Idaho Code § 18-1359 — Idaho Code / Title 18 / Chapter 13 / Section 18-1359
18-1359 USING PUBLIC POSITION FOR PERSONAL GAIN.
Status: in_force

18-1359. Using public position for personal gain. (1) No public servant shall:

(a) Without the specific authorization of the governmental entity for which he serves, use public funds or property to obtain a pecuniary benefit for himself.

(b) Solicit, accept or receive a pecuniary benefit as payment for services, advice, assistance or conduct customarily exercised in the course of his official duties. This prohibition shall not include 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.

(c) Use or disclose confidential information gained in the course of or by reason of his official position or activities in any manner with the intent to obtain a pecuniary benefit for himself or any other person or entity in whose welfare he is interested or with the intent to harm the governmental entity for which he serves.

(d) Be interested in any contract made by him in his official capacity, or by any body or board of which he is a member, except as provided in section 18-1361, Idaho Code.

(e) Appoint or vote for the appointment of any person related to him by blood or marriage within the second degree to any clerkship, office, position, employment or duty, when the salary, wages, pay or compensation of such appointee is to be paid out of public funds or fees of office, or appoint or furnish employment to any person whose salary, wages, pay or compensation is to be paid out of public funds or fees of office, and who is related by either blood or marriage within the second degree to any other public servant when such appointment is made on the agreement or promise of such other public servant or any other public servant to appoint or furnish employment to anyone so related to the public servant making or voting for such appointment. Any public servant who pays out of any public funds under his control or who draws or authorizes the drawing of any warrant or authority for the payment out of any public fund of the salary, wages, pay, or compensation of any such ineligible person, knowing him to be ineligible, is guilty of a misdemeanor and shall be punished as provided in this chapter.

(f) Unless specifically authorized by another provision of law, commit any act prohibited of members of the legislature or any officer or employee of any branch of the state government by section 67-9230, Idaho Code, violations of which are subject to penalties as provided in section 67-9231, Idaho Code, which prohibition and penalties shall be deemed to extend to all public servants pursuant to the provisions of this section.

(2) No person related to any member of the legislature by blood or marriage within the second degree shall be appointed to any clerkship, office, position, employment or duty within the legislative branch of government or otherwise be employed by the legislative branch of government when the salary, wages, pay or compensation of such appointee or employee is to be paid out of public funds. The provisions of this subsection shall not apply to any person who participates in the legislative page program of the senate or the house of representatives.

(3) No person related to a mayor or member of a city council by blood or marriage within the second degree shall be appointed to any clerkship, office, position, employment or duty with the mayor's or city council's city when the salary, wages, pay or compensation of such appointee or employee is to be paid out of public funds.

(4) No person related to a county commissioner by blood or marriage within the second degree shall be appointed to any clerkship, office, position, employment or duty with the commissioner's county when the salary, wages, pay or compensation of such appointee or employee is to be paid out of public funds.

(5)(a) An employee of a governmental entity who is related to a local government official within the second degree shall be entitled to retain his or her position and receive general pay increases, step increases, cost of living increases, and/or other across-the-board increases in salary or merit increases, benefits and bonuses or promotions if the employee:

(i) Held the position prior to the election of the local government official; or

(ii) Meets the requirements of subsection (8) of this section prior to a city's population exceeding ten thousand (10,000) persons.

(b) Nothing in this section shall be construed as creating any property rights in the position held by an employee subject to this section, and all authority in regard to disciplinary action, transfer, dismissal, demotion or termination shall continue to apply to the employee.

(6) The prohibitions contained within this section shall not include conduct defined by the provisions of section 74-403(4), Idaho Code.

(7) The prohibitions within this section and section 18-1356, Idaho Code, as it applies to part-time public servants, do not include those actions or conduct involving the public servant's business, profession or occupation and unrelated to the public servant's official conduct, and do not apply to a pecuniary benefit received in the normal course of a legislator's business, profession or occupation and unrelated to any bill, legislation, proceeding or official transaction.

(8)(a) The prohibition of subsection (3) of this section shall not apply if all the following conditions are met:

(i) The city has a population of fewer than ten thousand (10,000) persons, based on the most recent decennial census;

(ii) The position to be filled requires specific education, training, or relevant experience related to the duties of the position, and the related individual meets those qualifications;

(iii) Public notice of the job opening has been made through means customarily used by the city for job postings, including posting to the city website, if applicable;

(iv) The position has been publicly posted for no fewer than forty-five (45) days prior to the proposed appointment or employment, and no qualified applicants have applied during the posting period;

(v) The city has made a good faith effort to identify and consider qualified applicants, including documented outreach and follow-up with applicants to determine availability and qualifications;

(vi) The city maintains a written record of:

1. All applications received;

2. The qualifications of each applicant;

3. The reasons for rejection of unqualified applicants; and

4. The rationale for the appointment or employment of the related individual;

(vii) The city council approves the appointment or employment at an open meeting, and the familial relationship is publicly disclosed prior to the vote;

(viii) The related, elected official does not serve as the supervisor, manager, or otherwise exercise direct authority over the work or employment conditions of the newly appointed or employed individual. The city council shall assign supervisory responsibilities to an unrelated employee or official who is not within the second degree of blood or marriage to the newly appointed or employed individual. Any performance evaluations, disciplinary actions, or decisions relating to compensation or advancement shall be made or reviewed by an unrelated supervisor or official and confirmed by the city council, with a written record maintained documenting the rationale for such actions; and

(ix) Any increase in compensation for a person appointed or employed pursuant to this subsection is limited to cost-of-living adjustments or other across-the-board increases provided to all employees. Such individual shall not be eligible for discretionary increases, bonuses, or promotions unless approved by the city council in an open meeting, with the rationale for such increase made part of the record. No person appointed or employed pursuant to this subsection shall receive any benefits beyond those uniformly offered to all similarly situated employees of the city.

(b) No position shall be created solely for the purpose of employing a related individual, nor shall the provisions of this subsection be construed to impair or limit the provisions of subsection (5) of this section.

History:

[18-1359, added 1990, ch. 328, sec. 2, p. 900; am. 1991, ch. 305, sec. 1, p. 800; am. 2002, ch. 304, sec. 1, p. 867; am. 2004, ch. 316, sec. 1, p. 887; am. 2005, ch. 214, sec. 1, p. 684; am. 2015, ch. 141, sec. 15, p. 390; am. 2016, ch. 289, sec. 5, p. 805; am. 2025, ch. 114, sec. 1, p. 615; am. 2026, ch. 68, sec. 1, p. 290.]
Idaho Code § 18-4404 — Idaho Code / Title 18 / Chapter 44 / Section 18-4404
18-4404 TAMPERING WITH JURY LIST.
Status: in_force

18-4404. Tampering with jury list. Every person who adds any names to the list of persons selected to serve as jurors, either by placing the same in the jury box or otherwise, or extracts any name therefrom, or destroys the jury box or any of the pieces of paper containing the names of jurors, or mutilates or defaces such names so that the same cannot be read, or changes such names on the pieces of paper, except in cases allowed by law, is guilty of a felony.

History:

[18-4404, added 1972, ch. 336, sec. 1, p. 936.]
Idaho Code § 18-2312 — Idaho Code / Title 18 / Chapter 23 / Section 18-2312
18-2312 AIDING AND ABETTING ELECTION OFFENSES.
Status: in_force

18-2312. Aiding and abetting election offenses. Every person who aids or abets in the commission of any of the offenses mentioned in the four preceding sections, is punishable by imprisonment in the county jail for the period of six months, or in the state prison not exceeding two years.

History:

[18-2312, added 1972, ch. 336, sec. 1, p. 891.]
Idaho Code § 18-1510 — Idaho Code / Title 18 / Chapter 15 / Section 18-1510
18-1510 PROVIDING SHELTER TO RUNAWAY CHILDREN.
Status: in_force

18-1510. Providing shelter to runaway children. (1) A person who knowingly or intentionally provides housing or other accommodations to a child seventeen (17) years of age or younger without the authority of: (a) the custodial parent or guardian of the child; (b) the state of Idaho or a political subdivision thereof; or (c) the one having legal custody of the child shall be guilty of a misdemeanor. Nothing contained in this section shall be construed to prevent the lawful detention of a minor child or the rendering of emergency aid or assistance to a minor child. It shall be an affirmative defense to the provisions of this section that the person providing housing or other accommodations to the child has notified the custodial parent or guardian or the county sheriff or city police of the child's whereabouts. It shall also be an affirmative defense to the provisions of this section that the person providing housing or other accommodations to the child notices reasonable evidence that the child has been abused by the custodial parent or guardian.

(2)(a) Licensed children's residential care facilities, registered children's institutions, and behavioral health youth crisis centers providing emergency runaway services are not guilty of a violation of this section if:

(i) The facility attempts to contact and is unable to locate the child's parent or legal guardian or the child refuses to disclose the contact information of the child's parent or legal guardian; and

(ii) The facility has notified the county sheriff or police of the child's whereabouts pursuant to local laws and licensure requirements.

(b) Licensed children's residential care facilities, registered children's institutions, and behavioral health youth crisis centers are still required to comply with reporting requirements pursuant to section 16-1605, Idaho Code.

(c) As used in this subsection:

(i) "Behavioral health youth crisis center" means a voluntary outpatient facility operated twenty-four (24) hours a day, seven (7) days a week, and three hundred sixty-five (365) days a year to provide evaluation, intervention, and referral for youth seventeen (17) years of age or younger who are experiencing a crisis due to a behavioral health condition. The facility may not provide services to a youth client for more than twenty-three (23) hours and fifty-nine (59) minutes in a single episode of care.

(ii) "Licensed children's residential care facility" has the same meaning as in section 39-1202, Idaho Code.

(iii) "Registered children's institution" has the same meaning as in section 39-1202, Idaho Code.

(3) A person convicted of a violation of the provisions of this section shall be punished by imprisonment for a period not in excess of six (6) months, a fine not in excess of five thousand dollars ($5,000), or by both such imprisonment and fine. Additionally, any real property utilized in violation of the provisions of this section may be declared a public nuisance pursuant to chapter 1, title 52, Idaho Code.

History:

[18-1510, added 1989, ch. 155, sec. 11, p. 389; am. 2024, ch. 248, sec. 1, p. 880; am. 2025, ch. 100, sec. 1, p. 542.]
Idaho Code § 18-2402 — Idaho Code / Title 18 / Chapter 24 / Section 18-2402
18-2402 DEFINITIONS.
Status: in_force

18-2402. Definitions. The following definitions are applicable to this chapter:

(1) "Appropriate." To "appropriate" property of another to oneself or a third person means:

(a) To exercise control over it, or to aid a third person to exercise control over it, permanently or for so extended a period or under such circumstances as to acquire the major portion of its economic value or benefit; or

(b) To dispose of the property for the benefit of oneself or a third person.

(2) "Deception" means knowingly to:

(a) Create or confirm another's impression that is false and that the offender does not believe to be true; or

(b) Fail to correct a false impression that the offender previously has created or confirmed; or

(c) Prevent another from acquiring information pertinent to the disposition of the property involved; or

(d) Sell or otherwise transfer or encumber property, failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of the property whether such impediment is or is not valid or is or is not a matter of official record; or

(e) Promise performance that the offender does not intend to perform or knows will not be performed. Failure to perform, standing alone, is not evidence that the offender did not intend to perform.

(3) "Deprive." To "deprive" another of property means:

(a) To withhold it or cause it to be withheld from him permanently or for so extended a period or under such circumstances that the major portion of its economic value or benefit is lost to him; or

(b) To dispose of the property in such manner or under such circumstances as to render it unlikely that an owner will recover such property.

(4) "Obtain" means:

(a) In relation to property, to bring about a transfer of interest or possession, whether to the offender or to another; and

(b) In relation to labor or services, to secure the performance thereof.

(5) "Obtains or exerts control" over property includes but is not limited to the taking, carrying away, or the sale, conveyance, or transfer of title to, or interest in, or possession of property.

(6) "Owner." When property is taken, obtained, or withheld by one (1) person from another person, an owner thereof means any person who has a right to possession thereof superior to that of the taker, obtainer, or withholder. "Owner" includes any person who physically delivers or transfers goods or property to a purchaser through an agreement or contract in which the purchaser has entered into fraudulently by having no intention to pay any amount for the goods or property. For the purposes of this chapter and regardless of any contrary provisions of chapter 2, title 28, Idaho Code, such owner retains a superior right to possession of such goods or property over the fraudulent purchaser.

(7) "Person" means an individual, corporation, association, public or private corporation, city or other municipality, county, state agency, or the state of Idaho.

(8) "Property" means anything of value. Property includes real estate, money, commercial instruments, admission or transportation tickets, written instruments representing or embodying rights concerning anything of value, labor or services, or otherwise of value to the owner; things growing on, affixed to, or found on land, or part of or affixed to any building; electricity, gas, steam, and water; birds, animals and fish, which ordinarily are kept in a state of confinement; food and drink; samples, cultures, microorganisms, specimens, records, recordings, documents, blueprints, drawings, maps, and whole or partial copies, descriptions, photographs, prototypes or models thereof; or any other articles, materials, devices, substances and whole or partial copies, descriptions, photographs, prototypes or models thereof which constitute, represent, evidence, reflect or record a secret scientific, technical, merchandising, production or management information, design, process, procedure, formula, invention, or improvement.

(9) "Service" includes but is not limited to labor, professional service, transportation service, the supplying of hotel accommodations, restaurant services, entertainment, (a communication system) the supplying of equipment for use, and the supplying of commodities of a public utility nature such as gas, electricity, steam and water. A ticket or equivalent instrument that evidences a right to receive a service is not in itself service but constitutes property within the meaning of subsection (8) of this section.

(10) "Stolen property" means property over which control has been obtained by theft.

(11) "Value." The value of property shall be ascertained as follows:

(a) Except as otherwise specified in this section, value means the market value of the property at the time and place of the crime, or if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the crime.

(b) Whether or not they have been issued or delivered, certain written instruments, not including those having a readily ascertainable market value such as some public and corporate bonds and securities, shall be evaluated as follows:

1. The value of an instrument constituting an evidence of debt, such as a check, draft or promissory note, shall be deemed the amount due or collectible thereon or thereby, such figure ordinarily being the face amount of the indebtedness less any portion thereof which has been satisfied.

2. The value of a ticket or equivalent instrument that evidences a right to receive a transportation, entertainment or other service shall be deemed the price stated thereon, if any; and if no price is stated thereon, the value shall be deemed the price of such ticket or equivalent instrument that the issuer charges the general public.

3. The value of any other instrument that creates, releases, discharges or otherwise affects any valuable legal right, privilege or obligation shall be deemed the greatest amount of economic loss the owner of the instrument might reasonably suffer by virtue of the loss of the instrument.

(c) When the value of property cannot be satisfactorily ascertained pursuant to the standards set forth in paragraphs (a) and (b) of this subsection, its value shall be deemed to be one thousand dollars ($1,000) or less.

(d) For the purpose of establishing value of any written instrument, the interest of any owner or owners entitled to part or all of the property represented by such instrument, by reason of such instrument, may be shown, even if another owner may be named in the complaint, information or indictment.

History:

[18-2402, added 1981, ch. 183, sec. 2, p. 320; am. 1994, ch. 132, sec. 1, p. 301; am. 1999, ch. 147, sec. 1, p. 417; am. 2022, ch. 212, sec. 1, p. 682.]
Idaho Code § 18-3611 — Idaho Code / Title 18 / Chapter 36 / Section 18-3611
18-3611 COUNTERFEITING RAILROAD TICKET.
Status: in_force

18-3611. Counterfeiting railroad ticket. Every person who counterfeits, forges, or alters, any ticket, check, order, coupon, receipt for fare, or pass, issued by any railroad company, or by any lessee or manager thereof, designed to entitle the holder to ride in the cars of such company, or who utters, publishes, or puts into circulation, any such counterfeit or altered ticket, check, or order, coupon, receipt for fare, or pass, with intent to defraud any such railroad company, or any lessee thereof, or any other person, is punishable by imprisonment in the state prison, or in the county jail, not exceeding one (1) year, or by fine not exceeding $1000, or by both such imprisonment and fine.

History:

[18-3611, added 1972, ch. 336, sec. 1, p. 919.]
Idaho Code § 18-303 — Idaho Code / Title 18 / Chapter 3 / Section 18-303
18-303 COMMON LAW OFFENSES — PUNISHMENT — IMPRISONMENT FOR NONPAYMENT OF FINE.
Status: in_force

18-303. Common law offenses — Punishment — Imprisonment for nonpayment of fine. All offenses recognized by the common law as crimes and not herein enumerated are punishable, in case of felony, by imprisonment in the state prison for a term not less than one (1) year nor more than five (5) years; and in case of misdemeanors, by imprisonment in the county jail for a term not exceeding six (6) months or less than one (1) month, or by fine not exceeding $500, or both such fine and imprisonment. And whenever any fine is imposed for any felony or misdemeanor, whether such be by statute or at common law and the party upon whom the fine is imposed has the ability to pay said fine, the party upon whom the fine is imposed shall be committed to the county jail, when not sentenced to the state prison, until the fine is paid.

History:

[I.C., sec. 18-303, as added by 1972, ch. 336, sec. 1, p. 857; am. 1972, ch. 381, sec. 5, p. 1102.]
Idaho Code § 18-7301 — Idaho Code / Title 18 / Chapter 73 / Section 18-7301
18-7301 FREEDOM FROM DISCRIMINATION CONSTITUTES A CIVIL RIGHT.
Status: in_force

18-7301. Freedom from discrimination constitutes a civil right. The right to be free from discrimination because of race, creed, color, sex, or national origin is recognized as and declared to be a civil right. This right shall include, but not be limited to:

(1) The right to obtain and hold employment without discrimination.

(2) The right to the full enjoyment of any of the accommodations, facilities or privileges of any place of public resort, accommodation, assemblage or amusement.

History:

[18-7301, added 1972, ch. 336, sec. 1, p. 980; am. 1967, ch. 64, sec. 1, p. 146.]
Idaho Code § 18-3317 — Idaho Code / Title 18 / Chapter 33 / Section 18-3317
18-3317 UNLAWFUL DISCHARGE OF A FIREARM AT A DWELLING HOUSE, OCCUPIED BUILDING, VEHICLE OR MOBILE HOME.
Status: in_force

18-3317. Unlawful discharge of a firearm at a dwelling house, occupied building, vehicle or mobile home. It shall be unlawful for any person to intentionally and unlawfully discharge a firearm at an inhabited dwelling house, occupied building, occupied motor vehicle, inhabited mobile home, inhabited travel trailer, or inhabited camper. Any person violating the provisions of this section shall be guilty of a felony, punishable by imprisonment in the state prison for a term not to exceed fifteen (15) years.

As used in this section, "inhabited" means currently being used for dwelling purposes, whether occupied or not.

History:

[18-3317, added 1993, ch. 254, sec. 1, p. 880; am. 2007, ch. 42, sec. 1, p. 104.]
Idaho Code § 18-8616 — Idaho Code / Title 18 / Chapter 86 / Section 18-8616
18-8616 PERSONAL PROPERTY — RIGHTS OF THIRD PARTIES.
Status: in_force

18-8616. PERSONAL PROPERTY — RIGHTS OF THIRD PARTIES. (1) Within five (5) days of any of the events specified in section 18-8615, 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 documented in 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 18-8611, 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 in 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; and

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 witness fees, reporter fees, transcripts, printing, travel, and investigation;

(B) To the law enforcement agency of this state that seized the property for all expenditures for travel, 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; and

(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:

[18-8616, added 2024, ch. 147, sec. 37, p. 571.]
Idaho Code § 18-404 — Idaho Code / Title 18 / Chapter 4 / Section 18-404
18-404 PROCEEDINGS UPON VIOLATION OF PROVISIONAL ORDER — DISPOSITION OF PROCEEDS OF FORFEITED RECOGNIZANCE.
Status: in_force

18-404. Proceedings upon violation of provisional order — Disposition of proceeds of forfeited recognizance. If the court be satisfied by the information or complaint and due proof, under oath, that at any time the defendant has violated the terms of such order, it may forthwith proceed with the trial of the defendant under the original indictment or information, or sentence him under the original conviction, or enforce the original sentence, as the case may be. In case of forfeiture of a recognizance and enforcement thereof by execution, the sum recovered may, in the discretion of the court, be paid in whole or in part to the wife or to the guardian or custodian of the minor child or children.

History:

[I.C., sec. 18-4004, as added by 1972, ch. 336, sec. 1, p. 928; am. 1973, ch. 276, sec. 2, p. 588; am. 1977, ch. 154, sec. 3, p. 391; am. 1986, ch. 232, sec. 2, p. 639.]
Idaho Code § 18-620 — Idaho Code / Title 18 / Chapter 6 / Section 18-620
18-620 CONSTRUCTION.
Status: in_force

18-620. construction. (1) Nothing in sections 18-617 through 18-621, Idaho Code, shall be construed as creating or recognizing a right to abortion.

(2) It is not the intention of sections 18-617 through 18-621, Idaho Code, to make lawful an abortion that is currently unlawful.

History:

[18-620, added 2015, ch. 270, sec. 2, p. 1125.]
Idaho Code § 18-712 — Idaho Code / Title 18 / Chapter 7 / Section 18-712
18-712 CIVIL LIABILITY FOR IMPORTING POLICE OFFICERS OR ARMED MEN.
Status: in_force

18-712. Civil liability for importing police officers or armed men. Any person, officer, company, association or corporation who shall knowingly bring, or cause to be brought, or aid in bringing, into this state any armed or unarmed police force, detective agency or force, or armed or unarmed body of men for the suppression of domestic violence, shall be liable in a civil action to any person for any injury to person or property through the action, or as the result of the coming or bringing into the state of such body of men, or any of them, whether acting together or separately in carrying out the purpose for which they were brought or came into the state.

History:

[18-712, added 1972, ch. 336, sec. 1, p. 864.]
Idaho Code § 18-3302F — Idaho Code / Title 18 / Chapter 33 / Section 18-3302F
18-3302F PROHIBITION OF POSSESSION OF CERTAIN WEAPONS BY A MINOR.
Status: in_force

18-3302F. Prohibition of possession of certain weapons 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 handgun.

(2) Except as provided by federal law, a minor under the age of eighteen (18) years may not possess the following:

(a) A sawed-off rifle or sawed-off shotgun; or

(b) A full automatic weapon.

(3) Any person who violates the provisions of subsection (2) (a) of this section is guilty of a misdemeanor.

(4) Any person who violates the provisions of subsection (2) (b) of this section is guilty of a felony.

(5) For purposes of this section:

(a) "Full automatic weapon" means any firearm which fires, is designed to fire, or can be readily restored to fire, automatically more than one (1) bullet, or other missile without reloading, by a single function of the trigger.

(b) "Handgun" means a pistol, revolver, or other firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged, the length of the barrel of which, not including any revolving, detachable, or magazine breech, does not exceed twelve (12) inches. Excluded from this definition are handguns firing a metallic projectile, such as a BB or pellet, through the force of air pressure, CO pressure, or spring action or any spot marker gun.

(6) Any person who provides a handgun to a minor when the possession of the handgun by the minor is a violation of the provisions of this section is guilty of a misdemeanor.

History:

[18-3302F, added 1994, ch. 369, sec. 3, p. 1187.]
Idaho Code § 18-2307 — Idaho Code / Title 18 / Chapter 23 / Section 18-2307
18-2307 ATTEMPTING TO VOTE WHEN NOT QUALIFIED OR TO VOTE MORE THAN ONCE.
Status: in_force

18-2307. Attempting to vote when not qualified or to vote more than once. (1) It is unlawful for any alien to vote in any election held in this state solely or in part for the purpose of electing or nominating any candidate to any elective office. Every person not entitled to vote, who fraudulently attempts to vote, or who, after being entitled to vote, attempts to vote more than once at any election, is guilty of a misdemeanor.

(2) It shall be an affirmative defense to the provisions of subsection (1) of this section that an alien reasonably believed at the time of voting in violation of this section that such person was a citizen of the United States.

History:

[18-2307, added 1972, ch. 336, sec. 1, p. 890; am. 2023, ch. 267, sec. 1, p. 797.]
Idaho Code § 18-8105 — Idaho Code / Title 18 / Chapter 81 / Section 18-8105
18-8105 SEVERABILITY.
Status: in_force

18-8105. Severability. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this act.

History:

[18-8105, added 1987, ch. 318, sec. 1, p. 671; am. 2008, ch. 27, sec. 5, p. 45.]
Idaho Code § 18-107 — Idaho Code / Title 18 / Chapter 1 / Section 18-107
18-107 DETERMINATION OF PUNISHMENT BY COURT.
Status: in_force

18-107. Determination of punishment by court. Whenever, in this code, the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case, must be determined by the court authorized to pass sentence within such limits as may be prescribed by this code.

History:

[18-107, added 1972, ch. 336, sec. 1, p. 847.]
Idaho Code § 18-503 — Idaho Code / Title 18 / Chapter 5 / Section 18-503
18-503 LEGISLATIVE FINDINGS.
Status: in_force

18-503. legislative findings. The legislature makes the following findings:

(1) Pain receptors (nociceptors) are present throughout the unborn child's entire body by no later than sixteen (16) weeks after fertilization and nerves link these receptors to the brain's thalamus and subcortical plate by no later than twenty (20) weeks.

(2) By eight (8) weeks after fertilization, the unborn child reacts to touch. After twenty (20) weeks, the unborn child reacts to stimuli that would be recognized as painful if applied to an adult human, for example by recoiling.

(3) In the unborn child, application of such painful stimuli is associated with significant increases in stress hormones known as the stress response.

(4) Subjection to such painful stimuli is associated with long-term harmful neurodevelopmental effects, such as altered pain sensitivity and, possibly, emotional, behavioral and learning disabilities later in life.

(5) For the purposes of surgery on unborn children, fetal anesthesia is routinely administered and is associated with a decrease in stress hormones compared to their level when painful stimuli are applied without such anesthesia.

(6) The position, asserted by some medical experts, that the unborn child is incapable of experiencing pain until a point later in pregnancy than twenty (20) weeks after fertilization predominately rests on the assumption that the ability to experience pain depends on the cerebral cortex and requires nerve connections between the thalamus and the cortex. However, recent medical research and analysis, especially since 2007, provides strong evidence for the conclusion that a functioning cortex is not necessary to experience pain.

(7) Substantial evidence indicates that children born missing the bulk of the cerebral cortex, those with hydranencephaly, nevertheless experience pain.

(8) In adults, stimulation or ablation of the cerebral cortex does not alter pain perception, while stimulation or ablation of the thalamus does.

(9) Substantial evidence indicates that structures used for pain processing in early development differ from those of adults, using different neural elements available at specific times during development, such as the subcortical plate, to fulfill the role of pain processing.

(10) Consequently, there is substantial medical evidence that an unborn child is capable of experiencing pain by twenty (20) weeks after fertilization.

(11) It is the purpose of the state of Idaho to assert a compelling state interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain.

(12) Mindful of Leavitt v. Jane L., 518 U.S. 137 (1996), in which, in the context of determining the severability of a state statute regulating abortion, the United States supreme court noted that an explicit statement of legislative intent is of greater weight than inclusion of a severability clause standing alone, the legislature declares that it would have passed this act, and each provision, section, subsection, sentence, clause, phrases, phrase or word thereof, irrespective of the fact that any one (1) or more provisions, sections, subsections, sentences, clauses or words of this act or the application thereof to any person or circumstance, were to be declared unconstitutional.

History:

[18-503, added 2011, ch. 324, sec. 1, p. 946.]
Idaho Code § 18-3905 — Idaho Code / Title 18 / Chapter 39 / Section 18-3905
18-3905 TRANSPORTATION OF HAZARDOUS WASTE.
Status: in_force

18-3905. Transportation of hazardous waste. (1) Whenever hazardous waste, as defined in section 39-4403, Idaho Code, is being transported on highways or roads of this state, it shall be transported in a manner which will not endanger the health, welfare or safety of the citizens of the state of Idaho and it shall be transported in compliance with the laws of the state of Idaho and rules and regulations promulgated thereto.

(2) Any person who transports hazardous waste or any generator of hazardous waste or other person who causes hazardous waste to be transported on highways or roads of this state in a manner which will endanger the health, welfare or safety of the citizens of the state of Idaho, or who transports or causes hazardous waste to be transported on highways or roads of this state in a manner which is not in compliance with the laws of the state of Idaho and any rules and regulations promulgated pursuant thereto shall be guilty of a misdemeanor and shall be subject to a fine of not more than ten thousand dollars ($10,000), imprisonment for a period of not more than six (6) months, or by both such fine and imprisonment. This penalty shall be in addition to any other civil or criminal penalties which may be provided by law.

History:

[18-3905, added 1984, ch. 205, sec. 13, p. 511.]
Idaho Code § 18-5807 — Idaho Code / Title 18 / Chapter 58 / Section 18-5807
18-5807 LEAVING CARCASSES NEAR HIGHWAYS, DWELLINGS AND STREAMS, AND POLLUTION OF WATER USED FOR DOMESTIC PURPOSES.
Status: in_force

18-5807. Leaving carcasses near highways, dwellings and streams, and pollution of water used for domestic purposes. Any person who shall knowingly leave the carcass of any animal within a quarter of a mile of any inhabited dwelling, or on, along or within a quarter of a mile of any public highway or stream of water, for a longer period than twenty-four hours, without burying the same, and by such exposure or burial within 200 feet of any stream, canal, ditch, flume, or other irrigation works shall pollute or contaminate, so as to render unfit for domestic use, any natural stream of water, or the water in any canal, ditch, flume, or other irrigation works, used by others for domestic purposes, shall be guilty of a misdemeanor, and upon conviction shall be fined any sum not to exceed $100.00.

History:

[18-5807, added 1972, ch. 336, sec. 1, p. 846.]
Idaho Code § 18-114 — Idaho Code / Title 18 / Chapter 1 / Section 18-114
18-114 UNION OF ACT AND INTENT.
Status: in_force

18-114. Union of act and intent. In every crime or public offense there must exist a union, or joint operation, of act and intent, or criminal negligence.

History:

[18-114, added 1972, ch. 336, sec. 1, p. 848.]
Idaho Code § 18-8610 — Idaho Code / Title 18 / Chapter 86 / Section 18-8610
18-8610 HUMAN LABOR TRAFFICKING OF A CHILD.
Status: in_force

18-8610. human labor trafficking of a child. A person commits the felony of human labor trafficking of a child if the person knowingly:

(1) Traffics a child with the intent that the trafficked child engage in forced labor or services; or

(2) Receives any benefit from participating in a venture that involves an activity described in subsection (1) of this section, including by receiving labor or services the person knows are forced labor or services.

History:

[18-8610, added 2024, ch. 147, sec. 31, p. 569.]
Idaho Code § 18-5503 — Idaho Code / Title 18 / Chapter 55 / Section 18-5503
18-5503 PUNISHMENT FOR VIOLATION OF PRECEDING SECTION.
Status: in_force

18-5503. Punishment for violation of preceding section. Any person or persons violating any of the provisions of this act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars ($500.00), or by imprisonment in the county jail not exceeding six months (6), or by both such fine and imprisonment.

History:

[18-5503, added 1972, ch. 336, sec. 1, p. 950.]
Idaho Code § 18-7503 — Idaho Code / Title 18 / Chapter 75 / Section 18-7503
18-7503 WEAPONS ABOARD AIRCRAFT — PENALTY.
Status: in_force

18-7503. Weapons aboard aircraft — Penalty. (1) No person, while aboard an airplane being operated by a holder of a certificate issued by the federal government or the state of Idaho, shall carry on or about his person a deadly or dangerous weapon, either concealed or unconcealed; nor shall any person enter or attempt to enter any sterile area of an airport, which is a holder of a certificate issued by the federal government or the state of Idaho, while knowingly carrying on or about his person, or in a bag, case, pouch or other container, a deadly or dangerous weapon, either concealed or unconcealed. Any person who pleads guilty or is found guilty of this subsection shall be guilty of a misdemeanor. As used in this section "sterile area" shall mean that area of a certificated airport to which access is controlled as required by the federal aviation administration regulations.

(2) No person, while aboard an airplane being operated by a holder of a certificate issued by the federal government or the state of Idaho, shall willfully and intentionally conceal on or about his person, or in a bag, case, pouch or other container any deadly or dangerous weapon; nor shall any person enter or attempt to enter any sterile area of an airport which is a holder of a certificate issued by the federal government or the state of Idaho, while willfully and intentionally concealing on or about his person, or in a bag, case, pouch or other container any deadly or dangerous weapon with the intent to avoid its detection by security measures at the sterile area.

(3) This section does not apply to:

(a) Law enforcement officials of a city, county or state, or of the United States, who are authorized to carry arms and who have fulfilled the requirements of federal aviation administration regulations 107 and 108 in effect on January 1, 2001, and as may be amended from time to time;

(b) Crew members and other persons authorized by the certificate holder to carry arms;

(c) Parties chartering an aircraft for the purpose of hunting when a weapon is properly stored and/or in the custody of the pilot in command of the aircraft; or

(d) An aircraft owner and his invited guests when the weapon is properly stored and/or in the custody of the pilot of the aircraft.

(4) Any person convicted of violating the provisions of subsection (2) of this section shall be guilty of a felony, punishable by imprisonment in the state prison not exceeding five (5) years or by fine not exceeding five thousand dollars ($5,000) or by both such fine and imprisonment.

(5) Any person presenting a ticket to board any commercial or charter aircraft shall by such presentation consent to a search or screening of his person or personal belongings by the aircraft company boarding him, by personnel of the airport from which the flight is originating, persons authorized by federal aviation administration regulations or by law enforcement officials. In case said person shall refuse to submit to a search or screening of his person or personal belongings by said aircraft company personnel, airport personnel, federal aviation administration regulation authorized personnel, federal employees or law enforcement officials the person refusing shall be denied the right to board said commercial or charter aircraft.

(6) Any person entering or attempting to enter into the sterile area of an airport shall be presumed to have fully consented to a search of their person, clothing and belongings including, but not limited to, any bags, cases, pouches or other containers with which they are associated. Such full consent shall remain until the aircraft shall depart from the airport.

(7) No person in, near or attempting to enter a sterile area of a certificated airport shall assault, obstruct or delay any aircraft company personnel, airport personnel, federal aviation administration regulation authorized personnel, federal employee or law enforcement official in the performance of their assigned duties within the airport.

(8) No action, either at law or equity, shall be brought against any commercial or charter airline company or airport operating in this state for the refusal of said company or airport to permit a person to board said aircraft where said person has refused to be searched as set out in subsections (5) and (6) of this section.

History:

[18-7503, added 1973, ch. 267, sec. 1, p. 561; am. 2002, ch. 221, sec. 1, p. 621.]
Idaho Code § 18-8701 — Idaho Code / Title 18 / Chapter 87 / Section 18-8701
18-8701 SHORT TITLE.
Status: in_force

18-8701. short title. This chapter shall be known and may be cited as the "No Public Funds for Abortion Act."

History:

[18-8701, added 2021, ch. 334, sec. 1, p. 1015.]
Idaho Code § 18-6723 — Idaho Code / Title 18 / Chapter 67 / Section 18-6723
18-6723 ASSISTANCE IN INSTALLATION AND USE OF A PEN REGISTER OR A TRAP AND TRACE DEVICE.
Status: in_force

18-6723. Assistance in installation and use of a pen register or a trap and trace device. (1) Upon the request of the prosecuting attorney or attorney general, or an officer of a law enforcement agency authorized to install and use a pen register, a provider of wire or electronic communication service, landlord, custodian, or other person shall furnish the applicant, investigative or law enforcement officer forthwith all information, facilities, and technical assistance necessary to accomplish the installation of the pen register unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if such assistance is directed by a court order as provided in section 18-6722, Idaho Code.

(2) Upon the request of a prosecuting attorney or attorney general, or an officer of a law enforcement agency authorized to receive the results of a trap and trace device, a provider of a wire or electronic communication service, landlord, custodian, or other person shall install such device forthwith on the appropriate line and shall furnish such investigative or law enforcement officer all additional information, facilities and technical assistance including installation and operation of the device unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if such installation and assistance is directed by a court order as provided in section 18-6722(2)(b), Idaho Code. Unless otherwise ordered by the court, the results of the trap and trace device shall be furnished to the officer of a law enforcement agency, designated in the court, at reasonable intervals during regular business hours for the duration of the order.

(3) A provider of a wire or electronic communication service, landlord, custodian, or other person who furnishes facilities or technical assistance pursuant to this section shall be reasonably compensated for such reasonable expenses incurred in providing such facilities and assistance.

(4) No cause of action shall lie in any court against any provider of a wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order under this chapter.

(5) A good faith reliance on a court order, a legislative authorization, or a statutory authorization is a complete defense against any civil or criminal action brought under this chapter or any other law.

History:

[18-6723, added 1987, ch. 215, sec. 5, p. 463.]
Idaho Code § 18-3324 — Idaho Code / Title 18 / Chapter 33 / Section 18-3324
18-3324 USE OF CHEMICAL WEAPONS — DEFINITIONS.
Status: in_force

18-3324. Use of chemical weapons — Definitions. (1) Except as provided in subsection (2) of this section, it shall be unlawful for any person to knowingly:

(a) Develop, produce or otherwise acquire, transfer directly or indirectly, receive, stockpile, retain, own, possess, use or threaten to use any chemical weapon; or

(b) Assist or induce in any way a person to violate, or attempt or conspire to violate, subsection (1)(a) of this section.

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

(a) The retention, ownership, possession, transfer or receipt of a chemical weapon by a department, agency or other entity of the state of Idaho or the United States; or

(b) Any person, including a member of the armed forces of the United States, who is authorized by law or by an appropriate officer of the state of Idaho or the United States to retain, possess, transfer or receive a chemical weapon; or

(c) To an otherwise nonculpable person in an emergency situation if such person is attempting to seize or destroy the weapon.

(3) (a) Any person who violates this section is guilty of a felony and shall be punished by imprisonment for a term of up to and including life imprisonment or by a fine not exceeding fifty thousand dollars ($50,000), or by both.

(b) The attorney general of the state of Idaho may bring a civil action in a state district court against any person who violates this section and, upon proof of such violation by a preponderance of the evidence, such person shall be required to pay a civil penalty in an amount not to exceed one hundred thousand dollars ($100,000) for each violation. The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law or administrative remedy which is otherwise available by law to the state of Idaho or any other person.

(c) The court shall order any person convicted of an offense under this section to reimburse the state of Idaho for any expenses incurred by the state incident to the seizure, storage, handling, transportation, destruction or other disposition of any property or material seized in connection with an investigation of the commission of an offense by that person.

(d) The state of Idaho may obtain in a civil action an injunction against any conduct prohibited in subsection (1) of this section or the preparation or solicitation to engage in such conduct.

(4) Nothing in this section shall be construed to prohibit the possession or use of any individual self-defense device, including devices which contain pepper spray or chemical mace.

(5) As used in this section:

(a) "Chemical weapon" means the following, together or separately:

(i) A toxic chemical and its precursors, except where intended for a purpose not prohibited by this section provided the type and quantity of such chemical or precursors are consistent with such a purpose;

(ii) A munition or device that is specifically designed to cause death or other harm through toxic properties of those toxic chemicals specified in paragraph (5)(a)(i) of this section and that would be released as a result of the employment of such munition or device;

(iii) Any equipment specifically designed for use directly in connection with the employment of munitions or devices specified in paragraph (5)(a)(ii) of this section.

(b) Except as otherwise provided, "person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, the state of Idaho or any political subdivision thereof, or any political entity within the state, any foreign government or nation or any agency, instrumentality or political subdivision of such government or nation located in the state of Idaho.

(c) "Precursor" means any chemical reactant that takes part at any stage in the production, by whatever method, of a toxic chemical. The term includes any key component of a binary or multicomponent chemical system.

(d) "Purposes not prohibited by this section" means:

(i) Any peaceful purpose related to an industrial, agricultural, research, medical or pharmaceutical activity or other activity;

(ii) Any purpose directly related to protection against toxic chemicals or chemical weapons;

(iii) Any military purpose of the United States that is not connected with the use of a chemical weapon or that is not dependent on the use of the toxic or poisonous properties of the chemical weapon to cause death or other harm; or

(iv) Any law enforcement purpose, including any domestic riot control purpose and the imposition of capital punishment.

(e) "Toxic chemical" means any chemical that, through its chemical action on life processes, can cause death, temporary incapacitation or permanent harm to animals, including humans. The term includes all such chemicals, regardless of their form or method of production, and regardless of whether they are produced in facilities, munitions or elsewhere.

History:

[18-3324, added 2002, ch. 222, sec. 3, p. 625.]
Idaho Code § 18-7019 — Idaho Code / Title 18 / Chapter 70 / Section 18-7019
18-7019 INJURING DAMS, CANALS, AND OTHER STRUCTURES — PENALTY.
Status: in_force

18-7019. Injuring dams, canals, and other structures — Penalty. Every person who wilfully and maliciously cuts, breaks, injures or destroys any bridge, dam, canal, flume, aqueduct, levee, embankment, reservoir or other structure erected to create hydraulic power, or to drain or reclaim any swamp and overflowed or marsh land, or to conduct water for mining, manufacturing, reclamation or agricultural purposes, or any embankment necessary to the same, or either of them; or wilfully or maliciously makes, or causes to be made, any aperture in such dam, canal, flume, aqueduct, reservoir, embankment, levee or structure, with intent to injure or destroy the same, is punishable by a fine not exceeding $1,000, or by imprisonment in the state prison not exceeding two years, or by both.

History:

[18-7019, added 1972, ch. 336, sec. 1, p. 977.]
Idaho Code § 18-2321 — Idaho Code / Title 18 / Chapter 23 / Section 18-2321
18-2321 FRAUDULENT PERMISSION OF REGISTRATION.
Status: in_force

18-2321. Fraudulent permission of registration. Any registry agent, or other person, who in any manner shall wilfully or corruptly permit any person not entitled to registration or to a certificate of registration, to be registered or have a certificate of registration, or who delays or fails to deliver the certified copies of the official register and the check list to the judges of election as required by law, or who permits any person to register after the date on which the registration books close, or who shall otherwise wilfully or corruptly violate any of the provisions of the law governing elections, the penalty for which is not herein specially prescribed, shall be punished for each and every offense by imprisonment in the penitentiary for a term of not less than one (1) year nor more than five (5) years, or by a fine of not less than $100 nor more than $2,000, or by both such fine and imprisonment in the discretion of the court.

History:

[18-2321, added 1972, ch. 336, sec. 1, p. 892.]
Idaho Code § 18-1506 — Idaho Code / Title 18 / Chapter 15 / Section 18-1506
18-1506 SEXUAL ABUSE OF A CHILD UNDER THE AGE OF SIXTEEN YEARS.
Status: in_force

18-1506. Sexual abuse of a child under the age of sixteen years. (1) It is a felony for any person eighteen (18) years of age or older, with the intent to gratify the lust, passions, or sexual desire of the actor, minor child or third party, to:

(a) Solicit a minor child under the age of sixteen (16) years to participate in a sexual act;

(b) Cause or have sexual contact with such minor child, not amounting to lewd conduct as defined in section 18-1508, Idaho Code; or

(c) Induce, cause or permit a minor child to witness an act of sexual conduct.

(2) For the purposes of this section, "solicit" means any written, verbal, or physical act which is intended to communicate to such minor child the desire of the actor or third party to participate in a sexual act or participate in sexual foreplay, by the means of sexual contact, photographing or observing such minor child engaged in sexual contact.

(3) For the purposes of this section, "sexual contact" means any physical contact between such minor child and any person, which is caused by the actor, or the actor causing such minor child to have self contact.

(4) For the purposes of this section, "sexual conduct" means human masturbation, sexual intercourse, sadomasochistic abuse, or any touching of the genitals or pubic areas of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.

(5) Any person guilty of a violation of the provisions of this section shall be imprisoned in the state prison for a period not to exceed twenty-five (25) years.

History:

[18-1506, added 1982, ch. 192, sec. 1, p. 519; am. 1984, ch. 63, sec. 1, p. 112; am. 1987, ch. 178, sec. 1, p. 354; am. 1988, ch. 329, sec. 1, p. 991; am. 1992, ch. 145, sec. 1, p. 439; am. 2006, ch. 178, sec. 3, p. 545; am. 2008, ch. 240, sec. 1, p. 721; am. 2022, ch. 123, sec. 1, p. 434.]
Idaho Code § 18-4402 — Idaho Code / Title 18 / Chapter 44 / Section 18-4402
18-4402 DISCLOSING INDICTMENT BEFORE ARREST OF DEFENDANT.
Status: in_force

18-4402. Disclosing indictment before arrest of defendant. Every grand juror, prosecuting attorney, clerk, judge or other officer who, except by issuing or in executing a warrant of arrest, wilfully discloses the fact of a presentment or indictment having been made for a felony, until the defendant has been arrested, is guilty of a misdemeanor.

History:

[18-4402, added 1972, ch. 336, sec. 1, p. 935.]
Idaho Code § 18-803 — Idaho Code / Title 18 / Chapter 8 / Section 18-803
18-803 ARSON IN THE SECOND DEGREE — BURNING OF A STRUCTURE — PENALTIES.
Status: in_force

18-803. Arson in the second degree — Burning of a structure — Penalties. Any person who willfully and unlawfully, by fire or explosion, damages any structure, whether the property of the actor or another, not included or described in the preceding section, is guilty of arson in the second degree, and upon conviction thereof shall be sentenced to the custody of the department of correction for not more than fifteen (15) years or fined not more than seventy-five thousand dollars ($75,000) or both.

History:

[18-803, added 1993, ch. 107, sec. 4, p. 275.]
Idaho Code § 18-7037 — Idaho Code / Title 18 / Chapter 70 / Section 18-7037
18-7037 UNAUTHORIZED RELEASE OF CERTAIN ANIMALS, BIRDS OR AQUATIC SPECIES — PENALTIES.
Status: in_force

18-7037. Unauthorized release of certain animals, birds or aquatic species — Penalties. (1) Any person who without expressed permission from the owner or agent releases an animal, a bird, or an aquatic species which has been lawfully confined for agriculture, science, research, commerce, public propagation, protective custody, or education is liable: (a) to the owner or agent exercising possession of the animal, bird or aquatic species for damages and replacement costs, including the costs of restoring the animal, bird, or aquatic species to confinement and to its health condition prior to release; and (b) for damage to personal and real property caused by the release of the animal, bird or aquatic species. If the release causes the failure of an experiment, the person is liable for all costs of repeating the experiment, including replacement of the animal, bird or aquatic species.

(2) Any person who intentionally and without permission releases an animal, a bird, or an aquatic species which has been lawfully confined for agriculture, science, research, commerce, public propagation, protective custody, or education is guilty of a misdemeanor.

History:

[18-7037, added 1990, ch. 38, sec. 1, p. 58.]
Idaho Code § 18-3301 — Idaho Code / Title 18 / Chapter 33 / Section 18-3301
18-3301 DEADLY WEAPON — POSSESSION WITH INTENT TO ASSAULT.
Status: in_force

18-3301. Deadly weapon — Possession with intent to assault. Every person having upon him any deadly weapon with intent to assault another is guilty of a misdemeanor.

History:

[18-3301, added 1972, ch. 336, sec. 1, p. 911.]
Idaho Code § 18-1801 — Idaho Code / Title 18 / Chapter 18 / Section 18-1801
18-1801 CRIMINAL CONTEMPTS.
Status: in_force

18-1801. Criminal contempts. Every person guilty of any contempt of court, of either of the following kinds, is guilty of a misdemeanor:

1. Disorderly, contemptuous or insolent behavior committed during the sitting of any court of justice, in immediate view and presence of the court and directly tending to interrupt its proceedings or to impair the respect due to its authority.

2. Behavior of the like character committed in the presence of any referee, while actually engaged in any trial or hearing, pursuant to the order of any court, or in the presence of any jury, while actually sitting for the trial of a cause, or upon any inquest or other proceeding authorized by law.

3. Any breach of the peace, noise or other disturbance directly tending to interrupt the proceedings of any court.

4. Wilful disobedience of any process or order lawfully issued by any court.

5. Resistance wilfully offered by any person to the lawful order or process of any court.

6. The contumacious and unlawful refusal of any person to be sworn as a witness; or, when so sworn, the like refusal to answer any material question.

History:

[18-1801, added 1972, ch. 336, sec. 1, p. 879; am. 1994, ch. 131, sec. 8, p. 298.]
Idaho Code § 18-3319A — Idaho Code / Title 18 / Chapter 33 / Section 18-3319A
18-3319A UNLAWFUL ACTS — HOAX DESTRUCTIVE DEVICE.
Status: in_force

18-3319A. unlawful acts — hoax destructive device. (1) A person is guilty of a felony if such person intentionally causes a reasonable person to be in fear of serious bodily injury or death by:

(a) Possessing, manufacturing, selling, giving, mailing, sending or causing to be sent to another person a hoax destructive device; or

(b) Placing or causing to be placed a hoax destructive device at any location; or

(c) Conspiring to use, using or causing to be used a hoax destructive device in the commission of or an attempt to commit a felony.

(2) A violation of the provisions of paragraph (a) or (b) of subsection (1) of this section is punishable by imprisonment in the state prison not to exceed five (5) years.

(3) A violation of the provisions of paragraph (c) of subsection (1) of this section is punishable by imprisonment in the state prison not to exceed fifteen (15) years and by a fine not exceeding fifteen thousand dollars ($15,000).

History:

[18-3319A, added 2010, ch. 261, sec. 2, p. 663.]
Idaho Code § 18-3911 — Idaho Code / Title 18 / Chapter 39 / Section 18-3911
18-3911 WILD FLOWERS OR SHRUBS ALONG HIGHWAY — REMOVAL OR TRANSPORT ILLEGAL.
Status: in_force

18-3911. Wild flowers or shrubs along highway — Removal or transport illegal. (1) It is the duty of all citizens of this state to protect the wild flowers of this state referred to in this section from needless destruction and waste.

(2) It shall be unlawful for any person in this state to wilfully and negligently cut, dig up, trim, pick, or remove, any plant, flower, shrub, bush, fruit or other vegetation growing upon the right of way of any public highway within this state.

(3) It shall be unlawful for any person to export from this state, or to sell or offer for sale or transport bulbs, corms, rhizomes, roots or plants of native wild flowers or shrubs of the state of any of the following genera:

a. Tiger lily … Lilium Columbianum

b. Queen Cup … Clintonia uniflora

c. Trillium (both species)

d. Lady's Slipper … Cypripedium montanum

e. Stream orchis … Epipactis Gigantea

f. Coral root … Corallorhiza (all species)

g. Columbine … Aquilegia formosa

h. Syringa or mock orange … Philadelphus lewisii

i. Dogwood … Cornus nuttallii and canadensis

j. Indian Pipe Family (all members)

k. Rhododendron (all species)

l. Twin Flower … Linnaea americana

m. Mission bells or rive root … Fritillaria lanceolata

n. Bitter root … Lewisia rediviva

o. Angel slipper, fairy slipper … Calypso bulbosa

(4) It shall be unlawful for any person to sell or transport or offer for sale the bulbs, corms, rhizomes, roots or parts of any of the plants or shrubs mentioned in subsections (2) and (3) of this section which have been dug, pulled up or gathered upon any highway.

(5) The provisions of this section shall not be construed to apply to any employee of the federal government or of the state of Idaho or of any political subdivision of the state engaged in work upon any state, county or public road or highway while performing such work under the supervision of the federal government, the state or any political subdivision thereof.

(6) The provisions of this section shall not be construed to apply to the owner of any tract or tracts of land, or to his agents or employee, as to such tract or tracts, or to any shrub, plant or other vegetation which is declared by law to be a public nuisance.

(7) Nothing in this section shall be construed as prohibiting the digging, pulling, gathering or sending out of this state, at such times the Idaho transportation department may approve, any propagated plants or shrubs mentioned in subsections (2) and (3) of this section, in such quantity and at such times as the agency or persons having control of the land, public or private, may determine and approve.

History:

[I.C., sec. 18-3911, as added by 1972, ch. 336, sec. 1, p. 926; am. 1974, ch. 12, sec. 87, p. 61.]
Idaho Code § 18-6703 — Idaho Code / Title 18 / Chapter 67 / Section 18-6703
18-6703 MANUFACTURE, DISTRIBUTION, POSSESSION, AND ADVERTISING OF WIRE, ELECTRONIC OR ORAL COMMUNICATION INTERCEPTING DEVICES PROHIBITED.
Status: in_force

18-6703. Manufacture, distribution, possession, and advertising of wire, electronic or oral communication intercepting devices prohibited. (1) Except as otherwise specifically provided in this chapter any person who willfully:

(a) Sends through the mail or sends or carries any electronic, mechanical, or other device, with the intention of rendering it primarily useful for the purpose of the illegal interception of wire, electronic or oral communications as specifically defined by this chapter; or

(b) Manufactures, assembles, possesses, or sells any electronic, mechanical, or other device with the intention of rendering it primarily useful for the purpose of the illegal interception of wire, electronic or oral communications as specifically defined by this chapter, shall be guilty of a felony and is punishable by imprisonment in the state penitentiary for a term of five (5) years or by a fine of five thousand dollars ($5,000), or by both such fine and imprisonment.

(2) It is lawful under this section for:

(a) A provider of wire or electronic communication service or an officer, agent, or employee of, or a person under contract with, such a provider, in the normal course of business; or

(b) An officer, agent, or employee of, or a person under contract with, bidding upon contracts with, or in the course of doing business with, the United States, a state, or a political subdivision thereof, in the normal course of the activities of the United States, a state, or a political subdivision thereof, to send through the mail, send or carry in interstate or foreign commerce, or manufacture, assemble, possess, or sell any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire, electronic or oral communication.

(3) It shall not be unlawful under this section to advertise for sale a device described in subsection (1) of this section if the advertisement is mailed, sent or carried solely to a domestic provider of wire or electronic communication service or to an agency of the United States, any state, or a political subdivision thereof that is duly authorized to use such device.

History:

[18-6703, added 1980, ch. 326, sec. 2, p. 835; am. 2002, ch. 223, sec. 3, p. 637.]
Idaho Code § 18-6711A — Idaho Code / Title 18 / Chapter 67 / Section 18-6711A
18-6711A FALSE ALARMS — COMPLAINTS — REPORTS — PENALTIES — CIVIL DAMAGES.
Status: in_force

18-6711A. False alarms — Complaints — Reports — Penalties — Civil damages. (a) Any person calling the number "911" for the purpose of making a false alarm or complaint and reporting false information which could or does result in the emergency response of any firefighting, police, medical or other emergency services shall be guilty of a misdemeanor and upon conviction thereof shall be sentenced to a fine of not to exceed one thousand dollars ($1,000) or to a term of not to exceed one (1) year in the county jail, or to both such fine and imprisonment.

(b) In addition to the criminal penalties for violation of the provisions of this section, civil damages may be recovered from the person so convicted in an amount of three (3) times the amount necessary to compensate or reimburse the complainant for costs incurred, losses sustained or other damages suffered in receiving, acting upon or responding to the false alarm, complaint or report. If the person so convicted is under the age of eighteen (18) years of age, the parent having legal custody of the minor may be jointly and severally liable with the minor for such civil damages as are imposed. Recovery from the parents shall not be limited by any other provision of law which limits the liability of a parent for the tortious or criminal conduct of a minor. A parent not having legal custody of the minor shall not be liable for civil damages imposed hereunder.

History:

[18-6711A, added 1990, ch. 133, sec. 1, p. 306; am. 2005, ch. 359, sec. 10, p. 1136; am. 2012, ch. 257, sec. 3, p. 709.]
Idaho Code § 18-3604 — Idaho Code / Title 18 / Chapter 36 / Section 18-3604
18-3604 PUNISHMENT FOR FORGERY.
Status: in_force

18-3604. Punishment for forgery. Forgery is punishable by imprisonment in the state prison for not less than one (1) nor more than fourteen (14) years.

History:

[18-3604, added 1972, ch. 336, sec. 1, p. 917.]
Idaho Code § 18-3810 — Idaho Code / Title 18 / Chapter 38 / Section 18-3810
18-3810 SLOT MACHINES — POSSESSION UNLAWFUL — EXCEPTION.
Status: in_force

18-3810. Slot machines — Possession unlawful — Exception. (1) Except as otherwise provided in this section, it shall be a misdemeanor for any person to use, possess, operate, keep, sell, or maintain for use or operation or otherwise, anywhere within the state of Idaho, any slot machine of any sort or kind whatsoever.

(2) The provisions of section 18-3804, Idaho Code, shall not apply to antique slot machines. For the purpose of this section, an antique slot machine is a slot machine manufactured prior to 1950, the operation of which is exclusively mechanical in nature and is not aided in whole or in part by any electronic means.

(3) Antique slot machines may be sold, possessed or located for purposes of display only and not for operation.

(4) An antique slot machine may not be operated for any purpose.

History:

[18-3810, added 1986, ch. 8, sec. 2, p. 49; am. 2006, ch. 71, sec. 13, p. 220.]
Idaho Code § 18-5405 — Idaho Code / Title 18 / Chapter 54 / Section 18-5405
18-5405 INCOMPETENCY OF WITNESS NO DEFENSE.
Status: in_force

18-5405. Incompetency of witness no defense. It is no defense to a prosecution for perjury that the accused was not competent to give the testimony, deposition or certificate of which falsehood is alleged. It is sufficient that he did give such testimony or make such deposition or certificate.

History:

[18-5405, added 1972, ch. 336, sec. 1, p. 949.]
Idaho Code § 18-7602 — Idaho Code / Title 18 / Chapter 76 / Section 18-7602
18-7602 DEFINITIONS.
Status: in_force

18-7602. Definitions. As used in this chapter, the terms defined in this section shall have the following meanings, unless the context clearly indicates another meaning:

(1) "Person" means any individual, firm, partnership, corporation or association of individuals.

(2) "Owner" means the person who owns the original fixation of sounds embodied in the master phonograph record, master disc, master tape, master film, or other device used for reproducing sounds on phonograph records, discs, tapes, films, or other articles upon which sound is recorded, and from which transferred recorded sounds are directly derived.

History:

[18-7602, added 1976, ch. 112, sec. 1, p. 440.]
Idaho Code § 18-3621 — Idaho Code / Title 18 / Chapter 36 / Section 18-3621
18-3621 MAKING FALSE STATEMENTS TO DETAIN REAL PROPERTY.
Status: in_force

18-3621. making false statements to detain real property. Any person who, with the intent to detain or remain on real property, knowingly and willfully presents to another person a false document purporting to be a valid lease agreement, deed, or other instrument conveying real property rights commits a misdemeanor.

History:

[18-3621, added 2025, ch. 222, sec. 2, p. 1044.]
Idaho Code § 18-315 — Idaho Code / Title 18 / Chapter 3 / Section 18-315
18-315 OMISSION OF PUBLIC DUTY.
Status: in_force

18-315. Omission of public duty. Every wilful omission to perform any duty enjoined by law upon any public officer, or person holding any public trust or employment, where no special provision shall have been made for the punishment of such delinquency, is punishable as a misdemeanor.

History:

[18-315, added 1972, ch. 336, sec. 1, p. 859.]
Idaho Code § 18-1519 — Idaho Code / Title 18 / Chapter 15 / Section 18-1519
18-1519 EACH PROHIBITED ITEM DISSEMINATED CONSTITUTES SEPARATE OFFENSE.
Status: in_force

18-1519. Each prohibited item disseminated constitutes separate offense. If more than one (1) article or item of material prohibited under this statute, is sold, given, advertised for sale, distributed commercially or promoted, in violation of the provisions of this act by the same person, each such sale, gift, advertisement, distribution, or promotion shall constitute a separate offense.

History:

[I.C., sec. 18-1519, as added by 1972, ch. 336, sec. 1, p. 876.]
Idaho Code § 18-6604 — Idaho Code / Title 18 / Chapter 66 / Section 18-6604
18-6604 FORCIBLE PENETRATION BY USE OF FOREIGN OBJECT.
Status: in_force

18-6604. Forcible penetration by use of foreign object. (1) A person violates this section when that person willfully causes the penetration, however slight, of the genital or anal opening of any person, by any object, instrument, or device:

(a) Against the victim's will by:

(i) Use of force or violence; or

(ii) Duress; or

(iii) Threats of immediate and great bodily harm, accompanied by apparent power of execution; or

(b) Where the victim is incapable, through any unsoundness of mind, whether temporary or permanent, of giving legal consent; or

(c) Where the victim is prevented from resistance by any intoxicating, narcotic, or anesthetic substance; or

(d) Where the victim is at the time unconscious of the nature of the act because the victim:

(i) Was unconscious or asleep; or

(ii) Was not aware, knowing, perceiving, or cognizant that the act occurred.

(2) A person who violates the provisions of this section shall be guilty of a felony and shall be punished by imprisonment in the state prison for not more than life.

(3) The provisions of this section shall not apply to bona fide medical, health care, or hygiene procedures.

History:

[(18-6604) 18-6608, added 1983, ch. 176, sec. 1, p. 484; am. 2002, ch. 360, sec. 1, p. 1018; am. 2014, ch. 165, sec. 1, p. 467; am. 2018, ch. 323, sec. 1, p. 753; am. and redesig. 2022, ch. 124, sec. 8, p. 438.]
Idaho Code § 18-401 — Idaho Code / Title 18 / Chapter 4 / Section 18-401
18-401 DESERTION AND NONSUPPORT OF CHILDREN OR SPOUSE.
Status: in_force

18-401. Desertion and nonsupport of children or spouse. Every person who:

(1) Having any child under the age of eighteen (18) years dependent upon him or her for care, education or support, deserts such child in any manner whatever, with intent to abandon it;

(2) Willfully omits, without lawful excuse, to furnish necessary food, clothing, shelter, or medical attendance for his or her child or children, or ward or wards; provided however, that the practice of a parent or guardian who chooses for his child treatment by prayer or spiritual means alone shall not for that reason alone be construed to be a violation of the duty of care to such child;

(3) Having sufficient ability to provide for a spouse's support, or who is able to earn the means for such spouse's support, who willfully abandons and leaves a spouse in a destitute condition, or who refuses or neglects to provide such spouse with necessary food, clothing, shelter, or medical attendance, unless by the spouse's misconduct he or she is justified in abandoning him or her;

Shall be guilty of a felony and shall be punishable by a fine of not more than five hundred dollars ($500), or by imprisonment for not to exceed fourteen (14) years, or both.

History:

[I.C., sec. 18-401, as added by 1972, ch. 336, sec. 1, p. 859; am. 1972, ch. 381, sec. 8, p. 1089; am. 2000, ch. 294, sec. 1, p. 1011.]
Idaho Code § 18-5001 — Idaho Code / Title 18 / Chapter 50 / Section 18-5001
18-5001 MAYHEM DEFINED.
Status: in_force

18-5001. Mayhem defined. Every person who unlawfully and maliciously deprives a human being of a member of his body, or disables, disfigures or renders it useless, or cuts out or disables the tongue, puts out an eye, slits the nose, ear or lip, is guilty of mayhem.

History:

[18-5001, added 1972, ch. 336, sec. 1, p. 946.]
Idaho Code § 18-3907 — Idaho Code / Title 18 / Chapter 39 / Section 18-3907
18-3907 OBSTRUCTION OF HIGHWAYS.
Status: in_force

18-3907. Obstruction of highways. Any person who obstructs, injures or damages any public road, street or highway, either by placing obstruction therein or by digging in, deepening or deviating the water of any stream, or by placing any obstruction in any ditch or stream within or along any public road, street or highway, or by placing or constructing any obstruction, ditch or embankments upon his own or other lands, so as to make or cause any water to flow upon or impair any public road, street or highway, or rides or drives upon and along the sidewalk of any road, street or highway, whenever such sidewalk has been graded or graveled, located or designated by any order of the board of commissioners or city council, or prepared in any other manner dedicating and designating the same for and to that particular use and purpose, either by the property owner or by the public, or in any other manner injures or obstructs any public road, street or highway, is guilty of a misdemeanor.

History:

[I.C., sec. 18-3907, as added by 1972, ch. 336, sec. 1, p. 925.]
Idaho Code § 18-1512 — Idaho Code / Title 18 / Chapter 15 / Section 18-1512
18-1512 MEDICAL BILLS PAYMENT FOR CHILD TO BE ADOPTED OR MOTHER AN EXCEPTION.
Status: in_force

18-1512. Medical bills payment for child to be adopted or mother an exception. Paying of medical bills, either for a child to be adopted or for the mother of such child, shall not be considered a violation of this act.

History:

[I.C., sec. 18-1512, as added by 1972, ch. 336, sec. 1, p. 873.]
Idaho Code § 18-2409 — Idaho Code / Title 18 / Chapter 24 / Section 18-2409
18-2409 PLEADING AND PROOF.
Status: in_force

18-2409. Pleading and proof. (1) Where it is an element of the crime charged that property was taken from the person or obtained by extortion, an indictment, complaint or information for theft must so specify. In all other cases, an indictment, information or complaint for theft is sufficient if it alleges that the defendant stole property of the nature or value required for the commission of the crime charged without designating the particular way or manner in which such property was stolen or the particular theory of theft involved.

(2) Proof that the defendant engaged in any conduct constituting theft as defined in section 18-2403, Idaho Code, is sufficient to support any indictment, information or complaint for theft other than one charging theft by extortion. An indictment, complaint or information charging theft by extortion must be supported by proof establishing theft by extortion.

History:

[18-2409, added 1981, ch. 183, sec. 2, p. 325; am. 1982, ch. 272, sec. 2, p. 704.]
Idaho Code § 18-2502 — Idaho Code / Title 18 / Chapter 25 / Section 18-2502
18-2502 OFFICERS ASSISTING IN ESCAPE.
Status: in_force

18-2502. Officers assisting in escape. Any sheriff, deputy sheriff, peace officer, correctional officer or other employee of a correctional facility, as defined in section 18-101A, Idaho Code, including a private correctional facility, who fraudulently contrives, procures, aids, connives at, or voluntarily permits the escape of any prisoner in custody, is punishable by imprisonment in the state prison not exceeding ten (10) years, and fine not exceeding ten thousand dollars ($10,000). Every such officer or person who negligently suffers such escape is guilty of a misdemeanor.

History:

[18-2502, added 1972, ch. 336, sec. 1, p. 896; am. 2000, ch. 272, sec. 5, p. 790.]
Idaho Code § 18-1309 — Idaho Code / Title 18 / Chapter 13 / Section 18-1309
18-1309 BRIBERY OF MUNICIPAL OR COUNTY OFFICERS — PENALTIES.
Status: in_force

18-1309. Bribery of municipal or county officers — Penalties. Every person who gives or offers a bribe to any member of any common council, board of county commissioners or board of trustees of any county, city or corporation, with intent to corruptly influence such member in his action on any matter or subject pending before a body of which he is a member and every member of either of the bodies mentioned in this section who receives or offers to receive any such bribe and every person who gives or offers a bribe to any sheriff, deputy sheriff, policeman, constable, prosecuting attorney, or other officer charged with the enforcement of the laws of this state to receive or secure immunity from arrest, prosecution or punishment for a violation or contemplated violation of the laws of this state or any such officer who receives or offers to receive any such bribe is punishable by imprisonment in the state prison for a term not less than one (1) nor more than fourteen (14) years.

History:

[18-1309, added 1972, ch. 336, sec. 1, p. 871.]
Idaho Code § 18-310 — Idaho Code / Title 18 / Chapter 3 / Section 18-310
18-310 IMPRISONMENT — EFFECT ON CIVIL RIGHTS AND OFFICES.
Status: in_force

18-310. Imprisonment — Effect on civil rights and offices. (1) A sentence of custody to the Idaho state board of correction suspends all the civil rights of the person so sentenced, including the right to refuse treatment authorized by the sentencing court, and forfeits all public offices and all private trusts, authority or power during such imprisonment: provided that any such person may bring an action for damages or other relief in the courts of this state or have an action brought against such person; and provided further that any such person may lawfully exercise all civil rights that are not political during any period of parole or probation, except the right to ship, transport, possess or receive a firearm, and the right to refuse treatment authorized by the sentencing court.

(2) Upon final discharge, a person convicted of any Idaho felony shall be restored the full rights of citizenship, except that for persons convicted of treason or those offenses enumerated in paragraphs (a) through (hh) of this subsection the right to ship, transport, possess or receive a firearm shall not be restored. As used in this subsection, "final discharge" means satisfactory completion of imprisonment, probation and parole as the case may be.

(a) Aggravated assault (18-905, 18-915, Idaho Code);

(b) Aggravated battery (18-907, 18-915, Idaho Code);

(c) Assault with intent to commit a serious felony (18-909, 18-915, Idaho Code);

(d) Battery with intent to commit a serious felony (18-911, 18-915, Idaho Code);

(e) Burglary (18-1401, Idaho Code);

(f) Domestic battery, felony (18-918, Idaho Code);

(g) Enticing of children, felony (18-1509, Idaho Code);

(h) Forcible sexual penetration by use of a foreign object (18-6604, Idaho Code);

(i) Indecent exposure, felony (18-4116, Idaho Code);

(j) Injury to child, felony (18-1501, Idaho Code);

(k) Intimidating a witness, felony (18-2604, Idaho Code);

(l) Lewd conduct with a minor or child under sixteen (18-1508, Idaho Code);

(m) Sexual abuse of a child under sixteen (18-1506, Idaho Code);

(n) Sexual exploitation of a child (18-1507, Idaho Code);

(o) Felonious rescuing prisoners (18-2501, Idaho Code);

(p) Escape by one charged with, convicted of or on probation for a felony (18-2505, Idaho Code);

(q) Unlawful possession of a firearm (18-3316, Idaho Code);

(r) Degrees of murder (18-4003, Idaho Code);

(s) Voluntary manslaughter (18-4006(1), Idaho Code);

(t) Assault with intent to murder (18-4015, Idaho Code);

(u) Administering poison with intent to kill (18-4014, Idaho Code);

(v) Kidnapping (18-4501, Idaho Code);

(w) Mayhem (18-5001, Idaho Code);

(x) Rape (18-6101, Idaho Code);

(y) Robbery (18-6501, Idaho Code);

(z) Ritualized abuse of a child (18-1506A, Idaho Code);

(aa) Cannibalism (18-5003, Idaho Code);

(bb) Felonious manufacture, delivery or possession with the intent to manufacture or deliver, or possession of a controlled or counterfeit substance (37-2732, Idaho Code);

(cc) Trafficking (37-2732B, Idaho Code);

(dd) Threats against state officials of the executive, legislative or judicial branch, felony (18-1353A, Idaho Code);

(ee) Unlawful discharge of a firearm at a dwelling house, occupied building, vehicle or mobile home (18-3317, Idaho Code);

(ff) Unlawful possession of destructive devices (18-3319, Idaho Code);

(gg) Unlawful use of destructive device or bomb (18-3320, Idaho Code);

(hh) Attempt (18-306, Idaho Code), conspiracy (18-1701, Idaho Code), or solicitation (18-2001, Idaho Code), to commit any of the crimes described in paragraphs (a) through (gg) of this subsection.

(ii) The provisions of this subsection shall apply only to those persons convicted of the enumerated felonies in paragraphs (a) through (hh) of this subsection on or after July 1, 1991, except that persons convicted of the felonies enumerated in paragraphs (r) and (s) of this subsection, for any degree of murder or voluntary manslaughter, shall not be restored the right to ship, transport, possess or receive a firearm, regardless of the date of their conviction if the conviction was the result of an offense committed by use of a firearm.

(3) A person not restored to the civil right to ship, transport, possess or receive a firearm may make application to the commission of pardons and parole to restore the civil right to ship, transport, possess or receive a firearm. The commission shall not accept any such application until five (5) years after the date of final discharge. The commission shall conduct the proceeding upon such application pursuant to rules adopted in accordance with the law. The commission shall not restore the right to ship, transport, possess or receive a firearm to any person convicted of murder in the first degree (18-4003, Idaho Code), murder in the second degree (18-4003, Idaho Code), or any felony enumerated in paragraphs (a) through (hh) of subsection (2) of this section, upon which the sentence was enhanced for the use of a firearm during the commission of said felony.

(4) Persons convicted of felonies in other states or jurisdictions, except for persons convicted of treason, shall be allowed to register and vote in Idaho upon final discharge which means satisfactory completion of imprisonment, probation and parole as the case may be. These individuals shall not have the right restored to ship, transport, possess or receive a firearm in the same manner as an Idaho felon as provided in subsection (2) of this section.

History:

[18-310, added 1972, ch. 336, sec. 1, p. 858; am. 1981, ch. 182, sec. 1, p. 318; am. 1982, ch. 368, sec. 6, p. 924; am. 1991, ch. 202, sec. 1, p. 481; am. 1993, ch. 120, sec. 2, p. 309; am. 1993, ch. 184, sec. 1, p. 465; am. 1998, ch. 171, sec. 1, p. 592; am. 2003, ch. 113, sec. 1, p. 356; am. 2003, ch. 253, sec. 1, p. 653; am. 2004, ch. 166, sec. 1, p. 541; am. 2016, ch. 296, sec. 8, p. 836; am. 2022, ch. 124, sec. 12, p. 446; am. 2026, ch. 64, sec. 1, p. 264.]
Idaho Code § 18-5630 — Idaho Code / Title 18 / Chapter 56 / Section 18-5630
18-5630 FORFEITURE OF SUBSTITUTE PROPERTY.
Status: in_force

18-5630. FORFEITURE OF SUBSTITUTE PROPERTY. If any of the property described in section 18-5612, Idaho Code, as a result of any act or omission of the defendant:

(1) Cannot be located upon the exercise of due diligence;

(2) Has been transferred or sold to, or deposited with, a third party;

(3) Has been placed beyond the jurisdiction of the court;

(4) Has been substantially diminished in value; or

(5) Has been commingled with other property that cannot be divided without difficulty;

the court shall order the forfeiture of any other property of the defendant up to the value of any property described in section 18-5612, Idaho Code.

History:

[18-5630, added 2013, ch. 249, sec. 13, p. 608.]
Idaho Code § 18-4305 — Idaho Code / Title 18 / Chapter 43 / Section 18-4305
18-4305 INTERFERENCE WITH HEADGATE — CUTTING BANKS OF STREAM.
Status: in_force

18-4305. Interference with headgate — Cutting banks of stream. If any obstruction shall be wilfully and maliciously placed on any overflow gauge in any stream of water which is used for irrigation and is under control of a water master, and such obstruction retards or impedes the free overflow of the water of such stream, thereby increasing the pressure against a headgate through which water is diverted by means of such dam, or if any headgate regulated by a water master shall be removed, broken, injured or interfered with so as to disturb the distribution of the water as regulated by the water master, or if any bank of the natural stream, the water of which is being used for irrigation and is being distributed by a water master, shall be cut away so as to increase the flow of water from such stream, thereby interfering with the distribution of the water as regulated by a water master, the person or persons so interrupting the flow of said water as aforesaid, shall be guilty of a misdemeanor.

History:

[18-4305, added 1972, ch. 336, sec. 1, p. 934.]
Idaho Code § 18-7042 — Idaho Code / Title 18 / Chapter 70 / Section 18-7042
18-7042 INTERFERENCE WITH AGRICULTURAL PRODUCTION.
Status: in_force

18-7042. interference with agricultural production. (1) A person commits the crime of interference with agricultural production if the person knowingly:

(a) Is not employed by an agricultural production facility and enters an agricultural production facility by force, threat, misrepresentation or trespass;

(b) Obtains records of an agricultural production facility by force, threat, misrepresentation or trespass;

(c) Obtains employment with an agricultural production facility by force, threat, or misrepresentation with the intent to cause economic or other injury to the facility's operations, livestock, crops, owners, personnel, equipment, buildings, premises, business interests or customers;

(d) Enters an agricultural production facility that is not open to the public and, without the facility owner's express consent or pursuant to judicial process or statutory authorization, makes audio or video recordings of the conduct of an agricultural production facility's operations; or

(e) Intentionally causes physical damage or injury to the agricultural production facility's operations, livestock, crops, personnel, equipment, buildings or premises.

(2) For purposes of this section:

(a) "Agricultural production" means activities associated with the production of agricultural products for food, fiber, fuel and other lawful uses and includes without limitation:

(i) Construction, expansion, use, maintenance and repair of an agricultural production facility;

(ii) Preparing land for agricultural production;

(iii) Handling or applying pesticides, herbicides or other chemicals, compounds or substances labeled for insects, pests, crops, weeds, water or soil;

(iv) Planting, irrigating, growing, fertilizing, harvesting or producing agricultural, horticultural, floricultural and viticultural crops, fruits and vegetable products, field grains, seeds, hay, sod and nursery stock, and other plants, plant products, plant byproducts, plant waste and plant compost;

(v) Breeding, hatching, raising, producing, feeding and keeping livestock, dairy animals, swine, furbearing animals, poultry, eggs, fish and other aquatic species, and other animals, animal products and animal byproducts, animal waste, animal compost, and bees, bee products and bee byproducts;

(vi) Processing and packaging agricultural products, including the processing and packaging of agricultural products into food and other agricultural commodities;

(vii) Manufacturing animal feed.

(b) "Agricultural production facility" means any structure or land, whether privately or publicly owned, leased or operated, that is being used for agricultural production.

(3) A person found guilty of committing the crime of interference with agricultural production shall be guilty of a misdemeanor and shall be punished by a term of imprisonment of not more than one (1) year or by a fine not in excess of five thousand dollars ($5,000), or by both such fine and imprisonment.

(4) In addition to any other penalty imposed for a violation of this section, the court shall require any person convicted, found guilty or who pleads guilty to a violation of this section to make restitution to the victim of the offense in accordance with the terms of section 19-5304, Idaho Code. Provided however, that such award shall be in an amount equal to twice the value of the damage resulting from the violation of this section.

History:

[18-7042, added 2014, ch. 30, sec. 1, p. 44.]
Idaho Code § 18-2603 — Idaho Code / Title 18 / Chapter 26 / Section 18-2603
18-2603 DESTRUCTION, ALTERATION OR CONCEALMENT OF EVIDENCE.
Status: in_force

18-2603. Destruction, alteration or concealment of evidence. Every person who, knowing that any book, paper, record, instrument in writing, or other object, matter or thing, is about to be produced, used or discovered as evidence upon any trial, proceeding, inquiry, or investigation whatever, authorized by law, wilfully destroys, alters or conceals the same, with intent thereby to prevent it from being produced, used or discovered, is guilty of a misdemeanor, unless the trial, proceeding, inquiry or investigation is criminal in nature and involves a felony offense, in which case said person is guilty of a felony and subject to a maximum fine of ten thousand dollars ($10,000) and a maximum sentence of five (5) years in prison.

History:

[18-2603, added 1972, ch. 336, sec. 1, p. 898; am. 1983, ch. 250, sec. 1, p. 671; am. 1990, ch. 309, sec. 1, p. 849.]
Idaho Code § 18-6704 — Idaho Code / Title 18 / Chapter 67 / Section 18-6704
18-6704 CONFISCATION OF WIRE, ELECTRONIC OR ORAL COMMUNICATION INTERCEPTING DEVICES.
Status: in_force

18-6704. Confiscation of wire, electronic or oral communication intercepting devices. Any electronic, mechanical, or other device used, sent, carried, manufactured, assembled, possessed, or sold in violation of this chapter may be seized and forfeited to the state.

History:

[18-6704, added 1980, ch. 326, sec. 2, p. 836; am. 2002, ch. 223, sec. 4, p. 637.]
Idaho Code § 18-508 — Idaho Code / Title 18 / Chapter 5 / Section 18-508
18-508 CIVIL REMEDIES.
Status: in_force

18-508. civil remedies. (1) Any woman upon whom an abortion has been performed in violation of the pain-capable unborn child protection act or the father of the unborn child who was the subject of such an abortion may maintain an action against the person who performed the abortion in an intentional or a reckless violation of the provisions of this chapter for actual damages. Any woman upon whom an abortion has been attempted in violation of the provisions of this chapter may maintain an action against the person who attempted to perform the abortion in an intentional or a reckless violation of the provisions of this chapter for actual damages.

(2) A cause of action for injunctive relief against any person who has intentionally or recklessly violated the provisions of this chapter may be maintained by the woman upon whom an abortion was performed or attempted to be performed in violation of the provisions of this chapter, by any person who is the spouse, parent, sibling, or guardian of, or a current or former licensed health care provider of, the woman upon whom an abortion has been performed or attempted to be performed in violation of the provisions of this chapter, by a prosecuting attorney with appropriate jurisdiction, or by the attorney general. The injunction shall prevent the abortion provider from performing or attempting to perform further abortions in violation of the provisions of this chapter in this state.

(3) No damages may be assessed against the woman upon whom an abortion was performed or attempted to be performed.

History:

[18-508, added 2011, ch. 324, sec. 1, p. 948.]
Idaho Code § 18-4304 — Idaho Code / Title 18 / Chapter 43 / Section 18-4304
18-4304 WRONGFUL DIVERSION OF WATER.
Status: in_force

18-4304. Wrongful diversion of water. Any person who without the consent of the water master of the district, diverts any water from a ditch or channel where it has been placed, or caused or left to run by the water master or his deputies, or who shuts or opens any ditch, gate or dam, or in any way impedes or increases the flow of water in any stream or ditch diverting water from a stream, while the same is under the charge of a water master, or who cuts away any embankment of a stream, whereby the water of such stream is diverted, or breaks, injures, or removes any gate, flume or other device used for the equitable distribution of the water of such stream by the water master, shall be guilty of a misdemeanor.

History:

[18-4304, added 1972, ch. 336, sec. 1, p. 933.]
Idaho Code § 18-4116 — Idaho Code / Title 18 / Chapter 41 / Section 18-4116
18-4116 INDECENT EXPOSURE.
Status: in_force

18-4116. Indecent exposure. (1) A person is guilty of a misdemeanor if the person willfully and lewdly, either:

(a) Exposes his or her genitals; exposes developed female breasts, including the areola and nipple; exposes adult male breasts, including the areola and nipple, that have been medically or hormonally altered to appear like developing or developed female breasts; exposes artificial breasts, including the areola and nipple, intended to resemble female breasts; or displays toys or products intended to resemble male or female genitals in any public place or in any place where there is present another person or persons who are offended thereby; or

(b) Procures, counsels, or assists any person so to expose his or her genitals; to expose developed female breasts, including the areola and nipple; to expose adult male breasts, including the areola and nipple, that have been medically or hormonally altered to appear like developing or developed female breasts; to expose artificial breasts, including the areola and nipple, intended to resemble female breasts; or to display toys or products intended to resemble male or female genitals where there is present another person or persons who are offended thereby.

(2) Any person who pleads guilty to or is found guilty of a violation of subsection (1) of this section or a similar statute in another state or any local jurisdiction for a third time within five (5) years, notwithstanding the form of the judgment(s) or withheld judgment(s), is guilty of a felony and may be imprisoned in the state prison for a period not to exceed five (5) years.

(3) The provisions of this section shall not apply to the breastfeeding of a child or the expression of breast milk for the purpose of feeding a child.

History:

[18-4116, added 1996, ch. 241, sec. 1, p. 771; am. 2006, ch. 178, sec. 8, p. 549; am. 2018, ch. 181, sec. 2, p. 397; am. 2025, ch. 173, sec. 1, p. 818.]
Idaho Code § 18-112 — Idaho Code / Title 18 / Chapter 1 / Section 18-112
18-112 PUNISHMENT FOR FELONY.
Status: in_force

18-112. Punishment for felony. Except in cases where a different punishment is prescribed by this code, every offense declared to be a felony 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:

[18-112, added 1972, ch. 336, sec. 1, p. 848; am. 1994, ch. 134, sec. 1, p. 307.]
Idaho Code § 18-3605 — Idaho Code / Title 18 / Chapter 36 / Section 18-3605
18-3605 POSSESSION OF FORGED NOTES OR BANK BILLS OR CHECK OR CHECKS.
Status: in_force

18-3605. Possession of forged notes or bank bills or check or checks. Every person who has in his possession, or receives from another person, any forged promissory note or bank bill, or bills, or check or checks, for the payment of money or property, with the intention to pass the same, or to permit, cause, or procure the same to be uttered or passed, with the intention to defraud any person, knowing the same to be forged or counterfeited, or has or keeps in his possession any blank or unfinished note or bank bill or check made in the form or similitude of any promissory note or bill or check for payment of money or property, made to be issued by any incorporated bank or banking company, with intention to fill up and complete such blank and unfinished note or bill or check, or to permit, or cause, or procure the same to be filled up and completed in order to utter or pass the same, or to permit, or cause, or procure the same to be uttered or passed, to defraud any person, is punishable by imprisonment in the state prison for not less than one (1) nor more than fourteen (14) years.

History:

[I.C., sec. 18-3605, as added by 1972, ch. 336, sec. 1, p. 917.]
Idaho Code § 18-6410 — Idaho Code / Title 18 / Chapter 64 / Section 18-6410
18-6410 ASSEMBLY TO DISTURB PEACE — REFUSAL TO DISPERSE.
Status: in_force

18-6410. Assembly to disturb peace — Refusal to disperse. If two or more persons assemble for the purpose of disturbing the public peace, or committing any unlawful act, and do not disperse on being desired or commanded so to do by a public officer, the persons so offending are severally guilty of a misdemeanor.

History:

[18-6410, added 1972, ch. 336, sec. 1, p. 965.]
Idaho Code § 18-4626 — Idaho Code / Title 18 / Chapter 46 / Section 18-4626
18-4626 WILLFUL CONCEALMENT OF GOODS, WARES OR MERCHANDISE — DEFENSE FOR DETENTION.
Status: in_force

18-4626. Willful concealment of goods, wares or merchandise — Defense for detention. (a) Whoever, without authority, willfully conceals the goods, wares or merchandise of any store or merchant, while still upon the premises of such store or merchant, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished 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. Goods, wares or merchandise found concealed upon the person shall be prima facie evidence of a willful concealment.

(b) Any owner, his authorized employee or agent of any store or merchant, apprehending or detaining a person on or in the immediate vicinity of the premises of any store or merchant, for the purpose of investigation or questioning as to the ownership of any goods, wares or merchandise, shall have as a defense in any action, civil or criminal, that such detention of the person or persons was in a reasonable manner and for not more than a reasonable time to permit such investigation or questioning by a peace officer or by the owner of the store or merchant, his authorized employee or agent, and that such peace officer, owner, employee or agent had probable cause to believe that the person so detained was committing or attempting to commit an offense as set forth in subsection (a) of this section. "Reasonable time" shall mean the time necessary to permit the person detained to make a statement or to refuse to make a statement, and the time necessary to examine employees and records of the store or merchant relative to ownership of the merchandise.

History:

[18-4626, as added by 1972, ch. 336, sec. 1, p. 941; am. 1973, ch. 258, sec. 1, p. 510; am. 2005, ch. 359, sec. 9, p. 1136.]
Idaho Code § 18-1304 — Idaho Code / Title 18 / Chapter 13 / Section 18-1304
18-1304 ATTEMPT TO INFLUENCE JURORS AND ARBITRATORS.
Status: in_force

18-1304. Attempt to influence jurors and arbitrators. Every person who corruptly attempts to influence a juror, or any person summoned or drawn as a juror, or chosen as an arbitrator or umpire, or appointed a referee, in respect to his verdict in, or decision of, any cause pending, or about to be brought before him, either:

1. By means of any communication, oral or written, had with him, except in the regular course or proceedings;

2. By means of any book, paper or instrument exhibited, otherwise than in the regular course of proceedings;

3. By means of any threat, intimidation, persuasion or entreaty; or,

4. By means of any promise or assurance of any pecuniary or other advantage; is guilty of a felony.

History:

[18-1304, added 1972, ch. 336, sec. 1, p. 870.]
Idaho Code § 18-4014 — Idaho Code / Title 18 / Chapter 40 / Section 18-4014
18-4014 ADMINISTERING POISON WITH INTENT TO KILL.
Status: in_force

18-4014. Administering poison with intent to kill. Every person who, with intent to kill, administers or causes or procures to be administered, to another, any poison or other noxious or destructive substance or liquid, but by which death is not caused, is punishable by imprisonment in the state prison not less than ten (10) years, and the imprisonment may be extended to life.

History:

[18-4014, added 1972, ch. 336, sec. 1, p. 931.]
Idaho Code § 18-612 — Idaho Code / Title 18 / Chapter 6 / Section 18-612
18-612 REFUSAL TO PERFORM ABORTIONS — PHYSICIANS AND HOSPITALS NOT LIABLE.
Status: in_force

18-612. Refusal to perform abortions — Physicians and hospitals not liable. Nothing in this act shall be deemed to require any hospital to furnish facilities or admit any patient for any abortion if, upon determination by its governing board, it elects not to do so. Neither shall any physician be required to perform or assist in any abortion, nor shall any nurse, technician or other employee of any physician or hospital be required by law or otherwise to assist or participate in the performance or provision of any abortion if he or she, for personal, moral or religious reasons, objects thereto. Any such person in the employ or under the control of a hospital shall be deemed to have sufficiently objected to participation in such procedures only if he or she has advised such hospital in writing that he or she generally or specifically objects to assisting or otherwise participating in such procedures. Such notice will suffice without specification of the reason therefor. No refusal to accept a patient for abortion or to perform, assist or participate in any such abortion as herein provided shall form the basis of any claim for damages or recriminatory action against the declining person, agency or institution.

History:

[18-612, added 1973, ch. 197, sec. 11, p. 442.]
Idaho Code § 18-2324 — Idaho Code / Title 18 / Chapter 23 / Section 18-2324
18-2324 BALLOT HARVESTING PROHIBITED — EXCEPTIONS — PENALTY.
Status: in_force

18-2324. BALLOT HARVESTING PROHIBITED — EXCEPTIONS — Penalty. (1) Except as provided in subsections (2) and (3) of this section, no person shall knowingly collect or convey another voter's voted or unvoted ballot.

(2) This section shall not apply to:

(a) A person who collects or conveys another voter's voted or unvoted ballot in the course of such person's regular duties as an elections official;

(b) A person who collects or conveys another voter's voted or unvoted ballot in the course of such person's regular duties as a United States postal service worker or other person specifically authorized by law to transmit United States mail;

(c) A person who collects or conveys another voter's voted or unvoted ballot in the course of such person's regular duties as an employee or contractor of a common carrier;

(d) A person who receives compensation from the voter in exchange for collecting or conveying the voter's voted or unvoted ballot;

(e) A person who is related to the voter, whether by adoption, marriage, or blood, within the fifth degree of consanguinity;

(f) A person who is a member of the voter's household; or

(g) A person who is a caregiver of the voter, unless the voter is under care for memory or cognitive impairment.

(3) A person who is a candidate for elective office on the ballot or who is employed by or volunteers for a political party, candidate for elective office on the ballot, or organization that supports or opposes any ballot measure or candidate for elective office on the ballot may not collect or convey voted or unvoted ballots pursuant to subsection (2)(e), (f), or (g) of this section. An individual authorized to collect and convey a voter's ballot pursuant to subsection (2)(e), (f), or (g) of this section may not collect or convey more than six (6) total voted ballots and six (6) total unvoted ballots in any election.

(4) Any person who lawfully collects or conveys another voter's voted or unvoted ballot as authorized in subsection (2) of this section shall not attempt to influence the voter in any way.

(5) A violation of the provisions of this section constitutes a felony if the person was paid by anyone other than the voter to collect and convey the voter's ballot or if the cumulative number of ballots collected or conveyed in violation of the provisions of this section is ten (10) or more in any election. Any other violation of the provisions of this section constitutes a misdemeanor.

History:

[18-2324, added 2024, ch. 317, sec. 2, p. 1050.]
Idaho Code § 18-915C — Idaho Code / Title 18 / Chapter 9 / Section 18-915C
18-915C BATTERY AGAINST HEALTH CARE WORKERS.
Status: in_force

18-915C. battery against health care workers. Any person who commits battery as defined in section 18-903, Idaho Code, against or upon any person licensed, certified or registered by the state of Idaho to provide health care, or an employee of a hospital, medical clinic or medical practice, when the victim is in the course of performing his or her duties or because of the victim's professional or employment status under this statute, shall be subject to imprisonment in the state prison not to exceed three (3) years.

History:

[18-915C, added 2014, ch. 288, sec. 1, p. 729.]
Idaho Code § 18-4705 — Idaho Code / Title 18 / Chapter 47 / Section 18-4705
18-4705 REFUSAL TO TESTIFY BEFORE LEGISLATURE.
Status: in_force

18-4705. Refusal to testify before legislature. Every person who, being summoned to attend as witness before either house of the legislature or any committee thereof, refuses or neglects, without lawful excuse, to attend pursuant to such summons, and every person who, being present before either house of the legislature or any committee thereof, wilfully refuses to be sworn or to answer any material and proper question, or to produce, upon reasonable notice, any material and proper books, papers or documents in his possession or under his control, is guilty of a misdemeanor.

History:

[18-4705, added 1972, ch. 336, sec. 1, p. 943.]
Idaho Code § 18-6105 — Idaho Code / Title 18 / Chapter 61 / Section 18-6105
18-6105 EVIDENCE OF PREVIOUS SEXUAL CONDUCT OF PROSECUTING WITNESS.
Status: in_force

18-6105. Evidence of previous sexual conduct of prosecuting witness. In prosecutions for the crime of rape, evidence of the prosecuting witness' previous sexual conduct shall not be admitted nor reference made thereto in the presence of the jury, except as provided hereinafter. The defendant may make application to the court before or during the trial for the admission of evidence concerning the previous sexual conduct of the prosecuting witness. Upon such application the court shall conduct a hearing out of the presence of the jury as to the relevancy of such evidence of previous sexual conduct and shall limit the questioning and control the admission and exclusion of evidence upon trial. Nothing in this section shall limit the right of either the state or the accused to impeach credibility by the showing of prior felony convictions.

History:

[18-6105, added 1977, ch. 208, sec. 2, p. 574.]
Idaho Code § 18-4108 — Idaho Code / Title 18 / Chapter 41 / Section 18-4108
18-4108 SPECIAL VERDICT.
Status: in_force

18-4108. Special verdict. The jury, or the court if a jury trial is waived, shall render a general verdict, and must also render a special verdict as to whether the matter named in the charge is obscene. The special verdict or findings on the issue of obscenity may be: "We find the …. (title or description of matter or live conduct) to be obscene," or "We find the …. (title or description of matter or live conduct) not to be obscene." A special verdict shall not be admissible as evidence in any other proceeding, nor shall it be res judicata of any question in any other proceeding.

History:

[I.C., sec. 18-4108, as added by 1973, ch. 305, sec. 11, p. 655.]
Idaho Code § 18-1004 — Idaho Code / Title 18 / Chapter 10 / Section 18-1004
18-1004 ATTORNEY DEFENDING WHEN PARTNER PROSECUTES.
Status: in_force

18-1004. Attorney defending when partner prosecutes. Every attorney who directly or indirectly advises in relation to, or aids, or promotes the defense of, any action or proceeding in any court, the prosecution of which is carried on, aided or promoted by any person as prosecuting attorney, or other public prosecutor, with whom such person is directly or indirectly connected as a partner, or who, having himself prosecuted or in any manner aided or promoted any action or proceeding in any court as prosecuting attorney or other public prosecutor, afterward, directly or indirectly, advises in relation to, or takes any part in, the defense thereof, as attorney or otherwise, or who takes or receives any valuable consideration from, or on behalf of any defendant in any such action, upon any understanding or agreement whatever having relation to the defense thereof, is guilty of a misdemeanor, and in addition to the punishment prescribed therefor, forfeits his license to practice law.

History:

[18-1004, added 1972, ch. 336, sec. 1, p. 867.]
Idaho Code § 18-8503 — Idaho Code / Title 18 / Chapter 85 / Section 18-8503
18-8503 PUNISHMENT.
Status: in_force

18-8503. Punishment. (1) An adult, or any juvenile waived to adult court pursuant to section 20-508 or 20-509, Idaho Code, who is convicted of any felony or misdemeanor enumerated in section 18-8502(3), Idaho Code, that is knowingly committed for the benefit or at the direction of, or in association with, any criminal gang or criminal gang member, in addition to the punishment provided for the commission of the underlying offense, shall be punished as follows:

(a) Any adult, or any juvenile waived to adult court pursuant to section 20-508 or 20-509, Idaho Code, who is convicted of a misdemeanor shall be punished by an additional term of imprisonment in the county jail for not more than one (1) year.

(b) Any adult, or any juvenile waived to adult court pursuant to section 20-508 or 20-509, Idaho Code, who is convicted of a felony shall be punished by an extended term of not less than two (2) years and not more than five (5) years in prison.

(c) If the underlying offense described in section 18-8502(3), Idaho Code, is a felony and committed on the grounds of, or within one thousand (1,000) feet of, a public or private elementary, secondary or vocational school during hours when the facility is open for classes or school-related programs or when minors are using the facility, the extended term shall be not less than two (2) years and not more than five (5) years in prison.

(2) This section does not create a separate offense but provides an additional penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed facts.

(3) The court shall not impose an extended penalty pursuant to this section unless:

(a) The indictment, information, complaint or petition charging the defendant with the primary offense alleges that the primary offense was committed knowingly for the benefit or at the direction of, or in association with, a criminal gang or criminal gang member with the specific intent to promote, further or assist the activities of the criminal gang; and

(b) The trier of fact finds the allegation to be true beyond a reasonable doubt.

(4) Except in a case of a juvenile who has been waived to adult court pursuant to section 20-508 or 20-509, Idaho Code, the imposition or execution of the sentences provided in this section may not be suspended.

(5) An extended sentence provided in this section shall run consecutively to the sentence provided for the underlying offense.

(6) Unless waived to adult court pursuant to section 20-508 or 20-509, Idaho Code, a juvenile who is adjudicated of any felony or misdemeanor enumerated in section 18-8502(3), Idaho Code, that is knowingly committed for the benefit or at the direction of, or in association with, any criminal gang or criminal gang member shall be sentenced according to the provisions of section 20-520, Idaho Code.

History:

[18-8503, added 2006, ch. 184, sec. 1, p. 584; am. 2007, ch. 316, sec. 1, p. 943; am. 2011, ch. 188, sec. 2, p. 539; am. 2014, ch. 99, sec. 1, p. 293.]
Idaho Code § 18-3302B — Idaho Code / Title 18 / Chapter 33 / Section 18-3302B
18-3302B CARRYING CONCEALED WEAPONS UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.
Status: in_force

18-3302B. Carrying concealed weapons under the influence of alcohol or drugs. (1) It shall be unlawful for any person to carry a concealed weapon on or about his person when intoxicated or under the influence of an intoxicating drink or drug. Any violation of the provisions of this section shall be a misdemeanor.

(2) In addition to any other penalty, any person who enters a plea of guilty, who is found guilty or who is convicted of a violation of subsection (1) of this section when such violation occurs on a college or university campus shall have any and all licenses issued pursuant to section 18-3302, 18-3302H or 18-3302K, Idaho Code, revoked for a period of three (3) years and such person shall be ineligible to obtain or renew any such license or use any other license recognized by this state for the same period.

History:

[18-3302B, added 1990, ch. 256, sec. 3, p. 736; am. 2014, ch. 73, sec. 2, p. 189.]
Idaho Code § 18-6404 — Idaho Code / Title 18 / Chapter 64 / Section 18-6404
18-6404 UNLAWFUL ASSEMBLY DEFINED.
Status: in_force

18-6404. Unlawful assembly defined. Whenever two or more persons assemble together to do an unlawful act, and separate without doing or advancing toward it, or do a lawful act in a violent, boisterous or tumultuous manner, such assembly is an unlawful assembly.

History:

[18-6404, added 1972, ch. 336, sec. 1, p. 964.]
Idaho Code § 18-8901 — Idaho Code / Title 18 / Chapter 89 / Section 18-8901
18-8901 USE OF PUBLIC FUNDS FOR GENDER TRANSITION PROCEDURES PROHIBITED.
Status: in_force

18-8901. use of public funds for gender transition procedures prohibited. (1) For the purposes of this section, "exempted surgical operations or medical interventions" means a surgical operation or medical intervention that is:

(a) Necessary to the health of the person on whom it is performed and is performed by a person licensed in the place of its performance as a medical practitioner, except that a surgical operation or medical intervention is never necessary to the health of the minor or adult on whom it is performed if it is for the purpose of altering the appearance of an individual in order to affirm the individual's perception of the individual's sex in a way that is inconsistent with the individual's biological sex;

(b) For the treatment of any infection, injury, disease, or disorder that has been caused or exacerbated by the performance of gender transition procedures, whether or not the procedures were performed in accordance with state and federal law; or

(c) Performed in accordance with the good faith medical decision of a parent or guardian of a child or an adult born with a medically verifiable genetic disorder of sex development, including:

(i) A person with external biological sex characteristics that are ambiguous and irresolvable, such as a person born having 46, XX chromosomes with virilization, 46, XY chromosomes with undervirilization, or with both ovarian and testicular tissue; or

(ii) When a physician has otherwise diagnosed a disorder of sexual development in which the physician has determined through genetic testing that the minor or adult does not have the normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action for a male or female.

(2) Public funds shall not be used, granted, paid, or distributed to any entity, organization, or individual for the provision or subsidy of any surgical operation or medical intervention described in section 18-1506C(3), Idaho Code, for purposes of altering the appearance of an individual in order to affirm the individual's perception of the individual's sex in a way that is inconsistent with the individual's biological sex regardless of whether the surgical operation or medical intervention is administered to a minor or an adult, except for exempted surgical operations or medical interventions.

(3) Any amount paid by an entity, organization, or individual during a taxable year for the provision of surgical operations or medical interventions described in section 18-1506C(3), Idaho Code, for purposes of altering the appearance of an individual in order to affirm the individual's perception of the individual's sex in a way that is inconsistent with the individual's biological sex regardless of whether the surgical operation or medical intervention is administered to a minor or an adult shall not be tax-deductible, except exempted surgical operations or medical interventions.

(4) The Idaho medicaid program shall not reimburse or provide coverage for the use of the surgical operations or medical interventions described in section 18-1506C(3), Idaho Code, for purposes of altering the appearance of an individual in order to affirm the individual's perception of the individual's sex in a way that is inconsistent with the individual's biological sex regardless of whether the surgical operation or medical intervention is administered to a minor or an adult, except exempted surgical operations or medical interventions.

(5) No physician or other health care professional in the course and scope of employment by the state or a county or local government may provide the surgical operations or medical interventions described in section 18-1506C(3), Idaho Code, for purposes of altering the appearance of an individual in order to affirm the individual's perception of the individual's sex in a way that is inconsistent with the individual's biological sex regardless of whether the surgical operation or medical intervention is administered to a minor or an adult, except exempted surgical operations or medical interventions.

(6) No state property, facility, or building may be used to provide the surgical operations or medical interventions described in section 18-1506C(3), Idaho Code, for purposes of altering the appearance of an individual in order to affirm the individual's perception of the individual's sex in a way that is inconsistent with the individual's biological sex regardless of whether the surgical operation or medical intervention is administered to a minor or an adult, except exempted surgical operations or medical interventions.

(7) Any intentional violation of the provisions of this chapter by a public officer or public employee shall be considered a misuse of public moneys punishable pursuant to section 18-5702, Idaho Code.

History:

[18-8901, added 2024, ch. 209, sec. 2, p. 745.]
Idaho Code § 18-506 — Idaho Code / Title 18 / Chapter 5 / Section 18-506
18-506 REPORTING.
Status: in_force

18-506. reporting. (1) Any physician who performs or induces or attempts to perform or induce an abortion shall report to the department of health and welfare, on a schedule and in accordance with forms and rules adopted and promulgated by the department:

(a) If a determination of probable postfertilization age was made, the probable postfertilization age determined and the method and basis of the determination;

(b) If a determination of probable postfertilization age was not made, the basis of the determination that a medical emergency existed;

(c) If the probable postfertilization age was determined to be twenty (20) or more weeks, the basis of the determination that the pregnant woman had a condition that so complicated her medical condition as to necessitate the abortion of her pregnancy to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, or the basis of the determination that it was necessary to preserve the life of an unborn child; and

(d) The method used for the abortion.

(2) By June 30 of each year, the department shall issue a public report providing statistics for the previous calendar year compiled from all of the reports covering that year submitted in accordance with this section for each of the items listed in subsection (1) of this section. Each such report shall also provide the statistics for all previous calendar years during which this section was in effect, adjusted to reflect any additional information from late or corrected reports. The department shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any pregnant woman upon whom an abortion was performed.

(3) Any physician who fails to submit a report by the end of thirty (30) days following the due date shall be subject to a late fee of five hundred dollars ($500) for each additional thirty (30) day period or portion of a thirty (30) day period the report is overdue. Any physician required to report in accordance with this chapter who has not submitted a report, or has submitted only an incomplete report, more than one (1) year following the due date, may, in an action brought by the department, be directed by a court of competent jurisdiction to submit a complete report within a time period stated by court order or be subject to civil contempt. Intentional or reckless failure by any physician to conform to any requirement of this section, other than late filing of a report, makes the physician subject to medical discipline under section 54-1814(6), Idaho Code. Intentional or reckless failure by any physician to submit a complete report in accordance with a court order renders the physician subject to civil contempt and makes the physician subject to medical discipline pursuant to section 54-1814(6), Idaho Code. Intentional or reckless falsification of any report required under this section is a misdemeanor.

(4) Within ninety (90) days after the effective date of this act, the department shall adopt and promulgate rules to assist in compliance with this section. Subsection (1) of this section shall take effect so as to require reports regarding all abortions performed or induced on and after the first day of the first calendar month following the effective date of such rules.

History:

[18-506, added 2011, ch. 324, sec. 1, p. 947.]
Idaho Code § 18-4102 — Idaho Code / Title 18 / Chapter 41 / Section 18-4102
18-4102 AFFIRMATIVE DEFENSE.
Status: in_force

18-4102. Affirmative defense. It is not innocent but calculated purveyance which is prohibited. This act shall not apply to any persons who may possess or distribute obscene matter or participate in conduct otherwise proscribed by this act when such possession, distribution, or conduct occurs:

(A) within the scope of employment of law enforcement and judicial activities; or

(B) within the scope of employment of bona fide school, college, university, museum or public library activities or within the scope of employment of such an organization or a retail outlet affiliated with and serving the educational purposes of such an organization; or

(C) within the scope of employment as a moving picture machine operator, assistant operator, usher, or ticket taker in a motion picture theater in connection with a motion picture film or show exhibited in such theater, if such operator or assistant operator has no financial interest in the motion picture theater wherein he is so employed other than his wages received or owed, and such person consents to give testimony regarding such employment in all judicial proceedings brought under this act, when granted immunity by the trial judge; or

(D) under like circumstances of justification where the possession, distribution or conduct possesses serious literary, artistic, political or scientific value.

If this issue is not presented by the prosecution's evidence, the defendant may raise the same as an affirmative defense by presenting some evidence thereon. Where raised, the prosecution must sustain the burden of proving the defendant guilty beyond a reasonable doubt as to that issue.

History:

[I.C., sec. 18-4102, as added by 1973, ch. 305, sec. 4, p. 655; am. 1976, ch. 81, sec. 2, p. 261.]
Idaho Code § 18-2605 — Idaho Code / Title 18 / Chapter 26 / Section 18-2605
18-2605 BRIBING WITNESSES.
Status: in_force

18-2605. Bribing witnesses. Every person who gives or offers, or promises to give, to any witness or person about to be called as a witness, any bribe, upon any understanding or agreement that the testimony of such witness shall be thereby influenced, or who attempts by any other means fraudulently to induce any witness to give false or to withhold true testimony, is guilty of a misdemeanor.

History:

[18-2605, added 1972, ch. 336, sec. 1, p. 899.]
Idaho Code § 18-7103 — Idaho Code / Title 18 / Chapter 71 / Section 18-7103
18-7103 PRIVATE LAND PROTECTION — PROTECTION FROM WARRANTLESS SEARCH.
Status: in_force

18-7103. private land protection — Protection From Warrantless Search. Government agents shall not, in the course and scope of their lawful duty, enter private land not open to the public without a valid search warrant, exigent circumstances, or lawful consent of the owner or lessee.

History:

[18-7103, added 2026, ch. 261, sec. 1, p. 1110.]
Idaho Code § 18-4006 — Idaho Code / Title 18 / Chapter 40 / Section 18-4006
18-4006 MANSLAUGHTER DEFINED.
Status: in_force

18-4006. Manslaughter defined. Manslaughter is the unlawful killing of a human being including, but not limited to, a human embryo or fetus, without malice. It is of three (3) kinds:

(1) Voluntary — upon a sudden quarrel or heat of passion.

(2) Involuntary — in the perpetration of or attempt to perpetrate any unlawful act, other than those acts specified in section 18-4003(d), Idaho Code; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection; or in the operation of any firearm or deadly weapon in a reckless, careless or negligent manner which produces death.

(3) Vehicular — in which the operation of a motor vehicle is a significant cause contributing to the death because of:

(a) The commission of an unlawful act, not amounting to a felony, with gross negligence; or

(b) The commission of a violation of section 18-8004 or 18-8006, Idaho Code; or

(c) The commission of an unlawful act, not amounting to a felony, without gross negligence.

Notwithstanding any other provision of law, any evidence of conviction under subsection (3)(b) of this section shall be admissible in any civil action for damages resulting from the occurrence. A conviction for the purposes of subsection (3)(b) 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).

History:

[18-4006, added 1972, ch. 336, sec. 1, p. 928; am. 1983, ch. 3, 1st E.S., sec. 17, p. 21; am. 1984, ch. 22, sec. 5, p. 36; am. 1997, ch. 103, sec. 1, p. 244; am. 2002, ch. 330, sec. 2, p. 936; am. 2007, ch. 43, sec. 1, p. 104; am. 2009, ch. 166, sec. 1, p. 496.]
Idaho Code § 18-1518 — Idaho Code / Title 18 / Chapter 15 / Section 18-1518
18-1518 TIE-IN SALES OF PROHIBITED MATERIALS — MISDEMEANOR.
Status: in_force

18-1518. Tie-in sales of prohibited materials — Misdemeanor. No person shall as a condition to a sale or delivery for resale of any book, paper, magazine, periodical, or other material require that the purchaser or consignee receive for resale any article, the promotion of which is prohibited by this act. Any violation hereof is a misdemeanor.

History:

[I.C., sec. 18-1518, as added by 1972, ch. 336, sec. 1, p. 876.]
Idaho Code § 18-5607 — Idaho Code / Title 18 / Chapter 56 / Section 18-5607
18-5607 INTERSTATE TRAFFICKING IN COMMERCIAL SEXUAL ACTIVITY.
Status: in_force

18-5607. INTERSTATE TRAFFICKING IN COMMERCIAL SEXUAL ACTIVITY. Any person who imports a person or persons into this state, or who exports a person or persons from this state, for the purpose of commercial sexual activity, or any person who induces, entices, or procures such activity, shall be guilty of a felony punishable by imprisonment for a period of no less than two (2) years and no more than twenty (20) years, or by a fine of no less than one thousand dollars ($1,000), and no more than fifty thousand dollars ($50,000), or by both such fine and imprisonment.

History:

[18-5607, added 2024, ch. 147, sec. 9, p. 561.]
Idaho Code § 18-6903 — Idaho Code / Title 18 / Chapter 69 / Section 18-6903
18-6903 PROHIBITION AGAINST PIRACY.
Status: in_force

18-6903. Prohibition against piracy. Any person who, without the written consent of the motion picture theater owner, knowingly operates the audiovisual recording function of any device in a motion picture theater while a motion picture is being exhibited for the purpose of recording the motion picture being exhibited shall be guilty of a misdemeanor and upon conviction shall be imprisoned for not more than one (1) year, fined not more than five thousand dollars ($5,000), or shall be punished by both such fine and imprisonment.

History:

[18-6903, added 2005, ch. 239, sec. 1, p. 742.]
Idaho Code § 18-3323 — Idaho Code / Title 18 / Chapter 33 / Section 18-3323
18-3323 BIOLOGICAL WEAPONS — DEFINITIONS.
Status: in_force

18-3323. Biological weapons — Definitions. (1) Any person who knowingly develops, produces, stockpiles, transfers, acquires, retains or possesses any biological agent, toxin or delivery system for use as a weapon, or who knowingly assists another person or group of persons in doing so, or attempts, threatens or conspires to do so, shall be guilty of a felony and shall be punished by imprisonment for a term of up to and including life imprisonment or by a fine not exceeding fifty thousand dollars ($50,000), or by both.

(2) As used in this section, the term "for use as a weapon" does not include the development, production, stockpiling, transfer, acquisition, retention or possession of a biological agent, toxin or delivery system for prophylactic, protective or other peaceful purposes if such biological agent, toxin or delivery system is of a type and in a quantity that is reasonable for such purposes.

(3) The attorney general of the state of Idaho may obtain in a civil action an injunction against:

(a) The conduct prohibited under this section;

(b) The preparation, solicitation, attempt, threat or conspiracy to engage in conduct prohibited under this section; or

(c) The development, production, stockpiling, acquisition, retention or possession of any biological agent, toxin or delivery system of a type or in a quantity that under the circumstances has no apparent justification for prophylactic, protective or other peaceful purposes.

(4) As used in this section:

(a) "Biological agent" means any microorganism, virus, infectious substance or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus, infectious substance or biological product that is capable of causing:

(i) Death, disease or other biological malfunction in any animal, including humans, or any plant or other living organism;

(ii) Deterioration of food, water, equipment, supplies or material of any kind; or

(iii) Deleterious alteration of the environment;

(b) "Toxin" means the toxic material of animals, plants, microorganisms, viruses, fungi, infectious substances or a recombinant molecule, whatever its origin or method of production including:

(i) Any poisonous substance or biological product that may be engineered as a result of biotechnology produced from a living organism; or

(ii) Any poisonous isomer or biological product, homologue, or derivative of such substance;

(c) "Delivery system" means any apparatus, equipment, device, or means of delivery specifically designed to deliver or disseminate a biological agent, toxin or vector;

(d) "Vector" means a living organism or molecule, including a recombinant molecule, or a biological product that may be engineered as a result of biotechnology capable of carrying a biological agent to a host.

History:

[18-3323, added 2002, ch. 222, sec. 2, p. 624.]
Idaho Code § 18-2403 — Idaho Code / Title 18 / Chapter 24 / Section 18-2403
18-2403 THEFT.
Status: in_force

18-2403. Theft. (1) A person steals property and commits theft when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof.

(2) Theft includes a wrongful taking, obtaining or withholding of another's property, with the intent prescribed in subsection (1) of this section, committed in any of the following ways:

(a) By deception obtains or exerts control over property of the owner;

(b) By conduct heretofore defined or known as larceny; common law larceny by trick; embezzlement; extortion; obtaining property, money or labor under false pretenses; or receiving stolen goods;

(c) By acquiring lost property. A person acquires lost property when he exercises control over property of another which he knows to have been lost or mislaid, or to have been delivered under a mistake as to the identity of the recipient or the nature or amount of the property, without taking reasonable measures to return such property to the owner; or a person commits theft of lost or mislaid property when he:

1. Knows or learns the identity of the owner or knows, or is aware of, or learns of a reasonable method of identifying the owner; and

2. Fails to take reasonable measures to restore the property to the owner; and

3. Intends to deprive the owner permanently of the use or benefit of the property.

(d) By false promise:

1. A person obtains property by false promise when pursuant to a scheme to defraud, he obtains property of another by means of a representation, express or implied, that he or a third person will in the future engage in particular conduct, and when he does not intend to engage in such conduct or, as the case may be, does not believe that the third person intends to engage in such conduct.

2. In any prosecution for theft based upon a false promise, the defendant's intention or belief that the promise would not be performed may not be established by or inferred from the fact alone that such promise was not performed. Such a finding may be based only upon evidence establishing that the facts and circumstances of the case are consistent with guilty intent or belief and inconsistent with innocent intent or belief, and excluding to a moral certainty every reasonable hypothesis except that of the defendant's intention or belief that the promise would not be performed;

(e) By extortion. A person obtains property by extortion when he compels or induces another person to deliver such property to himself or to a third person by means of instilling in him a fear that, if the property is not so delivered, the actor or another will:

1. Cause physical injury to some person in the future; or

2. Cause damage to property; or

3. Engage in other conduct constituting a crime; or

4. Accuse some person of a crime or cause criminal charges to be instituted against him; or

5. Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule; or

6. Cause a strike, boycott or other collective labor group action injurious to some person's business; except that such a threat shall not be deemed extortion when the property is demanded or received for the benefit of the group in whose interest the actor purports to act; or

7. Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or

8. Use or abuse his position as a public servant by performing some act within or related to his official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely; or

9. Perform any other act which would not in itself materially benefit the actor but which is calculated to harm another person materially with respect to his health, safety, business, calling, career, financial condition, reputation or personal relationships.

(3) A person commits theft when he knowingly takes or exercises unauthorized control over, or makes an unauthorized transfer of an interest in, the property of another person, with the intent of depriving the owner thereof.

(4) A person commits theft when he knowingly receives, retains, conceals, obtains control over, possesses, or disposes of stolen property, knowing the property to have been stolen or under such circumstances as would reasonably induce him to believe that the property was stolen, and

(a) Intends to deprive the owner permanently of the use or benefit of the property; or

(b) Knowingly uses, conceals or abandons the property in such manner as to deprive the owner permanently of such use or benefit; or

(c) Uses, conceals, or abandons the property knowing such use, concealment or abandonment probably will deprive the owner permanently of such use or benefit.

(5) Theft of labor or services or use of property.

(a) A person commits theft when he obtains the temporary use of property, labor or services of another which are available only for hire, by means of threat or deception or knowing that such use is without the consent of the person providing the property, labor or services.

(b) A person commits theft when after renting or leasing a motor vehicle or other equipment under an agreement in writing which provides for the return of the vehicle or other equipment to a particular place at a particular time, he willfully or intentionally fails to return the vehicle or other equipment to that place within forty-eight (48) hours after the time specified.

(c) A person commits theft if, having control over the disposition of services of others, to which he is not entitled, he knowingly diverts such services to his own benefit or to the benefit of another not entitled thereto.

History:

[18-2403, added 1981, ch. 183, sec. 2, p. 322; am. 1985, ch. 216, sec. 1, p. 525; am. 2001, ch. 112, sec. 1, p. 401; am. 2017, ch. 215, sec. 1, p. 520.]
Idaho Code § 18-7005 — Idaho Code / Title 18 / Chapter 70 / Section 18-7005
18-7005 DAMAGE TO FORAGE ON PUBLIC LANDS FROM THROWING AWAY OR LEAVING LIGHTED SUBSTANCES.
Status: in_force

18-7005. Damage to forage on public lands from throwing away or leaving lighted substances. Any person who shall throw any lighted cigarette, cigar, match, ashes, or other flaming or glowing substance or any substance or thing which may cause a fire, from any vehicle, or who shall throw, deposit, or leave any lighted cigarette, cigar, match, ashes or other flaming or glowing substance or any substance or thing which may cause a fire in any place where the same may directly or indirectly cause a fire resulting in damage to forage on the lands of the United States or the state of Idaho or to the property of any person, is guilty of a misdemeanor and shall be punished accordingly.

History:

[18-7005, added 1972, ch. 336, sec. 1, p. 974.]
Idaho Code § 18-8011 — Idaho Code / Title 18 / Chapter 80 / Section 18-8011
18-8011 STAY OF SUSPENSION OF DRIVERS' LICENSES OR DRIVING PRIVILEGES UPON REINCARCERATION.
Status: in_force

18-8011. Stay of suspension of drivers' licenses or driving privileges upon reincarceration. A court-ordered suspension of an individual's driver's license or driving privileges issued pursuant to this chapter that is to commence after that individual's release from confinement or imprisonment, shall cease to run if the individual is reincarcerated. The court-ordered suspension will be stayed for the entire period the individual is reincarcerated and will recommence as of the date the individual is rereleased from confinement or imprisonment. Upon the individual's release from confinement or imprisonment, the suspension period will run for the number of days remaining on the suspension as of the date of the individual's reincarceration.

History:

[18-8011, added 1998, ch. 152, sec. 4, p. 527.]
Idaho Code § 18-3201 — Idaho Code / Title 18 / Chapter 32 / Section 18-3201
18-3201 OFFICER STEALING, MUTILATING OR FALSIFYING PUBLIC RECORDS.
Status: in_force

18-3201. Officer stealing, mutilating or falsifying public records. Any public officer, law enforcement officer, or subordinate thereof, who wilfully destroys, alters, falsifies or commits the theft of the whole or any part of any police report or any record kept as part of the official governmental records of the state or any county or municipality in the state, shall be guilty of a felony and is punishable by imprisonment in the state prison for not more than fourteen (14) years.

History:

[18-3201, added 1972, ch. 336, sec. 1, p. 910; am. 1982, ch. 367, sec. 1, p. 918.]
Idaho Code § 18-8402 — Idaho Code / Title 18 / Chapter 84 / Section 18-8402
18-8402 FINDINGS.
Status: in_force

18-8402. Findings. The legislature finds that juvenile sex offenders present a significant risk of reoffense and that efforts of law enforcement agencies to protect communities, conduct investigations and quickly apprehend offenders who commit sex offenses are impaired by the lack of information available about individuals who have been convicted or adjudicated delinquent of sex offenses who live within their jurisdiction. The legislature further finds that providing public access to certain information about sex offenders assists parents in the protection of their children. Further, such access provides a means for organizations that work with youth or other vulnerable populations to prevent juvenile sex offenders from threatening those served by the organizations. Finally, public access assists the public to be observant of convicted juvenile sex offenders in order to prevent the offenders from recommitting sex crimes. Therefore, this state's policy is to assist efforts of local law enforcement agencies to protect communities by requiring juvenile sex offenders to register with local law enforcement agencies and to make certain information about juvenile sex offenders available to the public as provided in this chapter.

History:

[18-8402, added 1998, ch. 412, sec. 1, p. 1299.]
Idaho Code § 18-7605 — Idaho Code / Title 18 / Chapter 76 / Section 18-7605
18-7605 CONFISCATION OF EQUIPMENT.
Status: in_force

18-7605. Confiscation of equipment. Any article produced in violation of section 18-7603, Idaho Code, and any equipment used for such purpose, shall be subject to confiscation and destruction by the appropriate law enforcement agency.

History:

[18-7605, added 1976, ch. 112, sec. 1, p. 441.]
Idaho Code § 18-915B — Idaho Code / Title 18 / Chapter 9 / Section 18-915B
18-915B PROPELLING BODILY FLUID OR WASTE AT CERTAIN PERSONS.
Status: in_force

18-915B. Propelling bodily fluid or waste at certain persons. Any person who is housed in a state, private or county correctional facility, work release center or labor camp, or who is being transported or supervised by a correctional officer or detention officer, irrespective of whether the person is a sentenced prisoner or a pretrial detainee, and who knowingly propels any bodily fluid or bodily waste at any detention officer, correctional officer, staff member, private contractor or employee of a county or state correctional facility, or authorized visitor to a county or state correctional facility, work release center or labor camp, or who knowingly introduces any bodily fluid or bodily waste into the food or drink of such officer, staff member, private contractor, employee or authorized visitor, shall be guilty of a felony punishable by imprisonment in a correctional facility for not more than five (5) years, and such sentence shall be served consecutively to any sentence currently served.

History:

[18-915B, added 2001, ch. 33, sec. 1, p. 53.]
Idaho Code § 18-8408 — Idaho Code / Title 18 / Chapter 84 / Section 18-8408
18-8408 PROVIDING LIST TO SUPERINTENDENT OF PUBLIC INSTRUCTION.
Status: in_force

18-8408. Providing list to superintendent of public instruction. The Idaho state police shall provide to the superintendent of public instruction, quarterly and on request, a list of registered juvenile sex offenders in the state. The superintendent of public instruction subsequently shall notify a school district or private school regarding the enrollment of a registered juvenile sex offender. The superintendent shall also notify the district or school of the offender's probationary status or treatment status, if known.

History:

[18-8408, added 1998, ch. 412, sec. 1, p. 1300; am. 2000, ch. 469, sec. 35, p. 1492.]
Idaho Code § 18-601 — Idaho Code / Title 18 / Chapter 6 / Section 18-601
18-601 INTERPRETATION OF STATE STATUTES AND THE STATE CONSTITUTION.
Status: in_force

18-601. Interpretation of state statutes and the state constitution. The supreme court of the United States having held in the case of "Planned Parenthood v. Casey" that the states have a "profound interest" in preserving the life of preborn children, Idaho hereby expresses the fundamental importance of that "profound interest" and it is hereby declared to be the public policy of this state that all state statutes, rules and constitutional provisions shall be interpreted to prefer, by all legal means, live childbirth over abortion.

History:

[18-601, added 2001, ch. 273, sec. 1, p. 996.]
Idaho Code § 18-1502 — Idaho Code / Title 18 / Chapter 15 / Section 18-1502
18-1502 BEER, WINE OR OTHER ALCOHOL AGE VIOLATIONS — FINES.
Status: in_force

18-1502. Beer, wine or other alcohol age violations — Fines. (a) Except as provided in subsection (e) of this section, whenever a person is in violation, on the basis of his age, of any federal, state, or municipal law or ordinance pertaining to the use, possession, procurement, or attempted procurement, or dispensing of any beer, wine or other alcoholic beverage product, the violation shall constitute a misdemeanor.

(b)(1) Every person convicted of an infraction under this section shall be punished by a fine of three hundred dollars ($300).

(2) Every person convicted of a misdemeanor under this section shall be punished by a fine of not more than two thousand dollars ($2,000), or up to thirty (30) days in jail or both. The third and subsequent conviction under this section shall be punished by a fine of not more than three thousand dollars ($3,000), or up to sixty (60) days in jail or both.

(c) A conviction under this section shall not be used or considered in any manner for purposes of motor vehicle insurance.

(d) Whenever a person pleads guilty or is found guilty of violating any law pertaining to the possession, use, procurement, attempted procurement or dispensing of any beer, wine, or other alcoholic beverage, and such person was under twenty-one (21) years of age at the time of such violation, then in addition to the penalties provided in subsection (b) of this section:

(1) Upon a misdemeanor conviction, the court shall suspend the person's driving privileges for a period of not more than one (1) year. The person may request restricted driving privileges during the period of suspension, which the court may allow, if the person shows by a preponderance of the evidence that driving privileges are necessary as deemed appropriate by the court.

(2) If the person's driving privileges have been previously suspended under this section, the court shall suspend the person's driving privileges for a period of not more than two (2) years. The person may request restricted driving privileges during the period of suspension, which the court may allow, if the person shows by a preponderance of the evidence that driving privileges are necessary as deemed appropriate by the court.

(3) The person shall surrender his license or permit to the court.

(4) The court shall notify the motor vehicle division of the Idaho transportation department of all orders of suspension it issues pursuant to this section.

(5) The court, in its discretion, may also order the person to undergo and complete an alcohol evaluation and to complete an alcohol treatment or education program in the same manner that persons sentenced pursuant to section 18-8005, Idaho Code, are required to undergo and complete.

(6) A person who has been found guilty of only one (1) violation of this section or section 23-604, Idaho Code, and does not have any alcohol or drug related findings of guilt, in this state or any state, within five (5) years of the commission of a violation of this section or section 23-604, Idaho Code, shall have such finding completely vacated and sealed by the court. The person shall have the responsibility for initiating this process, and the court shall provide a form for the convicted person to use. No fee shall be charged by the court for this process.

(e)(1) For the purposes of alcohol age violations under this section, the following violations shall constitute infractions:

(i) A first violation of section 23-604, Idaho Code;

(ii) A first violation of section 23-949, Idaho Code; and

(iii) A first violation of section 23-505(1) and (2), Idaho Code, when an individual is not in actual physical control of the vehicle.

(2) Violations under this subsection that occur following the effective date of this act that constitute misdemeanors under subsection (b)(2) of this section, shall begin as a first misdemeanor.

History:

[18-1502, added 1981, ch. 222, sec. 2, p. 413; am. 1982, ch. 110, sec. 3, p. 312; am. 1983, ch. 266, sec. 1, p. 697; am. 1987, ch. 212, sec. 1, p. 449; am. 1989, ch. 88, sec. 65, p. 207; am. 1989, ch. 155, sec. 10, p. 388; am. 1990, ch. 280, sec. 1, p. 785; am. 1994, ch. 133, sec. 1, p. 305; am. 1998, ch. 312, sec. 1, p. 1033; am. 2016, ch. 196, sec. 1, p. 551; am. 2016, ch. 344, sec. 1, p. 987.]
Idaho Code § 18-2303 — Idaho Code / Title 18 / Chapter 23 / Section 18-2303
18-2303 REFUSAL TO BE SWORN OR TO ANSWER QUESTIONS.
Status: in_force

18-2303. Refusal to be sworn or to answer questions. Every person who, after being required by the board of judges at any election, refuses to be sworn, or who, after being sworn, refuses to answer any pertinent question propounded by such board, touching his right, or the right of any other person, to vote, is guilty of a misdemeanor.

History:

[18-2303, added 1972, ch. 336, sec. 1, p. 889.]
Idaho Code § 18-8611 — Idaho Code / Title 18 / Chapter 86 / Section 18-8611
18-8611 PROPERTY SUBJECT TO FORFEITURE.
Status: in_force

18-8611. property subject to forfeiture. (1) Any person who is found guilty of, who enters a plea of guilty for, or who is convicted of a violation of section 18-8607, 18-8608, 18-8609, or 18-8610, Idaho Code, no matter the form of the judgment or order withholding judgment, shall forfeit to the state of Idaho:

(a) Any property constituting, or derived from, any proceeds the person obtained directly or indirectly as the result of such violation; and

(b) Any of the person's property used, or intended to be used, in any manner or part to commit or to facilitate the commission of such violation.

(2) The court, in imposing a sentence on such person as described in subsection (1) of this section, shall order, in addition to any other sentence imposed, that the person forfeit to the state of Idaho all property described in this section. The provisions of this chapter shall not be construed in any manner to prevent the state of Idaho, the attorney general, or the appropriate prosecuting attorney from requesting restitution pursuant to section 19-5304, Idaho Code. The issue of criminal forfeiture shall be for the court alone, without submission to a jury, as a part of the sentencing procedure within the criminal action.

(3) With respect to property ordered forfeited under the provisions of this chapter, the attorney general or appropriate prosecuting attorney is authorized to:

(a) Restore forfeited property to victims of a violation of relevant provisions of this chapter or take any other action to protect the rights of innocent persons that is in the interest of justice and that is not inconsistent with the provisions of this chapter;

(b) Compromise claims arising under this chapter;

(c) Award compensation to persons providing information resulting in a forfeiture under this chapter; and

(d) Take appropriate measures necessary to safeguard and maintain property ordered forfeited under this chapter pending its disposition.

(4) Property subject to criminal forfeiture under this chapter includes:

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

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

History:

[18-8611, added 2024, ch. 147, sec. 32, p. 569.]
Idaho Code § 18-1512A — Idaho Code / Title 18 / Chapter 15 / Section 18-1512A
18-1512A ADVERTISING FOR ADOPTION — PROHIBITED ACTS.
Status: in_force

18-1512A. Advertising for adoption — Prohibited acts. (1) Unless the context clearly requires otherwise in this section, "advertisement" means communication by newspaper, radio, television, handbills, placards or other print, broadcast or the electronic medium.

(2) No person or entity shall cause to be published for circulation or broadcast on a radio or television station within the geographic borders of the state of Idaho an advertisement or notice of a child or children offered or wanted for adoption or shall hold himself out through such advertisement or notice as having the ability to place, locate, dispose or receive a child or children for adoption, unless the person or entity is a duly authorized agent, contractee or employee of the department of health and welfare or an authorized children's agency or institution licensed by the department of health and welfare to care for and place children.

(3) A violation of subsection (2) of this section is a matter affecting the public interest for the purpose of applying chapter 6, title 48, Idaho Code. A violation of subsection (2) of this section is not reasonable in relation to the development and preservation of business. A violation of subsection (2) of this section constitutes an unfair or deceptive act or practice in trade or commerce for the purpose of applying chapter 6, title 48, Idaho Code.

(4) Nothing herein is intended to prohibit an attorney licensed to practice in the state of Idaho from advertising his or her ability to practice or provide services related to the adoption of children.

(5) Nothing herein is intended to prohibit physicians and other health care providers who are licensed to practice in the state of Idaho from assisting or providing natural and adoptive parents with medical care necessary to initiate and complete adoptive placements.

History:

[18-1512A, added 1988, ch. 226, sec. 1, p. 439; am. 2000, ch. 174, sec. 1, p. 442.]
Idaho Code § 18-7020 — Idaho Code / Title 18 / Chapter 70 / Section 18-7020
18-7020 DESTROYING LUMBER, POLES, RAFTS, AND VESSELS.
Status: in_force

18-7020. Destroying lumber, poles, rafts, and vessels. Every person who willfully and maliciously burns, injures, marks, brands or defaces or destroys any pile, piling, telegraph pole, telephone pole or electric transmission line pole, fence post, pile or raft of wood, plank, boards or other lumber, or any part thereof, or cuts loose or sets adrift any such raft or part thereof, or cuts, breaks, injures, sinks or sets adrift any vessel the property of another, is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six (6) months, or by both such fine and imprisonment.

History:

[18-7020, added 1972, ch. 336, sec. 1, p. 977; am. 2006, ch. 71, sec. 18, p. 222.]
Idaho Code § 18-610 — Idaho Code / Title 18 / Chapter 6 / Section 18-610
18-610 REFUSAL TO CONSENT BY PREGNANT WOMAN — EFFECT.
Status: in_force

18-610. Refusal to consent by pregnant woman — Effect. Notwithstanding any provision of law permitting valid consent for medical or surgical procedures to be given by a person or persons other than the patient, the refusal of any pregnant woman, irrespective of age or competence, to submit to an abortion shall be grounds for a physician or hospital otherwise authorized to proceed, to decline performance of an abortion and/or to submit the matter of consent to adjudication by a court of competent jurisdiction.

History:

[18-610, added 1973, ch. 197, sec. 9, p. 442.]
Idaho Code § 18-6307 — Idaho Code / Title 18 / Chapter 63 / Section 18-6307
18-6307 AUDITOR — NEGLECT OF DUTY.
Status: in_force

18-6307. Auditor — Neglect of duty. If any county auditor neglects or refuses to perform the duties enjoined on him by the provisions of title 63 of the Idaho Code he is guilty of a felony, and shall be punished by imprisonment in the state prison for 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:

[18-6307, added 1972, ch. 336, sec. 1, p. 964.]
Idaho Code § 18-6722 — Idaho Code / Title 18 / Chapter 67 / Section 18-6722
18-6722 ISSUANCE OF AN ORDER FOR A PEN REGISTER OR A TRAP AND TRACE DEVICE.
Status: in_force

18-6722. Issuance of an order for a pen register or a trap and trace device. (1) Upon an application made under section 18-6721, Idaho Code, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device within the jurisdiction of the court if the court finds that the prosecuting attorney, the attorney general, or the state law enforcement or investigative officer has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation.

(2) An order issued under this section:

(a) Shall specify–

1. The identity, if known, of the person to whom is leased or in whose name is listed the telephone line to which the pen register or trap and trace device is to be attached;

2. The identity, if known, of the person who is the subject of the criminal investigation;

3. The number and, if known, physical location of the telephone line to which the pen register or trap and trace device is to be attached and, in the case of a trap and trace device, the geographic limits of the trap and trace order; and

4. A statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates; and

(b) Shall direct, upon the request of the applicant, the furnishing of information, facilities, and technical assistance necessary to accomplish the installation of the pen register or trap and trace device under section 18-6723, Idaho Code.

(3) An order issued under this section shall authorize the installation and use of a pen register or a trap and trace device for a period not to exceed sixty (60) days. Extensions of such an order may be granted, but only upon an application for an order under section 18-6721, Idaho Code, and upon the judicial finding required by subsection (1) of this section. The period of extension shall be for a period not to exceed sixty (60) days.

(4) An order authorizing or approving the installation and use of a pen register or a trap and trace device shall direct that:

(a) The order be sealed until otherwise ordered by the court; and

(b) The person owning or leasing the line to which the pen register or a trap and trace device is attached, or who has been ordered by the court to provide assistance to the applicant, not disclose the existence of the pen register or trap and trace device or the existence of the investigation to the listed subscriber, or to any other person, unless or until otherwise ordered by the court.

History:

[18-6722, added 1987, ch. 215, sec. 4, p. 462.]
Idaho Code § 18-9006 — Idaho Code / Title 18 / Chapter 90 / Section 18-9006
18-9006 TRAFFICKING A DANGEROUS ILLEGAL ALIEN.
Status: in_force

18-9006. trafficking a dangerous illegal alien. (1) The crime of trafficking a dangerous illegal alien is committed when a person knowingly and willfully transports into this state a dangerous illegal alien that the person knows, or reasonably should know, is a dangerous illegal alien.

(2) A person commits a separate offense for each individual transported into this state in violation of the provisions of this section.

(3) Whoever commits the crime of trafficking a dangerous illegal alien shall be guilty of a felony and imprisoned for not less than one (1) year and not more than two (2) years, fined not more than ten thousand dollars ($10,000), or both.

(4) The provisions of this section shall not apply if the defendant is a necessary witness to or victim of a crime of domestic violence, rape, sexual exploitation, sexual assault, murder, manslaughter, assault, battery, human trafficking, kidnapping, false imprisonment, involuntary servitude, fraud in foreign labor contracting, blackmail, extortion, or witness tampering where the referenced crime occurred during the defendant's act of transporting the dangerous illegal alien.

History:

[18-9006, added 2025, ch. 183, sec. 1, p. 859.]
Idaho Code § 18-701 — Idaho Code / Title 18 / Chapter 7 / Section 18-701
18-701 REFUSAL OF OFFICER TO MAKE ARREST.
Status: in_force

18-701. Refusal of officer to make arrest. Every sheriff, coroner, keeper of a jail, constable, or other peace officer, who wilfully refuses to receive or arrest any person charged with criminal offense, is punishable by fine not exceeding $5,000, and imprisonment in the county jail not exceeding one (1) year.

History:

[18-701, added 1972, ch. 336, sec. 1, p. 862.]
Idaho Code § 18-2310 — Idaho Code / Title 18 / Chapter 23 / Section 18-2310
18-2310 FORGING OR COUNTERFEITING RETURNS.
Status: in_force

18-2310. Forging or counterfeiting returns. Every person who forges or counterfeits returns of an election purporting to have been held at a precinct, town, or ward where no election was in fact held, or wilfully substitutes forged or counterfeit returns of election in the place of the true returns for a precinct, town, or ward where an election was actually held, is guilty of a felony.

History:

[18-2310, added 1972, ch. 336, sec. 1, p. 891.]
Idaho Code § 18-4618 — Idaho Code / Title 18 / Chapter 46 / Section 18-4618
18-4618 STEALING RIDES ON TRAINS — AUTHORITY OF CONDUCTORS AND ENGINEERS TO ARREST.
Status: in_force

18-4618. Stealing rides on trains — Authority of conductors and engineers to arrest. Authority is hereby given to and conferred upon railroad conductors and engineers of railroad trains, to immediately arrest, without warrant or other process, any person or persons violating the preceding section, and deliver such persons to any peace officer: provided, that nothing in this section contained shall be construed to restrict the authority or duty of the regular officer within the state of making arrests for said offense.

History:

[18-4618, added 1972, ch. 336, sec. 1, p. 940.]
Idaho Code § 18-8502 — Idaho Code / Title 18 / Chapter 85 / Section 18-8502
18-8502 DEFINITIONS.
Status: in_force

18-8502. Definitions. As used in this chapter:

(1) "Criminal gang" means an ongoing organization, association, or group of three (3) or more persons, whether formal or informal, that has a common name or common identifying sign or symbol, whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity, having as one (1) of its primary activities the commission of one (1) or more of the criminal acts enumerated in subsection (3) of this section.

(2) "Criminal gang member" means any person who engages in a pattern of criminal gang activity and who meets two (2) or more of the following criteria:

(a) Admits to gang membership;

(b) Is identified as a gang member;

(c) Resides in or frequents a particular gang's area and adopts its style of dress, its use of hand signs, or its tattoos, and associates with known gang members;

(d) Has been arrested more than once in the company of identified gang members for offenses that are consistent with usual gang activity;

(e) Is identified as a gang member by physical evidence such as photographs or other documentation; or

(f) Has been stopped in the company of known gang members four (4) or more times.

(3) "Pattern of criminal gang activity" means the commission, attempted commission or solicitation of two (2) or more of the following offenses, provided that the offenses are committed on separate occasions or by two (2) or more gang members:

(a) Robbery, as provided in section 18-6501, Idaho Code;

(b) Arson, as provided in sections 18-801 through 18-804, Idaho Code;

(c) Burglary, as provided in sections 18-1401, 18-1403, 18-1405 and 18-1406, Idaho Code;

(d) Murder or manslaughter, as provided, respectively, in sections 18-4001 and 18-4006, Idaho Code;

(e) Any violation of the provisions of chapter 27, title 37, Idaho Code;

(f) Any unlawful use or possession of a weapon, bomb or destructive device pursuant to chapter 33, title 18, Idaho Code;

(g) Assault and battery, as provided in chapter 9, title 18, Idaho Code;

(h) Criminal solicitation, as provided in section 18-2001, Idaho Code;

(i) Computer crime, as provided in section 18-2202, Idaho Code;

(j) Theft, as provided in sections 18-2401 and 18-2403, Idaho Code;

(k) Evidence falsified or concealed and witnesses intimidated or bribed, as provided in sections 18-2601 through 18-2606, Idaho Code;

(l) Forgery and counterfeiting, as provided in sections 18-3601 through 18-3603 and sections 18-3605 through 18-3616, Idaho Code;

(m) Gambling, as provided in section 18-3802, Idaho Code;

(n) Kidnapping, as provided in sections 18-4501 through 18-4503, Idaho Code;

(o) Mayhem, as provided in section 18-5001, Idaho Code;

(p) Commercial sexual activity, as provided in chapter 56, title 18, Idaho Code;

(q) Rape, as provided in sections 18-6101 and 18-6110, Idaho Code;

(r) Racketeering, as provided in section 18-7804, Idaho Code;

(s) Malicious harassment, as provided in section 18-7902, Idaho Code;

(t) Terrorism, as provided in section 18-8103, Idaho Code;

(u) Money laundering and illegal investment, as provided in section 18-8201, Idaho Code;

(v) Sexual abuse of a child under the age of sixteen years, as provided in section 18-1506, Idaho Code;

(w) Sexual exploitation of a child, as provided in section 18-1507, Idaho Code;

(x) Lewd conduct with minor child under sixteen, as provided in section 18-1508, Idaho Code;

(y) Sexual battery of a minor child sixteen or seventeen years of age, as provided in section 18-1508A, Idaho Code;

(z) Escape or rescue of prisoners, as provided in sections 18-2501 through 18-2506, Idaho Code;

(aa) Riot, as provided in sections 18-6401 and 18-6402, Idaho Code;

(bb) Disturbing the peace, as provided in section 18-6409, Idaho Code;

(cc) Malicious injury to property, as provided in section 18-7001, Idaho Code;

(dd) Injuring jails, as provided in section 18-7018, Idaho Code;

(ee) Injury by graffiti, as provided in section 18-7036, Idaho Code; or

(ff) Human trafficking, as provided in chapter 86, title 18, Idaho Code.

History:

[18-8502, added 2006, ch. 184, sec. 1, p. 582; am. 2011, ch. 188, sec. 1, p. 538; am. 2016, ch. 296, sec. 10, p. 839; am. 2024, ch. 147, sec. 48, p. 584.]
Idaho Code § 18-4017 — Idaho Code / Title 18 / Chapter 40 / Section 18-4017
18-4017 CAUSING A SUICIDE — ASSISTING IN A SUICIDE — INJUNCTIVE RELIEF — REVOCATION OF LICENSE — EXCEPTIONS.
Status: in_force

18-4017. causing a suicide — assisting in a suicide — injunctive RELIEF — REVOCATION OF LICENSE — EXCEPTIONS. (1) A person is guilty of a felony if such person, with the purpose of assisting another person to commit or to attempt to commit suicide, knowingly and intentionally either:

(a) Provides the physical means by which another person commits or attempts to commit suicide; or

(b) Participates in a physical act by which another person commits or attempts to commit suicide.

(2) Any person convicted of or who pleads guilty to a violation of the provisions of subsection (1) of this section shall be sentenced to the custody of the state board of correction for a period not to exceed five (5) years.

(3) The licensing authority that issued a license or certification to a health care professional who is convicted of or who pleads guilty to a violation of the provisions of subsection (1) of this section, or who has had a judgment of contempt of court for violating an injunction issued pursuant to the provisions of subsection (4) of this section, may revoke the license or certification of such health care professional upon receipt of:

(a) A copy of the record of the criminal conviction or plea of guilty for a felony in violation of the provisions of subsection (1) of this section; or

(b) A copy of the record of a judgment of contempt of court for violating an injunction issued pursuant to the provisions of subsection (4) of this section.

(4) Upon proper application to the court, injunctive relief against any person who is reasonably believed to be about to violate, or who is in the course of violating, the provisions of subsection (1) of this section may be obtained by any person who is:

(a) The spouse, parent, child or sibling of the person who would commit suicide;

(b) A court appointed guardian of the person who would commit suicide;

(c) Entitled to inherit from the person who would commit suicide;

(d) A health care provider of the person who would commit suicide; or

(e) A public official with appropriate jurisdiction to prosecute or enforce the laws of this state.

(5) The following shall not be deemed a violation of the provisions of this section:

(a) A health care professional who administers, prescribes or dispenses medications or procedures to relieve another person's pain or discomfort, even if any such medication or procedure may hasten or increase the risk of death, unless such medications or procedures are knowingly and intentionally administered, prescribed or dispensed to cause death.

(b) A health care professional who withholds or withdraws treatment or procedures in compliance with a living will and durable power of attorney for health care, a health care directive, a physician orders for scope of treatment form or any other similar document that satisfies the elements set forth in chapter 45, title 39, Idaho Code, or upon a refusal to consent or withdrawal of consent by the patient, or if the patient is unable to give or refuse consent, and does not have a living will and durable power of attorney for health care, a health care directive, a physician orders for scope of treatment form or any other similar document that satisfies the elements set forth in chapter 45, title 39, Idaho Code, by a person authorized to refuse or withdraw consent pursuant to section 39-4504, Idaho Code, shall not be deemed to have violated the provisions of this section.

(6) As used in this section:

(a) "Health care professional" means any person licensed, certified or registered by the state of Idaho to deliver health care.

(b) "Suicide" means the act or instance of taking one's own life.

History:

[18-4017, added 2011, ch. 194, sec. 1, p. 555.]
Idaho Code § 18-6301 — Idaho Code / Title 18 / Chapter 63 / Section 18-6301
18-6301 TAXATION — REFUSAL TO GIVE ASSESSOR LIST OF PROPERTY.
Status: in_force

18-6301. Taxation — Refusal to give assessor list of property. Every person who unlawfully refuses upon demand to give to any county assessor a list of his property subject to taxation, or to swear to such list, or who gives a false name, or fraudulently refuses to give his true name, to any assessor when demanded by such assessor in the discharge of his official duties, is guilty of a misdemeanor.

History:

[18-6301, added 1972, ch. 336, sec. 1, p. 963.]
Idaho Code § 18-2410 — Idaho Code / Title 18 / Chapter 24 / Section 18-2410
18-2410 PROHIBITING DEFACING, ALTERING OR OBLITERATING NUMBERS — SALES PROHIBITED — PENALTY.
Status: in_force

18-2410. Prohibiting defacing, altering or obliterating numbers — Sales prohibited — Penalty. (1) Any person who, with intent to deceive or defraud others, shall deface, alter, remove, cover, destroy or obliterate the manufacturer's serial or identification number on any item of property shall be guilty of a felony.

(2) Any person or persons who, with intent to deceive or defraud others, knowingly disposes of, sells, trades or barters, or offers to dispose of, sell, trade or barter any item of property on which the manufacturer's serial or identification number has been defaced, altered, removed, covered or obliterated shall be guilty of a felony.

(3) Any violation of the provisions of this act shall be punishable by a fine not to exceed one thousand dollars ($1,000) or by imprisonment of not more than five (5) years in the state penitentiary or both.

History:

[18-2410, added 1982, ch. 214, sec. 1, p. 588.]
Idaho Code § 18-7401 — Idaho Code / Title 18 / Chapter 74 / Section 18-7401
18-7401 BAIL JUMPING — DEFAULT IN REQUIRED APPEARANCE.
Status: in_force

18-7401. Bail jumping — Default in required appearance. A person set at liberty by court order, with or without bail, upon condition that he will subsequently appear at a specified time and place, commits a misdemeanor if, without lawful excuse, he fails to appear at that time and place. The offense constitutes a felony where the required appearance was to answer to a charge of felony, or for disposition of any such charge, and the actor took flight or went into hiding to avoid apprehension, trial or punishment. This section does not apply to obligations to appear incident to release under suspended sentence or on probation or parole.

History:

[18-7401, added 1972, ch. 381, sec. 18, p. 1102.]
Idaho Code § 18-6603 — Idaho Code / Title 18 / Chapter 66 / Section 18-6603
18-6603 SEXUAL ABUSE OF HUMAN REMAINS.
Status: in_force

18-6603. sexual abuse of human remains. (1) A person is guilty of a felony if that person engages in sexual contact with human remains.

(2) As used in this section:

(a) "Human remains" means a deceased human body or any portion of a deceased human body in any condition or state of decomposition; and

(b) "Sexual contact" means any act committed between a person and human remains for the purpose of sexual arousal, sexual gratification, abuse, or financial gain involving genital-genital, oral-genital, anal-genital, oral-anal, manual-genital, or manual-anal contact between a person and human remains or penetration of the genitals or anus with an object, instrument, or device.

(3) Any person who violates this section may be punished by imprisonment in the state prison for a term not to exceed five (5) years.

(4) Nothing in this section shall be construed to criminalize:

(a) Generally accepted dental, nursing, or medical practices in compliance with chapter 9, chapter 18, or chapter 14, title 54, Idaho Code;

(b) Generally accepted organ donation or anatomical gift practices in compliance with chapter 34, title 39, Idaho Code;

(c) Generally accepted mortuary or funerary practices, including but not limited to embalming in compliance with chapter 11, title 54, Idaho Code; or

(d) Generally accepted investigative practices by coroners, medical examiners, pathologists, or the like.

History:

[18-6603, added 2022, ch. 124, sec. 7, p. 438.]
Idaho Code § 18-1520 — Idaho Code / Title 18 / Chapter 15 / Section 18-1520
18-1520 DISTRICT COURTS — INJUNCTIONS — TRIAL — ORDERS OF INJUNCTION.
Status: in_force

18-1520. District courts — Injunctions — Trial — Orders of injunction. The district courts have jurisdiction to enjoin the sale or distribution of material harmful to minors, and to direct the seizure and destruction of the same, as hereinafter specified:

1. The prosecuting attorney of any county in which a person, firm, or corporation sells, distributes or promotes, or is about to sell, distribute or promote, or has in his possession with intent to sell, distribute or promote, or is about to acquire possession with intent to sell, distribute or promote, any material harmful to minors, may maintain an action in the name of the state of Idaho for an injunction against such person, firm, or corporation in the district court of that county to prevent the sale, distribution or promotion, or further sale, distribution, or promotion, or the acquisition or possession of any material harmful to minors.

2. The person, firm or corporation sought to be enjoined shall be entitled to a trial of the issues within one (1) day after joinder of issue and a decision shall be rendered by the court within two (2) days of the conclusion of the trial.

3. In the event that a final order or judgment of injunction be entered in favor of the state of Idaho and against the person, firm, or corporation sought to be enjoined, such final order or judgment shall contain a provision directing the person, firm or corporation to cease and desist from the sale of all materials adjudged to be harmful to minors.

4. Such final order or judgment of injunction shall not enjoin or prohibit a person, firm or corporation from sale, distribution or promotion of material harmful to minors to persons other than minors, nor shall it order the seizure and destruction of material harmful to minors unless the court finds and concludes that the person, firm or corporation has been selling, distributing or promoting, or intends to sell, distribute or promote such material to minors.

5. In any action brought as herein provided the state of Idaho shall not be required to file any undertaking before the issuance of an injunction order, shall not be liable for costs, and shall not be liable for damages sustained by reason of the injunction order in cases where judgment is rendered in favor of the person, firm or corporation sought to be enjoined.

6. Every person, firm, or corporation who sells, distributes, or promotes, or acquires possession with intent to sell, distribute, or promote any material harmful to minors, after the service upon him of a summons and complaint in an action brought pursuant to this section, is chargeable with knowledge of the contents thereof.

History:

[I.C., sec. 18-1520, as added by 1972, ch. 336, sec. 1, p. 877.]
Idaho Code § 18-2706 — Idaho Code / Title 18 / Chapter 27 / Section 18-2706
18-2706 PRESENTATION OF FRAUDULENT ACCOUNTS.
Status: in_force

18-2706. Presentation of fraudulent accounts. Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher or writing, is guilty of a felony.

History:

[18-2706, added 1972, ch. 336, sec. 1, p. 900.]
Idaho Code § 18-3322 — Idaho Code / Title 18 / Chapter 33 / Section 18-3322
18-3322 USE OF WEAPONS OF MASS DESTRUCTION — DEFINITION.
Status: in_force

18-3322. Use of weapons of mass destruction — Definition. (1) Any person who willfully and without lawful authority uses, threatens, attempts or conspires to use a weapon of mass destruction, as defined in this section and including a biological agent, toxin or vector, against any person or property shall be guilty of a felony and shall be punished by a term of up to and including life imprisonment or by a fine not exceeding fifty thousand dollars ($50,000), or by both.

(2) As used in this section, the term "weapon of mass destruction" means:

(a) Any bomb or destructive device, as those terms are defined in section 18-3318, Idaho Code;

(b) Any weapon that is designed or intended to cause death or serious bodily injury through the release, dissemination or impact of toxic or poisonous chemicals or the precursors of such chemicals;

(c) Any weapon involving a disease organism; or

(d) Any weapon that is designed to release radiation or radioactivity at a level dangerous to human life.

History:

[18-3322, added 2002, ch. 222, sec. 1, p. 624.]
Idaho Code § 18-902 — Idaho Code / Title 18 / Chapter 9 / Section 18-902
18-902 ASSAULT — PUNISHMENT.
Status: in_force

18-902. Assault — Punishment. An assault is punishable by fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not to exceed three (3) months, or by both such fine and imprisonment.

History:

[18-902, added 1979, ch. 227, sec. 2, p. 624; am. 1982, ch. 246, sec. 1, p. 633; am. 2005, ch. 359, sec. 2, p. 1134.]
Idaho Code § 18-116 — Idaho Code / Title 18 / Chapter 1 / Section 18-116
18-116 INTOXICATION NO EXCUSE FOR CRIME.
Status: in_force

18-116. Intoxication no excuse for crime. A person who is in an intoxicated condition is criminally responsible for his conduct and an intoxicated condition is not a defense to any offense and may not be taken into consideration in determining the existence of a mental state which is an element of the offense unless the defendant proves that he did not know that it was an intoxicating substance when he consumed, smoked, sniffed, injected or otherwise ingested the substance causing the condition.

History:

[18-116, added 1972, ch. 336, sec. 1, p. 849; am. 1997, ch. 53, sec. 1, p. 92.]
Idaho Code § 18-5406 — Idaho Code / Title 18 / Chapter 54 / Section 18-5406
18-5406 IGNORANCE OF MATERIALITY NO DEFENSE.
Status: in_force

18-5406. Ignorance of materiality no defense. It is no defense to a prosecution for perjury that the accused did not know the materiality of the false statement made by him; or that it did not, in fact, affect the proceeding in or for which it was made. It is sufficient that it was material, and might have been used to affect such proceeding.

History:

[18-5406, added 1972, ch. 336, sec. 1, p. 949.]
Idaho Code § 18-8323 — Idaho Code / Title 18 / Chapter 83 / Section 18-8323
18-8323 PUBLIC ACCESS TO SEXUAL OFFENDER REGISTRY INFORMATION.
Status: in_force

18-8323. Public access to sexual offender registry information. Information within the sexual offender registry collected pursuant to this chapter is subject to release only as provided by this section.

(1) The department or sheriff shall provide public access to information contained in the central sexual offender registry by means of the internet.

(2) Information that shall be made available to the public is limited to:

(a) The offender's name including any aliases or prior names;

(b) The offender's date of birth;

(c) The address of each residence at which the offender resides or will reside and, if the offender does not have any present or expected residence address, other information about where the offender has his or her home or habitually lives;

(d) The address of any place where the offender is a student or will be a student;

(e) A physical description of the offender;

(f) The offense for which the offender is registered and any other sex offense for which the offender has been convicted and the place of the convictions;

(g) A current photograph of the offender; and

(h) Temporary lodging information including the place and the period of time the offender is staying at such lodging. "Temporary lodging" means any place in which the offender is staying when away from his or her residence for seven (7) or more days. If current information regarding the offender's residence is not available because the offender is in violation of the requirement to register or cannot be located, then the website shall so note.

(3) The following information shall not be disclosed to the public:

(a) The identity of the victim;

(b) The offender's social security number;

(c) Any reference to arrests of the offender that did not result in conviction;

(d) Any internet identifier associated with and/or provided by the offender;

(e) Any information pertaining to the offender's passports and immigration documents; and

(f) Any information identifying any person related to, living with, working for, employing or otherwise associated with a registered sexual offender.

(4) Where a crime category such as "incest" may serve to identify a victim, that crime will be reported as a violation of section 18-1506, Idaho Code.

(5) The department shall include a cautionary statement relating to completeness, accuracy and use of registry information when releasing information to the public or noncriminal justice agencies as well as a statement concerning the penalties provided in section 18-8326, Idaho Code, for misuse of registry information.

(6) Information released pursuant to this section may be used only for the protection of the public.

(7) Further dissemination of registry information by any person or entity shall include the cautionary statements required in subsection (5) of this section.

History:

[18-8323, added 1998, ch. 411, sec. 2, p. 1288; am. 1999, ch. 302, sec. 7, p. 758; am. 2001, ch. 195, sec. 1, p. 662; am. 2011, ch. 311, sec. 22, p. 898.]