attorney for all expenditures made or incurred in connection with the sale, including expenditure for any necessary repairs, storage or transportation of the property, and for all expenditures made or incurred by him in connection with the forfeiture proceedings including, but not limited to, expenditures for witnesses' fees, reporters' fees, transcripts, printing, traveling and investigation.

(B) To the law enforcement agency of this state that seized the property for all expenditures for traveling, investigation, storage and other expenses made or incurred after the seizure and in connection with the forfeiture of any property seized under the provisions of this chapter.

(C) The remainder, if any, to the crime victims compensation account as established in section 72-1009, Idaho Code.

(4) Notwithstanding any other provision of this section, upon being satisfied that the interest of a co-owner or claimant should not be subject to forfeiture because they neither knew nor should have known that the personal property was being used or had been used for the purposes alleged, or that due to preexisting security interests in such property there is no equity that may be forfeited, the attorney general or appropriate prosecuting attorney may release the property to the co-owner, holder of the security interest or other claimant.

(5) In any case, the attorney general or appropriate prosecuting attorney may, within thirty (30) days after order of forfeiture, pay the balance due to the bona fide lienholder, mortgagee, secured party or conditional sales vendor and thereby purchase the property for use to enforce this chapter.

History:

[18-5623, added 2013, ch. 249, sec. 6, p. 603; am. 2014, ch. 97, sec. 2, p. 266.]
Idaho Code § 18-4909 — Idaho Code / Title 18 / Chapter 49 / Section 18-4909
18-4909 EXCEPTIONS.
Status: in_force

18-4909. Exceptions. The provisions of this chapter shall not apply to government land drawings, or to Carey act land drawings, or to the partitioning or division of real property and improvements thereon between joint owners or tenants in common by lot or any other method that such joint owners or tenants in common or their representative may agree upon. The provisions of this chapter shall not apply to advertising and promotional activities, whether or not conducted by mass media techniques, in which prizes may be awarded.

History:

[18-4909, added 1972, ch. 336, sec. 1, p. 946; am. 1976, ch. 174, sec. 1, p. 636.]
Idaho Code § 18-8608 — Idaho Code / Title 18 / Chapter 86 / Section 18-8608
18-8608 HUMAN SEX TRAFFICKING OF A CHILD.
Status: in_force

18-8608. human sex trafficking of a child. A person who is eighteen (18) years of age or older commits the felony of human sex trafficking of a child if the person:

(1) Traffics a child and knowingly, by any means, causes or attempts to cause 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 18-924 (sexual battery);

(ii) Section 18-925 (aggravated sexual battery);

(iii) Section 18-6101 (rape);

(iv) Section 18-1506 (sexual abuse of a child under sixteen years);

(v) Section 18-1507 (sexual exploitation of a child);

(vi) Section 18-1507A (sexual exploitation of a child by electronic means);

(vii) Section 18-1508 (lewd conduct with a minor child under sixteen);

(viii) Section 18-1508A (sexual battery of a minor child sixteen or seventeen years of age);

(ix) Section 18-5602 (procurement);

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

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

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

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

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

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

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

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

(xviii) Section 18-5613 (providing commercial sexual activity);

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

(xx) Section 18-6601 (incest);

(xxi) Section 18-6602 (sexual abuse of an animal);

(xxii) Section 18-6603 (sexual abuse of human remains); or

(xxiii) Section 18-6604 (forcible penetration by use of a foreign object);

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

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

History:

[18-8608, added 2024, ch. 147, sec. 29, p. 568; am. 2025, ch. 211, sec. 11, p. 977.]
Idaho Code § 18-4706 — Idaho Code / Title 18 / Chapter 47 / Section 18-4706
18-4706 DISQUALIFICATION TO HOLD OFFICE ON CONVICTION.
Status: in_force

18-4706. Disqualification to hold office on conviction. Every member of the legislature convicted of any crime defined in this chapter, in addition to the punishment prescribed, forfeits his office, and is forever disqualified from holding any office in this state.

History:

[18-4706, added 1972, ch. 336, sec. 1, p. 943.]
Idaho Code § 18-8004A — Idaho Code / Title 18 / Chapter 80 / Section 18-8004A
18-8004A PENALTIES — PERSONS UNDER 21 WITH LESS THAN 0.08 ALCOHOL CONCENTRATION.
Status: in_force

18-8004A. Penalties — Persons under 21 with less than 0.08 alcohol concentration. (1) Any person found guilty of a violation of subsection (1)(d) of section 18-8004, Idaho Code, shall be guilty of a misdemeanor; and, for a first offense:

(a) Shall be fined an amount not to exceed one thousand dollars ($1,000);

(b) Shall have his driving privileges suspended by the court for a period of one (1) year, ninety (90) days of which shall not be reduced and during which period absolutely no driving privileges of any kind may be granted. After the period of absolute suspension of driving privileges has passed, the defendant may request restricted driving privileges which the court may allow, if the defendant shows by a preponderance of the evidence that driving privileges are necessary as deemed appropriate by the court;

(c) Shall be advised by the court in writing at the time of sentencing of the penalties that will be imposed for any subsequent violation of the provisions of this section or any violation of section 18-8004, Idaho Code, which advice shall be signed by the defendant, and a copy retained by the court and another copy retained by the prosecuting attorney;

(d) Shall be required to undergo an alcohol evaluation and otherwise comply with the requirements of section 18-8005(11) and (15), Idaho Code, as ordered by the court.

(2) Any person who pleads guilty to or is found guilty of a violation of the provisions of subsection (1)(d) of section 18-8004, Idaho Code, who previously has been found guilty of or has pled guilty to a violation of the provisions of section 18-8004(1)(a), (b), (c) or (d), Idaho Code, or any substantially conforming foreign criminal violation, as defined in section 18-8005(10), Idaho Code, notwithstanding the form of the judgment or withheld judgment, is guilty of a misdemeanor; and:

(a) Shall be sentenced to jail for a mandatory minimum period of five (5) days, as required by 23 U.S.C. section 164, not to exceed thirty (30) days;

(b) Shall be fined an amount of not less than five hundred dollars ($500) nor more than two thousand dollars ($2,000);

(c) Shall have his driving privileges suspended by the court for a period not to exceed two (2) years, one (1) year of which shall be absolute and shall not be reduced and during which period absolutely no driving privileges of any kind may be granted;

(d) Shall, while operating a motor vehicle, be required to drive only a motor vehicle equipped with a functioning ignition interlock system, as provided in section 18-8008, Idaho Code, following the mandatory one (1) year license suspension period;

(e) Shall be advised by the court in writing at the time of sentencing of the penalties that will be imposed for subsequent violations of the provisions of this section or section 18-8004, Idaho Code, which advice shall be signed by the defendant, and a copy retained by the court and another copy retained by the prosecuting attorney; and

(f) Shall undergo an alcohol evaluation and comply with the other requirements of section 18-8005 (11) and (15), Idaho Code.

(3) Any person who pleads guilty to or is found guilty of a violation of the provisions of subsection (1)(d) of section 18-8004, Idaho Code, who previously has been found guilty of or has pled guilty to two (2) or more violations of the provisions of section 18-8004(1)(a), (b), (c) or (d), Idaho Code, or any substantially conforming foreign criminal violation, within five (5) years, notwithstanding the form of the judgment or withheld judgment, shall be guilty of a misdemeanor; and:

(a) Shall be sentenced to jail for a mandatory minimum period of ten (10) days, as required by 23 U.S.C. section 164, not to exceed six (6) months;

(b) Shall be fined an amount of not less than one thousand dollars ($1,000) nor more than two thousand dollars ($2,000);

(c) Shall surrender his driver's license or permit to the court;

(d) Shall have his driving privileges suspended by the court for a mandatory minimum period of one (1) year, during which period absolutely no driving privileges of any kind may be granted, or until such person reaches the age of twenty-one (21) years, whichever is greater;

(e) Shall, while operating a motor vehicle, be required to drive only a motor vehicle equipped with a functioning ignition interlock system, as provided in section 18-8008, Idaho Code, following the mandatory one (1) year license suspension period; and

(f) Shall undergo an alcohol evaluation and comply with all other requirements imposed by the court pursuant to section 18-8005(11) and (15), Idaho Code.

(4) All provisions of section 18-8005, Idaho Code, not otherwise in conflict with or provided for in this section shall apply to any sentencing imposed under the provisions of this section.

(5) A person violating the provisions of section 18-8004(1)(d), Idaho Code, may be prosecuted under title 20, Idaho Code.

(6) Any person whose driving privileges are suspended, revoked, canceled or disqualified under the provisions of this chapter shall not be granted privileges to operate a commercial motor vehicle during the period of suspension, revocation, cancellation or disqualification.

History:

[18-8004A, added 1994, ch. 422, sec. 2, p. 1324; am. 1997, ch. 158, sec. 2, p. 459; am. 1999, ch. 246, sec. 1, p. 633; am. 2000, ch. 247, sec. 1, p. 693; am. 2002, ch. 335, sec. 1, p. 950; am. 2005, ch. 352, sec. 2, p. 1090; am. 2009, ch. 184, sec. 3, p. 593; am. 2025, ch. 171, sec. 4, p. 813.]
Idaho Code § 18-103 — Idaho Code / Title 18 / Chapter 1 / Section 18-103
18-103 CIVIL REMEDIES PRESERVED.
Status: in_force

18-103. Civil remedies preserved. The omission to specify or affirm in this code any liability to damages, penalty, forfeiture, or other remedy imposed by law and allowed to be recovered or enforced in any civil action or proceeding, for any act or omission declared punishable herein, does not affect any right to recover or enforce the same.

History:

[18-103, added 1972, ch. 336, sec. 1, p. 847.]
Idaho Code § 18-3106 — Idaho Code / Title 18 / Chapter 31 / Section 18-3106
18-3106 DRAWING CHECK WITHOUT FUNDS — DRAWING CHECK WITH INSUFFICIENT FUNDS — PRIMA FACIE EVIDENCE OF INTENT — STANDING OF PERSON HAVING ACQUIRED RIGHTS — PROBATION CONDITIONS.
Status: in_force

18-3106. Drawing check without funds — Drawing check with insufficient funds — Prima facie evidence of intent — Standing of person having acquired rights — Probation conditions. (a) Any person who for himself or as the agent or representative of another or as an officer of a corporation, willfully, with intent to defraud shall make or draw or utter or deliver, or cause to be made, drawn, uttered or delivered, any check, draft or order for the payment of money upon any bank or depositary, or person, or firm, or corporation, knowing at the time of such making, drawing, uttering or delivery that the maker or drawer has no funds in or credit with such bank or depositary, or person, or firm, or corporation, for the payment in full of such check, draft or order upon its presentation, although no express representation is made with reference thereto, shall upon conviction be punished by imprisonment in the state prison for a term not to exceed three (3) years or by a fine not to exceed fifty thousand dollars ($50,000) or by both such fine and imprisonment.

(b) Any person who for himself or as the agent or representative of another or as an officer of a corporation, willfully, with intent to defraud shall make, draw, utter or deliver, or cause to be made, drawn, uttered or delivered, any check, draft or order for the payment of money in the sum of two hundred fifty dollars ($250) or more, or any series of transactions as defined in subsection (f) of this section, upon any bank or depositary, or person, or firm, or corporation, knowing at the time of such making, drawing, uttering or delivery that the maker or drawer has some but not sufficient funds in or credit with such bank or depositary, or person, or firm, or corporation, for the full payment of such check, draft or order or series of transactions upon presentation, although no express representation is made with reference thereto, shall upon conviction be punished by imprisonment in the state prison for a term not to exceed three (3) years, or by a fine not to exceed fifty thousand dollars ($50,000), or by both such fine and imprisonment.

(c) Any person who for himself or as the agent or representative of another or as an officer of a corporation, willfully, with intent to defraud, shall make, draw, utter or deliver, or cause to be made, drawn, uttered, or delivered, any check, draft or order for payment of money, in a sum less than two hundred fifty dollars ($250), which is not part of a series of transactions as defined in subsection (f) of this section, upon any bank or depositary, or person, or firm, or corporation, knowing at the time of such making, drawing, uttering or delivery that the maker or drawer has some but not sufficient funds in or credit with such bank or depositary, or firm, or person, or corporation, for the full payment of such check, draft or order upon its presentation, although no express representation is made with reference thereto, shall upon conviction for a first offense be punished by imprisonment in the county jail for a term not exceeding six (6) months, or by a fine not exceeding one thousand dollars ($1,000) or by both such fine and imprisonment; and upon a second conviction the person so convicted shall be punished by imprisonment in the county jail for a term not exceeding one (1) year, or by a fine not exceeding two thousand dollars ($2,000), or by both such fine and imprisonment; provided, however, that upon a third or subsequent conviction, the person so convicted shall be punished by imprisonment in the state prison for a term not exceeding three (3) years, or by a fine not exceeding fifty thousand dollars ($50,000), or by both such fine and imprisonment.

(d) As against the maker or drawer thereof, the making, drawing, uttering or delivering of such check, draft or order as aforesaid shall be prima facie evidence of intent to defraud and of knowledge of no funds or insufficient funds, as the case may be, in or credit with such bank, or depositary, or person, or firm, or corporation, for the payment in full of such check, draft or order upon its presentation. This prima facie intent to defraud and knowledge of no funds or insufficient funds, as the case may be, shall not be negated by evidence that the check draft or order was for payment of a preexisting debt, including open accounts. The word "credit" as used herein shall be construed to mean an arrangement or understanding with the bank or depositary, or person, or firm, or corporation upon whom such check, draft or order is drawn for the payment of such check, draft or order.

(e) Any person having acquired rights with respect to a check which is not paid because the drawer has no funds, no account or insufficient funds, shall have standing to file a complaint under this section, regardless of whether he is the payee, holder or bearer of the check.

(f) For purposes of this section a "series of transactions" means a series of checks, drafts or orders for the payment of money which are less than two hundred fifty dollars ($250.00) individually but in the aggregate total two hundred fifty dollars ($250) or more, and which are made, uttered, drawn or delivered in violation of this section as part of a common scheme or plan.

(g) If a sentence of probation is ordered for violation of this section, the court as a condition of probation may require the defendant to make restitution on all checks issued and which are unpaid at the date of commencement of the probation in addition to any other terms and conditions appropriate for the treatment and rehabilitation of the defendant.

History:

[I.C., sec. 18-3106, as added by 1972, ch. 336, sec. 1, p. 884; am. 1979, ch. 214, sec. 1, p. 597; am. 1994, ch. 184, sec. 1, p. 602; am. 1996, ch. 306, sec. 1, p. 1004; am. 1998, ch. 324, sec. 1, p. 1048.]
Idaho Code § 18-2301 — Idaho Code / Title 18 / Chapter 23 / Section 18-2301
18-2301 OFFICIAL NEGLECT OR MALFEASANCE.
Status: in_force

18-2301. Official neglect or malfeasance. Every person charged with the performance of any duty, under the provisions of any law of this state relating to elections, who wilfully neglects or refuses to perform it, or who, in his official capacity, knowingly and fraudulently acts in contravention or violation of any of the provisions of such laws, is, unless a different punishment for such acts or omissions is prescribed by this Code, punishable by fine not exceeding one thousand dollars ($1,000), or by imprisonment in the state prison not exceeding five (5) years, or by both and shall in addition thereto, and regardless of whether or not criminal prosecution is undertaken, be subject to removal from office as provided in title 19, chapter 41, Idaho Code.

History:

[18-2301, added 1972, ch. 336, sec. 1, p. 888.]
Idaho Code § 18-1001 — Idaho Code / Title 18 / Chapter 10 / Section 18-1001
18-1001 COMMON BARRATRY.
Status: in_force

18-1001. Common barratry. Common barratry is the practice of exciting groundless judicial proceedings, and is punishable by imprisonment in the county jail not exceeding six (6) months and by fine not exceeding $500.

History:

[18-1001, added 1972, ch. 336, sec. 1, p. 867.]
Idaho Code § 18-7029 — Idaho Code / Title 18 / Chapter 70 / Section 18-7029
18-7029 PLACING POSTERS OR PROMOTIONAL MATERIAL ON PUBLIC OR PRIVATE PROPERTY WITHOUT PERMISSION.
Status: in_force

18-7029. Placing posters or promotional material on public or private property without permission. It shall be unlawful for any person to erect, install, attach or paint, or cause to be erected, installed, attached or painted, election posters or signs upon public or private property, real or personal, in the state of Idaho, without permission from the owner or occupant of such property, and it shall be unlawful for any person to place or leave any literature or other political, promotional or sales materials upon public or private property, real or personal, in the state of Idaho when the owner or occupant of such property, by a sign conspicuously posted on the property, or by other written or audio communication to such person, has forbidden the placing or leaving of literature or other political, promotional or sales material upon that property. Provided, however, that the granting of such permission by any public utility company on behalf of any candidate for public office shall constitute the granting of like permission by such public utility company to all other candidates for the same public office. Any violation of this section shall be a misdemeanor.

History:

[I.C., sec. 18-7029, as added by 1972, ch. 336, sec. 1, p. 979; am. 1994, ch. 167, sec. 8, p. 377.]
Idaho Code § 18-4403 — Idaho Code / Title 18 / Chapter 44 / Section 18-4403
18-4403 DISCLOSING PROCEEDINGS BEFORE GRAND JURY.
Status: in_force

18-4403. Disclosing proceedings before grand jury. Every grand juror who, except when required by a court, wilfully discloses any evidence adduced before the grand jury, or anything which he himself or any other member of the grand jury may have said, or in what manner he or any other grand juror may have voted on a matter before them, is guilty of a misdemeanor.

History:

[18-4403, added 1972, ch. 336, sec. 1, p. 936.]
Idaho Code § 18-8309 — Idaho Code / Title 18 / Chapter 83 / Section 18-8309
18-8309 DUTY TO UPDATE REGISTRATION INFORMATION.
Status: in_force

18-8309. duty to update registration information. (1) If an offender subject to registration changes his or her name, street address or actual address, employment or student status, the offender shall appear in person within two (2) working days after the change at the office of the sheriff of the county where the offender is required to register and notify the sheriff of all changes in the information required for that offender in the sex offender registry. Provided however, nonresidents employed in this jurisdiction in counseling, coaching, teaching, supervising or working with minors in any way, regardless of the period of employment, shall register before the commencement of such employment. Within three (3) working days after receipt of the notice, the sheriff shall notify the department of the changed information and the department shall notify all other counties and jurisdictions in which the offender is required to register. An offender satisfies the notification requirements set forth in this subsection if he or she appears in another jurisdiction in which registration is required and notifies that jurisdiction of the changed information.

(2) An offender required to register shall immediately notify the department of any lodging lasting seven (7) days or more, regardless of whether the lodging would be considered a residence as defined in section 18-8303, Idaho Code. The department shall immediately notify the jurisdiction in which the lodging will occur if different than the jurisdiction in which the offender is required to register.

(3) An offender required to register shall immediately notify the department of any changes in his or her vehicle information and of any changes in designations used for self-identification or routing in internet communications or postings or telephonic communications.

(4) If this jurisdiction is notified that an offender who is required to register is expected to commence residence, employment or school attendance in this jurisdiction, but the offender fails to appear for registration as required, this jurisdiction shall inform the jurisdiction that provided the notification that the offender failed to appear and shall follow the procedures for cases involving possible violations of registration requirements set forth in the rules of procedures promulgated by the department.

(5) An offender required to register in Idaho shall notify the county in which he or she is registered of his or her intent to commence residence, employment or school attendance outside of the United States. Once notified, the county shall notify the central registry, which shall notify all other counties and jurisdictions in which the offender is required to register and notify the United States marshals service and update the registry accordingly.

(6) Upon receipt of information pursuant to this section, the department shall notify the law enforcement agencies in the counties where the offender resides or will reside, enter information in the central registry and transmit the appropriate information as required pursuant to section 18-8324, Idaho Code. Upon receipt of a notice of an offender changing residence to another jurisdiction or entering another jurisdiction for employment purposes or to attend school, the department shall notify those agencies entitled to notification pursuant to section 18-8324, Idaho Code.

(7) The department shall notify the attorney general of the United States and appropriate law enforcement agencies of any failure by an offender to comply with the requirements of this chapter and revise the registry to reflect the nature of that failure.

History:

[18-8309, added 2011, ch. 311, sec. 9, p. 891.]
Idaho Code § 18-4007 — Idaho Code / Title 18 / Chapter 40 / Section 18-4007
18-4007 PUNISHMENT FOR MANSLAUGHTER.
Status: in_force

18-4007. Punishment for manslaughter. Manslaughter is punishable as follows:

(1) Voluntary — by a fine of not more than fifteen thousand dollars ($15,000), or by a sentence to the custody of the state board of correction not exceeding fifteen (15) years, or by both such fine and imprisonment.

(2) Involuntary — by a fine of not more than ten thousand dollars ($10,000), or by a sentence to the custody of the state board of correction not exceeding ten (10) years, or by both such fine and imprisonment.

(3) Vehicular — in the operation of a motor vehicle:

(a) For a violation of section 18-4006(3)(a), Idaho Code, by a fine of not more than ten thousand dollars ($10,000), or by a sentence to the custody of the state board of correction not exceeding ten (10) years, or by both such fine and imprisonment.

(b) For a violation of section 18-4006(3)(b), Idaho Code:

(i) For a person who has not previously been found guilty of or pled guilty to a violation of the provisions of section 18-8004 or 18-8006, Idaho Code, or any substantially conforming foreign criminal violation, as described in section 18-8005(10), Idaho Code, by a fine of not more than fifteen thousand dollars ($15,000), or by a sentence to the custody of the state board of correction not exceeding fifteen (15) years, or by both such fine and imprisonment.

(ii) For a person who has previously been found guilty of or pled guilty once to a violation of the provisions of section 18-8004 or 18-8006, Idaho Code, or any substantially conforming foreign criminal violation, as described in section 18-8005(10), Idaho Code, notwithstanding the form of the judgment or withheld judgment, by a fine of not more than twenty thousand dollars ($20,000) and by a sentence to the custody of the state board of correction for a mandatory minimum fixed term of imprisonment of five (5) years, not to exceed twenty-five (25) years.

(iii) For a person who has previously been found guilty of or pled guilty two (2) or more times to a violation of the provisions of section 18-8004 or 18-8006, Idaho Code, or any substantially conforming foreign criminal violation, as described in section 18-8005(10), Idaho Code, notwithstanding the form of the judgment or withheld judgment, by a fine of not more than twenty thousand dollars ($20,000) and by a sentence to the custody of the state board of correction for a mandatory minimum fixed term of imprisonment of ten (10) years, not to exceed twenty-five (25) years.

(c) For a violation of section 18-4006(3)(c), Idaho Code, by a fine of not more than two thousand dollars ($2,000), or by a jail sentence not exceeding one (1) year, or by both such fine and jail sentence.

(d) In addition to the foregoing, any person convicted of a violation of section 18-4006(3), Idaho Code, that resulted in the death of the parent or parents of minor children may be ordered by the court to pay support for each such minor child until the child reaches the age of eighteen (18) years. In setting the amount of support, the court shall consider all relevant factors. The nonpayment of such support shall be subject to enforcement and collection by the surviving parent or guardian of the child in the same manner that other child support orders are enforced as provided by law. In no event shall the child support judgment or order imposed by the court under this section be paid or indemnified by the proceeds of any liability insurance policy.

(e) In addition to the foregoing, the driver's license of any person convicted of a violation of section 18-4006(3), Idaho Code, may be suspended for a time determined by the court.

History:

[18-4007, added 1983, ch. 3, 1st E.S., sec. 19, p. 22; am. 1992, ch. 33, sec. 1, p. 97; am. 1994, ch. 413, sec. 1, p. 1302; am. 1997, ch. 311, sec. 1, p. 922; am. 2002, ch. 356, sec. 1, p. 1013; am. 2009, ch. 166, sec. 2, p. 496; am. 2025, ch. 171, sec. 1, p. 807.]
Idaho Code § 18-8601 — Idaho Code / Title 18 / Chapter 86 / Section 18-8601
18-8601 LEGISLATIVE INTENT.
Status: in_force

18-8601. Legislative intent. It is the intent of the legislature to address the growing problem of human trafficking and to provide criminal sanctions for persons who engage in human trafficking in this state. In addition to the other provisions enumerated in this chapter, the legislature finds that it is appropriate for members of the law enforcement community to receive training from the respective training entities in order to increase awareness of human trafficking cases occurring in Idaho and to assist and direct victims of such trafficking to available community resources.

History:

[(18-8601) 18-8501, added 2006, ch. 85, sec. 1, p. 249; am. and redesig. 2007, ch. 90, sec. 4, p. 249; am. 2019, ch. 143, sec. 1, p. 491.]
Idaho Code § 18-2711 — Idaho Code / Title 18 / Chapter 27 / Section 18-2711
18-2711 APPLICATION OF CHAPTER.
Status: in_force

18-2711. Application of chapter. The various provisions of this chapter apply to administrative and ministerial officers, in the same manner as if they were mentioned therein.

History:

[18-2711, added 1972, ch. 336, sec. 1, p. 900.]
Idaho Code § 18-8326 — Idaho Code / Title 18 / Chapter 83 / Section 18-8326
18-8326 PENALTIES FOR VIGILANTISM OR OTHER MISUSE OF INFORMATION OBTAINED UNDER THIS CHAPTER.
Status: in_force

18-8326. Penalties for vigilantism or other misuse of information obtained under this chapter. Any person who uses information obtained pursuant to this chapter to commit a crime or to cause physical harm to any person or damage to property shall be guilty of a misdemeanor and, in addition to any other punishment, be subject to imprisonment in the county jail for a period not to exceed one (1) year, or by a fine not to exceed one thousand dollars ($1,000) or both.

History:

[18-8326, added 1998, ch. 411, sec. 2, p. 1290.]
Idaho Code § 18-7706 — Idaho Code / Title 18 / Chapter 77 / Section 18-7706
18-7706 PROHIBITION ON REQUIREMENT OF ADVANCE PAYMENT AS SECURITY.
Status: in_force

18-7706. Prohibition on Requirement of Advance Payment as Security. (1) It shall be unlawful for any license agreement for the exhibition of a motion picture at a theatre within the state to contain or be conditioned upon a provision, agreement or understanding that the exhibitor shall advance any funds prior to the exhibition of the picture as security for the performance of the license agreement or to be applied to payments under such agreement.

(2) Any provision, agreement or understanding which provides for such an advance shall be void, and any purported waiver of the prohibition in subsection (1) of section 6 of this act shall be void and unenforceable.

History:

[18-7706, added 1979, ch. 119, sec. 6, p. 369]
Idaho Code § 18-1903 — Idaho Code / Title 18 / Chapter 19 / Section 18-1903
18-1903 USE OF FALSE NAME IN PROSPECTUS.
Status: in_force

18-1903. Use of false name in prospectus. Every person who, without being authorized so to do, subscribes the name of another to, or inserts the name of another in, any prospectus, circular or other advertisement or announcement of any corporation or joint stock association, existing or intended to be formed, within intent to permit the same to be published, and thereby to lead persons to believe that the person whose name is so subscribed is an officer, agent, member or promoter of such corporation or association, is guilty of a misdemeanor.

History:

[18-1903, added 1972, ch. 336, sec. 1, p. 880.]
Idaho Code § 18-4202 — Idaho Code / Title 18 / Chapter 42 / Section 18-4202
18-4202 ACTING AS PHYSICIAN WHILE INTOXICATED.
Status: in_force

18-4202. Acting as physician while intoxicated. Every physician who, in a state of intoxication, does any act as such physician to another person by which the life of such other person is endangered, is guilty of a misdemeanor.

History:

[18-4202, added 1972, ch. 336, sec. 1, p. 933.]
Idaho Code § 18-4704 — Idaho Code / Title 18 / Chapter 47 / Section 18-4704
18-4704 LEGISLATORS RECEIVING BRIBES.
Status: in_force

18-4704. Legislators receiving bribes. Every member of either of the houses composing the legislature of this state who asks, receives or agrees to receive, any bribe, upon any understanding that his official vote, opinion, judgment or action shall be influenced thereby, or shall be given in any particular manner, or upon any particular side of any question or matter upon which he may be required to act in his official capacity, or gives, or offers, or promises to give, any official vote in consideration that another member of the legislature shall give any such vote either upon the same or another question, is guilty of a felony.

History:

[18-4704, added 1972, ch. 336, sec. 1, p. 943.]
Idaho Code § 18-5620 — Idaho Code / Title 18 / Chapter 56 / Section 18-5620
18-5620 FORFEITURE REQUEST — REBUTTABLE PRESUMPTION.
Status: in_force

18-5620. FORFEITURE REQUEST — REBUTTABLE PRESUMPTION. (1) Property subject to criminal forfeiture under the provisions of this chapter shall not be ordered forfeited unless the attorney general or the appropriate prosecuting attorney has filed a separate allegation within the criminal proceeding seeking forfeiture of specific property as described in section 18-5612, Idaho Code. The attorney general or appropriate prosecuting attorney shall file, within fourteen (14) days of the filing of the criminal information or indictment, a separate part II forfeiture request and notice with the trial court.

(2) There is a rebuttable presumption that any property of a person subject to the provisions of section 18-5612, Idaho Code, is subject to forfeiture under this chapter if the state of Idaho establishes by a preponderance of the evidence that:

(a) The property was acquired by a person during the period of the violation of any section of this chapter for which criminal forfeiture may be ordered, pursuant to section 18-5612, Idaho Code, or within a reasonable time after such violation; and

(b) There was no likely source for such property other than the violation of any section of this chapter for which criminal forfeiture may be ordered, pursuant to section 18-5612, Idaho Code.

History:

[18-5620, added 2013, ch. 249, sec. 3, p. 602; am. 2024, ch. 147, sec. 18, p. 564.]
Idaho Code § 18-7109 — Idaho Code / Title 18 / Chapter 71 / Section 18-7109
18-7109 SEVERABILITY.
Status: in_force

18-7109. severability. If any provisions of this chapter 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 chapter, and to this end the provisions of this chapter are severable.

History:

[18-7109, added 2026, ch. 261, sec. 1, p. 1111.]
Idaho Code § 18-3302E — Idaho Code / Title 18 / Chapter 33 / Section 18-3302E
18-3302E POSSESSION OF A WEAPON BY A MINOR.
Status: in_force

18-3302E. Possession of a weapon by a minor. (1) It shall be unlawful for any person under the age of eighteen (18) years to possess or have in possession any weapon, as defined in section 18-3302A, Idaho Code, unless he:

(a) Has the written permission of his parent or guardian to possess the weapon; or

(b) Is accompanied by his parent or guardian while he has the weapon in his possession.

(2) Any minor under the age of twelve (12) years in possession of a weapon shall be accompanied by an adult.

(3) Any person who violates the provisions of this section is guilty of a misdemeanor.

History:

[18-3302E, added 1994, ch. 369, sec. 2, p. 1187.]
Idaho Code § 18-1356 — Idaho Code / Title 18 / Chapter 13 / Section 18-1356
18-1356 GIFTS TO PUBLIC SERVANTS BY PERSONS SUBJECT TO THEIR JURISDICTION.
Status: in_force

18-1356. Gifts to public servants by persons subject to their jurisdiction. (1) Regulatory and law enforcement officials. No public servant in any department or agency exercising regulatory functions, or conducting inspections or investigations, or carrying on civil or criminal litigation on behalf of the government, or having custody of prisoners, shall solicit, accept or agree to accept any pecuniary benefit from a person known to be subject to such regulation, inspection, investigation or custody, or against whom such litigation is known to be pending or contemplated.

(2) Officials concerned with government contracts and pecuniary transactions. No public servant having any discretionary function to perform in connection with contracts, purchases, payments, claims or other pecuniary transactions of the government shall solicit, accept or agree to accept any pecuniary benefit from any person known to be interested in or likely to become interested in any such contract, purchase, payment, claim or transaction.

(3) Judicial and administrative officials. No public servant having judicial or administrative authority and no public servant employed by or in a court or other tribunal having such authority, or participating in the enforcement of its decisions, shall solicit, accept or agree to accept any pecuniary benefit from a person known to be interested in or likely to become interested in any matter before such public servant or a tribunal with which he is associated.

(4) Legislative and executive officials. No legislator or public servant shall solicit, accept or agree to accept any pecuniary benefit in return for action on a bill, legislation, proceeding or official transaction from any person known to be interested in a bill, legislation, official transaction or proceeding.

(5) Exceptions. This section shall not apply to:

(a) fees prescribed by law to be received by a public servant, or any other benefit for which the recipient gives legitimate consideration or to which he is otherwise legally entitled; or

(b) gifts or other benefits conferred on account of kinship or other personal, professional or business relationship independent of the official status of the receiver; or

(c) trivial benefits not to exceed a value of fifty dollars ($50.00) incidental to personal, professional or business contacts and involving no substantial risk of undermining official impartiality; or

(d) benefits received as a result of lobbying activities that are disclosed in reports required by chapter 7, title 74, Idaho Code. This exception shall not apply to any activities prohibited by subsections (1) through (4) of this section.

(6) Offering benefits prohibited. No person shall knowingly confer, or offer or agree to confer, any benefit prohibited by the foregoing subsections.

(7) Grade of offense. An offense under this section is a misdemeanor and shall be punished as provided in this chapter.

History:

[18-1356, added 1972, ch. 381, sec. 20, p. 1102; am. 1990, ch. 328, sec. 3, p. 902; am. 2008, ch. 306, sec. 4, p. 851; am. 2025, ch. 280, sec. 11, p. 1197.]
Idaho Code § 18-510 — Idaho Code / Title 18 / Chapter 5 / Section 18-510
18-510 LITIGATION DEFENSE FUND.
Status: in_force

18-510. litigation defense fund. There is hereby created in the state treasury the pain-capable unborn child protection act litigation fund for the purpose of providing funds to pay for any costs and expenses incurred by the state attorney general in relation to actions surrounding defense of this chapter. This fund may include appropriations, donations, gifts or grants made to the fund. Interest earned on the investment of idle moneys in the fund shall be returned to the fund. Moneys in the fund may be expended pursuant to appropriation.

History:

[18-510, added 2011, ch. 324, sec. 1, p. 949.]
Idaho Code § 18-3204 — Idaho Code / Title 18 / Chapter 32 / Section 18-3204
18-3204 FALSE CERTIFICATES OR OTHER INSTRUMENTS FROM OFFICERS.
Status: in_force

18-3204. False certificates or other instruments from officers. Every public officer authorized by law to make or give any certificate or other writing, who makes and delivers as true any such certificate or writing, containing statements which he knows to be false, is guilty of a misdemeanor.

History:

[18-3204, added 1972, ch. 336, sec. 1, p. 910.]
Idaho Code § 18-8604 — Idaho Code / Title 18 / Chapter 86 / Section 18-8604
18-8604 RESTITUTION — REHABILITATION.
Status: in_force

18-8604. Restitution — Rehabilitation. (1) In addition to any other amount of loss resulting from a violation of section 18-8607, 18-8608, 18-8609, or 18-8610, Idaho Code, the court shall order restitution, as applicable, including the greater of:

(a) The gross income or value to the defendant of the victim's labor or services; or

(b) The value of the victim's labor as guaranteed under the minimum wage and overtime provisions of the federal fair labor standards act.

(2) In addition to any order for restitution as provided in this section, the court shall order the defendant to pay an amount determined by the court to be necessary for the mental and physical rehabilitation of the victim or victims.

History:

[(18-8604) 18-8504, added 2006, ch. 85, sec. 1, p. 250; am. and redesig. 2007, ch. 90, sec. 7, p. 250; am. 2024, ch. 147, sec. 24, p. 566.]
Idaho Code § 18-4103A — Idaho Code / Title 18 / Chapter 41 / Section 18-4103A
18-4103A ADVERTISEMENT, PROMOTION OF SALE, ETC., OF MATTER REPRESENTED TO BE OBSCENE — PENALTY.
Status: in_force

18-4103A. Advertisement, promotion of sale, etc., of matter represented to be obscene — Penalty. Every person who writes, creates, or solicits the publication or distribution of advertising or other promotional material for, or who otherwise advertises or promotes the sale, distribution, or exhibition of matter represented or held out by him to be obscene, whether or not such matter exists in fact, or is obscene, is guilty of a misdemeanor.

History:

[18-4103A, added 1976, ch. 81, sec. 4, p. 262.]
Idaho Code § 18-5622 — Idaho Code / Title 18 / Chapter 56 / Section 18-5622
18-5622 INSTITUTION OF PROCEEDINGS — THIRD PARTIES.
Status: in_force

18-5622. INSTITUTION OF PROCEEDINGS — THIRD PARTIES. Upon the filing of a part II forfeiture request pursuant to section 18-5620, Idaho Code, or in the event of seizure pursuant to a warrant of seizure, or upon entry of an order of forfeiture pursuant to section 18-5612, Idaho Code, the attorney general or appropriate prosecuting attorney shall, if appropriate, institute proceedings pursuant to section 18-5623 or 18-5624, Idaho Code, or both, within five (5) days of such event.

History:

[18-5622, added 2013, ch. 249, sec. 5, p. 603.]
Idaho Code § 18-8008 — Idaho Code / Title 18 / Chapter 80 / Section 18-8008
18-8008 IGNITION INTERLOCK SYSTEMS.
Status: in_force

18-8008. Ignition interlock systems.

(1)(a) If a person is convicted, is found guilty, pleads guilty or receives a withheld judgment for violating any of the provisions of this chapter relating to driving under the influence and has had any or all of a sentence or fine suspended for the violation, the court shall, unless an exception is granted pursuant to section 18-8002(12), Idaho Code, impose the sanction provided for in this section in addition to any other penalty or fine imposed pursuant to this chapter.

(b) The court shall order the person to have a state-approved ignition interlock system installed, at his expense, on all motor vehicles operated by him. 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.

(2) The calibration setting at which the ignition interlock system will prevent the motor vehicle from being started shall be.025. The ignition interlock vendor shall notify the prosecuting authority any time a person is prevented from starting a motor vehicle, as provided in this subsection.

(3) As used in this chapter, the term "ignition interlock system" means breath alcohol ignition interlock device, including a camera, certified by the transportation department, designed to prevent a motor vehicle from being operated by a person who has consumed an alcoholic beverage.

(4) The transportation department shall by rule provide standards for the certification, installation, repair and removal of the devices. The ignition interlock vendor shall provide proof of installation of the ignition interlock system to the transportation department.

(5) The court shall notify the transportation department of its order imposing a sanction pursuant to this section. The department shall attach or imprint a notation on the driver's license or other document granting the person restricted driving privileges of any person restricted under this section that the person may operate only a motor vehicle equipped with an ignition interlock system. The ignition interlock restriction period shall end one (1) year from the date the ignition interlock vendor provides proof of installation of the ignition interlock system.

(6) When a court orders a person to install and use an ignition interlock system pursuant to this section, the court shall order the person to pay the cost for obtaining, installing, utilizing and maintaining the ignition interlock system. All fees collected pursuant to this section shall be in addition to any other fines or penalty provided by law and shall be deposited in the court interlock device and electronic monitoring device fund created in section 18-8010, Idaho Code.

History:

[18-8008, added 1988, ch. 339, sec. 2, p. 1008; am. 2000, ch. 247, sec. 4, p. 700; am. 2014, ch. 63, sec. 6, p. 166; am. 2018, ch. 254, sec. 5, p. 601; am. 2019, ch. 305, sec. 3, p. 910; am. 2026, ch. 134, sec. 1, p. 631.]
Idaho Code § 18-5811A — Idaho Code / Title 18 / Chapter 58 / Section 18-5811A
18-5811A UNLAWFUL USE OF ASSISTANCE DEVICE, ASSISTANCE ANIMAL, OR SERVICE DOG.
Status: in_force

18-5811A. Unlawful use of assistance device, assistance animal, or service dog. Any person, not being an individual with a disability or being trained to assist individuals with disabilities, who uses an assistance device, an assistance animal, or a service dog in an attempt to gain treatment or benefits as an individual with a disability is guilty of a misdemeanor.

History:

[18-5811A, added 1997, ch. 267, sec. 3, p. 765; am. 2019, ch. 213, sec. 2, p. 645.]
Idaho Code § 18-7027 — Idaho Code / Title 18 / Chapter 70 / Section 18-7027
18-7027 DESECRATION OF GRAVE, CEMETERY, HEADSTONE OR PLACE OF BURIAL PROHIBITED.
Status: in_force

18-7027. Desecration of grave, cemetery, headstone or place of burial prohibited. It shall be unlawful for any person, not acting in full compliance with all the terms of the law to desecrate or molest in any way any portion of any grave, cemetery, headstone, grave marker, mausoleum, crypt, or other place of burial, whether of whole bodies or ashes, or other evidence of remains of a deceased human body. Any person convicted or found guilty of violating the provisions of this section is guilty of a misdemeanor.

History:

[18-7027, added 1984, ch. 73, sec. 2, p. 136.]