Idaho Code § 18-8305 — Idaho Code / Title 18 / Chapter 83 / Section 18-8305
18-8305 CENTRAL REGISTRY — NOTICE TO AGENCIES.
Status: in_force

18-8305. Central registry — Notice to agencies. (1) The department shall establish and maintain a central sexual offender registry separate from other records maintained by the department. The information contained in the registry shall be in digital form or include links or identification numbers that provide access to the information in other databases in which it is included in digital form. The registry shall include, but is not limited to, the following information:

(a) Name and all aliases that the offender has used or under which the offender has been known including the offender's primary or given name, nicknames and pseudonyms generally, regardless of the context in which they are used, any designations or monikers used for self-identification in internet communications or postings and traditional names given by family or clan pursuant to ethnic or tribal tradition;

(b) A complete physical description of the person including any identifying marks, such as scars or tattoos, the offender's date of birth including any date the offender uses as his or her purported date of birth and the offender's social security number including any number the offender uses as his or her purported social security number;

(c) The criminal history of the offender including the jurisdiction of all arrests and convictions, the name under which the offender was convicted of each offense, the status of parole, probation or supervised release; registration status; and the existence of any outstanding arrest warrants for the offender;

(d) The text of the provision of law defining the criminal offense for which the sexual offender is registered as formulated at the time the offender was convicted;

(e) The name and location of each hospital, jail or penal institution to which the offender was committed for each offense covered under this chapter;

(f) The address or physical description of each residence at which the offender resides;

(g) The name and address of any place where the offender is a student or will be a student unless the offender is only participating in courses remotely through the mail or the internet;

(h) The license plate number and a description of any vehicle owned or regularly operated by the sexual offender including any vehicle the offender drives, either for personal use or in the course of employment, regardless of to whom the vehicle is registered. The term "vehicle" includes watercraft and aircraft. To the extent the vehicle does not have a license plate, a registration number or other identifying information shall be provided;

(i) Any e-mail or instant messaging address used by the offender;

(j) The offender's telephone numbers including, but not limited to, fixed location telephone numbers, voice over internet protocol numbers and cell phone numbers;

(k) The name and address of any place where the offender is employed or will be employed and the name and address of any place where the offender works as a volunteer or otherwise works without remuneration or if the offender does not have a fixed place of employment, a description of normal travel routes or the general areas in which the offender works;

(l) Information regarding any professional license maintained by the offender that authorizes the offender to engage in an occupation or carry out a trade or business;

(m) Information about the offender's passport, if any, and if the offender is an alien, information about documents establishing the offender's immigration status including document type and number information for such documents and a digitized copy of the documents;

(n) A set of fingerprints and palm prints of the offender;

(o) A current photograph of the offender; and

(p) A photocopy of a valid driver's license or identification card issued to the offender, if any.

(2) The department shall adopt rules relating to providing notice of address changes to law enforcement agencies, developing forms, operating the central registry, reviewing and correcting records, and expunging records of persons who are deceased, whose convictions have been reversed or who have been pardoned, and those for whom an order of expungement or relief from registration has been entered pursuant to section 18-8310, Idaho Code.

(3) The department shall develop and distribute to appropriate agencies the standardized forms necessary for the administration of the registry and shall provide appropriate agencies with instructions for completing and submitting the forms. The attorney general shall approve the forms and instructions prior to distribution.

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

History:

[18-8305, added 1998, ch. 411, sec. 2, p. 1278; am. 2011, ch. 311, sec. 4, p. 885.]
Idaho Code § 18-4630 — Idaho Code / Title 18 / Chapter 46 / Section 18-4630
18-4630 ILLEGAL USE OF DOCUMENTS.
Status: in_force

18-4630. Illegal use of documents. It is unlawful for any person, firm, company, or business to use any of the following documents for fraudulent or illegal purposes:

(a) Log or product load receipt or ticket, permit, contract, or other instrument under the transportation of forest products act, sections 18-4627 through 18-4630, Idaho Code;

(b) Certificates of compliance under the Idaho forestry act, sections 38-101 through 38-133, Idaho Code;

(c) Certificate of notification under the Idaho forest practices act, sections 38-1301 through 38-1312, Idaho Code.

Any person, firm, company, or business which knowingly uses any of the above mentioned documents in a fraudulent or illegal manner is guilty of a felony.

History:

[18-4630, added 1978, ch. 252, sec. 3, p. 552.]
Idaho Code § 18-1506B — Idaho Code / Title 18 / Chapter 15 / Section 18-1506B
18-1506B FEMALE GENITAL MUTILATION OF A CHILD — EXCLUSIONS — PENALTIES — DEFINITION.
Status: in_force

18-1506B. female genital mutilation of a child — exclusions — penalties — definition. (1) Except as provided in subsection (4) of this section, whoever knowingly circumcises, excises, or infibulates the whole or any part of the labia majora, labia minora, or clitoris of a child shall be guilty of a felony.

(2) Except as provided in subsection (4) of this section, whoever knowingly gives permission for, or permits on a child, any act prohibited by subsection (1) of this section shall be guilty of a felony.

(3) Except as provided in subsection (4) of this section, whoever knowingly removes or causes, permits, or facilitates the removal of a child from this state for the purpose of facilitating any act prohibited by subsection (1) of this section shall be guilty of a felony.

(4) A surgical operation shall not be a violation of this section if the operation 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; or

(b) Performed on a person in labor or who has just given birth and is performed for medical purposes connected with that labor or birth by a person licensed in the place it is performed as a medical practitioner, midwife, or person in training to become such a practitioner or midwife.

(5) In applying subsection (4)(a) of this section, no account shall be taken of the effect on the person on whom the operation is to be performed or any belief on the part of that person, or any other person, that the operation is required as a matter of custom or ritual.

(6) Any person convicted of a violation of this section shall be guilty of a felony and shall be imprisoned in the state prison for a term of not more than life.

(7) For the purposes of this section, "child" means any person under eighteen (18) years of age.

History:

[18-1506B, added 2019, ch. 130, sec. 1, p. 465; am. 2020, ch. 101, sec. 1, p. 271.]
Idaho Code § 18-8004C — Idaho Code / Title 18 / Chapter 80 / Section 18-8004C
18-8004C EXCESSIVE ALCOHOL CONCENTRATION — PENALTIES.
Status: in_force

18-8004C. Excessive alcohol concentration — Penalties. Notwithstanding any provision of section 18-8005, Idaho Code, to the contrary:

(1) Any person who pleads guilty to or is found guilty of a violation of the provisions of section 18-8004(1)(a), Idaho Code, for the first time, but who has an alcohol concentration of 0.20, as defined in section 18-8004(4), Idaho Code, or more, as shown by an analysis of his blood, breath or urine by a test requested by a police officer, shall be guilty of a misdemeanor; and:

(a) Shall be sentenced to jail for a mandatory minimum period of not less than ten (10) days, the first forty-eight (48) hours of which must be consecutive, and may be sentenced to not more than one (1) year;

(b) May be fined an amount not to exceed two thousand dollars ($2,000);

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

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

(e) Shall have his driving privileges suspended by the court for an additional mandatory minimum period of one (1) year after release from confinement, during which one (1) year period absolutely no driving privileges of any kind may be granted.

(2) Any person who pleads guilty to or is found guilty of a violation of the provisions of section 18-8004, Idaho Code, and who has an alcohol concentration of 0.20, as defined in section 18-8004(4), Idaho Code, or more, as shown by an analysis of his blood, breath or urine by a test requested by a police officer, and who previously has been found guilty of or has pled guilty to one (1) or more violations of the provisions of section 18-8004, Idaho Code, in which the person had an alcohol concentration of 0.20 or more, or any substantially conforming foreign criminal violation wherein the defendant had an alcohol concentration of 0.20 or more, or any combination thereof, within five (5) years, notwithstanding the form of judgment or withheld judgment shall be guilty of a felony; and:

(a) Shall be sentenced to the custody of the state board of correction for a term not to exceed five (5) years; provided that notwithstanding the provisions of section 19-2601, Idaho Code, should the court impose any sentence other than incarceration in the state penitentiary, the defendant shall be sentenced to the county jail for a mandatory minimum period of not less than thirty (30) days; and further provided that notwithstanding the provisions of section 18-111, Idaho Code, a conviction under this section shall be deemed a felony;

(b) May be fined an amount not to exceed five thousand dollars ($5,000);

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

(d) Shall have his driving privileges suspended by the court for a mandatory minimum period of one (1) year after release from imprisonment, and may have his driving privileges suspended by the court for a period not to exceed five (5) years after release from imprisonment, during which time he shall have absolutely no driving privileges of any kind; and

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

(3) Notwithstanding the provisions of subsections (1)(e) and (2)(d) of this section, a person who is enrolled in and is a participant in good standing in a drug court or mental health court approved by the supreme court drug court and mental health court coordinating committee under the provisions of chapter 56, title 19, Idaho Code, or other similar problem solving court utilizing community-based sentencing alternatives, shall be eligible for restricted noncommercial driving privileges for the purpose of getting to and from work, school or an alcohol treatment program, which may be granted by the presiding judge of the drug court or mental health court or other similar problem solving court, provided that the offender has served a period of absolute suspension of driving privileges of at least forty-five (45) days, that a state approved ignition interlock system is installed, and for repeat offenders it shall be maintained for not less than one (1) year, on each of the motor vehicles owned or operated, or both, by the offender, and that the offender has shown proof of financial responsibility as defined and in the amounts specified in section 49-117, Idaho Code, provided that the restricted noncommercial driving privileges may be continued if the offender successfully completes the drug court, mental health court or other similar problem solving court, and that the court may revoke such privileges for failure to comply with the terms of probation or with the terms and conditions of the drug court, mental health court or other similar problem solving court program.

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

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

History:

[18-8004C, added 1994, ch. 421, sec. 1, p. 1316; am. 2000, ch. 247, sec. 2, p. 694; am. 2009, ch. 184, sec. 4, p. 594; am. 2011, ch. 265, sec. 3, p. 719; am. 2014, ch. 63, sec. 4, p. 161.]
Idaho Code § 18-1509 — Idaho Code / Title 18 / Chapter 15 / Section 18-1509
18-1509 ENTICING OF CHILDREN.
Status: in_force

18-1509. Enticing of children. (1) A person shall be guilty of a misdemeanor if that person attempts to persuade, or persuades, whether by words or actions or both, a minor child under the age of sixteen (16) years to either:

(a) Leave the child's home or school; or

(b) Enter a vehicle or building; or

(c) Enter a structure or enclosed area, or alley, with the intent that the child shall be concealed from public view;

while the person is acting without the authority of (i) the custodial parent of the child, (ii) the state of Idaho or a political subdivision thereof or (iii) one having legal custody of the minor child. Nothing contained in this section shall be construed to prevent the lawful detention of a minor child or the rendering of aid or assistance to a minor child.

(2) Every person who is convicted of a violation of the provisions of this section shall be punished by imprisonment in the county or municipal jail for not more than six (6) months or by a fine of not more than one thousand dollars ($1,000) or by both such fine and imprisonment. A person convicted a second or subsequent time of violating the provisions of this section shall be guilty of a felony and shall be punished by imprisonment in the state penitentiary for a period of time of not more than five (5) years.

History:

[18-1509, added 1985, ch. 81, sec. 1, p. 156.]
Idaho Code § 18-1516 — Idaho Code / Title 18 / Chapter 15 / Section 18-1516
18-1516 MISREPRESENTATIONS — PARENTHOOD OR AGE — MISDEMEANOR.
Status: in_force

18-1516. Misrepresentations — Parenthood or age — Misdemeanor. A person is guilty of a misdemeanor when:

1. He knowingly misrepresents that he is a parent or guardian of a minor for the purpose of obtaining admission of any minor to any motion picture, show, or other presentation which is harmful to minors as defined in section 18-1515, subsection 2.

2. If he is a minor and misrepresents his age for the purpose of obtaining admission to any motion picture, show, or other presentation which is harmful to minors as defined in section 18-1515, subsection 2.

History:

[I.C., sec. 18-1516, as added by 1972, ch. 336, sec. 1, p. 876.]
Idaho Code § 18-4627 — Idaho Code / Title 18 / Chapter 46 / Section 18-4627
18-4627 TRANSPORTATION OF CONIFEROUS TREES — PROOF OF OWNERSHIP REQUIRED.
Status: in_force

18-4627. Transportation of coniferous trees — Proof of ownership required. It shall be unlawful for any person to transport on the highways of this state, outside of incorporated cities, more than two (2) coniferous trees without proof of ownership. Such proof of ownership shall consist of one (1) or more of the following:

(1) A tag designating the grower or producer, and/or the vendor of the tree; such tag shall be attached firmly to the branches or trunk of the tree;

(2) A permit issued by the proper state or federal agencies which shall specify:

(a) The date of its execution;

(b) The name of the permittee;

(c) The location or area where the trees were harvested; and

(d) The amount or number of trees authorized to be cut.

(3) A bill of sale showing title thereto, which shall specify:

(a) The date of its execution;

(b) The name and address of the vendor or donor of the trees;

(c) The name and address of the vendee or donee of the trees;

(d) The number of trees, by species, sold or transferred by the bill of sale; and

(e) The property from which the trees were taken.

(4) A United States department of agriculture and/or a state of Idaho marketing service grade inspection tag shall be acceptable as proof of ownership when such tags specify:

(a) The date of inspection;

(b) The name and address of the grower or producer; and

(c) The species and grade of the trees.

The foregoing provisions do not apply to:

(1) The transportation of trees in the course of transplantation, with their roots intact.

(2) The transportation of logs, poles, pilings or other forest products from which substantially all the limbs and branches have been removed.

(3) The transportation of coniferous trees by the owner of the land from which they were taken or his agent.

History:

[I.C., sec. 18-4627, as added by 1972, ch. 336, sec. 1, p. 941.]
Idaho Code § 18-8301 — Idaho Code / Title 18 / Chapter 83 / Section 18-8301
18-8301 SHORT TITLE.
Status: in_force

18-8301. Short title. This chapter shall be known and may be cited as the "Sexual Offender Registration Notification and Community Right-to-Know Act."

History:

[18-8301, added 1998, ch. 411, sec. 2, p. 1276.]
Idaho Code § 18-5904 — Idaho Code / Title 18 / Chapter 59 / Section 18-5904
18-5904 NO SMOKING DURING PUBLIC MEETINGS.
Status: in_force

18-5904. No smoking during public meetings. For the purpose of this act, any meeting or hearing of any board, commission, council, department or agency of state, county, or local government, held within a building owned, rented, or being used by a governmental agency, to which the public is invited, or solicited, or legally entitled to attend is defined as a public meeting. Cigarette, cigar, and pipe smoking are prohibited during all periods when such public hearings or meetings are in progress.

History:

[I.C., sec. 18-5904, as added by 1975, ch. 121, sec. 1, p. 252.]
Idaho Code § 18-1302 — Idaho Code / Title 18 / Chapter 13 / Section 18-1302
18-1302 RECEIPT OF BRIBE BY OFFICER.
Status: in_force

18-1302. Receipt of bribe by officer. Every judicial officer, juror, referee, arbitrator or umpire, and every person authorized by law to hear or determine any question or controversy, who asks, receives or agrees to receive any bribe, upon any agreement or understanding that his vote, opinion or decision upon any matters or question which is or may be brought before him for decision, shall be influenced thereby, is guilty of a felony.

History:

[18-1302, added 1972, ch. 336, sec. 1, p. 870.]
Idaho Code § 18-6502 — Idaho Code / Title 18 / Chapter 65 / Section 18-6502
18-6502 FEAR WHICH CONSTITUTES ROBBERY.
Status: in_force

18-6502. Fear which constitutes robbery. The fear which constitutes robbery may be either:

1. The fear of an unlawful injury to the person or property of the person robbed, or of any relative of his, or member of his family; or,

2. The fear of an immediate and unlawful injury to the person or property of any one in the company of the person robbed at the time of the robbery.

History:

[18-6502, added 1972, ch. 336, sec. 1, p. 966.]
Idaho Code § 18-8801 — Idaho Code / Title 18 / Chapter 88 / Section 18-8801
18-8801 DEFINITIONS.
Status: in_force

18-8801. definitions. As used in this chapter:

(1) "Abortion" means the use of any means to intentionally terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the preborn child. "Abortion" does not mean the use of an intrauterine device or birth control pill to inhibit or prevent ovulations, fertilization, or the implantation of a fertilized ovum within the uterus.

(2) "Fetal heartbeat" means embryonic or fetal cardiac activity or the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac.

(3) "Fetus" and "preborn child" each mean an individual organism of the species Homo sapiens from fertilization until live birth.

(4) "Gestational age" means the age of a preborn human individual as calculated from the first day of the last menstrual period of a pregnant woman.

(5) "Medical emergency" means a condition that, in reasonable medical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function.

History:

[(18-8801) 18-8701, added 2021, ch. 289, sec. 1, p. 867; am. and redesig. 2022, ch. 111, sec. 10, p. 372; am. and redesig. 2022, ch. 152, sec. 1, p. 532.]
Idaho Code § 18-2606 — Idaho Code / Title 18 / Chapter 26 / Section 18-2606
18-2606 RECEIVING OF BRIBE BY WITNESS.
Status: in_force

18-2606. Receiving of bribe by witness. Every person who is a witness, or is about to be called as such, who receives or offers to receive any bribe, upon any understanding that his testimony shall be influenced thereby, or that he will absent himself from the trial or proceeding upon which his testimony is required, is guilty of a misdemeanor.

History:

[18-2606, added 1972, ch. 336, sec. 1, p. 899.]
Idaho Code § 18-921 — Idaho Code / Title 18 / Chapter 9 / Section 18-921
18-921 PEACE OFFICERS — IMMUNITY.
Status: in_force

18-921. Peace officers — Immunity. No peace officer may be held criminally or civilly liable for actions or omissions in the performance of the duties of his office under this chapter, if the peace officer acts in good faith and without malice.

History:

[18-921, added 1997, ch. 314, sec. 2, p. 930.]
Idaho Code § 18-7105 — Idaho Code / Title 18 / Chapter 71 / Section 18-7105
18-7105 LIMITED ACCESS FOR GOVERNMENT AGENTS.
Status: in_force

18-7105. limited access for government agents. Notwithstanding section 18-7103, Idaho Code, a government agent may approach a residence's front entrance using a driveway, walkway, or similar pathway in a manner consistent with that of a private citizen. However, such government agent:

(1) Shall not conduct an investigatory search, inspection, or surveillance beyond what is visible from a lawful public vantage point, nor shall the agent enter other areas of the property not open to the public; and

(2) Shall promptly leave such private land upon the request of the owner or occupant, unless otherwise authorized by law to remain.

History:

[18-7105, added 2026, ch. 261, sec. 1, p. 1110.]
Idaho Code § 18-1909 — Idaho Code / Title 18 / Chapter 19 / Section 18-1909
18-1909 DIRECTOR PRESENT AT MEETING — ASSENT TO ILLEGAL ACTS.
Status: in_force

18-1909. Director present at meeting — Assent to illegal acts. Every director of a corporation or a joint stock association who is present at a meeting of the directors at which any act, proceeding or omission of such directors in violation of this chapter occurs, is deemed to have concurred therein, unless he at the time causes, or in writing requires, his dissent therefrom to be entered in the minutes of the directors.

History:

[18-1909, added 1972, ch. 336, sec. 1, p. 882.]
Idaho Code § 18-6902 — Idaho Code / Title 18 / Chapter 69 / Section 18-6902
18-6902 DEFINITIONS.
Status: in_force

18-6902. Definitions. As used in this chapter:

(1) "Audiovisual recording function" means the capability of a device to record or transmit a motion picture or any part thereof by means of any technology now known or later developed.

(2) "Motion picture theater" means a movie theater, screening room, or other venue that is being utilized primarily for the exhibition of a motion picture at the time of the offense.

History:

[18-6902, added 2005, ch. 239, sec. 1, p. 742.]
Idaho Code § 18-8313 — Idaho Code / Title 18 / Chapter 83 / Section 18-8313
18-8313 REMOVAL OF BOARD MEMBERS.
Status: in_force

18-8313. Removal of board members. The governor may remove members of the board for reasons of inefficiency, neglect of duty, malfeasance in office, commission of a felony or inability to perform the duties of office.

History:

[18-8313, added 1998, ch. 411, sec. 2, p. 1283.]
Idaho Code § 18-2710 — Idaho Code / Title 18 / Chapter 27 / Section 18-2710
18-2710 WITHHOLDING BOOKS AND RECORDS FROM SUCCESSOR.
Status: in_force

18-2710. Withholding books and records from successor. Every officer whose office is abolished by law, or who, after the expiration of the time for which he may be appointed or elected, or after he has resigned or been legally removed from office, wilfully and unlawfully withholds or detains from his successor, or other person entitled thereto, the records, papers, documents or other writings appertaining or belonging to his office, or mutilates, destroys or takes away the same, is guilty of a felony.

History:

[18-2710, added 1972, ch. 336, sec. 1, p. 900.]
Idaho Code § 18-7038 — Idaho Code / Title 18 / Chapter 70 / Section 18-7038
18-7038 DESTROYING LIVESTOCK.
Status: in_force

18-7038. Destroying livestock. (1) Any person who shall, without the permission of the owner:

(a) Wilfully and intentionally destroy; or

(b) Destroy and remove the body or any body parts of any livestock with a value as set forth in subsection (1)(b) of section 18-2407, Idaho Code, shall be guilty of a felony.

(2) If the value of the livestock is less than that set forth in subsection (1)(b) of section 18-2407, Idaho Code, a violation of the provisions of this section shall be a misdemeanor.

(3) The provisions of this section shall not apply to any peace officer, veterinarian or officially designated animal control officer who, in the discharge of his official duties is called upon the scene of injured livestock and cannot contact the owner or caretaker of the injured animal within thirty (30) minutes, and he reasonably determines that the injured animal is suffering to such a degree that humane destruction is warranted, and he humanely destroys or causes the animal to be humanely destroyed.

History:

[[18-7037] 18-7038, added 1990, ch. 126, sec. 1, p. 297; am. and redesignated, 1991, ch. 102, sec. 1, p. 229.]
Idaho Code § 18-6803 — Idaho Code / Title 18 / Chapter 68 / Section 18-6803
18-6803 REMOVAL OR DESTRUCTION OF ELECTRIC TRANSMISSION LINES.
Status: in_force

18-6803. Removal or destruction of electric transmission lines. It shall be unlawful for anyone within the state of Idaho to take down, remove, injure, obstruct, displace or destroy, wilfully or maliciously and without the consent of the owner, any line erected or constructed for the transmission of electrical current, or any poles, wires, conduits, cables, insulators, or any support upon which wires or cables may be suspended, or any part of any such line or appurtenances or apparatus connected therewith, or to sever any wire or cable thereof, or in any manner to interrupt the transmission of electrical current over and along any such line, or to take down, remove, injure or destroy any house, shop, building or other structure, or appurtenances thereto, or any machinery connected therewith or necessary to the use of any line erected or constructed for the transmission of electrical current:

Provided, nothing in this section shall be construed to prevent any person, after having given ten days' written notice, from removing or causing to be removed from his premises, or premises occupied by him, any of the above described line or lines, wires, conduits, cables, insulators or apparatus connected therewith; provided further, any such removals must be made by or under the direction of a skillful and competent electrician.

History:

[18-6803, added 1972, ch. 336, sec. 1, p. 970.]
Idaho Code § 18-314 — Idaho Code / Title 18 / Chapter 3 / Section 18-314
18-314 PROPERTY OF CONVICT NOT FORFEITED.
Status: in_force

18-314. Property of convict not forfeited. No conviction of any person for crime works any forfeiture of any property, except in cases in which a forfeiture is expressly imposed by law; and all forfeitures to the people of this state, in the nature of a deodand, or where any person shall flee from justice, are abolished.

History:

[18-314, added 1972, ch. 336, sec. 1, p. 859.]
Idaho Code § 18-4619 — Idaho Code / Title 18 / Chapter 46 / Section 18-4619
18-4619 STEALING RIDES — VENUE OF ACTION.
Status: in_force

18-4619. Stealing rides — Venue of action. Any person charged with a violation of section 18-4617 may be tried in any county in this state through which such train carrying such person may pass, or in the county in which such violation may have occurred or may be discovered.

History:

[18-4619, added 1972, ch. 336, sec. 1, p. 940.]
Idaho Code § 18-6605 — Idaho Code / Title 18 / Chapter 66 / Section 18-6605
18-6605 VIDEO VOYEURISM.
Status: in_force

18-6605. video voyeurism. (1) As used in this section:

(a) "Broadcast" means the electronic transmittal of a visual image with the intent that it be viewed by a person or persons.

(b) "Disseminate" means to make available by any means to any person.

(c) "Imaging device" means any instrument capable of recording, storing, viewing or transmitting visual images.

(d) "Intimate areas" means the nude genitals, nude pubic area, nude buttocks or nude female nipple.

(e) "Person" means any natural person, corporation, partnership, firm, association, joint venture or any other recognized legal entity or any agent or servant thereof.

(f) "Place where a person has a reasonable expectation of privacy" means:

(i) A place where a reasonable person would believe that he could undress, be undressed or engage in sexual activity in privacy, without concern that he is being viewed, photographed, filmed or otherwise recorded by an imaging device; or

(ii) A place where a person might reasonably expect to be safe from casual or hostile surveillance by an imaging device; or

(iii) Any public place where a person, by taking reasonable steps to conceal intimate areas, should be free from the viewing, recording, storing or transmitting of images obtained by imaging devices designed to overcome the barriers created by a person's covering of intimate areas.

(g) "Publish" means to:

(i) Disseminate with the intent that such image or images be made available by any means to any person; or

(ii) Disseminate with the intent that such images be sold by another person; or

(iii) Post, present, display, exhibit, circulate, advertise or allow access by any means so as to make an image or images available to the public; or

(iv) Disseminate with the intent that an image or images be posted, presented, displayed, exhibited, circulated, advertised or made accessible by any means and to make such image or images available to the public.

(h) "Sell" means to disseminate to another person, or to publish, in exchange for something of value.

(i) "Sexual act" includes, but is not limited to, masturbation; genital, anal or oral sex; sexual penetration with an object; or the transfer or transmission of semen upon any part of the depicted person's body.

(2) A person is guilty of video voyeurism when, with the intent of arousing, appealing to or gratifying the lust or passions or sexual desires of such person or another person, or for his own or another person's lascivious entertainment or satisfaction of prurient interest, or for the purpose of sexually degrading or abusing any other person, he uses, installs or permits the use or installation of an imaging device at a place where a person would have a reasonable expectation of privacy, without the knowledge or consent of the person using such place.

(3) A person is guilty of video voyeurism when:

(a) With the intent to annoy, terrify, threaten, intimidate, harass, offend, humiliate or degrade, he intentionally disseminates, publishes or sells, or threatens or conspires to disseminate, publish or sell, any image of another person who is identifiable from the image itself or information displayed in connection with the image and whose intimate areas are exposed, in whole or in part, or who is engaged in a sexual act;

(b) He knew or reasonably should have known that the person depicted in the image understood that the image should remain private; and

(c) He knew or reasonably should have known that the person depicted in the image did not consent to the dissemination, publication or sale of the image.

(4) A violation of this section is a felony.

(5) This section does not apply to:

(a) An interactive computer service, as defined in 47 U.S.C. 230(f)(2), an information service, as defined in 47 U.S.C. 153 or a telecommunication service, as defined in section 61-121(2) or 62-603(13), Idaho Code, for content provided by another person, unless the provider intentionally aids or abets video voyeurism;

(b) Images involving voluntary exposure in public or commercial settings; or

(c) Disclosures made in the public interest including, but not limited to, the reporting of unlawful conduct or the lawful and common practices of law enforcement, criminal reporting, legal proceedings or medical treatment.

History:

[(18-6605) 18-6609, added 2004, ch. 122, sec. 1, p. 410; am. 2014, ch. 173, sec. 1, p. 477; am. 2018, ch. 256, sec. 1, p. 606; am. and redesig. 2022, ch. 124, sec. 9, p. 438; am. 2026, ch. 121, sec. 1, p. 602.]
Idaho Code § 18-4512 — Idaho Code / Title 18 / Chapter 45 / Section 18-4512
18-4512 MISSING PERSONS CLEARINGHOUSE.
Status: in_force

18-4512. Missing persons clearinghouse. (1) The Idaho state police shall establish a missing persons clearinghouse as a resource center of information and assistance regarding missing and unidentified persons.

(2) The director of the Idaho state police shall appoint a coordinator to manage appropriate programs for addressing the problem of missing persons, which may include the following:

(a) Collecting and maintaining computerized data and investigative information on missing and unidentified persons in Idaho;

(b) Establishing access to the national crime information center and to other sources of automated information;

(c) Distributing information to public and private nonprofit agencies that will assist in the location and recovery of missing persons;

(d) Operating a toll-free telephone hotline for accepting reports relating to missing persons;

(e) Publishing a directory of missing persons;

(f) Compiling statistics on missing persons cases handled and resolved each year;

(g) Developing and conducting training on issues relating to missing persons;

(h) Developing and distributing educational and other information regarding the prevention of abduction and sexual exploitation of children.

(3) The Idaho state police may accept gifts and grants from governmental agencies and private nonprofit organizations to achieve the purposes of the clearinghouse.

(4) The Idaho state police shall publish an annual report on the activities and achievements of the clearinghouse.

(5) The Idaho state police shall determine, by rule, the type and content of information to be collected by the clearinghouse and the manner of collecting and disseminating that information.

(6) The clearinghouse coordinator, in cooperation with the office of the superintendent of public instruction, shall develop a coordinated plan for the distribution of information to teachers and students in the school districts of the state regarding missing and runaway children. The superintendent of public instruction shall encourage local school districts to cooperate by providing the Idaho state police with information on any missing and runaway children that may be identified within the district.

History:

[18-4512 added 1996, ch. 367, sec. 1, p. 1238; am. 1999, ch. 12, sec. 2, p. 17; am. 2000, ch. 469, sec. 26, p. 1480.]
Idaho Code § 18-1103 — Idaho Code / Title 18 / Chapter 11 / Section 18-1103
18-1103 PUNISHMENT FOR BIGAMY.
Status: in_force

18-1103. Punishment for bigamy. Bigamy is punishable by fine not exceeding $2,000 and by imprisonment in the state prison not exceeding three (3) years.

History:

[18-1103, added 1972, ch. 336, sec. 1, p. 868.]
Idaho Code § 18-5702 — Idaho Code / Title 18 / Chapter 57 / Section 18-5702
18-5702 GRADING AND PUNISHMENT FOR MISUSE OF FUNDS.
Status: in_force

18-5702. Grading and punishment for misuse of funds. (1) Any public employee who is not charged with the receipt, safekeeping or disbursement of public moneys and who misuses public moneys in violation of section 18-5701, Idaho Code, is guilty of a misdemeanor punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding one (1) year, or by both, if the amount of public moneys misused is less than three hundred dollars ($300).

(2) Any public officer or public employee charged with the receipt, safekeeping or disbursement of public moneys, who misuses public moneys in violation of section 18-5701, Idaho Code, is guilty of a felony punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in the state prison for not more than five (5) years, or by both, if the amount of public moneys misused is less than three hundred dollars ($300).

(3) Except as otherwise provided in subsections (1) and (2) of this section, any public officer or public employee who misuses public moneys in violation of section 18-5701, Idaho Code, is guilty of a felony punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the state prison for not less than one (1) year nor more than fourteen (14) years, or by both.

(4) (a) When any series of violations of section 18-5701, Idaho Code, comprised of separate incidents of misuse of public moneys in amounts less than three hundred dollars ($300) are part of a common scheme or plan, the incidents may be aggregated in one (1) count and the sum of the value of all of the incidents shall be the value considered in determining whether the amount exceeds three hundred dollars ($300).

(b) Any public officer or public employee who pleads guilty to or is found guilty of a violation of section 18-5701, Idaho Code, more than one (1) time, irrespective of the form of the judgment(s) or withheld judgment(s), and who would otherwise be subject to a lesser punishment under subsection (1) or (2) of this section is guilty of a felony punishable as provided in subsection (3) of this section.

(5) In addition to any penalty imposed in this section, any public officer or public employee who pleads guilty to or is found guilty of a violation of section 18-5701, Idaho Code, irrespective of the form of the judgment(s) or withheld judgment(s) shall:

(a) Be terminated for cause from the public office or employment subject to any procedures applicable to such termination; and

(b) Make restitution of any public moneys misused, and any profits made therefrom, as ordered by the court; and

(c) Notwithstanding section 18-310, Idaho Code, and except as otherwise provided by law, be disqualified from holding any position as a public officer or public employee if such position is charged with the receipt, safekeeping or disbursement of public moneys; and

(d) In the discretion of the court, and unless otherwise prohibited by law, be ordered to apply for distribution of any retirement moneys held by any entity on behalf of the person, in order that such moneys shall be used to make restitution to the public entity or its insurer, unless other funds are otherwise available.

History:

[18-5702, added 1972, ch. 336, sec. 1, p. 954; am. 2008, ch. 56, sec. 2, p. 144; am. 2008, ch. 238, sec. 1, p. 718.]
Idaho Code § 18-2418 — Idaho Code / Title 18 / Chapter 24 / Section 18-2418
18-2418 PROHIBITED SALES — CERTAIN MERCHANDISE.
Status: in_force

18-2418. Prohibited sales — Certain merchandise. (1) It is a violation of the unused merchandise ownership protection act for a vendor of unused merchandise to sell or offer for sale any baby food or infant formula, cosmetic, drug or medical device at an open market without displaying a written valid authorization from the manufacturer or distributor of the merchandise. The authorization shall identify the vendor of unused merchandise and shall specify the merchandise that the vendor is authorized to sell.

(2) As used in this section:

(a) "Baby food or infant formula" means unused merchandise consisting of a food product manufactured, packaged and labeled specifically for consumption by a child less than two (2) years of age;

(b) "Cosmetic" means unused merchandise, other than soap, that is:

(i) Intended to be rubbed, poured, sprinkled or sprayed on, introduced into or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness or altering the appearance; or

(ii) Intended for use as a component of any articles enumerated in subparagraph (i) of this paragraph;

(c) "Drug" means unused merchandise, other than food, that:

(i) Is recognized in an official compendium;

(ii) Affects the structure or any function of the body of man or other animals; or

(iii) Is intended for use as a component of subparagraph (i) or (ii) of this paragraph, but does not include medical devices or their component parts or accessories;

(d) "Medical device" means unused merchandise that is an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent or other similar or related article, including any component, part or accessory, and that is:

(i) Recognized in an official compendium;

(ii) Intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment or prevention of disease, in man or other animals; or

(iii) Intended to affect the structure or function of the body of man or other animals and which does not achieve its principal intended purposes through chemical action within or on the body of man or other animals and which is not dependent upon being metabolized for achievement of its principal intended purposes; and

(e) "Official compendium" means the official United States pharmacopoeia national formulary or the official homeopathic pharmacopoeia of the United States or any supplement to either of them.

History:

[18-2418, added 2000, ch. 130, sec. 1, p. 306.]
Idaho Code § 18-4902 — Idaho Code / Title 18 / Chapter 49 / Section 18-4902
18-4902 ENGAGING IN LOTTERY.
Status: in_force

18-4902. Engaging in lottery. Every person who contrives, prepares, sets up, proposes, or draws any lottery is guilty of a misdemeanor.

History:

[18-4902, added 1972, ch. 336, sec. 1, p. 945.]
Idaho Code § 18-4506 — Idaho Code / Title 18 / Chapter 45 / Section 18-4506
18-4506 CHILD CUSTODY INTERFERENCE DEFINED — DEFENSES — PUNISHMENT.
Status: in_force

18-4506. Child custody interference defined — Defenses — Punishment. 1. A person commits child custody interference if the person, whether a parent or other, or agent of that person, intentionally and without lawful authority:

(a) Takes, entices away, keeps or withholds any minor child from a parent or another person or institution having custody, joint custody, visitation or other parental rights, whether such rights arise from temporary or permanent custody order, or from the equal custodial rights of each parent in the absence of a custody order; or

(b) Takes, entices away, keeps or withholds a minor child from a parent after commencement of an action relating to child visitation or custody but prior to the issuance of an order determining custody or visitation rights.

2. It shall be an affirmative defense to a violation of the provisions of subsection 1. of this section that:

(a) The action is taken to protect the child from imminent physical harm;

(b) The action is taken by a parent fleeing from imminent physical harm to himself;

(c) The action is consented to by the lawful custodian of the child; or

(d) The child is returned within twenty-four (24) hours after expiration of an authorized visitation privilege.

3. A violation of the provisions of subsection 1. of this section shall be a felony, unless the defendant did not take the child outside the state, and the child was voluntarily returned unharmed prior to the defendant's arrest in which case the violation shall be reduced to a misdemeanor.

4. Any reasonable expenses incurred by a lawful custodian in locating or attempting to locate a child taken in violation of the provisions of subsection 1. of this section may be assessed against the defendant at the court's discretion in accordance with chapter 53, title 19, Idaho Code.

History:

[18-4506, added 1987, ch. 88, sec. 1, p. 168.]
Idaho Code § 18-3603 — Idaho Code / Title 18 / Chapter 36 / Section 18-3603
18-3603 PUBLIC SEALS — FORGING OR COUNTERFEITING.
Status: in_force

18-3603. Public seals — Forging or counterfeiting. Every person who, with intent to defraud another, forges, or counterfeits the seal of this state, the seal of any public officer authorized by law, the seal of any court of record, or the seal of any corporation, or any other public seal authorized or recognized by the laws of this state, or of any other state, or territory, government, or country, or who falsely makes, forges or counterfeits any impression purporting to be an impression of any such seal, or who has in his possession any such counterfeited seal or impression thereof, knowing it to be counterfeited, and wilfully conceals the same, is guilty of forgery.

History:

[18-3603, added 1972, ch. 336, sec. 1, p. 917.]
Idaho Code § 18-4111 — Idaho Code / Title 18 / Chapter 41 / Section 18-4111
18-4111 SEARCH WARRANT FOR SEIZURE OF OBSCENE MATERIAL.
Status: in_force

18-4111. Search warrant for seizure of obscene material. (A) An affidavit for a search warrant shall be filed with the magistrate describing the matter sought to be seized in detail. Where practical, the matter alleged to be obscene shall be attached to the affidavit for search warrant so as to afford the magistrate the opportunity to examine such material.

(B) Upon the filing of an affidavit for a search warrant, the magistrate shall determine, by examination of the matter sought to be seized, if attached, by an examination of the affidavit describing the matter, or by such other manner or means that he deems necessary, if probable cause exists to believe that the matter is obscene and that probable cause exists for the immediate issuance of a search warrant. Upon making such determination, he shall issue a search warrant ordering the seizure of the matter described in the affidavit for a search warrant according to the provisions of Idaho criminal rules of procedure.

(C) In the event that a search warrant is issued and matter alleged to be obscene is seized under the provisions of this section, any person alleged to be in possession of the said matter or claiming ownership of the matter at the time of its possession or seizure may file a notice in writing with the magistrate within ten (10) days of the date of the seizure alleging that the matter is not obscene and the magistrate shall set a hearing within one (1) day after request therefore, or at such time as the requesting party might agree, and at such hearing evidence may be presented as to the obscenity or nonobscenity of the matter seized and at the conclusion of such hearing, the magistrate shall make a further determination of whether probable cause exists to believe that the matter is obscene or nonobscene. A decision as to whether there is probable cause to believe the seized material to be obscene shall be rendered by the court within two (2) days of the conclusion of said hearing. If at such hearing the magistrate finds that no probable cause exists to believe that the matter is obscene, then the matter shall be returned to the person or persons from whom it was seized.

(D) If a motion to suppress the evidence is granted on the grounds of an unlawful seizure, the property shall be restored unless it is subject to confiscation as contraband, as provided for in section 18-4112, Idaho Code, in which case it shall not be returned.

(E) When a search warrant is issued under the provisions of this section, only that matter described in the complaint shall be seized by the executing peace officer or officers.

(F) Procedures under this section for the seizure of allegedly obscene matter shall be cumulative of all other lawful means of obtaining evidence as provided by the laws of this state. Nothing contained in this section shall prevent the obtaining of alleged obscene matter by purchase or under injunction proceedings as authorized by this act or by any other statute of the state of Idaho.

History:

[18-4111, added 1976, ch. 81, sec. 11, p. 265.]
Idaho Code § 18-6606 — Idaho Code / Title 18 / Chapter 66 / Section 18-6606
18-6606 DISCLOSING EXPLICIT SYNTHETIC MEDIA.
Status: in_force

18-6606. DISCLOSING EXPLICIT SYNTHETIC MEDIA. (1) A person is guilty of disclosing explicit synthetic media when the person knowingly:

(a) Discloses explicit synthetic media and knows or reasonably should know that:

(i) An identifiable person portrayed in whole or in part in the explicit synthetic media did not consent to such disclosure; and

(ii) Disclosure of the explicit synthetic media would cause the identifiable person substantial emotional distress;

(b) Discloses explicit synthetic media with the intent to annoy, terrify, threaten, intimidate, harass, offend, humiliate, or degrade an identifiable person portrayed in whole or in part in the explicit synthetic media; or

(c) Possesses and threatens to disclose explicit synthetic media with the intent to obtain money or other valuable consideration from an identifiable person portrayed in whole or in part in the explicit synthetic media.

(2) A person who violates subsection (1) of this section is guilty of a misdemeanor unless such person is guilty of a felony as provided in subsection (3) of this section.

(3) A person who violates subsection (1) of this section when the identifiable person is under eighteen (18) years of age or when the person was previously found guilty of a violation of this section or a similar statute in another state or any local jurisdiction within the past five (5) years, notwithstanding the form of the judgment or withheld judgment, is guilty of a felony punishable by imprisonment for a period no more than ten (10) years, or by a fine of no more than twenty-five thousand dollars ($25,000), or by both such fine and imprisonment.

(4) As used in this section:

(a) "Disclose" means to make available by any means to any person.

(b) "Explicit synthetic media" means synthetic media that depicts or appears to depict:

(i) An identifiable individual engaged in sexual conduct;

(ii) The intimate parts of another individual or artificially generated intimate parts presented as the intimate parts of an identifiable individual; or

(iii) The display or transfer of sexual bodily fluids onto any part of the body of an identifiable individual or from the body of an identifiable individual.

(c) "Identifiable individual" means a person who is portrayed in whole or in part in synthetic media and who is recognizable by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature.

(d) "Intimate parts" means the nude genitals, pubic area, anus, or postpubescent female nipple.

(e) "Realistically" means that the synthetic media is sufficiently convincing such that an ordinary person viewing the synthetic media would conclude that it is an actual image or video of the identifiable person but does not include drawings, cartoons, or paintings.

(f) "Sexual conduct" means actual or simulated sexual intercourse, oral-genital contact, manual genital contact, genital-anal contact, oral-anal contact, or other physical-genital contact.

(g) "Synthetic media" means any image or video created or altered using technical means, such as artificial intelligence, to realistically misrepresent an identifiable individual as engaging in conduct in which the identifiable individual did not engage.

(h) "Valuable consideration" includes but is not limited to sexually explicit images or video from the identifiable individual portrayed in the synthetic media.

(5) Subsection (1)(a) of this section shall not apply when:

(a) The disclosure is made for the purpose of a criminal investigation or prosecution that is otherwise lawful;

(b) The disclosure is for the purpose of, or in connection with, the reporting of unlawful conduct;

(c) The explicit synthetic media relates to a matter of public interest and disclosure serves a lawful public purpose, provided that explicit synthetic media does not relate to a matter of public interest merely because a public figure is portrayed in the explicit synthetic media;

(d) The disclosure is for legitimate scientific research or educational purposes; or

(e) The disclosure is made in the normal course of civil legal proceedings and consistent with common practice or is protected by court order that prohibits further dissemination.

(6) The provisions of this section shall not apply to an interactive computer service, as defined in 47 U.S.C. 230(f)(2); an information service, as defined in 47 U.S.C. 153; or a telecommunication service, as defined in section 61-121(2) or 62-603(13), Idaho Code, for content provided by another person, unless the provider intentionally aids or abets disclosing explicit synthetic media.

(7) If any provision of this section or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this section that can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable.

History:

[18-6606, added 2024, ch. 105, sec. 1, p. 472; am. 2026, ch. 121, sec. 2, p. 603.]
Idaho Code § 18-4621 — Idaho Code / Title 18 / Chapter 46 / Section 18-4621
18-4621 STEALING ELECTRIC CURRENT — TAMPERING WITH METERS.
Status: in_force

18-4621. Stealing electric current — Tampering with meters. Whoever shall without permission or authority of any person, firm or corporation engaged in the generation or distribution of electricity, make connections, or cause connections to be made, by wire or wires or by any other device, with the wires, cables or conductors, or any of them, of any such person, firm or corporation, for the purpose of obtaining or diverting electric current from such wires, cables or conductors; or whoever shall, without permission or authority from any person, firm or corporation using any meter or meters erected or set up for the purpose of registering or recording the amount of electric current supplied to any customer of such person, firm or corporation within this state, connect or cause to be connected by wire or any other device, any such meter or meters, or change or shunt the wiring leading to or from any such meter or meters, or by any device or appliance or means whatsoever tamper with any such meter or meters in such manner that such meter or meters do not measure or record the full amount of electric current supplied to such customer, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail for a term not exceeding six (6) months, or by both such fine and imprisonment: provided, that nothing herein contained shall be deemed to affect the right of any person, firm or corporation to recover by action in any court of competent jurisdiction damages for any injury done by such unlawful acts.

History:

[18-4621, added 1972, ch. 336, sec. 1, p. 940; am. 2005, ch. 359, sec. 8, p. 1135.]
Idaho Code § 18-4104 — Idaho Code / Title 18 / Chapter 41 / Section 18-4104
18-4104 PARTICIPATION IN, OR PRODUCTION OR PRESENTATION OF, OBSCENE LIVE CONDUCT IN PUBLIC PLACE — PENALTY.
Status: in_force

18-4104. Participation in, or production or presentation of, obscene live conduct in public place — Penalty. (A) Every person who knowingly engages or participates in, manages, produces, sponsors, presents, or exhibits obscene live conduct to or before an assembly or audience consisting of at least one (1) person or spectator in any public place, or in any place exposed to public view, or in any place open to the public or to a segment thereof, whether or not an admission fee is charged, or whether or not attendance is conditioned upon the presentation of a membership card or other token, is guilty of a misdemeanor.

(B) Every person who procures, counsels, or assists any person to engage in such conduct, or who knowingly exhibits, or procures, counsels, or assists in the exhibition of a motion picture, television production, or other mechanical reproduction containing such conduct, is guilty of a misdemeanor.

History:

[I.C., sec. 18-4104, as added by 1973, ch. 305, sec. 7, p. 655; am. 1976, ch. 81, sec. 5, p. 263.]
Idaho Code § 18-6714 — Idaho Code / Title 18 / Chapter 67 / Section 18-6714
18-6714 AIDING THE AVOIDANCE OF TELECOMMUNICATIONS CHARGES.
Status: in_force

18-6714. Aiding the avoidance of telecommunications charges. (1) A person commits the offense of aiding the avoidance of telecommunications charges when he:

(a) Publishes the number or code of an existing, canceled, revoked, expired, or nonexistent credit card or the numbering or coding which is employed in the issuance of credit cards with the purpose that it will be used to avoid the payment of lawful telecommunications charges; or

(b) Publishes, advertises, sells, gives, or otherwise transfers to another plans or instructions for the making or assembling of any apparatus, instrument, equipment, or device described in section 18-6713, Idaho Code, with the purpose that such will be used or with the knowledge or reason to believe that such will be used to avoid the payment of lawful telecommunications charges.

(2) A person convicted of the offense of aiding the avoidance of telecommunications charges shall be punished according to the provisions of section 18-6713, Idaho Code.

(3) For the purposes of this section, the term "publish" means to communicate information to any one or more persons either orally; in person; by telephone, radio, or television; or in a writing of any kind.

History:

[18-6714, added 1980, ch. 326, sec. 2, p. 843; am. 1997, ch. 144, sec. 2, p. 419.]
Idaho Code § 18-8805 — Idaho Code / Title 18 / Chapter 88 / Section 18-8805
18-8805 PENALTIES FOR VIOLATIONS — EFFECTIVE UPON A CERTAIN OCCURRENCE.
Status: in_force

18-8805. penalties for violations — Effective upon a certain occurrence. (1) This section shall become effective thirty (30) days following the issuance of the judgment in any United States appellate court case in which the appellate court upholds a restriction or ban on abortion for a preborn child because a detectable heartbeat is present on the grounds that such restriction or ban does not violate the United States constitution.

(2) Every licensed health care professional who knowingly or recklessly performs or induces an abortion in violation of this chapter commits the crime of criminal abortion. Criminal abortion shall be a felony punishable by a sentence of imprisonment of no less than two (2) years and no more than five (5) years in prison.

(3) The professional license of any health care professional who performs or induces an abortion or who assists in performing or inducing an abortion in violation of this chapter shall be suspended by the appropriate licensing board for a minimum of six (6) months upon a first offense and shall be permanently revoked upon a subsequent offense.

(4) Nothing in this section shall be construed to conflict with the effectiveness of section 18-622, Idaho Code, following the occurrence of the circumstances described in that section. In the event both this section and section 18-622, Idaho Code, are enforceable, section 18-622, Idaho Code, shall supersede this section.

History:

[(18-8805) 18-8705, added 2021, ch. 289, sec. 1, p. 868; am. and redesig. 2022, ch. 111, sec. 10, p. 373; am. and redesig. 2022, ch. 152, sec. 4, p. 534, effective August 19, 2022.]
Idaho Code § 18-1912 — Idaho Code / Title 18 / Chapter 19 / Section 18-1912
18-1912 DIRECTOR DEFINED.
Status: in_force

18-1912. Director defined. The term "director" as used in this chapter embraces any of the persons having by law the direction or management of the affairs of a corporation, by whatever name such persons are described in its charter or known by law.

History:

[18-1912, added 1972, ch. 336, sec. 1, p. 882.]
Idaho Code § 18-7707 — Idaho Code / Title 18 / Chapter 77 / Section 18-7707
18-7707 UNENFORCEABILITY OF WAIVER PROVISION.
Status: in_force

18-7707. Unenforceability of Waiver Provision. Any provision of an invitation to bid or a license agreement that waives any of the prohibitions of or fails to comply with this act is void and unenforceable.

History:

[18-7707, added 1979, ch. 119, sec. 7, p. 369]
Idaho Code § 18-4015 — Idaho Code / Title 18 / Chapter 40 / Section 18-4015
18-4015 ASSAULT WITH INTENT TO MURDER.
Status: in_force

18-4015. Assault with intent to murder. Every person who assaults another with intent to commit murder, is punishable by imprisonment in the state prison not less than one (1) nor more than fourteen (14) years.

History:

[18-4015, added 1972, ch. 336, sec. 1, p. 931.]
Idaho Code § 18-3601 — Idaho Code / Title 18 / Chapter 36 / Section 18-3601
18-3601 FORGERY DEFINED.
Status: in_force

18-3601. Forgery defined. Every person who, with intent to defraud another, falsely makes, alters, forges or counterfeits, any charter, letters, patent, deed lease, indenture, writing obligatory, will, testament, codicil, annuity, bond, covenant, bank bill or note, federal reserve note, United States currency or United States money, post note, check, draft, bill of exchange, contract, promissory note, due bill for the payment of money or property, receipt for money or property, passage ticket, power of attorney, or any certificate of any share, right, or interest in the stock of any corporation or association, or any state controller's warrant for the payment of money at the treasury, county order or warrant, or request for the payment of money, or the delivery of goods or chattels of any kind, or for the delivery of any instrument of writing or acquittance, release, or receipt for money or goods, or any acquittance, release, or discharge for any debt, account, suit action demand, or other thing, real or personal, or any transfer or assurance of money, certificates of shares of stock, goods, chattels, or other property whatever, or any letter of attorney, or other power to receive money, or to receive or transfer certificates of shares of stock or annuities, or to let, lease, dispose of, alien, or convey any goods, chattels, lands or tenements, or other estate, real or personal, or any acceptance or endorsement of any bill of exchange, promissory note, draft, order, or assignment of any bond, writing obligatory, or promissory note for money or other property, or counterfeits or forges the seal or handwriting of another; or utters, publishes, passes, or attempts to pass, as true and genuine any of the above named false, altered, forged or counterfeited matters, as above specified and described, knowing the same to be false, altered, forged, or counterfeited, with intent to prejudice, damage, or defraud any person; or who, with intent to defraud, alters, corrupts or falsifies any record of any will, codicil, conveyance, or other instrument, the record of which is by law evidence, or any record of any judgment of a court, or the return of any officer to any process of any court, is guilty of forgery.

History:

[18-3601, added 1972, ch. 336, sec. 1, p. 916; am. 1994, ch. 180, sec. 10, p. 428; am. 2004, ch. 49, sec. 1, p. 234.]
Idaho Code § 18-611 — Idaho Code / Title 18 / Chapter 6 / Section 18-611
18-611 FREEDOM OF CONSCIENCE FOR HEALTH CARE PROFESSIONALS.
Status: in_force

18-611. FREEDOM OF CONSCIENCE FOR HEALTH CARE PROFESSIONALS. (1) As used in this section:

(a) "Abortifacient" means any drug that causes an abortion as defined in section 18-604, Idaho Code, emergency contraception or any drug the primary purpose of which is to cause the destruction of an embryo or fetus.

(b) "Conscience" means the religious, moral or ethical principles sincerely held by any person.

(c) "Embryo" means the developing human life from fertilization until the end of the eighth week of gestation.

(d) "Fetus" means the developing human life from the start of the ninth week of gestation until birth.

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

(f) "Health care service" means an abortion, dispensation of an abortifacient drug, human embryonic stem cell research, treatment regimens utilizing human embryonic stem cells, human embryo cloning or end of life treatment and care.

(g) "Provide" means to counsel, advise, perform, dispense, assist in or refer for any health care service.

(h) "Religious, moral or ethical principles," "sincerely held," "reasonably accommodate" and "undue hardship" shall be construed consistently with title VII of the federal civil rights act of 1964, as amended.

(2) No health care professional shall be required to provide any health care service that violates his or her conscience.

(3) Employers of health care professionals shall reasonably accommodate the conscience rights of their employees as provided in this section, upon advanced written notification by the employee. Such notice shall suffice without specification of the reason therefor. It shall be unlawful for any employer to discriminate against any health care professional based upon his or her declining to provide a health care service that violates his or her conscience, unless the employer can demonstrate that such accommodation poses an undue hardship.

(4) No health care professional or employer of the health care professional shall be civilly, criminally or administratively liable for the health care professional declining to provide health care services that violate his or her conscience, except for life-threatening situations as provided for in subsection (6) of this section.

(5) The provisions of this section do not allow a health care professional or employer of the health care professional to refuse to provide health care services because of a patient's race, color, religion, sex, age, disability or national origin.

(6) If a health care professional invokes a conscience right in a life-threatening situation where no other health care professional capable of treating the emergency is available, such health care professional shall provide treatment and care until an alternate health care professional capable of treating the emergency is found.

(7) In cases where a living will or physician's orders for scope of treatment (POST) is operative, as defined by the medical consent and natural death act, and a physician has a conscience objection to the treatment desired by the patient, the physician shall comply with the provisions of section 39-4513(2), Idaho Code, before withdrawing care and treatment to the patient.

(8) Nothing in this section shall affect the rights of conscience provided for in section 18-612, Idaho Code, to the extent that those rights are broader in scope than those provided for in this section.

History:

[18-611, added 2010, ch. 127, sec. 1, p. 273; am. 2011, ch. 225, sec. 1, p. 612.]
Idaho Code § 18-2322 — Idaho Code / Title 18 / Chapter 23 / Section 18-2322
18-2322 ILLEGAL REGISTRATION BY VOTER.
Status: in_force

18-2322. Illegal registration by voter. Any person who shall willfully cause, or endeavor to cause, his name to be registered in any other election district than that in which he resides, or will reside prior to the day of the next ensuing election, except as herein otherwise provided, and any person who shall cause, or endeavor to cause, his name to be registered, knowing that he is not a qualified elector, and will not be a qualified elector on or before the day of the next ensuing election, in the election district in which he causes or endeavors to cause such registry to be made, and any person who shall induce, aid or abet anyone in the commission of either of the acts in this section enumerated and described, shall be fined not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000), or be confined in the county jail for not less than one (1) month nor more than six (6) months, or both.

History:

[18-2322, added 1972, ch. 336, sec. 1, p. 893; am. 2006, ch. 71, sec. 6, p. 218.]
Idaho Code § 18-8617 — Idaho Code / Title 18 / Chapter 86 / Section 18-8617
18-8617 REAL PROPERTY — RIGHTS OF THIRD PARTIES.
Status: in_force

18-8617. real PROPERTY — RIGHTS OF THIRD PARTIES. (1) Real property subject to forfeiture under the provisions of this chapter may be seized by the attorney general or appropriate prosecuting attorney upon determining that a parcel of property is subject to forfeiture by filing a notice of seizure with the recorder of the county in which the property or any part thereof is situated. The notice must contain a legal description of the property sought to be forfeited; provided, however, that in the event the property sought to be forfeited is part of a greater parcel, the attorney general or appropriate prosecuting attorney may, for the purposes of the notice, use the legal description of the greater parcel. The attorney general or appropriate prosecuting attorney shall also send by certified mail a copy of the notice of seizure to any persons holding a recorded interest or of whose interest the attorney general or appropriate prosecuting attorney has actual knowledge. The attorney general or appropriate prosecuting attorney shall post a similar copy of the notice conspicuously on the property and publish a copy thereof once a week for three (3) consecutive weeks immediately following the seizure in a newspaper published in the county. The co-owner or party in lawful possession of the property sought to be forfeited may retain possession and use thereof and may collect and keep income from the property while the forfeiture proceedings are pending.

(2) In the event of a seizure pursuant to subsection (1) of this section, a request for forfeiture shall be filed with the trial court within the time limit imposed by section 18-8613, Idaho Code. The request shall be served in the same manner as complaints subject to Idaho rules of civil procedure on all persons having an interest in the real property sought to be forfeited.

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

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

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

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

(b) Any co-owner who has a verified answer on file may show by competent evidence that his interest in the property sought to be forfeited is not subject to forfeiture because he could not have known in the exercise of reasonable diligence that the real property was being used or had been used in any manner in violation of the provisions of section 18-8611, Idaho Code.

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

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

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

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

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

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

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

History:

[18-8617, added 2024, ch. 147, sec. 38, p. 573.]
Idaho Code § 18-4114 — Idaho Code / Title 18 / Chapter 41 / Section 18-4114
18-4114 ENFORCEMENT BY INJUNCTION, ETC.
Status: in_force

18-4114. Enforcement by injunction, etc. The district courts of this state and the judges thereof shall have full power, authority, and jurisdiction, upon application by any county prosecutor or city attorney within their respective jurisdictions, or the attorney general, to issue any and all proper restraining orders, temporary and permanent injunctions, and any other writs and processes appropriate to carry out and enforce the provisions of this act. Such restraining orders or injunctions may issue to prevent any person from violating any of the provisions of this act, in addition to those powers provided under title 52 of tthe Idaho Code. However, no restraining order or injunction shall issue except upon notice to the person sought to be enjoined. Such person shall be entitled to a trial of the issues within one (1) day after filing of an answer to the complaint and a decision shall be rendered by the court within two (2) days of the conclusion of the trial. In the event that a final order or judgment of injunction be entered against the person sought to be enjoined, such final order or judgment shall contain a provision directing the person to surrender to the sheriff of the county in which the action was brought any obscene matter in his possession which is subject to such injunction and such sheriff shall be directed to seize and destroy such matter.

History:

[I.C., sec. 18-4114, as added by 1973, ch. 305, sec. 17, p. 655; am. 1976, ch. 81, sec. 14, p. 266.]
Idaho Code § 18-302 — Idaho Code / Title 18 / Chapter 3 / Section 18-302
18-302 PUNISHMENT FOR ACTS ALSO PUNISHABLE AS CONTEMPTS.
Status: in_force

18-302. Punishment for acts also punishable as contempts. A criminal act is not the less punishable as a crime because it is also declared to be punishable as a contempt.

History:

[18-302, added 1972, ch. 336, sec. 1, p. 856.]
Idaho Code § 18-4808 — Idaho Code / Title 18 / Chapter 48 / Section 18-4808
18-4808 LIMITATION ON PRIVILEGE IN REPORTING PUBLIC PROCEEDINGS.
Status: in_force

18-4808. Limitation on privilege in reporting public proceedings. Libelous remarks or comments connected with matter privileged by the last section receive no privilege by reason of their being so connected.

History:

[18-4808, added 1972, ch. 336, sec. 1, p. 945.]
Idaho Code § 18-109 — Idaho Code / Title 18 / Chapter 1 / Section 18-109
18-109 DEFINITION OF CRIME.
Status: in_force

18-109. Definition of crime. A crime or public offense is an act committed or omitted in violation of a law forbidding or commanding it, and to which is annexed, upon conviction, either of the following punishments:

1. Death.

2. Imprisonment.

3. Fine.

4. Removal from office; or

5. Disqualification to hold and enjoy any office of honor, trust or profit in this state.

History:

[18-109, added 1972, ch. 336, sec. 1, p. 848.]
Idaho Code § 18-7705 — Idaho Code / Title 18 / Chapter 77 / Section 18-7705
18-7705 AVAILABILITY OF INFORMATION ON TRADE SCREENING.
Status: in_force

18-7705. Availability of Information on Trade Screening. If bids are solicited from exhibitors for the purpose of entering into a license agreement, the bid shall include in the invitation to bid the date, time and location of the trade screening of the motion picture that is the subject of the invitation to bid.

History:

[18-7705, added 1979, ch. 119, sec. 5, p. 369]
Idaho Code § 18-4306 — Idaho Code / Title 18 / Chapter 43 / Section 18-4306
18-4306 INJURIES TO DITCHES, CANALS, LATERALS, DRAINS AND APPURTENANCES.
Status: in_force

18-4306. Injuries to ditches, canals, laterals, drains and appurtenances. Any person or persons, who shall willfully cut, break, damage, or in any way interfere with any ditch, canal, lateral, drain, headgate, or any other works in or appurtenant thereto, the property of another person, irrigation district, drainage district, canal company, corporation, or association of persons, and whereby water is conducted to any place for beneficial use or purposes, and when said canal, headgate, ditch, lateral, drain, dam, or appurtenance is being used or is to be used for said conduct or drainage of water, shall be guilty of a misdemeanor.

History:

[18-4306, added 1972, ch. 336, sec. 1, p. 934; am. 2002, ch. 115, sec. 2, p. 327.]
Idaho Code § 18-1354 — Idaho Code / Title 18 / Chapter 13 / Section 18-1354
18-1354 COMPENSATION FOR PAST OFFICIAL BEHAVIOR.
Status: in_force

18-1354. Compensation for past official behavior. A person commits a misdemeanor if he solicits, accepts, or agrees to accept any pecuniary benefit as compensation for having as public servant, given a decision, opinion, recommendation or vote favorable to another, or for having otherwise exercised a discretion in his favor, or for having violated his duty. A person commits a misdemeanor if he offers, confers or agrees to confer, compensation, acceptance of which is prohibited by this section.

History:

[18-1354, added 1972, ch. 381, sec. 20, p. 1102.]
Idaho Code § 18-3313 — Idaho Code / Title 18 / Chapter 33 / Section 18-3313
18-3313 FALSE REPORTS OF EXPLOSIVES IN PUBLIC OR PRIVATE PLACES A FELONY — PENALTY.
Status: in_force

18-3313. False reports of explosives in public or private places a felony — Penalty. Any person who reports, or causes any report to be made, to any police officer, sheriff, employee of a police department or sheriff's office, employee of a 911 emergency communications system or emergency vehicle dispatch center, employee of a fire department or fire service, prosecuting attorney, newspaper, radio station, television station, deputy sheriff, deputy prosecuting attorney, member of the state police, employee of an airline, employee of an airport, employee of a railroad or bus line, employee of a telephone company, occupants of a building, employee of a school district, or news reporter in the employ of a newspaper or radio or television station that a bomb or other explosive has been placed or secreted in a public or private place knowing that such report is false is guilty of a felony, and upon conviction thereof, shall be sentenced to a term of not to exceed five (5) years in the state penitentiary.

History:

[18-3313, added 1972, ch. 336, sec. 1, p. 913; am. 2006, ch. 46, sec. 1, p. 135; am. 2025, ch. 32, sec. 2, p. 168.]
Idaho Code § 18-2311 — Idaho Code / Title 18 / Chapter 23 / Section 18-2311
18-2311 ADDING TO OR SUBTRACTING FROM VOTES.
Status: in_force

18-2311. Adding to or subtracting from votes. Every person who wilfully adds to or subtracts from the votes actually cast at an election in any returns, or who alters such returns, is guilty of a felony.

History:

[I.C., sec. 18-2311, as added by 1972, ch. 336, sec. 1, p. 891.]
Idaho Code § 18-6015 — Idaho Code / Title 18 / Chapter 60 / Section 18-6015
18-6015 PROHIBITION ON DISPOSAL OF HUMAN BODY WASTE FROM PASSENGER TRAINS.
Status: in_force

18-6015. Prohibition on disposal of human body waste from passenger trains. (1) As used in this section:

(a) "Human body waste" means excrement, feces or other waste material discharged from the human body.

(b) "Passenger train" means any train operated by a railroad company or corporation or operated by an entity created by federal law, for the primary purpose of transporting passengers.

(c) "Person" means an individual, trust, firm, joint stock company, corporation, partnership, association, state, state or federal agency or entity, city, commission, or political subdivision of a state.

(2) No person operating or controlling any passenger train through or within this state may knowingly and openly place, throw, release, discharge, or deposit human body waste from a passenger train upon the right-of-way over which it operates.

(3) Any person who violates any provision of this section is guilty of a misdemeanor.

(4) The department of environmental quality and the public health districts shall enforce the provisions of this section.

History:

[18-6015, added 1990, ch. 189, sec. 1, p. 419; am. 2001, ch. 103, sec. 3, p. 260.]
Idaho Code § 18-7701 — Idaho Code / Title 18 / Chapter 77 / Section 18-7701
18-7701 SHORT TITLE.
Status: in_force

18-7701. Short Title. This act shall be known and may be cited as the "Motion Picture Fair Bidding Act."

History:

[18-7701, added 1979, ch. 119, sec. 1, p. 368]
Idaho Code § 18-1355 — Idaho Code / Title 18 / Chapter 13 / Section 18-1355
18-1355 RETALIATION FOR PAST OFFICIAL ACTION.
Status: in_force

18-1355. Retaliation for past official action. A person commits a misdemeanor if he harms another by any unlawful acts in retaliation for anything lawfully done by the latter in the capacity of public servant.

History:

[18-1355, added 1972, ch. 381, sec. 20, p. 1102.]
Idaho Code § 18-3313A — Idaho Code / Title 18 / Chapter 33 / Section 18-3313A
18-3313A FALSE REPORTS OF VIOLENCE OR EMERGENCY IN PUBLIC OR PRIVATE PLACES — PENALTY.
Status: in_force

18-3313A. FALSE REPORTS OF VIOLENCE OR EMERGENCY IN PUBLIC OR PRIVATE PLACES — PENALTY. (1) Excluding explosives as set forth in section 18-3313, Idaho Code, any person who reports, or causes any report to be made, to any police officer, sheriff, employee of a police department or sheriff's office, employee of a 911 communications system or emergency vehicle dispatch center, employee of a fire department or fire service, prosecuting attorney, newspaper, radio station, television station, deputy sheriff, deputy prosecuting attorney, member of the state police, employee of an airline, employee of an airport, employee of a railroad or bus line, employee of a telephone company, occupants of a building, employee of a school district, or news reporter in the employ of a newspaper or radio or television station that an emergency exists in a public or private place, knowing that the report is false, is guilty of a misdemeanor and shall be sentenced to a term of imprisonment not to exceed one (1) year or a fine of no more than five thousand dollars ($5,000), or both.

(2) A person is guilty of a felony and shall be sentenced to a term of imprisonment not to exceed five (5) years or a fine of no more than twenty-five thousand dollars ($25,000), or both, if:

(a) The damages caused by a violation of this section exceed one thousand dollars ($1,000); or

(b) Any person suffers great bodily harm, permanent disfigurement, or permanent disability due to a violation of this section.

(3) A person is guilty of a felony and shall be sentenced to a term of imprisonment not to exceed ten (10) years and shall be fined in an amount no more than twenty-five thousand dollars ($25,000) if a violation of this section results in the death of any person.

(4) For purposes of this section, "private place" or "private places" shall include but are not limited to:

(a) Habitation, including but not limited to any building, inhabitable structure, or conveyance of any kind, whether the building, inhabitable structure, or conveyance is temporary or permanent, mobile or immobile, including a tent, and is designed to be occupied by people lodging at night, and includes a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest, and includes the curtilage of any such dwelling;

(b) A place of business or employment, including but not limited to a commercial enterprise or establishment owned by a person as all or part of the person's livelihood or that is under the owner's control or under control of an employee or agent of the owner with responsibility for protecting persons and property and shall include the interior and exterior premises of the place of business or employment;

(c) A vehicle, including but not limited to any motorized vehicle that is self-propelled and designed for use on public highways to transport people or property; and

(d) Any other place, area, structure, enclosure, or location where a person retains, or is otherwise provided with, the expectation of privacy pursuant to state law, including political subdivisions thereof, or federal or constitutional law.

History:

[18-3313A, added 2025, ch. 32, sec. 3, p. 168.]
Idaho Code § 18-212 — Idaho Code / Title 18 / Chapter 2 / Section 18-212
18-212 DETERMINATION OF FITNESS OF DEFENDANT TO PROCEED — SUSPENSION OF PROCEEDING AND COMMITMENT OF DEFENDANT — POSTCOMMITMENT HEARING.
Status: in_force

18-212. Determination of fitness of defendant to proceed — Suspension of proceeding and commitment of defendant — Postcommitment hearing. [effective until January 1, 2027] (1) When the defendant's fitness to proceed is drawn in question, the issue shall be determined by the court. The court shall also determine, based on the examiner's findings, whether the defendant lacks capacity to make informed decisions about treatment. If neither the prosecuting attorney nor counsel for the defendant contests the finding of the report filed pursuant to section 18-211, Idaho Code, the court may make the determination on the basis of such report. If the finding is contested, the court shall hold a hearing on the issue. If the report is received in evidence upon such hearing, the party who contests the finding thereof shall have the right to summon and to cross-examine the psychiatrist or licensed psychologist who submitted the report and to offer evidence upon the issue.

(2) If the court determines that the defendant lacks fitness to proceed, the proceeding against him shall be suspended, except as provided in subsections (5) and (6) of this section, and the court shall commit him to the custody of the director of the department of health and welfare, for a period not exceeding ninety (90) days, for care and treatment at an appropriate facility of the department of health and welfare or, if the defendant is found to be dangerously mentally ill as defined in section 66-1305, Idaho Code, to the department of correction for a period not exceeding ninety (90) days. The order of commitment shall include the finding by the court whether the defendant lacks capacity to make informed decisions about treatment. For purposes of this section, "facility" shall mean a state hospital, institution, mental health center, or those facilities enumerated in subsection (8) of section 66-402, Idaho Code, equipped to evaluate or rehabilitate such defendants. The order of commitment shall require the county sheriff to transport the defendant to and from the facility and require an evaluation of the defendant's mental condition at the time of admission to the facility and a progress report on the defendant's mental condition. The progress report shall include an opinion whether the defendant is fit to proceed, or if not, whether there is a substantial probability the defendant will be fit to proceed within the foreseeable future. If the report concludes that there is a substantial probability that the defendant will be fit to proceed in the foreseeable future, the court may order the continued commitment of the defendant for an additional one hundred eighty (180) days. If at any time the director of the facility to which the defendant is committed determines that the defendant is fit to proceed, such determination shall be reported to the court.

(3) If during a commitment under this section a defendant who has the capacity to make informed decisions about treatment refuses any and all treatment, or the only treatment available to restore competency for trial, the court shall, within seven (7) days, excluding weekends and holidays, of receiving notice of the defendant's refusal from the facility, conduct a hearing on whether to order involuntary treatment or order such other terms and conditions as may be determined appropriate. The burden shall be on the state to demonstrate grounds for involuntary treatment including, but not limited to: the prescribed treatment is essential to restore the defendant's competency, the medical necessity and appropriateness of the prescribed treatment, no less intrusive treatment alternative exists to render the defendant competent for trial, and other relevant information. If each of these findings is made by the court, treatment shall be ordered consistent with the findings.

(4) Each report shall be filed with the clerk of the court, who shall cause copies to be delivered to the prosecuting attorney and to counsel for the defendant. Upon receipt of a report, the court shall determine, after a hearing if a hearing is requested, the disposition of the defendant and the proceedings against him. If the court determines that the defendant is fit to proceed, the proceeding shall be resumed. If at the end of the initial ninety (90) days the court determines that the defendant is unfit and there is not a substantial probability the defendant will be fit to proceed within the foreseeable future or if the defendant is not fit to proceed after the expiration of the additional one hundred eighty (180) days, involuntary commitment proceedings shall be instituted pursuant to either section 66-329 or 66-406, Idaho Code, in the court in which the criminal charge is pending.

(5) In its review of commitments pursuant to section 66-337, Idaho Code, the department of health and welfare shall determine whether the defendant is fit to proceed with trial. The department of health and welfare shall review its commitments pursuant to chapter 4, title 66, Idaho Code, and may recommend that the defendant is fit to proceed with trial. If the district court which committed the defendant pursuant to section 66-406, Idaho Code, agrees with the department's recommendation and finds the conditions which justified the order pursuant to section 66-406, Idaho Code, do not continue to exist, criminal proceedings may resume. If the defendant is fit to proceed, the court in which the criminal charge is pending shall be notified and the criminal proceedings may resume. If, however, the court is of the view that so much time has elapsed, excluding any time spent free from custody by reason of the escape of the defendant, since the commitment of the defendant that it would be unjust to resume the criminal proceeding, the court may dismiss the charge.

(6) If a defendant escapes from custody during his confinement, the director shall immediately notify the court from which committed, the prosecuting attorney and the sheriff of the county from which committed. The court shall forthwith issue an order authorizing any health officer, peace officer, or the director of the institution from which the defendant escaped to take the defendant into custody and immediately return him to his place of confinement.

18-212. Determination of fitness of defendant to proceed — Suspension of proceeding and commitment of defendant — Postcommitment hearing. [effective January 1, 2027] (1) When the defendant's fitness to proceed is drawn in question, the issue shall be determined by the court. The court shall also determine, based on the examiner's findings, whether the defendant lacks capacity to make informed decisions about treatment. If neither the prosecuting attorney nor counsel for the defendant contests the finding of the report filed pursuant to section 18-211, Idaho Code, the court may make the determination on the basis of such report. If the finding is contested, the court shall hold a hearing on the issue. If the report is received in evidence upon such hearing, the party who contests the finding thereof shall have the right to summon and to cross-examine the psychiatrist or licensed psychologist who submitted the report and to offer evidence upon the issue.

(2) If the court determines that the defendant lacks fitness to proceed, the proceeding against him shall be suspended, except as provided in subsections (5) and (6) of this section, and the court shall commit him to the custody of the director of the department of health and welfare, for a period not exceeding ninety (90) days, for care and treatment at an appropriate facility of the department of health and welfare or, if the defendant is found to be dangerously mentally ill as defined in section 66-1305, Idaho Code, to the department of correction for a period not exceeding ninety (90) days. The order of commitment shall include the finding by the court whether the defendant lacks capacity to make informed decisions about treatment. For purposes of this section, "facility" shall mean a state hospital, institution, mental health center, or those facilities enumerated in section 66-402(7), Idaho Code, equipped to evaluate or rehabilitate such defendants. The order of commitment shall require the county sheriff to transport the defendant to and from the facility and require an evaluation of the defendant's mental condition at the time of admission to the facility and a progress report on the defendant's mental condition. The progress report shall include an opinion whether the defendant is fit to proceed, or if not, whether there is a substantial probability the defendant will be fit to proceed within the foreseeable future. If the report concludes that there is a substantial probability that the defendant will be fit to proceed in the foreseeable future, the court may order the continued commitment of the defendant for an additional one hundred eighty (180) days. If at any time the director of the facility to which the defendant is committed determines that the defendant is fit to proceed, such determination shall be reported to the court.

(3) If during a commitment under this section a defendant who has the capacity to make informed decisions about treatment refuses any and all treatment, or the only treatment available to restore competency for trial, the court shall, within seven (7) days, excluding weekends and holidays, of receiving notice of the defendant's refusal from the facility, conduct a hearing on whether to order involuntary treatment or order such other terms and conditions as may be determined appropriate. The burden shall be on the state to demonstrate grounds for involuntary treatment including, but not limited to: the prescribed treatment is essential to restore the defendant's competency, the medical necessity and appropriateness of the prescribed treatment, no less intrusive treatment alternative exists to render the defendant competent for trial, and other relevant information. If each of these findings is made by the court, treatment shall be ordered consistent with the findings.

(4) Each report shall be filed with the clerk of the court, who shall cause copies to be delivered to the prosecuting attorney and to counsel for the defendant. Upon receipt of a report, the court shall determine, after a hearing if a hearing is requested, the disposition of the defendant and the proceedings against him. If the court determines that the defendant is fit to proceed, the proceeding shall be resumed. If at the end of the initial ninety (90) days the court determines that the defendant is unfit and there is not a substantial probability the defendant will be fit to proceed within the foreseeable future or if the defendant is not fit to proceed after the expiration of the additional one hundred eighty (180) days, involuntary commitment proceedings shall be instituted pursuant to either section 66-329 or 66-406, Idaho Code, in the court in which the criminal charge is pending.

(5) In its review of commitments pursuant to section 66-337, Idaho Code, the department of health and welfare shall determine whether the defendant is fit to proceed with trial. The department of health and welfare shall review its commitments pursuant to chapter 4, title 66, Idaho Code, and may recommend that the defendant is fit to proceed with trial. If the district court which committed the defendant pursuant to section 66-406, Idaho Code, agrees with the department's recommendation and finds the conditions which justified the order pursuant to section 66-406, Idaho Code, do not continue to exist, criminal proceedings may resume. If the defendant is fit to proceed, the court in which the criminal charge is pending shall be notified and the criminal proceedings may resume. If, however, the court is of the view that so much time has elapsed, excluding any time spent free from custody by reason of the escape of the defendant, since the commitment of the defendant that it would be unjust to resume the criminal proceeding, the court may dismiss the charge.

(6) If a defendant escapes from custody during his confinement, the director shall immediately notify the court from which committed, the prosecuting attorney and the sheriff of the county from which committed. The court shall forthwith issue an order authorizing any health officer, peace officer, or the director of the institution from which the defendant escaped to take the defendant into custody and immediately return him to his place of confinement.

History:

[18-212, added 1972, ch. 336, sec. 1, p. 852; am. 1974, ch. 165, sec. 2, p. 1405; am. 1977, ch. 13, sec. 1, p. 25; am. 1980, ch. 312, sec. 2, p. 798; am. 1982, ch. 368, sec. 4, p. 921; am. 1987, ch. 40, sec. 2, p. 69; am. 1999, ch. 293, sec. 5, p. 739; am. 2000, ch. 234, sec. 2, p. 657; am. 2022, ch. 26, sec. 2, p. 73; am. 2026, ch. 79, sec. 13, p. 398.]
Idaho Code § 18-3302J — Idaho Code / Title 18 / Chapter 33 / Section 18-3302J
18-3302J PREEMPTION OF FIREARMS REGULATION.
Status: in_force

18-3302J. Preemption of firearms regulation. (1) The legislature finds that uniform laws regulating firearms are necessary to protect the individual citizen's right to bear arms guaranteed by amendment 2 of the United States Constitution and section 11, article I of the constitution of the state of Idaho. It is the legislature's intent to wholly occupy the field of firearms regulation within this state.

(2) Except as expressly authorized by state statute, no county, city, agency, board or any other political subdivision of this state may adopt or enforce any law, rule, regulation, ordinance, executive order, or policy which regulates in any manner the sale, acquisition, transfer, ownership, possession, transportation, carrying or storage of firearms or any element relating to firearms and components thereof, including ammunition. Any such law, rule, regulation, ordinance, executive order, or policy shall be void, unenforceable, and subject to a permanent injunction against the political subdivision, as provided in subsection (7) of this section. It shall not be a defense to a violation of this subsection that the political subdivision was acting in good faith or on the advice of counsel.

(3) A county may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within its boundaries. Ordinances adopted under this subsection may not apply to or affect:

(a) A person discharging a firearm in the lawful defense of person or persons or property;

(b) A person discharging a firearm in the course of lawful hunting;

(c) A landowner and guests of the landowner discharging a firearm, when the discharge will not endanger persons or property;

(d) A person lawfully discharging a firearm on a sport shooting range as defined in section 55-2604, Idaho Code; or

(e) A person discharging a firearm in the course of target shooting on public land if the discharge will not endanger persons or property.

(4) A city may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within its boundaries. Ordinances adopted under this subsection may not apply to or affect:

(a) A person discharging a firearm in the lawful defense of person or persons or property; or

(b) A person lawfully discharging a firearm on a sport shooting range as defined in section 55-2604, Idaho Code.

(5) This section shall not be construed to affect:

(a) The authority of the department of fish and game to make rules or regulations concerning the management of any wildlife of this state, as set forth in section 36-104, Idaho Code; and

(b) The authority of counties and cities to regulate the location and construction of sport shooting ranges, subject to the limitations contained in chapter 26, title 55, Idaho Code.

(6) Any county, city, agency, board, or any other political subdivision of this state that willfully and knowingly violates the provisions of this section shall be subject to a civil penalty of ten thousand dollars ($10,000) per violation.

(7) The attorney general or any person or organization whose membership is adversely affected by a law, rule, regulation, ordinance, executive order, or policy that violates the provisions of this section may maintain an action for damages, declaratory relief, or permanent injunctive relief. The plaintiff shall be awarded reasonable costs and attorney's fees upon prevailing or if the law, rule, regulation, ordinance, executive order, or policy is repealed or rescinded after the action was filed but prior to a final determination by the court. Any person or organization who wishes to maintain an action pursuant to the provisions of this subsection shall, prior to filing, provide advanced written notice to the attorney general who shall have thirty (30) days to investigate if a violation has occurred. If a violation is found, the attorney general shall notify the offending jurisdiction that it has thirty (30) days to cure the violation, and if the jurisdiction fails to do so within thirty (30) days, the cause of action may proceed.

(8) The provisions of this section are hereby declared to be severable. And if any provision is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this section.

History:

[18-3302J, added 2008, ch. 304, sec. 2, p. 845; am. 2014, ch. 73, sec. 3, p. 189; am. 2026, ch. 295, sec. 1, p. 1219.]
Idaho Code § 18-7301A — Idaho Code / Title 18 / Chapter 73 / Section 18-7301A
18-7301A FREEDOM OF CHOICE IN TREATMENT.
Status: in_force

18-7301A. Freedom of choice in treatment. The right of any person to use amygdalin (laetrile) as an adjunct in the treatment of any physical condition of the human body shall not be denied, interfered with or obstructed by any other person.

History:

[18-7301A, added 1978, ch. 129, sec. 1, p. 290.]
Idaho Code § 18-911 — Idaho Code / Title 18 / Chapter 9 / Section 18-911
18-911 BATTERY WITH THE INTENT TO COMMIT A SERIOUS FELONY DEFINED.
Status: in_force

18-911. Battery with the intent to commit a serious felony defined. Any battery committed with the intent to commit murder, rape, mayhem, robbery or lewd and lascivious conduct with a minor child is a battery with the intent to commit a serious felony.

History:

[18-911, added 1979, ch. 227, sec. 2, p. 625; am. 1981, ch. 263, sec. 1, p. 559; am. 2022, ch. 124, sec. 14, p. 448.]
Idaho Code § 18-2405 — Idaho Code / Title 18 / Chapter 24 / Section 18-2405
18-2405 PROOF OF FRAUDULENT INTENT IN PROCURING FOOD, LODGING OR OTHER ACCOMMODATIONS.
Status: in_force

18-2405. Proof of fraudulent intent in procuring food, lodging or other accommodations. Proof that lodging, food or other accommodation was obtained by any deception or false pretense, or by any false or fictitious show or pretense of any baggage or other property, or that any person absconded without paying or offering to pay for such food, lodging or other accommodation, or that any such person surreptitiously removed, or attempted to remove, his or her baggage, shall be prima facie proof of the intent necessary for the theft of the same.

History:

[18-2405, added 1981, ch. 183, sec. 2, p. 324.]
Idaho Code § 18-5407 — Idaho Code / Title 18 / Chapter 54 / Section 18-5407
18-5407 DEPOSITION, WHEN COMPLETE.
Status: in_force

18-5407. Deposition, when complete. The making of a deposition or certificate is deemed to be complete, within the provisions of this chapter, from the time when it is delivered by the accused to any other person, with the intent that it be uttered or published as true.

History:

[18-5407, added 1972, ch. 336, sec. 1, p. 949.]
Idaho Code § 18-3912 — Idaho Code / Title 18 / Chapter 39 / Section 18-3912
18-3912 PROSECUTION OF VIOLATORS — DUTY OF TRANSPORTATION DEPARTMENT.
Status: in_force

18-3912. Prosecution of violators — Duty of transportation department. Insofar as the state highway system is concerned, it shall be the duty of the Idaho transportation department and of all its employees to present evidence of any violation of the provisions of this act to the prosecuting attorney of the county in which any such violations occur. Such prosecuting attorney shall prosecute any person guilty of a violation of the provisions of this act.

History:

[I.C., sec. 18-3912, as added by 1972, ch. 336, sec. 1, p. 927; am. 1974, ch. 12, sec. 88, p. 61.]
Idaho Code § 18-105 — Idaho Code / Title 18 / Chapter 1 / Section 18-105
18-105 COURTS MAY PUNISH FOR CONTEMPT.
Status: in_force

18-105. Courts may punish for contempt. This code does not affect any power conferred by law upon any public body, tribunal or officer, to impose or inflict punishment for a contempt.

History:

[18-105, added 1972, ch. 336, sec. 1, p. 847.]
Idaho Code § 18-2421 — Idaho Code / Title 18 / Chapter 24 / Section 18-2421
18-2421 PENALTIES.
Status: in_force

18-2421. Penalties. A person who violates any provision of the unused merchandise ownership protection act is guilty of a misdemeanor for the first offense. Any person who pleads guilty to or is found guilty of a violation of the unused merchandise ownership protection act, or any substantially conforming statute in another state or any local jurisdiction, for a second time within five (5) years, notwithstanding the form of the judgment(s) or withheld judgment(s), is guilty of a felony and shall be sentenced to the custody of the state board of correction for a term not to exceed five (5) years, or shall be fined an amount not to exceed twenty-five thousand dollars ($25,000) or both.

History:

[18-2421, added 2000, ch. 130, sec. 1, p. 308.]
Idaho Code § 18-8009 — Idaho Code / Title 18 / Chapter 80 / Section 18-8009
18-8009 IGNITION INTERLOCKS — ASSISTING ANOTHER IN STARTING OR OPERATING — PENALTY.
Status: in_force

18-8009. Ignition interlocks — Assisting another in starting or operating — Penalty. A person who knowingly assists another person who is restricted to the use of an ignition interlock device to start and operate that vehicle in violation of a court order shall be guilty of a misdemeanor. The provisions of this section do not apply if the starting of a motor vehicle, or the request to start a motor vehicle, equipped with an ignition interlock device is done for the purpose of safety or mechanical repair of the device or the vehicle and person subject to the court order does not operate the vehicle.

History:

[18-8009, added 1988, ch. 339, sec. 3, p. 1009.]
Idaho Code § 18-4004 — Idaho Code / Title 18 / Chapter 40 / Section 18-4004
18-4004 PUNISHMENT FOR MURDER.
Status: in_force

18-4004. Punishment for murder. Subject to the provisions of sections 19-2515 and 19-2515A, Idaho Code, every person guilty of murder of the first degree shall be punished by death or by imprisonment for life, provided that a sentence of death shall not be imposed unless the prosecuting attorney filed written notice of intent to seek the death penalty as required under the provisions of section 18-4004A, Idaho Code, and provided further that whenever the death penalty is not imposed the court shall impose a sentence. If a jury, or the court if a jury is waived, finds a statutory aggravating circumstance beyond a reasonable doubt but finds that the imposition of the death penalty would be unjust, the court shall impose a fixed life sentence. If a jury, or the court if a jury is waived, does not find a statutory aggravating circumstance beyond a reasonable doubt or if the death penalty is not sought, the court shall impose a life sentence with a minimum period of confinement of not less than ten (10) years during which period of confinement the offender shall not be eligible for parole or discharge or credit or reduction of sentence for good conduct, except for meritorious service. Every person guilty of murder of the second degree is punishable by imprisonment not less than ten (10) years and the imprisonment may extend to life.

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; am. 1998, ch. 96, sec. 1, p. 343; am. 2003, ch. 19, sec. 1, p. 71; am. 2003, ch. 136, sec. 1, p. 394.]
Idaho Code § 18-905 — Idaho Code / Title 18 / Chapter 9 / Section 18-905
18-905 AGGRAVATED ASSAULT DEFINED.
Status: in_force

18-905. Aggravated assault defined. An aggravated assault is an assault:

(a) With a deadly weapon or instrument without intent to kill; or

(b) By any means or force likely to produce great bodily harm.

(c) With any vitriol, corrosive acid, or a caustic chemical of any kind.

(d) "Deadly weapon or instrument" as used in this chapter is defined to include any firearm, though unloaded or so defective that it can not be fired.

History:

[18-905, added 1979, ch. 227, sec. 2, p. 625.]
Idaho Code § 18-923 — Idaho Code / Title 18 / Chapter 9 / Section 18-923
18-923 ATTEMPTED STRANGULATION.
Status: in_force

18-923. Attempted strangulation. (1) Any person who willfully and unlawfully chokes or attempts to strangle a household member, or a person with whom he or she has or had a dating relationship, is guilty of a felony punishable by incarceration for up to fifteen (15) years in the state prison.

(2) No injuries are required to prove attempted strangulation.

(3) The prosecution is not required to show that the defendant intended to kill or injure the victim. The only intent required is the intent to choke or attempt to strangle.

(4) "Household member" assumes the same definition as set forth in section 18-918(1)(a), Idaho Code.

(5) "Dating relationship" assumes the same definition as set forth in section 39-6303(2), Idaho Code.

(6) Any person who pleads guilty to or is found guilty of a violation of this section shall undergo an evaluation, counseling and other treatment as provided in section 18-918(7), Idaho Code.

(7) Notwithstanding any other provisions of this section, any person who previously has pled guilty to or been found guilty of a violation of the provisions of this section, a felony violation for domestic violence as provided in section 18-918, Idaho Code, or any substantially conforming foreign criminal felony violation, notwithstanding the form of the judgment or withheld judgment, and who, within fifteen (15) years, pleads guilty to or is found guilty of any further violation of this section shall be guilty of a felony and shall be punished by imprisonment in the state prison for a term not to exceed twenty (20) years or by a fine not to exceed ten thousand dollars ($10,000), or by both such fine and imprisonment.

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

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

History:

[18-923, added 2005, ch. 303, sec. 1, p. 950; am. 2018, ch. 123, sec. 2, p. 262; am. 2024, ch. 261, sec. 2, p. 911.]
Idaho Code § 18-4906 — Idaho Code / Title 18 / Chapter 49 / Section 18-4906
18-4906 LOTTERY INSURANCE.
Status: in_force

18-4906. Lottery insurance. Every person who insures or receives consideration for insuring for or against the drawing of any ticket in any lottery whatever, whether drawn, or to be drawn within this state or not, or who receives any valuable consideration upon any agreement to pay any sum, or deliver the same, or any other property, if any lottery ticket or number of any ticket in any lottery shall prove fortunate or unfortunate, or shall be drawn or not drawn, at any particular time, in any particular order, or who promises or agrees to pay any sum of money, or deliver any goods, things in action, or property, or forbear to do anything for the benefit of any person, with or without consideration, upon any event or contingency dependent on the drawing of any ticket in any lottery, or who publishes any notice or proposal of any of the purposes aforesaid, is guilty of a misdemeanor.

History:

[18-4906, added 1972, ch. 336, sec. 1, p. 946.]
Idaho Code § 18-4508 — Idaho Code / Title 18 / Chapter 45 / Section 18-4508
18-4508 DEFINITIONS.
Status: in_force

18-4508. Definitions. As used in sections 18-4507, 18-4508, 18-4509, 18-4510 and 18-4511, Idaho Code:

(1) "Law enforcement agency" means any law enforcement agency of the state or any political subdivision of the state, including the Idaho state police and any municipal or county sheriff department.

(2) "Missing child" means an individual who is less than eighteen (18) years of age who is reported to any law enforcement agency as abducted or lost.

(3) "Runaway child" means an individual who is less than eighteen (18) years of age who is reported to any law enforcement agency as a runaway.

(4) "State registrar" means the employee so designated by the director of the department of health and welfare.

History:

[18-4508, added 1988, ch. 281, sec. 1, p. 912; am. 1989, ch. 219, sec. 1, p. 532; am. 2000, ch. 469, sec. 23, p. 1478.]
Idaho Code § 18-1910 — Idaho Code / Title 18 / Chapter 19 / Section 18-1910
18-1910 DIRECTOR NOT PRESENT AT MEETING — ASSENT TO ILLEGAL ACTS.
Status: in_force

18-1910. Director not present at meeting — Assent to illegal acts. Every director of a corporation or joint stock association, although not present at a meeting of the directors at which any act, proceeding or omission of such directors in violation of this chapter occurs, is deemed to have concurred therein, if the facts constituting such violation appear on the records or minutes of the proceedings of the board of directors, and he remains a director of the same company for six months thereafter, and does not within that time cause, or in writing require, his dissent from such illegality to be entered in the minutes of the directors.

History:

[18-1910, added 1972, ch. 336, sec. 1, p. 882.]
Idaho Code § 18-4904 — Idaho Code / Title 18 / Chapter 49 / Section 18-4904
18-4904 ASSISTING IN LOTTERY.
Status: in_force

18-4904. Assisting in lottery. Every person who aids or assists, either by printing, writing, publishing, or otherwise, in setting up, managing or drawing any lottery, or in selling or disposing of any ticket, chance, or share therein, or in advertising an illegal lottery, is guilty of a misdemeanor.

History:

[18-4904, added 1972, ch. 336, sec. 1, p. 945; am. 2000, ch. 370, sec. 1, p. 1224.]
Idaho Code § 18-5901 — Idaho Code / Title 18 / Chapter 59 / Section 18-5901
18-5901 PUBLIC NUISANCE DEFINED.
Status: in_force

18-5901. Public nuisance defined. Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, stream, canal or basin, or any public park, square, street, or highway, is a public nuisance.

History:

[18-5901, added 1972, ch. 336, sec. 1, p. 958.]
Idaho Code § 18-1508E — Idaho Code / Title 18 / Chapter 15 / Section 18-1508E
18-1508E SEX OFFENDER REGISTRATION — TERM OF CONFINEMENT.
Status: in_force

18-1508E. sex offender registration — term of confinement. Any person convicted of an offense as provided in section 18-1508, 18-1508B, or 18-1508C, Idaho Code, requiring sex offender registration as set forth in section 18-8304, Idaho Code, and who is ordered to a fixed minimum term of confinement shall not, during such term of confinement, be eligible for parole, discharge, credit, reduction of sentence for good conduct, work release, or furlough.

History:

[18-1508E, added 2025, ch. 177, sec. 4, p. 834.]
Idaho Code § 18-1904 — Idaho Code / Title 18 / Chapter 19 / Section 18-1904
18-1904 ILLEGAL DIVIDENDS AND REDUCTIONS OF CAPITAL.
Status: in_force

18-1904. Illegal dividends and reductions of capital. Every director of any stock corporation who concurs in any vote or act of the directors of such corporation, or any of them, by which it is intended, either:

1. To make any dividend, except from the surplus profits arising from the business of the corporation, and in the cases and manner allowed by law; or,

2. To divide, withdraw or in any manner, except as provided by law, pay to the stockholders, or any of them, any part of the capital stock of the corporation; or,

3. To discount or receive any note or other evidence of debt in payment of any instalment actually called in and required to be paid, or with the intent to provide the means of making such payment; or,

4. To receive or discount any note or other evidence of debt, with the intent to enable any stockholder to withdraw any part of the money paid in by him or his stock; or,

5. To receive from any other stock corporation, in exchange for the shares, notes, bonds or other evidences of debt of their own corporation, shares of the capital stock of such other corporation, or notes, bonds or other evidences of debt issued by such other corporation;

Is guilty of a misdemeanor.

History:

[18-1904, added 1972, ch. 336, sec. 1, p. 880.]
Idaho Code § 18-1906 — Idaho Code / Title 18 / Chapter 19 / Section 18-1906
18-1906 FRAUDULENT REPORTS BY OFFICERS.
Status: in_force

18-1906. Fraudulent reports by officers. Every director, officer or agent of any corporation or joint stock association who knowingly concurs in making or publishing any written report, exhibit or statement of its affairs or pecuniary condition, containing any material statement which is false, is guilty of a misdemeanor.

History:

[18-1906, added 1972, ch. 336, sec. 1, p. 881.]
Idaho Code § 18-7018 — Idaho Code / Title 18 / Chapter 70 / Section 18-7018
18-7018 INJURING JAILS.
Status: in_force

18-7018. Injuring jails. Every person who wilfully and intentionally breaks down, pulls down or otherwise destroys or injures any public jail or other place of confinement, is punishable by fine not exceeding $10,000, and by imprisonment in the state prison not exceeding five years.

History:

[18-7018, added 1972, ch. 336, sec. 1, p. 977.]
Idaho Code § 18-1301 — Idaho Code / Title 18 / Chapter 13 / Section 18-1301
18-1301 BRIBERY OF JUDICIAL OFFICERS.
Status: in_force

18-1301. Bribery of judicial officers. Every person who gives or offers to give a bribe to any judicial officer, juror, referee, arbitrator or umpire, or to any person who may be authorized by law to hear or determine any question or controversy, with intent to influence his vote, opinion or decision upon any matter or question which is or may be brought before him for decision, is guilty of a felony.

History:

[18-1301, added 1972, ch. 336, sec. 1, p. 870.]
Idaho Code § 18-1506A — Idaho Code / Title 18 / Chapter 15 / Section 18-1506A
18-1506A RITUALIZED ABUSE OF A CHILD — EXCLUSIONS — PENALTIES — DEFINITION.
Status: in_force

18-1506A. Ritualized abuse of a child — Exclusions — Penalties — Definition. (1) A person is guilty of a felony when he commits any of the following acts with, upon, or in the presence of a child as part of a ceremony, rite or any similar observance:

(a) Actually or in simulation, tortures, mutilates or sacrifices any warm-blooded animal or human being;

(b) Forces ingestion, injection or other application of any narcotic, drug, hallucinogen or anaesthetic for the purpose of dulling sensitivity, cognition, recollection of, or resistance to any criminal activity;

(c) Forces ingestion, or external application, of human or animal urine, feces, flesh, blood, bones, body secretions, nonprescribed drugs or chemical compounds;

(d) Involves the child in a mock, unauthorized or unlawful marriage ceremony with another person or representation of any force or deity, followed by sexual contact with the child;

(e) Places a living child into a coffin or open grave containing a human corpse or remains;

(f) Threatens death or serious harm to a child, his parents, family, pets or friends which instills a well-founded fear in the child that the threat will be carried out; or

(g) Unlawfully dissects, mutilates, or incinerates a human corpse.

(2) The provisions of this section shall not be construed to apply to:

(a) Lawful agricultural, animal husbandry, food preparation or wild game hunting and fishing practices and specifically the branding or identification of livestock;

(b) The lawful medical practice of circumcision or any ceremony related thereto; or

(c) Any state or federally approved, licensed or funded research project.

(3) Any person convicted of a violation of this section shall be imprisoned in the state prison for a term of not more than life.

(4) For the purposes of this section, "child" means any person under eighteen (18) years of age.

History:

[18-1506A, added 1990, ch. 210, sec. 1, p. 467; am. 2006, ch. 178, sec. 4, p. 546.]
Idaho Code § 18-4801 — Idaho Code / Title 18 / Chapter 48 / Section 18-4801
18-4801 LIBEL DEFINED.
Status: in_force

18-4801. Libel defined. A libel is a malicious defamation, expressed either by writing, printing, or by signs or pictures, or the like, tending to blacken the memory of one who is dead, or to impeach the honesty, integrity, virtue or reputation, or publish the natural or alleged defects, of one who is alive, and thereby to expose him to public hatred, contempt or ridicule.

History:

[18-4801, added 1972, ch. 336, sec. 1, p. 944.]
Idaho Code § 18-5414 — Idaho Code / Title 18 / Chapter 54 / Section 18-5414
18-5414 INTENTIONALLY MAKING FALSE STATEMENTS.
Status: in_force

18-5414. Intentionally making false statements. A person is guilty of a misdemeanor if he willfully and intentionally gives or causes to be given false information to any court, court personnel, court clerk or any state or local government agency or personnel in the application or request for a domestic violence protective order pursuant to chapter 63, title 39, Idaho Code.

History:

[18-5414, added 1996, ch. 173, sec. 1, p. 557.]
Idaho Code § 18-7905 — Idaho Code / Title 18 / Chapter 79 / Section 18-7905
18-7905 STALKING IN THE FIRST DEGREE.
Status: in_force

18-7905. Stalking in the first degree. (1) A person commits the crime of stalking in the first degree if the person violates section 18-7906, Idaho Code, and:

(a) The actions constituting the offense are in violation of a temporary restraining order, protection order, no contact order or injunction, or any combination thereof; or

(b) The actions constituting the offense are in violation of a condition of probation or parole; or

(c) The victim is under the age of sixteen (16) years; or

(d) At any time during the course of conduct constituting the offense, the defendant possessed a deadly weapon or instrument; or

(e) The defendant has been previously convicted of a crime under this section or section 18-7906, Idaho Code, or a substantially conforming foreign criminal violation within seven (7) years, notwithstanding the form of the judgment or withheld judgment; or

(f) The defendant has been previously convicted of a crime, or an attempt, solicitation or conspiracy to commit a crime, involving the same victim as the present offense under any of the following provisions of Idaho Code or a substantially conforming foreign criminal violation within seven (7) years, notwithstanding the form of the judgment or withheld judgment:

(i) Chapter 9, title 18;

(ii) Chapter 15, title 18;

(iii) Chapter 61, title 18;

(iv) Section 18-4014 (administering poison with intent to kill);

(v) Section 18-4015 (assault with intent to murder);

(vi) Section 18-4501 (kidnapping);

(vii) Section 18-5501 (poisoning);

(viii) Section 18-6604 (forcible sexual penetration by use of foreign object);

(ix) Section 18-7902 (malicious harassment); or

(x) Section 18-8103 (act of terrorism).

(2) In this section, "course of conduct" and "victim" have the meanings given in section 18-7906(2), Idaho Code.

(3) For the purpose of this section, a "substantially conforming foreign criminal violation" exists when a person has pled guilty to or has been found guilty of a violation of any federal law or law of another state, or any valid county, city, or town ordinance of another state substantially conforming to the provisions of this section or section 18-7906, Idaho Code. The determination of whether a foreign criminal violation is substantially conforming is a question of law to be determined by the court.

(4) Stalking in the first degree is a felony punishable by a fine not exceeding ten thousand dollars ($10,000) or imprisonment in the state prison for not less than one (1) year nor more than five (5) years, or by both such fine and imprisonment.

History:

[18-7905, added 2004, ch. 337, sec. 3, p. 1008; am. 2022, ch. 124, sec. 16, p. 449.]
Idaho Code § 18-3126A — Idaho Code / Title 18 / Chapter 31 / Section 18-3126A
18-3126A ACQUISITION OF PERSONAL IDENTIFYING INFORMATION BY FALSE AUTHORITY.
Status: in_force

18-3126A. Acquisition of personal identifying information by false authority. It is unlawful for any person to falsely assume or pretend to be a member of the armed forces of the United States or an officer or employee acting under authority of the United States or any department, agency or office thereof or of the state of Idaho or any department, agency or office thereof, and in such pretended character, seek, demand, obtain or attempt to obtain personal identifying information of another person.

History:

[18-3126A, added 2005, ch. 219, sec. 1, p. 695.]
Idaho Code § 18-4503 — Idaho Code / Title 18 / Chapter 45 / Section 18-4503
18-4503 SECOND DEGREE KIDNAPPING WHEN NOT FOR RANSOM.
Status: in_force

18-4503. Second degree kidnapping when not for ransom. Every other kidnapping committed shall be kidnapping in the second degree.

History:

[18-4503, added 1972, ch. 336, sec. 1, p. 937; am. 2026, ch. 251, sec. 3, p. 1055.]
Idaho Code § 18-4310 — Idaho Code / Title 18 / Chapter 43 / Section 18-4310
18-4310 NEGLECT TO DELIVER WATER — INTERFERENCE WITH DELIVERY.
Status: in_force

18-4310. Neglect to deliver water — Interference with delivery. Any person who willfully and wrongfully prevents or interferes with the proper delivery of water to the person or persons having a right thereto shall be guilty of a misdemeanor.

History:

[18-4310, added 1972, ch. 336, sec. 1, p. 935; am. 2026, ch. 112, sec. 29, p. 576.]
Idaho Code § 18-6503 — Idaho Code / Title 18 / Chapter 65 / Section 18-6503
18-6503 PUNISHMENT FOR ROBBERY.
Status: in_force

18-6503. Punishment for robbery. Robbery is punishable by imprisonment in the state prison not less than five (5) years, and the imprisonment may be extended to life.

History:

[18-6503, added 1972, ch. 336, sec. 1, p. 966.]
Idaho Code § 18-6602 — Idaho Code / Title 18 / Chapter 66 / Section 18-6602
18-6602 SEXUAL ABUSE OF AN ANIMAL.
Status: in_force

18-6602. sexual abuse of an animal. (1) A person is guilty of a felony if that person:

(a) Engages in sexual contact with an animal;

(b) Advertises, solicits, offers, or accepts the offer of an animal or possesses, purchases, or otherwise obtains an animal with the intent that the animal be subject to sexual contact; or

(c) Causes, aids, or abets another person to engage in sexual contact with an animal.

(2) As used in this section:

(a) "Animal" means any living creature of the animal kingdom, other than a human being, whether dead or alive at the time of the violation of this section; and

(b) "Sexual contact" means any act committed between a person and an animal for the purpose of sexual arousal, sexual gratification, abuse, or financial gain without a bona fide veterinary or animal husbandry purpose and involving:

(i) Contact between the sex organs or anus of an animal and the mouth of the person or contact between the sex organs or anus of the person and the mouth of the animal;

(ii) The insertion of any part of the animal's body into the vaginal or anal opening of the person; or

(iii) The insertion of any part of the body of a person or any object into the vaginal or anal opening of an animal.

(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. Additionally, the court may order a person who violates this section to:

(a) Relinquish custody of some or all animals under the person's control at the time of the offense. If the person convicted of violating this section is not the owner of the animal that was the subject of the violation, then the animal shall be returned to the owner of the animal. An animal returned to an owner under this section shall not be spayed or neutered prior to being returned; and

(b) Reimburse the agency or shelter caring for the animal for reasonable costs incurred for the care and treatment of the animal from the date of impoundment until the disposition of the criminal proceeding.

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

(a) Generally accepted veterinary practices in compliance with chapter 21, title 54, Idaho Code;

(b) Generally accepted agricultural, farming, ranching, and animal husbandry practices, including grooming, raising, breeding or artificially inseminating an animal for reproductive purposes, assisting with the birthing process of animals, or any other procedure that provides care for an animal;

(c) Generally accepted commercial, traditional, cultural, historical, or tribal practices, including judging of breed conformation, rodeos, horse racing, fairs, and stock sales and auctions; or

(d) Generally accepted hunting, fishing, and trapping practices in compliance with title 36, Idaho Code.

History:

[18-6602, added 2022, ch. 124, sec. 6, p. 437.]
Idaho Code § 18-1908 — Idaho Code / Title 18 / Chapter 19 / Section 18-1908
18-1908 DIRECTORS DEEMED TO HAVE KNOWLEDGE OF AFFAIRS.
Status: in_force

18-1908. Directors deemed to have knowledge of affairs. Every director of a corporation or joint stock association is deemed to possess such a knowledge of the affairs of his corporation as to enable him to determine whether any act, proceeding or omission of its directors is a violation of this chapter.

History:

[18-1908, added 1972, ch. 336, sec. 1, p. 882.]
Idaho Code § 18-7010 — Idaho Code / Title 18 / Chapter 70 / Section 18-7010
18-7010 CUTTING STATE TIMBER FOR SHIPMENT.
Status: in_force

18-7010. Cutting state timber for shipment. Every person who wilfully and without authority enters upon the public lands of the state and cuts down, destroys or injures any kind of wood or timber growing upon such lands, for the purpose of shipping, freighting, floating or otherwise transporting such wood or timber out of the state, or who shall ship, freight or float, or otherwise transport out of the state, any wood or timber cut upon the public lands of the state, shall be guilty of a felony.

History:

[18-7010, added 1972, ch. 336, sec. 1, p. 975.]
Idaho Code § 18-9008 — Idaho Code / Title 18 / Chapter 90 / Section 18-9008
18-9008 DETERMINATION OF ALIENAGE UPON CONFINEMENT.
Status: in_force

18-9008. Determination of alienage upon confinement. (1) Following an arrest for a criminal offense, the custodial authority shall determine as part of the booking process if the person may be a foreign national. If it is determined that the person is a foreign national, then the custodial authority shall notify DHS of the identity of the person so confined and the place of confinement. Such notification shall be provided within forty-eight (48) hours of the person being placed in confinement.

(2) A person's status as a foreign national shall be considered suspect if the person cannot provide:

(a) A valid Idaho driver's license;

(b) A valid Idaho identification card;

(c) A valid United States passport;

(d) Any valid driver's license or identification card issued by a state or district or territory of the United States, provided the issuing authority limits issuance of the foregoing to persons who demonstrate lawful presence in the United States;

(e) Any valid identification card issued by the United States, including those issued by the department of defense, provided the issuing authority limits issuance of the foregoing to persons who demonstrate lawful presence in the United States; or

(f) Any other information sufficiently reliable to demonstrate the identity of the confined person and the person's lawful presence in the United States.

History:

[18-9008, added 2025, ch. 183, sec. 1, p. 860.]
Idaho Code § 18-1002 — Idaho Code / Title 18 / Chapter 10 / Section 18-1002
18-1002 PROOF OF COMMON BARRATRY.
Status: in_force

18-1002. Proof of common barratry. No person can be convicted of common barratry except upon proof that he has excited suits or proceedings at law in at least three (3) instances, and with a corrupt or malicious intent to vex and annoy.

History:

[18-1002, added 1972, ch. 336, sec. 1, p. 867.]
Idaho Code § 18-4103 — Idaho Code / Title 18 / Chapter 41 / Section 18-4103
18-4103 GENERAL SALE OR DISTRIBUTION, ETC., OF OBSCENE MATTER — PENALTY.
Status: in_force

18-4103. General sale or distribution, etc., of obscene matter — Penalty. Every person in this state who knowingly: brings or causes to be brought into this state for sale or distribution; or in this state prepares for distribution, publishes, prints, exhibits, distributes, or offers to distribute; or has in his possession with intent to distribute, exhibit, or offer to distribute, any obscene matter is guilty of a misdemeanor. Each sale, distribution, etc., is a separate violation.

History:

[I.C., sec. 18-4103, as added by 1973, ch. 305, sec. 6, p. 655; am. 1976, ch. 81, sec. 3, p. 262.]
Idaho Code § 18-8710 — Idaho Code / Title 18 / Chapter 87 / Section 18-8710
18-8710 CONSTRUCTION.
Status: in_force

18-8710. construction. Nothing in this chapter shall be construed as creating or recognizing a right to abortion. Nothing in this chapter shall be construed as creating or recognizing a right to federal or state funds for abortion.

History:

[18-8710, added 2021, ch. 334, sec. 1, p. 1018.]
Idaho Code § 18-3617 — Idaho Code / Title 18 / Chapter 36 / Section 18-3617
18-3617 TRADEMARK DEFINED.
Status: in_force

18-3617. Trademark defined. The phrase "trademark" as used in the three (3) preceding sections, includes every description of word, letter, device, emblem, stamp, imprint, brand, printed ticket, label or wrapper usually affixed by any mechanic, manufacturer, druggist, merchant or tradesman, to denote any goods to be goods imported, manufactured, produced, compounded or sold by him, other than any name, word, or expression generally denoting any goods to be of some particular class or description.

History:

[18-3617, added 1972, ch. 336, sec. 1, p. 920.]
Idaho Code § 18-5003 — Idaho Code / Title 18 / Chapter 50 / Section 18-5003
18-5003 CANNIBALISM DEFINED — PUNISHMENT.
Status: in_force

18-5003. Cannibalism defined — Punishment. (1) Any person who wilfully ingests the flesh or blood of a human being is guilty of cannibalism.

(2) It shall be an affirmative defense to a violation of the provisions of this section that the action was taken under extreme life-threatening conditions as the only apparent means of survival.

(3) Cannibalism is punishable by imprisonment in the state prison not exceeding fourteen (14) years.

History:

[18-5003, added 1990, ch. 210, sec. 2, p. 468.]
Idaho Code § 18-6726 — Idaho Code / Title 18 / Chapter 67 / Section 18-6726
18-6726 TIKTOK USE BY STATE EMPLOYEES ON A STATE-ISSUED DEVICE PROHIBITED.
Status: in_force

18-6726. TikTok use by state employees on a state-issued device prohibited. (1) As used in this section, "TikTok" means the social networking service owned by the Chinese company ByteDance Limited or any successor application.

(2) No person or entity that contracts with the state government and no member or employee of:

(a) The executive branch, the state legislature, or the judiciary;

(b) Any state-funded agency, department, organization, commission, office, division, board, bureau, council, college, university, administration, or corrections industry or any other division or subdivision that is funded in whole or in part through funds appropriated in the state budget; or

(c) The Idaho air national guard, Idaho army national guard, or Idaho state police, not including use for gathering military intelligence or criminal investigations by law enforcement,

shall download or use the TikTok application or visit the TikTok website on any network owned by, operated by, or otherwise under the control of state government or on any state government-issued device, including but not limited to a cellular phone, a computer, or any other device capable of internet connectivity.

(3) The executive branch, the legislative branch, and the judicial branch shall implement controls to prevent the use of TikTok on state government-issued equipment or while connected to any network owned, operated, or otherwise under the control of state government.

(4) Any person who knowingly violates the provisions of subsection (2) of this section shall be guilty of a misdemeanor.

History:

[18-6726, added 2023, ch. 136, sec. 2, p. 380.]
Idaho Code § 18-304 — Idaho Code / Title 18 / Chapter 3 / Section 18-304
18-304 AIDING IN MISDEMEANORS.
Status: in_force

18-304. Aiding in misdemeanors. Whenever an act is declared a misdemeanor, and no punishment for counseling, aiding in, soliciting or inciting the commission of such acts is expressly prescribed by law, every person who counsels, aids, solicits or incites another in the commission of such act is guilty of a misdemeanor.

History:

[18-304, added 1972, ch. 336, sec. 1, p. 857.]
Idaho Code § 18-6901 — Idaho Code / Title 18 / Chapter 69 / Section 18-6901
18-6901 SHORT TITLE.
Status: in_force

18-6901. Short title. This chapter shall be known and may be cited as the "Idaho Anti-Camcorder Piracy Act."

History:

[18-6901, added 2005, ch. 239, sec. 1, p. 742.]
Idaho Code § 18-4629 — Idaho Code / Title 18 / Chapter 46 / Section 18-4629
18-4629 PENALTY FOR TRANSPORTATION OF FOREST PRODUCTS WITHOUT A PERMIT, CONTRACT, BILL OF SALE, OR PRODUCT LOAD RECEIPT.
Status: in_force

18-4629. Penalty for transportation of forest products without a permit, contract, bill of sale, or product load receipt. Violation of the provisions of this section 18-4628, Idaho Code, shall constitute a misdemeanor and, upon conviction, be punishable by a fine of not to exceed one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six (6) months, or both.

History:

[18-4629, added 1975, ch. 243, sec. 3, p. 653; am. 2006, ch. 71, sec. 16, p. 221; am. 2020, ch. 82, sec. 10, p. 185.]
Idaho Code § 18-2309 — Idaho Code / Title 18 / Chapter 23 / Section 18-2309
18-2309 OFFICERS ATTEMPTING TO CHANGE RESULT.
Status: in_force

18-2309. Officers attempting to change result. Every officer or clerk of election who aids in changing or destroying any poll list, or in placing any ballots in the ballot box, or taking any therefrom, or adds, or attempts to add, any ballots to those legally polled at such election, either by fraudulently introducing the same into the ballot box before or after the ballots therein have been counted or adds to or mixes with, or attempts to add to or mix with the ballots polled any other ballots, while the same are being counted or canvassed, or at any other time, with intent to change the result of such election, or allows another to do so when in his power to prevent it, or carries away or destroys, or knowingly allows another to carry away or destroy, any poll list, ballot box or ballots lawfully polled, is guilty of a felony.

History:

[I.C., sec. 18-2309, as added by 1972, ch. 336, sec. 1, p. 890.]
Idaho Code § 18-3302G — Idaho Code / Title 18 / Chapter 33 / Section 18-3302G
18-3302G EXCEPTIONS.
Status: in_force

18-3302G. Exceptions. The provisions of section 18-3302E, Idaho Code, regarding the possession of a weapon by a minor or section 18-3302F, Idaho Code, regarding possession of handguns by minors shall not apply to any of the following:

(1) Patrons firing at lawfully operated target concessions at amusement parks and similar locations provided that the firearms to be used are firmly chained or affixed to the counters;

(2) Any person in attendance at a hunter's safety course or a firearm's safety course;

(3) Any person engaging in practice or any other lawful use of a firearm at an established range or any other area where the discharge of a firearm is not prohibited by state or local law;

(4) Any person engaging in an organized competition involving the use of a firearm, or participating in or practicing for such competition;

(5) Any minor under eighteen (18) years of age who is on real property with the permission of the owner, licensee, or lessee of the property and who has the permission of a parent or legal guardian or the owner, licensee, or lessee to possess a firearm not otherwise in violation of the law;

(6) Any resident or nonresident hunters with a valid hunting license or other persons who are lawfully engaged in hunting; and

(7) Any person traveling to or from any activity described in subsection (2), (3), (4), (5) or (6) of this section with an unloaded firearm in his possession.

History:

[18-3302G, added 1994, ch. 369, sec. 4, p. 1188.]
Idaho Code § 18-8603 — Idaho Code / Title 18 / Chapter 86 / Section 18-8603
18-8603 PENALTIES.
Status: in_force

18-8603. penalties. (1) A person who commits human sex trafficking as described in section 18-8607, Idaho Code, shall be guilty of a felony punishable by imprisonment for a period of no less than five (5) years and no more than twenty-five (25) years, or by a fine of no less than fifteen thousand dollars ($15,000) and no more than eighty thousand dollars ($80,000), or by both such fine and imprisonment.

(2) A person who commits human sex trafficking of a child as described in section 18-8608, Idaho Code, shall be guilty of a felony punishable by imprisonment for a period of no less than ten (10) years and no more than thirty (30) years, or by a fine of no less than twenty thousand dollars ($20,000) and no more than one hundred thousand dollars ($100,000), or by both such fine and imprisonment.

(3) A person who commits human labor trafficking as described in section 18-8609, Idaho Code, shall be guilty of a felony punishable by imprisonment for a period of no less than three (3) years and no more than twenty-five (25) years, or by a fine of no less than ten thousand dollars ($10,000) and no more than eighty thousand dollars ($80,000), or by both such fine and imprisonment.

(4) A person who commits human labor trafficking of a child as described in section 18-8610, Idaho Code, shall be guilty of a felony punishable by imprisonment for a period of no less than five (5) years and no more than twenty-five (25) years, or by a fine of no less than fifteen thousand dollars ($15,000) and no more than eighty thousand dollars ($80,000), or by both such fine and imprisonment.

History:

[18-8603, added 2024, ch. 147, sec. 23, p. 566; am. 2025, ch. 211, sec. 10, p. 975.]
Idaho Code § 18-2318 — Idaho Code / Title 18 / Chapter 23 / Section 18-2318
18-2318 ELECTIONEERING AT POLLS PROHIBITED.
Status: in_force

18-2318. Electioneering at polls prohibited. (1) In order to protect the freedom of voters to exercise their franchise without interference or intimidation and to ensure the administration of an election at any polling place is undisturbed, the provisions of this section shall apply on any day that ballots are being cast in person for any election.

(2)(a) No person may, within a polling place, within any building in which an election is being held, or within two hundred fifty (250) feet of the primary entrance and exit used by voters at a polling place or other voting location:

(i) Do any electioneering;

(ii) Circulate cards or handbills of any kind;

(iii) Solicit signatures to any kind of petition;

(iv) Advocate for or against any candidate or measure;

(v) Solicit votes in any manner or by any means;

(vi) Give or offer to give any money or gifts; or

(vii) Engage in any practice that interferes with the freedom of voters to exercise their franchise or disrupts the administration of the polling place.

(b) The restrictions set forth in this subsection shall not apply to conduct occurring on private property located adjacent to a building designated as a polling place.

(3) No person may obstruct the doors or entries to a building in which a polling place is located or prevent free access to and from any polling place.

(4) Nothing in this section shall be construed to prohibit poll workers and elections officials from being physically present at a voting location, distributing material that is necessary to instruct electors, or distributing materials prepared by the secretary of state or by the county clerk.

(5) Any election official may take the necessary steps to address electioneering, including but not limited to the removal of physical materials, addressing individuals deemed to be electioneering, or contacting law enforcement.

(6) The first two (2) violations of this section by a person shall be deemed an infraction punishable by a fine in the amount of three hundred dollars ($300) for each such violation. Any person who violates this section three (3) or more times is guilty of a misdemeanor.

History:

[18-2318, added 1986, ch. 97, sec. 2, p. 276; am. 1997, ch. 360, sec. 1, p. 1061; am. 2006, ch. 71, sec. 5, p. 218; am. 2007, ch. 202, sec. 1, p. 620; am. 2024, ch. 195, sec. 1, p. 700.]
Idaho Code § 18-6718 — Idaho Code / Title 18 / Chapter 67 / Section 18-6718
18-6718 OPENING SEALED MAIL OR PACKAGES.
Status: in_force

18-6718. Opening sealed mail or packages. (1) Every person who willfully opens or breaks the seal, or reads, or causes to be read, any sealed mail not addressed to such person without being authorized to do so either by the writer or by the person to whom it is addressed, and every person who, without the like authority, publishes any of the contents of such mail knowing the same to have been unlawfully opened, is guilty of a misdemeanor.

(2) For the purposes of this section, "mail" means any written communication or package that is designed to be carried by the United States postal service or any other federally regulated carrier of packages, parcels or letters.

History:

[18-6718, added 1980, ch. 326, sec. 2, p. 844; am. 1994, ch. 167, sec. 7, p. 377.]
Idaho Code § 18-501 — Idaho Code / Title 18 / Chapter 5 / Section 18-501
18-501 SHORT TITLE.
Status: in_force

18-501. SHORT TITLE. This act shall be known and may be cited as the "Pain-Capable Unborn Child Protection Act."

History:

[18-501, added 2011, ch. 324, sec. 1, p. 945.]
Idaho Code § 18-924 — Idaho Code / Title 18 / Chapter 9 / Section 18-924
18-924 SEXUAL BATTERY.
Status: in_force

18-924. sexual battery. (1) Sexual battery is any willful physical contact, over or under the clothing, with the intimate parts of any person, when the physical contact is done without consent and with the intent to degrade, humiliate or demean the person touched or with the intent of arousing, appealing to or gratifying the lust, passion or sexual desires of the actor or any other person. For purposes of this section, "intimate parts" means the genital area, groin, inner thighs, buttocks or breasts.

(2) Sexual battery is a misdemeanor and shall be punishable by up to one (1) year in jail, or a fine of up to two thousand dollars ($2,000), or both.

History:

[18-924, added 2018, ch. 322, sec. 1, p. 751.]
Idaho Code § 18-909 — Idaho Code / Title 18 / Chapter 9 / Section 18-909
18-909 ASSAULT WITH INTENT TO COMMIT A SERIOUS FELONY DEFINED.
Status: in_force

18-909. Assault with intent to commit a serious felony defined. An assault upon another with intent to commit murder, rape, mayhem, robbery, or lewd and lascivious conduct with a minor child is an assault with the intent to commit a serious felony.

History:

[18-909, added 1979, ch. 227, sec. 2, p. 625; am. 2022, ch. 124, sec. 13, p. 448.]
Idaho Code § 18-8404 — Idaho Code / Title 18 / Chapter 84 / Section 18-8404
18-8404 JUVENILE SEX OFFENDER REGISTRY.
Status: in_force

18-8404. Juvenile sex offender registry. The Idaho state police shall establish and maintain within the central sex offender registry a separate registry of juvenile sex offenders. The registry shall include fingerprints, photographs, and information collected from submitted forms and other communications relating to notice of duty to register, sex offender registration, and notice of address change. Information in the registry of juvenile sex offenders is subject to release to criminal justice agencies pursuant to section 18-8305, Idaho Code, and to the public pursuant to section 18-8323, Idaho Code.

History:

[18-8404, added 1998, ch. 412, sec. 1, p. 1300; am. 2000, ch. 469, sec. 32, p. 1491.]
Idaho Code § 18-1508B — Idaho Code / Title 18 / Chapter 15 / Section 18-1508B
18-1508B AGGRAVATED LEWD CONDUCT WITH MINOR CHILD UNDER SIXTEEN.
Status: in_force

18-1508B. AGGRAVATED LEWD CONDUCT WITH MINOR CHILD UNDER SIXTEEN. [effective until January 1, 2027] Any person eighteen (18) years of age or older who commits any lewd or lascivious act or acts on or with the body or any part or member thereof of a minor child under sixteen (16) years of age but thirteen (13) years of age or older, including but not limited to genital-genital contact, oral-genital contact, anal-genital contact, oral-anal contact, manual-anal contact, or manual-genital contact, whether between persons of the same or opposite sex, or who involves such minor child in any act of bestiality or sadomasochism as defined in section 18-1507, Idaho Code, when any of such acts are done with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of such person, such minor child, or a third party shall be guilty of felony aggravated lewd conduct with a minor child under sixteen (16) years of age and shall be sentenced to a mandatory minimum fixed term of imprisonment of twenty-five (25) years with a possible maximum term of life if any two (2) of the following aggravating factors occurred during the commission of or to accomplish the lewd conduct:

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

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

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

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

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

(6) The defendant used force or coercion;

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

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

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

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

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

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

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

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

18-1508B. AGGRAVATED LEWD CONDUCT WITH MINOR CHILD UNDER SIXTEEN. [effective January 1, 2027] Any person eighteen (18) years of age or older who commits any lewd or lascivious act or acts on or with the body or any part or member thereof of a minor child under sixteen (16) years of age but thirteen (13) years of age or older, including but not limited to genital-genital contact, oral-genital contact, anal-genital contact, oral-anal contact, manual-anal contact, or manual-genital contact, whether between persons of the same or opposite sex, or who involves such minor child in any act of bestiality or sadomasochism as defined in section 18-1507, Idaho Code, when any of such acts are done with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of such person, such minor child, or a third party shall be guilty of felony aggravated lewd conduct with a minor child under sixteen (16) years of age and shall be sentenced to a mandatory minimum fixed term of imprisonment of twenty-five (25) years with a possible maximum term of life if any two (2) of the following aggravating factors occurred during the commission of or to accomplish the lewd conduct:

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

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

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

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

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

(6) The defendant used force or coercion;

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

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

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

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

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

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

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

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

History:

[18-1508B, added 2025, ch. 177, sec. 1, p. 832; am. 2026, ch. 79, sec. 14, p. 399.]
Idaho Code § 18-5412 — Idaho Code / Title 18 / Chapter 54 / Section 18-5412
18-5412 DEFENDANT'S TESTIMONY MAY BE USED TO PROVE PERJURY.
Status: in_force

18-5412. Defendant's testimony may be used to prove perjury. The various sections of this code which declare that evidence obtained upon the examination of a person as a witness cannot be received against him in any criminal proceeding, do not forbid such evidence being proved against such person upon any proceedings founded upon a charge of perjury committed in such examination.

History:

[18-5412, added 1994, ch. 167, sec. 2, p. 375.]
Idaho Code § 18-217 — Idaho Code / Title 18 / Chapter 2 / Section 18-217
18-217 MENTAL HEALTH RECORDS OF OFFENDERS.
Status: in_force

18-217. Mental health records of offenders. (1) For purposes of care, treatment or normal health care operations, records of mental health evaluation, care and treatment shall be provided upon request to and from the mental health professionals of a governmental entity and another entity providing care or treatment for any person who is:

(a) Under court commitment to a state agency pursuant to section 18-212(4), Idaho Code;

(b) A pretrial detainee;

(c) Awaiting sentencing;

(d) In the care, custody or supervision of any correctional facility as defined in section 18-101A, Idaho Code;

(e) On probation or parole;

(f) Being supervised as part of a drug court, mental health court, juvenile detention program, work release program, or similar court program; or

(g) Applying for mental health services after release from a correctional facility.

(2) No court order or authorization from the offender to transfer the records shall be required except for records pursuant to 42 CFR part 2.

History:

[18-217, added 2006, ch. 92, sec. 1, p. 266; am. 2025, ch. 82, sec. 91, p. 377.]
Idaho Code § 18-7801 — Idaho Code / Title 18 / Chapter 78 / Section 18-7801
18-7801 SHORT TITLE.
Status: in_force

18-7801. Short title. This act shall be known and may be cited as the "Racketeering Act."

History:

[18-7801, added 1981, ch. 219, sec. 1, p. 407.]
Idaho Code § 18-1513 — Idaho Code / Title 18 / Chapter 15 / Section 18-1513
18-1513 OBSCENE MATERIALS — DISSEMINATION TO MINORS — POLICY.
Status: in_force

18-1513. Obscene materials — Dissemination to minors — Policy. It is hereby declared to be the policy of the legislature to restrain the distribution, promotion, or dissemination of obscene material, or of material harmful to minors, or the performance of obscene performances, or performances harmful to minors. It is found that such materials and performances are a contributing factor to crime, to juvenile crime, and also a basic factor in impairing the ethical and moral development of our youth.

History:

[I.C., sec. 18-1513, as added by 1972, ch. 336, sec. 1, p. 873.]
Idaho Code § 18-8505 — Idaho Code / Title 18 / Chapter 85 / Section 18-8505
18-8505 SUPPLYING FIREARMS TO A CRIMINAL GANG.
Status: in_force

18-8505. Supplying firearms to a criminal gang. (1) A person commits the offense of supplying firearms to a criminal gang if the person knows an individual is a gang member and supplies, sells or gives possession or control of any firearm to that gang member.

(2) Subsection (1) of this section shall not apply to a person who is convicted as a principal to the offense committed by the recipient of the firearm.

(3) A person convicted of a violation of this section shall be imprisoned for a term not to exceed ten (10) years or be fined an amount not to exceed fifty thousand dollars ($50,000), or both.

History:

[18-8505, added 2006, ch. 184, sec. 1, p. 584.]
Idaho Code § 18-210 — Idaho Code / Title 18 / Chapter 2 / Section 18-210
18-210 LACK OF CAPACITY TO UNDERSTAND PROCEEDINGS — DELAY OF TRIAL.
Status: in_force

18-210. Lack of capacity to understand proceedings — Delay of trial. No person who as a result of mental disease or defect lacks capacity to understand the proceedings against him or to assist in his own defense shall be tried, convicted, sentenced or punished for the commission of an offense so long as such incapacity endures.

History:

[I.C., sec. 18-210, as added by 1972, ch. 336, sec. 1, p. 851.]
Idaho Code § 18-8329 — Idaho Code / Title 18 / Chapter 83 / Section 18-8329
18-8329 ADULT CRIMINAL SEX OFFENDERS — PROHIBITED ACCESS TO SCHOOL CHILDREN — EXCEPTIONS.
Status: in_force

18-8329. Adult criminal sex offenders — Prohibited access to school children — Exceptions. (1) If a person is currently registered or is required to register pursuant to the sex offender registration act as provided in chapter 83, title 18, Idaho Code, it is a misdemeanor for such person to:

(a) Be on or to remain on the premises of any school building or school grounds in this state, on the premises or grounds of any daycare, or on other properties posted with a notice that they are used by a school or daycare, when the person has reason to believe children under eighteen (18) years of age are present and are involved in a school or daycare activity, or when children are present within thirty (30) minutes before or after a scheduled school or daycare activity.

(b) Knowingly loiter on a public way within five hundred (500) feet from the property line of school or daycare grounds in this state, including properties posted with a notice that they are used by a school or daycare, when children under eighteen (18) years of age are present and are involved in a school or daycare activity, or when children are present within thirty (30) minutes before or after a scheduled school or daycare activity.

(c) Be in any conveyance owned or leased by a school or daycare to transport students to or from school or daycare or a school- or daycare-related activity when children under eighteen (18) years of age are present in the conveyance.

(d) Reside within five hundred (500) feet of the property on which a school or daycare is located, measured from the nearest point of the exterior wall of the offender's dwelling unit to the school's or daycare's property line, provided however, that this paragraph shall not apply if such person's residence was established prior to July 1, 2006, for a school, and prior to July 1, 2020, for a daycare in existence on that date. This paragraph shall not apply to such person whose residence is established prior to the establishment of a daycare within five hundred (500) feet of his dwelling unit. The provisions of this paragraph shall apply when the person resides at a residential or long-term care facility.

(e) For purposes of this chapter, "school" means any public or private school. "Daycare" means any daycare as defined in chapter 11, title 39, Idaho Code, that is licensed or is zoned, permitted, or approved by a city or county for use as a daycare.

The posted notices required in this subsection shall be at least one hundred (100) square inches, shall make reference to section 18-8329, Idaho Code, shall include the term "registered sex offender," and shall be placed at all public entrances to the property.

(2) The provisions of subsection (1)(a) and (b) of this section shall not apply when the person:

(a) Is a student in attendance at the school;

(b) Is exercising his right to vote in public elections;

(c) Is taking delivery of his mail through an official post office located on school grounds; or

(d) Contacts the school district or daycare office annually and prior to his first visit of a school year and has obtained written permission from the district or daycare to be on the school or daycare grounds or on other property posted with a notice that the property is used by a school or daycare. For the purposes of this section, "contacts the school district or daycare office" shall include mail, facsimile machine, or by computer using the internet. The provisions of this subsection are required for an individual who:

(i) Is dropping off or picking up a child or children and the person is the child's or children's parent or legal guardian;

(ii) Is attending an academic conference or other scheduled extracurricular school event with school officials present when the offender is a parent or legal guardian of a child who is participating in the conference or extracurricular event. "Extracurricular" means any school-sponsored activity that is outside the regular curriculum, occurring during or outside regular school hours, including but not limited to academic, artistic, athletic, or recreational activities; or

(iii) Is temporarily on school or daycare grounds during school hours for the purpose of making a mail, food, or other delivery.

(3) The provisions of subsection (1)(d) of this section shall not apply when the person:

(a) Resides at a state-licensed or certified facility for incarceration or a hospital; or

(b) Stays at a homeless shelter or resides at a recovery facility, if such shelter or facility has been approved for sex offenders by the county sheriff.

(4) Nothing in this section shall prevent a school district or daycare from adopting more stringent safety and security requirements for employees and nonemployees while they are in district or daycare facilities and/or on district or daycare properties. If adopting more stringent safety and security requirements, the school district or daycare shall provide the requirements to any individual listed in subsection (2)(d)(i) through (iii) by mail, facsimile machine, or by computer using the internet.

History:

[18-8329, added 2006, ch. 354, sec. 1, p. 1084; am. 2008, ch. 250, sec. 1, p. 736; am. 2011, ch. 266, sec. 1, p. 725; am. 2020, ch. 314, sec. 1, p. 891; am. 2026, ch. 38, sec. 1, p. 165; am. 2026, ch. 204, sec. 2, p. 883.]
Idaho Code § 18-3105 — Idaho Code / Title 18 / Chapter 31 / Section 18-3105
18-3105 FALSE STATEMENT BY COMMISSION MERCHANT, BROKER, AGENT, FACTOR OR CONSIGNEE TO PRINCIPAL OR CONSIGNOR.
Status: in_force

18-3105. False statement by commission merchant, broker, agent, factor or consignee to principal or consignor. Every commission merchant, broker, agent, factor or consignee who shall wilfully and corruptly make, or cause to be made, to the principal or consignor of such commission merchant, agent, broker, factor or consignee, a false statement concerning the price obtained for, or the quality or quantity of any property consigned or entrusted to, such commission merchant, agent, broker, factor or consignee, for sale, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by fine not exceeding $300.00, or by imprisonment in the county jail not exceeding six (6) months, or by both such fine and imprisonment.

History:

[I.C., sec. 18-3105, as added by 1972, ch. 336, sec. 1, p. 844.]
Idaho Code § 18-3005 — Idaho Code / Title 18 / Chapter 30 / Section 18-3005
18-3005 INTIMIDATION BY FALSE ASSERTION OF AUTHORITY.
Status: in_force

18-3005. Intimidation by false assertion of authority. (1) Any person who either:

(a) Deliberately impersonates or falsely acts as a public officer or tribunal, public employee or any law enforcement authority in connection with or relating to any actual or purported legal process affecting persons or property; or

(b) Simulates legal process including, but not limited to, actions affecting title to real or personal property, indictments, subpoenas, warrants, injunctions, liens, orders, judgments, or any legal documents or proceedings; knowing or having reason to know the contents of any such documents or proceedings or the basis for any action to be fraudulent; or

(c) While acting falsely in asserting authority of law takes action against persons or property; or

(d) While acting falsely in asserting authority of law attempts in any way to influence, intimidate, or hinder a public official or law enforcement officer in the discharge of his official duties by means of, but not limited to, threats of or actual physical abuse, harassment, or through the use of simulated legal process;

Is punishable by imprisonment in the county jail for a period not to exceed one (1) year, or by a fine not to exceed one thousand dollars ($1,000) or both.

(2) (a) Nothing in this section shall make unlawful any act of any law enforcement officer or legal tribunal which is performed under lawful authority; and

(b) Nothing in this section shall prohibit individuals from assembling freely to express opinions or designate group affiliation or association; and

(c) Nothing in this section shall prohibit or in any way limit a person's lawful and legitimate access to the courts or prevent a person from instituting or responding to legitimate and lawful legal process.

History:

[18-3005, added 1997, ch. 149, sec. 1, p. 426.]
Idaho Code § 18-8001 — Idaho Code / Title 18 / Chapter 80 / Section 18-8001
18-8001 DRIVING WITHOUT PRIVILEGES.
Status: in_force

18-8001. Driving without privileges.

(1)(a) Except as provided in paragraph (b) of this subsection, any person who drives or is in actual physical control of any motor vehicle upon the highways of this state with knowledge or who has received legal notice pursuant to section 49-320, Idaho Code, that his driver's license, driving privileges or permit to drive is revoked, disqualified or suspended in this state or any other jurisdiction is guilty of a misdemeanor.

(b) Any person who drives or is in actual physical control of any motor vehicle upon the highways of this state with knowledge or who has received legal notice pursuant to section 49-320, Idaho Code, that his driver's license, driving privileges or permit to drive is revoked, disqualified or suspended in this state or any other jurisdiction and whose license was suspended for any reason outlined in sections 18-1502, 49-326(1)(g), 49-1204 and 49-1207, Idaho Code, is guilty of an infraction punishable by a fine of one hundred fifty dollars ($150).

(2) A person has knowledge that his license, driving privileges or permit to drive is revoked, disqualified or suspended when:

(a) He has actual knowledge of the revocation, disqualification or suspension of his license, driving privileges or permit to drive; or

(b) He has received oral or written notice from a verified, authorized source that his license, driving privileges or permit to drive was revoked, disqualified or suspended; or

(c) Notice of the suspension, disqualification or revocation of his license, driving privileges or permit to drive was mailed by first class mail to his address pursuant to section 49-320, Idaho Code, as shown in the transportation department records, and he failed to receive the notice or learn of its contents as a result of his own unreasonable, intentional or negligent conduct or his failure to keep the transportation department apprised of his mailing address as required by section 49-320, Idaho Code; or

(d) He has knowledge of, or a reasonable person in his situation exercising reasonable diligence would have knowledge of, the existence of facts or circumstances which, under Idaho law, might have caused the revocation, disqualification or suspension of his license, driving privileges or permit to drive.

(3) A minor may be prosecuted for a violation of subsection (1) of this section under chapter 5, title 20, Idaho Code.

(4) If a person is convicted for a violation of section 18-8004, 18-8004C or 18-8006, Idaho Code, and at the time of arrest had no driving privileges, the penalties imposed by this section shall be in addition to any penalties imposed under the provisions of section 18-8005, 18-8004A, 18-8004C or 18-8006, Idaho Code, and not in lieu thereof.

(5) In no event shall a person be granted restricted driving privileges unless the person shows proof of liability insurance or other proof of financial responsibility, as provided in chapter 12, title 49, Idaho Code.

(6) In no event shall a person who is disqualified or whose driving privileges are suspended, revoked or canceled under the provisions of this chapter be granted restricted driving privileges to operate a commercial motor vehicle.

History:

[18-8001, added 1984, ch. 22, sec. 2, p. 26; am. 1988, ch. 265, sec. 563, p. 859; am. 1989, ch. 88, sec. 59, p. 198; am. 1990, ch. 45, sec. 42, p. 109; am. 1990, ch. 432, sec. 9, p. 1201; am. 1992, ch. 115, sec. 38, p. 379; am. 1994, ch. 148, sec. 1, p. 336; am. 1998, ch. 110, sec. 1, p. 377; am. 1998, ch. 325, sec. 1, p. 1051; am. 2003, ch. 157, sec. 1, p. 443; am. 2005, ch. 359, sec. 13, p. 1140; am. 2007, ch. 34, sec. 1, p. 78; am. 2011, ch. 105, sec. 1, p. 269; am. 2018, ch. 298, sec. 1, p. 703.]
Idaho Code § 18-3302I — Idaho Code / Title 18 / Chapter 33 / Section 18-3302I
18-3302I THREATENING VIOLENCE UPON SCHOOL GROUNDS — FIREARMS AND OTHER DEADLY OR DANGEROUS WEAPONS.
Status: in_force

18-3302I. Threatening violence upon school grounds — firearms and other deadly or dangerous weapons.

(1) (a) Any person, including a student, who willfully threatens by word, electronic means or act to use a firearm or other deadly or dangerous weapon to do violence to any person on school grounds or to disrupt the normal operations of an educational institution by making a threat of violence is guilty of a misdemeanor.

(b) Any person, including a student, who knowingly has in his possession a firearm or other deadly or dangerous weapon, or who makes, alters or repairs any firearm or other deadly or dangerous weapon, in the furtherance of carrying out a threat made by word, electronic means or act to do violence to any person on school grounds or to disrupt the normal operations of an educational institution by making a threat of violence is guilty of a felony.

(2) Definitions. As used in this section:

(a) "Deadly or dangerous weapon" means a weapon, device, instrument, material or substance that is used for, or is readily capable of, causing death or serious bodily injury;

(b) "On school grounds" means in or on property owned or operated by a school district, public charter school or private school.

History:

[18-3302I, added 2006, ch. 303, sec. 1, p. 936; am. 2015, ch. 303, sec. 3, p. 1194; am. 2018, ch. 240, sec. 1, p. 562.]
Idaho Code § 18-8413 — Idaho Code / Title 18 / Chapter 84 / Section 18-8413
18-8413 PENALTIES FOR VIGILANTISM OR OTHER MISUSE OF INFORMATION OBTAINED UNDER THIS CHAPTER.
Status: in_force

18-8413. Penalties for vigilantism or other misuse of information obtained under this chapter. Any person who uses information obtained pursuant to this chapter to commit a crime or to cause physical harm to any person or damage to property shall be guilty of a misdemeanor and, in addition to any other punishment, shall be subject to imprisonment in the county jail for a period not to exceed one (1) year, or by a fine not to exceed one thousand dollars ($1,000) or both.

History:

[18-8413, added 1998, ch. 412, sec. 1, p. 1301.]
Idaho Code § 18-5601 — Idaho Code / Title 18 / Chapter 56 / Section 18-5601
18-5601 DEFINITIONS.
Status: in_force

18-5601. DEFINITIONS. As used in this chapter:

(1) "Benefits of such proceeds" includes but is not limited to any real or personal property obtained with or by use of proceeds as defined in this chapter; any debt, rent, or other financial obligation paid with proceeds as defined in this chapter; and any service obtained in exchange for proceeds as defined in this chapter.

(2) "Child" means a person under eighteen (18) years of age.

(3) "Commercial sexual activity" means the exchange, or the attempted exchange, of sexual contact for a fee.

(4) "Fee" means any money, service, item of real or personal property, contraband, or thing of value.

(5) "Intimate body parts" includes human genitals, pubic area, buttocks, or breasts.

(6) "Proceeds" means any money, services, item of real or personal property, contraband, or thing of value paid or exchanged for sexual contact.

(7) "Sexual contact" means any touching of the intimate body parts of another person for the purpose of arousing or gratifying the sexual desire of either party, including but not limited to sexual intercourse, oral-genital contact, manual-genital contact, genital-anal contact, oral-anal contact, and other physical-genital contact.

History:

[18-5601, added 2024, ch. 147, sec. 3, p. 559.]
Idaho Code § 18-4307 — Idaho Code / Title 18 / Chapter 43 / Section 18-4307
18-4307 INJURY TO MEASURING DEVICES.
Status: in_force

18-4307. Injury to measuring devices. Any person or persons who shall cut, break, injure, destroy, enlarge, change, or alter any headgate, sluiceway, weir, water box, or other measuring device, the property of any irrigation district, corporation or association of persons, or in the possession of, or in the use of, said irrigation district, corporation, or association, or the property of another, shall be guilty of a misdemeanor.

Any person or persons who shall change, alter, destroy, disturb, enlarge, or interfere with any headgate, dam, weir, water box, or other measuring device, made, placed, used or regulated by any duly appointed, elected, or authorized water master, deputy water master, ditch walker, ditch rider, engineer, or other authorized agent of any irrigation company, corporation or association or person, when said measuring device is being used or is to be used for the measurement of water, shall be guilty of a misdemeanor.

History:

[18-4307, added 1972, ch. 336, sec. 1, p. 934.]
Idaho Code § 18-3205 — Idaho Code / Title 18 / Chapter 32 / Section 18-3205
18-3205 DESTROYING LEGAL NOTICES.
Status: in_force

18-3205. Destroying legal notices. Every person who intentionally defaces, obliterates, tears down or destroys any copy or transcript, or extract from or of any law of the United States or of this state, or any proclamation, advertisement or notification set up at any place in this state, by authority of any law of the United States or of this state, or by order of any court, before the expiration of the time for which the same was to remain set up, is guilty of a misdemeanor.

History:

[18-3205, added 1972, ch. 336, sec. 1, p. 910; am. 1994, ch. 131, sec. 13, p. 300.]
Idaho Code § 18-5811 — Idaho Code / Title 18 / Chapter 58 / Section 18-5811
18-5811 ACTION REQUIRED TO AVOID ACCIDENT OR INJURY TO INDIVIDUALS WITH DISABILITIES — PROHIBITED INTENTIONAL ACTIONS — PENALTIES.
Status: in_force

18-5811. Action required to avoid accident or injury to individuals with disabilities — Prohibited intentional actions — Penalties. (1) Any person, whether a pedestrian, operating a vehicle or otherwise, who approaches an individual appearing to be an individual with a disability or lawfully using an assistance device or a service dog, and who:

(a) Intentionally fails to stop, change course, speak, or take such other action as is necessary to avoid any accident or injury to the individual with a disability, the assistance device, or the service dog is guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding six (6) months, or by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000), or by both.

(b) Intentionally startles or frightens such person's service dog is guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding six (6) months, or by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000), or by both.

(2) Any person who, without justification, intentionally interferes with the use of a service dog or an assistance device by obstructing, battering, or intimidating the user or the service dog is guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six (6) months, or by a fine of not less than fifty dollars ($50.00) nor more than one thousand five hundred dollars ($1,500), or by both.

History:

[18-5811, added 1997, ch. 267, sec. 2, p. 764; am. 2019, ch. 213, sec. 1, p. 645.]
Idaho Code § 18-8331 — Idaho Code / Title 18 / Chapter 83 / Section 18-8331
18-8331 ADULT CRIMINAL SEX OFFENDERS — PROHIBITED GROUP DWELLING — EXCEPTIONS.
Status: in_force

18-8331. Adult criminal sex offenders — Prohibited group dwelling — Exceptions. (1) Except as otherwise provided in this section, when a person is required to register pursuant to this chapter, that person may not reside in any residential dwelling unit with more than one (1) other person who is also required to register pursuant to this chapter. If, on the effective date of this section, any person required to register pursuant to this chapter, is legally residing in a residential dwelling unit with more than one (1) other person required to so register, the person may continue to reside in that residential dwelling unit without violating the provisions of this section, provided that no additional persons so required to register shall move into that residential dwelling unit if the person moving in would be in violation of this section.

(2) For purposes of this section:

(a) "Reside" and "residing" mean occupying the residential dwelling unit as a fixed place of abode or habitation for any period and to which place the person has the intention of returning after a departure or absence therefrom regardless of the duration of absence.

(b) "Residential dwelling unit" includes, but is not limited to, single family dwellings and units in multifamily dwellings including units in duplexes, apartment dwellings, mobile homes, condominiums and townhouses in areas zoned as residential. For the purposes of this section a state or federally licensed health care or convalescent facility is not a residential dwelling unit.

(3) (a) A judge of the district court may, upon petition and after an appropriate hearing, authorize a person required to register pursuant to this chapter, to reside in a residential dwelling unit with more than one (1) other person who is also required to register pursuant to this chapter, if the judge determines that:

(i) Upon clear and convincing evidence that not doing so would deprive the petitioner of a constitutionally guaranteed right; and

(ii) That such right is more compelling under the facts of the case than is the interest of the state and local government in protecting neighboring citizens, including minors, from risk of physical or psychological harm. Such risk of harm shall be presumed absent clear and convincing evidence to the contrary given the applicant's status as a person required to register pursuant to this chapter;

(b) Any exception allowed under this section shall be limited to alleviate only a deprivation of constitutional right which is more compelling than the interest of the state and local government in minimizing the risk of harm to the neighboring citizens;

(c) Any order of exception under this section shall be made a part of the registry maintained pursuant to this chapter.

(4) Any city or county may establish standards for the establishment and operation of residential houses for registered sex offenders which exceed the number of registered sex offenders allowed to reside in a residential dwelling unit under subsection (1) of this section. Applicable standards shall include establishing procedures to allow comment of neighboring residents within a specified distance, and may include, but are not limited to:

(a) Designating permissible zones in which such houses may be located;

(b) Designating permissible distances between such houses;

(c) Designating the maximum number of registered sex offenders allowed to reside in such houses;

(d) Designating qualifications and standards for supervision and care of such houses and the residents;

(e) Designating requirements and procedures to qualify as the operator of such houses, including any requirement that the residents be engaged in treatment or support programs for sex offenders and related addiction treatment or support programs; and

(f) Designating any health and safety requirements which are different than those applicable to other residential dwelling units in the zone.

(5) No person or entity shall operate a residence house for registered sex offenders in violation of the limitations of subsection (1) of this section except as otherwise provided under subsection (4) of this section. If, on the effective date of this section, any individual or entity is operating an existing residence house for persons required to register pursuant to this chapter, and when such individual or entity also requires such persons to be participants in a sex offender treatment or support program such individual or entity shall not be precluded from continuing to operate such residence house, provided that:

(a) The residence house shall not operate at a capacity exceeding eight (8) residents in the dwelling unit and two (2) residents per bedroom, or the existing number of residents, whichever is less;

(b) Once the governing city or county enacts an ordinance pursuant to subsection (4) of this section establishing standards for the operation of a residence house for sex offenders, the operator of the residence house shall, no later than one (1) year after enactment of the ordinance, comply with all standards of the ordinance, except any requirement that is less than the maximum capacity provided for under subsection (5)(a) of this section or which requires a relocation of the residence;

(c) The burden of proving that an existing residence house qualifies for continuing operation under this subsection shall be upon the operator of the residence house;

(d) Any change in the use of an existing residence house shall void the exception for the continuing operation of the house under the provisions of this section.

(6) If any person required to register pursuant to this chapter, is on parole or probation under the supervision of the Idaho department of correction, the department shall be notified by the person or the person's agent of any intent to reside with another person required to register under this chapter. The department must approve the living arrangement in advance as consistent with the terms of the parole or probation, and consistent with the objective of reducing the risk of recidivism. The department shall establish rules governing the application of this subsection.

(7) Any person who knowingly and with intent violates the provisions of this section is guilty of a misdemeanor.

(8) Any city or county is entitled to injunctive relief against any person or entity operating a residence house within its jurisdiction in violation of this section.

History:

[18-8331, added 2008, ch. 124, sec. 1, p. 343.]
Idaho Code § 18-317 — Idaho Code / Title 18 / Chapter 3 / Section 18-317
18-317 PUNISHMENT OF OFFENSES FOR WHICH NO PENALTY IS FIXED.
Status: in_force

18-317. Punishment of offenses for which no penalty is fixed. When an act or omission is declared by a statute to be a public offense and no penalty for the offense is prescribed in any statute, the act or omission is punishable as a misdemeanor.

History:

[18-317, added 1972, ch. 336, sec. 1, p. 859.]
Idaho Code § 18-4806 — Idaho Code / Title 18 / Chapter 48 / Section 18-4806
18-4806 LIABILITY OF AUTHORS, EDITORS AND PROPRIETORS.
Status: in_force

18-4806. Liability of authors, editors and proprietors. Each author, editor and proprietor of any book, newspaper or serial publication, is chargeable with the publication of any words contained in any part of such book, or number of such newspaper or serial.

History:

[18-4806, added 1972, ch. 336, sec. 1, p. 944.]
Idaho Code § 18-7102 — Idaho Code / Title 18 / Chapter 71 / Section 18-7102
18-7102 DEFINITIONS.
Status: in_force

18-7102. definitions. As used in this chapter:

(1) "Exigent circumstances" means only those limited, judicially recognized exceptions to the warrant requirement under section 17, article I of the constitution of the state of Idaho and the fourth amendment to the United States constitution.

(2) "Government agent" means any employee or representative of the state of Idaho, any political subdivision thereof, or the federal government, acting in an official capacity.

(3) "Private land not open to the public" or "private land" means any privately owned real property, not including any place of habitation or the associated curtilage, where a person knows or has reason to know that the person's presence is not permitted pursuant to the provisions of section 18-7008(2)(a), Idaho Code.

(4) "Search warrant" or "warrant" has the same meaning as that term is defined in section 19-4401, Idaho Code, and shall include an arrest warrant as described in section 19-507, Idaho Code.

History:

[18-7102, added 2026, ch. 261, sec. 1, p. 1109.]