Idaho Code § 18-8102 — Idaho Code / Title 18 / Chapter 81 / Section 18-8102
18-8102 DEFINITIONS.
Status: in_force

18-8102. Definitions. As used in this chapter:

(1) "Civil disorder" means any public disturbance involving acts of violence by an assemblage of two (2) or more persons which acts cause an immediate danger of or result in damage or injury to the property or person of any other individual.

(2) "Governmental military force" means the national guard, as defined in section 101(9) of title 10, United States Code; the organized militia of any state or territory of the United States, the Commonwealth of Puerto Rico, or the District of Columbia, not included with the definition of national guard as defined by such section 101(9); and the armed forces of the United States.

(3) "Law enforcement agency" means a governmental unit of one (1) or more persons employed full time or part time by the state or federal government, or a political subdivision thereof, for the purpose of preventing and detecting crime and enforcing laws or local ordinances and the employees of which are authorized to make arrests for crimes while acting within the scope of their authority.

(4) "Peace officer" means any duly appointed officer of a law enforcement agency as defined herein including, but not limited to, an officer of the Idaho state police, department of fish and game, a sheriff or deputy sheriff of a county, or a marshal or police officer of a city.

(5) "Terrorism" means activities that:

(a) Are a violation of Idaho criminal law; and

(b) Involve acts dangerous to human life that are intended to:

(i) Intimidate or coerce a civilian population;

(ii) Influence the policy of a government by intimidation or coercion; or

(iii) Affect the conduct of a government by the use of weapons of mass destruction, as defined in section 18-3322, Idaho Code.

History:

[18-8102, added 1987, ch. 318, sec. 1, p. 670; am. 1995, ch. 116, sec. 22, p. 399; am. 2000, ch. 469, sec. 29, p. 1489; am. 2002, ch. 222, sec. 6, p. 628.]
Idaho Code § 18-4301 — Idaho Code / Title 18 / Chapter 43 / Section 18-4301
18-4301 INTERFERENCE WITH DITCHES, CANALS, LATERALS, DRAINS OR RESERVOIRS.
Status: in_force

18-4301. Interference with ditches, canals, laterals, drains or reservoirs. Every person who shall, without authority of the owner or managing agent, and with intent to defraud, take water from any canal, ditch, lateral, drain, flume or reservoir, used for the purpose of holding, draining or conveying water for manufacturing, agricultural, mining, or domestic uses, or who shall, without like authority, raise, lower, or otherwise disturb, any gate or other appurtenance thereof used for the control or measurement of water, or who shall empty or place, or cause to be emptied or placed, into any such canal, ditch, lateral, drain, flume, or reservoir, any rubbish, filth, or obstruction to the free flow of water, is guilty of a misdemeanor.

History:

[18-4301, added 1972, ch. 336, sec. 1, p. 933; am. 2002, ch. 115, sec. 1, p. 327.]
Idaho Code § 18-5604 — Idaho Code / Title 18 / Chapter 56 / Section 18-5604
18-5604 PAYING FOR PROCUREMENT.
Status: in_force

18-5604. Paying for procurement. Any person who pays another a fee to procure a third person to engage in commercial sexual activity shall be guilty of a felony punishable by imprisonment for no less than two (2) years and no more than twenty (20) years or by a fine of no less than one thousand dollars ($1,000) and no more than fifty thousand dollars ($50,000), or by both such fine and imprisonment.

History:

[18-5604, added 1972, ch. 336, sec. 1, p. 951; am. 1981, ch. 324, sec. 4, p. 674; am. 1994, ch. 130, sec. 4, p. 293; am. 2024, ch. 147, sec. 6, p. 560.]
Idaho Code § 18-4805 — Idaho Code / Title 18 / Chapter 48 / Section 18-4805
18-4805 SUFFICIENCY OF PUBLICATION.
Status: in_force

18-4805. Sufficiency of publication. To sustain a charge of publishing a libel, it is not needful that the words or things complained of should have been read or seen by another. It is enough that the accused knowingly parted with the immediate custody of the libel under circumstances which exposed it to be read or seen by any other person than himself.

History:

[18-4805, added 1972, ch. 336, sec. 1, p. 944.]
Idaho Code § 18-8614 — Idaho Code / Title 18 / Chapter 86 / Section 18-8614
18-8614 PRESERVATION OF PROPERTY — WARRANT OF SEIZURE — PROTECTIVE ORDERS.
Status: in_force

18-8614. PRESERVATION OF PROPERTY — WARRANT OF SEIZURE — PROTECTIVE ORDERS. (1) Upon application of the state of Idaho, the court may enter a restraining order or injunction, require the execution of a satisfactory performance bond, or take any other action to preserve the availability of property described in section 18-8611, Idaho Code, for forfeiture under the provisions of this chapter upon the filing of an indictment or information charging a violation of any section of this chapter for which criminal forfeiture may be ordered, pursuant to section 18-8611, Idaho Code, and alleging that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under this chapter.

(2) The state may request the issuance of a warrant authorizing the seizure of property subject to forfeiture under this chapter in the same manner as provided for a search warrant. If the court determines that there is probable cause to believe that the property to be seized would, in the event of conviction, be subject to forfeiture and that an order under subsection (1) of this section may not be sufficient to assure the availability of the property for forfeiture, the court shall issue a warrant authorizing the seizure of such property by the appropriate law enforcement agency upon such terms and conditions as the court shall deem proper.

(3) The court may, upon application of the state of Idaho, enter such appropriate restraining orders or injunctions, require the execution of satisfactory performance bonds, appoint receivers, conservators, appraisers, accountants, or trustees, or take any other action to protect the interest of the state of Idaho in the property subject to forfeiture. Any income accruing to or derived from property subject to forfeiture under this chapter may be used to offset ordinary and necessary expenses related to the property that are required by law, or that are necessary to protect the interests of the state of Idaho or third parties.

History:

[18-8614, added 2024, ch. 147, sec. 35, p. 571.]
Idaho Code § 18-1104 — Idaho Code / Title 18 / Chapter 11 / Section 18-1104
18-1104 MARRYING SPOUSE OF ANOTHER.
Status: in_force

18-1104. Marrying spouse of another. Every person who knowingly and wilfully marries the husband or wife of another, in any case in which such husband or wife would be punishable under the provisions of this chapter, is punishable by fine not less than $2,000, or by imprisonment in the state prison not exceeding three (3) years.

History:

[18-1104, added 1972, ch. 336, sec. 1, p. 868.]
Idaho Code § 18-2712 — Idaho Code / Title 18 / Chapter 27 / Section 18-2712
18-2712 DISQUALIFIED PERSON HOLDING OFFICE.
Status: in_force

18-2712. Disqualified person holding office. Every person not a legal voter and possessing all the qualifications prescribed for voters, or who is under any disqualification created by the laws of this state, who holds or exercises any office, is guilty of a misdemeanor.

History:

[18-2712, added 1972, ch. 336, sec. 1, p. 900.]
Idaho Code § 18-4905 — Idaho Code / Title 18 / Chapter 49 / Section 18-4905
18-4905 MAINTAINING LOTTERY OFFICE.
Status: in_force

18-4905. Maintaining lottery office. Every person who opens, sets up, or keeps by himself or any other person, any office or other place for the sale of, or for registering the number of any ticket in any lottery, or who, by printing, writing or otherwise, advertises or publishes the setting up, opening or using of any such office, is guilty of a misdemeanor.

History:

[18-4905, added 1972, ch. 336, sec. 1, p. 945.]
Idaho Code § 18-312 — Idaho Code / Title 18 / Chapter 3 / Section 18-312
18-312 CONVICTS — CAPACITY AS WITNESSES — CAPACITY TO CONVEY PROPERTY.
Status: in_force

18-312. Convicts — Capacity as witnesses — Capacity to convey property. The provisions of the last two (2) preceding sections must not be construed to render the persons therein mentioned incompetent as witnesses upon the trial of a criminal action or proceeding, or incapable of making and acknowledging a sale or conveyance of property.

History:

[18-312, added 1972, ch. 336, sec. 1, p. 858.]
Idaho Code § 18-7505 — Idaho Code / Title 18 / Chapter 75 / Section 18-7505
18-7505 INDICTMENT AND TRIAL JURISDICTION.
Status: in_force

18-7505. Indictment and trial jurisdiction. Any offense occurring aboard an aircraft is declared to be a continuing offense from the point of beginning to the point of termination of the flight, and jurisdiction to prosecute a person accused of such an offense shall be in any county of Idaho over which or in which the aircraft is being operated.

History:

[I.C., sec. 18-7505, as added by 1973, ch. 267, sec. 1, p. 561; am. 1988, ch. 272, sec. 1, p. 903.]
Idaho Code § 18-5402 — Idaho Code / Title 18 / Chapter 54 / Section 18-5402
18-5402 OATH DEFINED.
Status: in_force

18-5402. Oath defined. The term "oath" as used in section 18-5401, Idaho Code, includes an affirmation, and every other mode authorized by law of attesting the truth of that which is stated, including a certification or declaration under penalty of perjury permitted by the law of this state, whether subscribed within or without this state.

History:

[18-5402, added 1972, ch. 336, sec. 1, p. 948; am. 2013, ch. 259, sec. 2, p. 636.]
Idaho Code § 18-3327 — Idaho Code / Title 18 / Chapter 33 / Section 18-3327
18-3327 CONSISTENCY IN KNIFE REGULATION.
Status: in_force

18-3327. Consistency in Knife regulation. (1) Except as provided in sections 18-3302 and 18-3302A, Idaho Code, a city, county, or other political subdivision of this state shall not enact any ordinance, rule, or tax relating to the transportation, possession, carrying, sale, transfer, purchase, gift, devise, licensing, registration, or use of a knife or knife making components in this state.

(2) Notwithstanding the provisions of subsection (1) of this section, the following entities may regulate the possession of a knife:

(a) Public schools, including public charter schools;

(b) Any court of record for any courthouse;

(c) All law enforcement facilities;

(d) All places of involuntary confinement, including:

(i) Prisons and jails established pursuant to title 20, Idaho Code; and

(ii) Entities managed and operated pursuant to section 56-203, Idaho Code; and

(e) A city, county, or other political subdivision of the state in order to regulate child care facility safety standards.

(3) A city, county, or other political subdivision of this state shall not enact any rule or ordinance relating to the manufacture of a knife that is more restrictive than any rule or ordinance relating to the manufacture of any other commercial goods.

(4) Except as provided in sections 18-3302 and 18-3302A, Idaho Code, any rule or ordinance of a city, county, or political subdivision of this state that contradicts the provisions of this section shall be null, void, and of no force and effect.

History:

[18-3327, added 2024, ch. 221, sec. 1, p. 777.]
Idaho Code § 18-5409 — Idaho Code / Title 18 / Chapter 54 / Section 18-5409
18-5409 PUNISHMENT FOR PERJURY.
Status: in_force

18-5409. Punishment for perjury. Perjury is punishable by imprisonment in the state prison not less than one (1) or more than fourteen (14) years.

History:

[18-5409, added 1972, ch. 336, sec. 1, p. 949.]
Idaho Code § 18-509 — Idaho Code / Title 18 / Chapter 5 / Section 18-509
18-509 PROTECTION OF PRIVACY IN COURT PROCEEDINGS.
Status: in_force

18-509. protection of privacy in court proceedings. In every civil or criminal proceeding or action brought under the pain-capable unborn child protection act, the court shall rule whether the anonymity of any woman upon whom an abortion has been performed or attempted shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that her anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each such order shall be accompanied by specific written findings explaining why the anonymity of the woman should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest and why no reasonable less restrictive alternative exists. In the absence of written consent of the woman upon whom an abortion has been performed or attempted, anyone, other than a public official, who brings an action under the provisions of section 18-508, Idaho Code, shall do so under a pseudonym. This section shall not be construed to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant.

History:

[18-509, added 2011, ch. 324, sec. 1, p. 949.]
Idaho Code § 18-106 — Idaho Code / Title 18 / Chapter 1 / Section 18-106
18-106 COURT TO IMPOSE PUNISHMENT.
Status: in_force

18-106. Court to impose punishment. The several sections of this code which declare certain crimes to be punishable as therein mentioned, devolve a duty upon the court authorized to pass sentence, to determine and impose the punishment prescribed.

History:

[18-106, added 1972, ch. 336, sec. 1, p. 847.]
Idaho Code § 18-5808 — Idaho Code / Title 18 / Chapter 58 / Section 18-5808
18-5808 PERMITTING MISCHIEVOUS ANIMAL AT LARGE.
Status: in_force

18-5808. Permitting mischievous animal at large. If the owner of a mischievous animal, knowing its propensities, wilfully suffers it to go at large, or keeps it without ordinary care, and such animal, while so at large, or while not kept with ordinary care, kills any human being who has taken all the precautions which circumstances permitted, or which a reasonable person would ordinarily take in the same situation, is guilty of a felony.

History:

[I.C., sec. 18-5808, as added by 1972, ch. 336, sec. 1, p. 956.]
Idaho Code § 18-2302 — Idaho Code / Title 18 / Chapter 23 / Section 18-2302
18-2302 FALSE SWEARING AS TO QUALIFICATIONS AS VOTER.
Status: in_force

18-2302. False swearing as to qualifications as voter. Every person who, upon his right to vote being challenged at any election held under the laws of this state, wilfully, corruptly and falsely swears touching his qualifications as a voter, is guilty of perjury.

History:

[18-2302, added 1972, ch. 336, sec. 1, p. 889.]
Idaho Code § 18-6501 — Idaho Code / Title 18 / Chapter 65 / Section 18-6501
18-6501 ROBBERY DEFINED.
Status: in_force

18-6501. Robbery defined. Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.

History:

[18-6501, added 1972, ch. 336, sec. 1, p. 965.]
Idaho Code § 18-8412 — Idaho Code / Title 18 / Chapter 84 / Section 18-8412
18-8412 EXEMPTION FROM CIVIL LIABILITY.
Status: in_force

18-8412. Exemption from civil liability. (1) No person or governmental entity, other than those specifically charged in this chapter with a duty to collect information under this chapter regarding registered sex offenders, has a duty to inquire, investigate or disclose any information regarding registered sex offenders.

(2) No person or governmental entity, other than those specifically charged in this chapter with an affirmative duty to provide public access to information regarding registered sex offenders, shall be held liable for any failure to disclose any information regarding registered sex offenders to any other person or entity.

(3) Every person or governmental entity who, acting without malice or criminal intent, obtains or disseminates information under this chapter shall be immune from civil liability for any damages claimed as a result of such disclosures made or received.

History:

[18-8412, added 1998, ch. 412, sec. 1, p. 1301.]
Idaho Code § 18-4509 — Idaho Code / Title 18 / Chapter 45 / Section 18-4509
18-4509 MISSING CHILD REPORTS — LAW ENFORCEMENT AGENCIES — DUTIES.
Status: in_force

18-4509. Missing child reports — Law enforcement agencies — Duties. (1) Upon receiving a report of a missing or runaway child, a law enforcement agency shall immediately enter identifying and descriptive information about the child into the national crime information center computer. Law enforcement agencies having direct access to the national crime information center computer shall enter and retrieve the data directly and shall cooperate in the entry and retrieval of data on behalf of law enforcement agencies which do not have direct access to the system.

(2) If the local law enforcement agency has reason to believe that a missing or runaway child is enrolled in an Idaho elementary or secondary school, it shall notify that school of the report, at which time the school shall flag the missing child's record pursuant to section 18-4511, Idaho Code.

(3) The Idaho state police shall report the entries made by local law enforcement in the national crime information center to the state registrar. Upon learning of the return of a missing or runaway child, the Idaho state police shall so notify the state registrar of this state if the child was born in Idaho, or the appropriate officer in the state where the child was born, and the school informed under the provisions of subsection (2) of this section.

(4) The Idaho state police shall by rule determine the frequency, manner and form of notices and reports required by this act.

(5) Immediately after a missing or runaway child is returned, the law enforcement agency having jurisdiction over the investigation shall clear the entry from the national crime information center computer.

History:

[18-4509, added 1988, ch. 281, sec. 1, p. 912; am. 1989, ch. 219, sec. 2, p. 533; am. 1999, ch. 12, sec. 1, p. 16; am. 2000, ch. 469, sec. 24, p. 1478.]
Idaho Code § 18-5906 — Idaho Code / Title 18 / Chapter 59 / Section 18-5906
18-5906 PENALTY FOR VIOLATION.
Status: in_force

18-5906. Penalty for violation. A violation of section 18-5904, Idaho Code, is punishable by a fine of not less than five dollars ($5.00) nor more than ten dollars ($10.00).

History:

[I.C., sec. 18-5906, as added by 1975, ch. 121, sec. 3, p. 252.]
Idaho Code § 18-7013 — Idaho Code / Title 18 / Chapter 70 / Section 18-7013
18-7013 RESERVOIRS AND TANKS — POLLUTION WHEN FENCED OR POSTED A MISDEMEANOR.
Status: in_force

18-7013. Reservoirs and tanks — Pollution when fenced or posted a misdemeanor. Whenever any individual, individuals or corporation, municipal, public or private, owning, operating or maintaining any reservoir, pond, tank or any structure or place wherein or whereon water is stored, either in whole or in part for domestic use, has the area or ground on or wherein such reservoir, pond, tank, structure or place is located, wholly inclosed by any fence or artificial barrier, and has posted or caused to be posted, warning signs in conspicuous places on such fence or artificial barrier forbidding entry, it shall be unlawful for any person to enter, or to throw or place, or to cause to be thrown or placed, any substance or thing whatsoever, within the area so inclosed by such fence or artificial barrier, without the consent of such individual, individuals or corporation, and any violation hereof shall constitute a misdemeanor and shall be punishable accordingly.

History:

[I.C., sec. 18-7013, as added by 1972, ch. 336, sec. 1, p. 976.]
Idaho Code § 18-5603 — Idaho Code / Title 18 / Chapter 56 / Section 18-5603
18-5603 RECEIVING PAY FOR PROCUREMENT.
Status: in_force

18-5603. Receiving pay for procurement. Any person who knowingly receives a fee to procure a third person to engage in commercial sexual activity shall be guilty of a felony punishable by imprisonment for a period of no less than two (2) years and no more than twenty (20) years or by a fine of no less than one thousand dollars ($1,000) and no more than fifty thousand dollars ($50,000), or by both such fine and imprisonment.

History:

[18-5603, added 1972, ch. 336, sec. 1, p. 951; am. 1981, ch. 324, sec. 3, p. 673; am. 1994, ch. 130, sec. 3, p. 293; am. 2024, ch. 147, sec. 5, p. 560.]
Idaho Code § 18-7909 — Idaho Code / Title 18 / Chapter 79 / Section 18-7909
18-7909 FEES WAIVED.
Status: in_force

18-7909. Fees waived. No filing fee, service fee, hearing fee or bond shall be charged for proceedings seeking only the relief provided under sections 18-7907 and 18-7908, Idaho Code.

History:

[18-7909, added 2016, ch. 270, sec. 3, p. 727.]
Idaho Code § 18-1505B — Idaho Code / Title 18 / Chapter 15 / Section 18-1505B
18-1505B SEXUAL ABUSE AND EXPLOITATION OF A VULNERABLE ADULT.
Status: in_force

18-1505B. Sexual abuse and exploitation of a vulnerable adult. (1) It is a felony for any person, with the intent of arousing, appealing to or gratifying the lust, passion or sexual desires of such person, a vulnerable adult or a third party, to:

(a) Commit any lewd or lascivious act or acts upon or with the body or any part or member thereof of a vulnerable adult 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;

(b) Involve a vulnerable adult in any act of bestiality or sadomasochism as defined in section 18-1507, Idaho Code; or

(c) Cause or have sexual contact with a vulnerable adult, not amounting to lewd conduct as defined in paragraph (a) of this subsection.

(2) For the purposes of this section:

(a) "Commercial purpose" means the intention, objective, anticipation or expectation of monetary gain or other material consideration, compensation, remuneration or profit.

(b) "Sexual contact" means any physical contact between a vulnerable adult and any person or between vulnerable adults, which is caused by the actor, or the actor causing the vulnerable adult to have self-contact;

(c) "Sexually exploitative material" means any image, photograph, motion picture, video, print, negative, slide or other mechanically, electronically, digitally or chemically produced or reproduced visual material that shows a vulnerable adult engaged in, participating in, observing or being used for explicit sexual conduct, or showing a vulnerable adult engaging in, participating in, observing or being used for explicit sexual conduct, in actual time, including, but not limited to, video chat, webcam sessions or video calling; and

(d) "Vulnerable adult" is as defined in section 18-1505, Idaho Code.

(3) Sexual abuse of a vulnerable adult is a felony and shall be punishable by imprisonment in the state prison for a period not to exceed twenty-five (25) years or by a fine not to exceed twenty-five thousand dollars ($25,000), or by both such fine and imprisonment.

(4) It shall be a felony for any person to commit sexual exploitation of a vulnerable adult if, for any commercial purpose, he knowingly:

(a) Causes, induces or permits a vulnerable adult to engage in or be used in any explicit sexual conduct as defined in section 18-1507, Idaho Code; or

(b) Prepares, arranges for, publishes, produces, promotes, makes, sells, finances, offers, exhibits, advertises, deals in, possesses or distributes sexually exploitative material.

(5) The possession by any person of three (3) or more identical copies of any sexually exploitative material shall create a presumption that such possession is for a commercial purpose.

(6) Sexual exploitation of a vulnerable adult shall be punishable by imprisonment in the state prison for a period not to exceed fifteen (15) years or by a fine not to exceed twenty-five thousand dollars ($25,000), or by both such fine and imprisonment.

History:

[18-1505B, added 2005, ch. 216, sec. 1, p. 689; am. 2009, ch. 100, sec. 1, p. 309; am. 2012, ch. 269, sec. 1, p. 751.]
Idaho Code § 18-910 — Idaho Code / Title 18 / Chapter 9 / Section 18-910
18-910 ASSAULT WITH THE INTENT TO COMMIT A SERIOUS FELONY — PUNISHMENT.
Status: in_force

18-910. Assault with the intent to commit a serious felony — Punishment. An assault with the intent to commit a serious felony is punishable by imprisonment in the state prison not to exceed fifteen (15) years.

History:

[18-910, added 1979, ch. 227, sec. 2, p. 625; am. 2006, ch. 178, sec. 1, p. 545.]
Idaho Code § 18-4003 — Idaho Code / Title 18 / Chapter 40 / Section 18-4003
18-4003 DEGREES OF MURDER.
Status: in_force

18-4003. Degrees of murder. (a) All murder which is perpetrated by means of poison, or lying in wait, or torture, when torture is inflicted with the intent to cause suffering, to execute vengeance, to extort something from the victim, or to satisfy some sadistic inclination, or which is perpetrated by any kind of willful, deliberate and premeditated killing is murder of the first degree.

(b) Any murder of any peace officer, executive officer, officer of the court, fireman, judicial officer or prosecuting attorney who was acting in the lawful discharge of an official duty, and was known or should have been known by the perpetrator of the murder to be an officer so acting, shall be murder of the first degree.

(c) Any murder committed by a person under a sentence for murder of the first or second degree, including such persons on parole or probation from such sentence, shall be murder of the first degree.

(d) Any murder committed in the perpetration of, or attempt to perpetrate, aggravated battery on a child under twelve (12) years of age, arson, rape, robbery, burglary, kidnapping or mayhem, or an act of terrorism, as defined in section 18-8102, Idaho Code, or the use of a weapon of mass destruction, biological weapon or chemical weapon, is murder of the first degree.

(e) Any murder committed by a person incarcerated in a penal institution upon a person employed by the penal institution, another inmate of the penal institution or a visitor to the penal institution shall be murder of the first degree.

(f) Any murder committed by a person while escaping or attempting to escape from a penal institution is murder of the first degree.

(g) All other kinds of murder are of the second degree.

History:

[18-4003, added 1972, ch. 336, sec. 1, p. 928; am. 1973, ch. 276, sec. 1, p. 588; am. 1977, ch. 154, sec. 2, p. 390; am. 1991, ch. 227, sec. 1, p. 546; am. 2002, ch. 222, sec. 4, p. 627.]
Idaho Code § 18-8106 — Idaho Code / Title 18 / Chapter 81 / Section 18-8106
18-8106 PROVIDING MATERIAL SUPPORT TO TERRORISTS.
Status: in_force

18-8106. Providing material support to terrorists. (1) A person who provides material support or resources, or who conceals or disguises the nature, location, source or ownership of material support or resources, with the knowledge and intention that such support or resources are to be used in the preparation or carrying out of a violation of this chapter, or in the preparation or carrying out of the concealment of such support or resources, or in the escape from the commission of any such violation, shall be guilty of a felony and shall be punished by imprisonment in the state prison for a period not to exceed fifteen (15) years or by a fine not exceeding fifty thousand dollars ($50,000), or by both.

(2) As used in this section, the term "material support or resources" means currency or other financial securities, financial services, lodging, safe houses, training, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets. "Material support or resources" does not include medical or religious material.

History:

[18-8106, added 2002, ch. 222, sec. 8, p. 630.]
Idaho Code § 18-8504 — Idaho Code / Title 18 / Chapter 85 / Section 18-8504
18-8504 RECRUITING CRIMINAL GANG MEMBERS.
Status: in_force

18-8504. Recruiting criminal gang members. (1) A person commits the offense of recruiting criminal gang members by:

(a) Knowingly soliciting, inviting, encouraging or otherwise causing a person to actively participate in a criminal gang; or

(b) Knowingly using force, threats, violence or intimidation directed at any person, or by the infliction of bodily injury upon any person, to actively participate in a criminal gang.

(2) A person convicted of a violation of this section shall be imprisoned for a term not to exceed ten (10) years.

(3) This section shall not be construed to limit prosecution under any other provision of law.

History:

[18-8504, added 2006, ch. 184, sec. 1, p. 584.]
Idaho Code § 18-1353A — Idaho Code / Title 18 / Chapter 13 / Section 18-1353A
18-1353A THREATS AGAINST STATE OFFICIALS OF THE EXECUTIVE, LEGISLATIVE OR JUDICIAL BRANCH OR ELECTED OFFICIALS OF A COUNTY OR CITY.
Status: in_force

18-1353A. Threats against state officials of the executive, legislative or judicial branch or elected officials of a county or city. Whoever knowingly and willfully deposits for conveyance in the mail or for a delivery from any post office or by any letter carrier, any letter, paper, writing, print, missive, or document containing any threat to take the life of or to inflict bodily harm upon any state elected official of the executive or legislative branch, or any justice, judge or magistrate of the judicial branch, or person appointed to fill the vacancy of a state elected official of the executive or legislative branch of the state of Idaho, or knowingly and willfully otherwise makes any such threat against a state elected official of the executive or legislative branch, or any justice, judge or magistrate of the judicial branch, or person appointed to fill the vacancy of a state elected official of the executive or legislative branch of the state of Idaho, or upon any elected official of any county or city, is guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed one thousand dollars ($1,000) and shall be sentenced to not to exceed one (1) year in the county jail. If such threat is made while the defendant exhibits a firearm or other dangerous or deadly weapon, the defendant shall be guilty of a felony. Upon a second or subsequent conviction of an offense under this section, the defendant shall be guilty of a felony and shall be sentenced to a term of not to exceed five (5) years in the state penitentiary.

History:

[18-1353A, added 1982, ch. 263, sec. 1, p. 674; am. 1992, ch. 113, sec. 1, p. 342; am. 1996, ch. 401, sec. 1, p. 1334; am. 2000, ch. 131, sec. 1, p. 308.]
Idaho Code § 18-2702 — Idaho Code / Title 18 / Chapter 27 / Section 18-2702
18-2702 ASKING OR RECEIVING BRIBES.
Status: in_force

18-2702. Asking or receiving bribes. Every executive officer or person elected or appointed to an executive office who asks, receives or agrees to receive, any bribe upon any agreement or understanding that his vote, opinion or action upon any matter then pending, or which may be brought before him in his official capacity, shall be influenced thereby, is guilty of a felony and forfeits his office.

History:

[18-2702, added 1972, ch. 336, sec. 1, p. 899.]
Idaho Code § 18-8314 — Idaho Code / Title 18 / Chapter 83 / Section 18-8314
18-8314 POWERS AND DUTIES OF THE SEXUAL OFFENDER MANAGEMENT BOARD.
Status: in_force

18-8314. Powers and duties of the sexual offender management board. (1) The board shall develop, advance and oversee sound sexual offender management policies and practices statewide as demonstrated by evidence-based best practices.

(2) The board shall carry out the following duties:

(a) Establish standards for psychosexual evaluations performed pursuant to section 18-8316, Idaho Code, and sexual offender treatment programs based on current and evolving best practices.

(b) Establish qualifications, set forth procedures for approval and certification, and administer the certification process for:

(i) Professionals conducting psychosexual evaluations pursuant to section 18-8316, Idaho Code, or adjudication proceedings on juvenile sexual offenders;

(ii) Professionals providing treatment to adult or juvenile sexual offenders as ordered or required by the court, the Idaho department of correction, the Idaho commission of pardons and parole, or the Idaho department of juvenile corrections; and

(iii) Professionals conducting post-conviction sexual offender polygraphs as ordered or required by the court, the Idaho department of correction, or the Idaho commission of pardons and parole.

(c) Establish a nonrefundable processing fee not to exceed one hundred fifty dollars ($150) for each initial certification and a nonrefundable processing fee not to exceed one hundred fifty dollars ($150) for each annual recertification.

(d) Set forth and administer procedures for quality assurance of the standards and qualifications established in this section.

(e) The board shall have authority to deny, revoke, restrict or suspend a certification if standards or qualifications are not met or to otherwise monitor a provider.

(f) Establish and implement standard protocols for sexual offender management, assessment and classification based on current and evolving best practices.

(g) Manage and maintain the records of the former sexual offender classification board.

(3) The board shall have authority to promulgate rules to carry out the provisions of this chapter.

History:

[18-8314, added 1998, ch. 411, sec. 2, p. 1284; am. 2000, ch. 235, sec. 1, p. 662; am. 2000, ch. 236, sec. 4, p. 665; am. 2002, ch. 183, sec. 3, p. 534; am. 2003, ch. 235, sec. 2, p. 604; am. 2004, ch. 125, sec. 2, p. 418; am. 2006, ch. 379, sec. 1, p. 1172; am. 2010, ch. 352, sec. 8, p. 926; am. 2011, ch. 311, sec. 13, p. 894; am. 2021, ch. 30, sec. 2, p. 72.]
Idaho Code § 18-7903 — Idaho Code / Title 18 / Chapter 79 / Section 18-7903
18-7903 PENALTIES — CRIMINAL AND CIVIL.
Status: in_force

18-7903. Penalties — Criminal and civil. (a) Malicious harassment is punishable by imprisonment in the state prison for a period not to exceed five (5) years or by fine not exceeding five thousand dollars ($5,000) or by both.

(b) In addition to the criminal penalty provided in subsection (a) of this section, there is hereby created a civil cause of action for malicious harassment. A person may be liable to the victim of malicious harassment for both special and general damages, including but not limited to damages for emotional distress, reasonable attorney fees and costs, and punitive damages.

(c) The penalties provided in this section for malicious harassment do not preclude victims from seeking any other remedies, criminal or civil, otherwise available under law.

History:

[18-7903, added 1983, ch. 110, sec. 2, p. 237; am. 1987, ch. 275, sec. 1, p. 568.]
Idaho Code § 18-1406 — Idaho Code / Title 18 / Chapter 14 / Section 18-1406
18-1406 POSSESSION OF BURGLARIOUS INSTRUMENTS.
Status: in_force

18-1406. Possession of burglarious instruments. Every person having upon him, or in his possession, a picklock, crow, key, bit, or other instrument or tool, with intent feloniously to break or enter into any building or who shall knowingly make or alter, or shall attempt to make or alter any key or other instrument above named, so that the same will fit or open the lock of a building, without being requested so to do by some person having the right to open the same, or who shall make, alter, or repair, any instrument or thing, knowing, or having reason to believe, that it is intended to be used in committing a misdemeanor or felony, is guilty of a misdemeanor. Any of the structures mentioned in this chapter shall be deemed a building within the meaning of this section.

History:

[18-1406, added 1972, ch. 336, sec. 1, p. 872.]
Idaho Code § 18-8619 — Idaho Code / Title 18 / Chapter 86 / Section 18-8619
18-8619 BAR ON INTERVENTION.
Status: in_force

18-8619. bar on intervention. Except as provided in sections 18-8616 and 18-8617, Idaho Code, no party claiming an interest in property subject to forfeiture under this section may:

(1) Intervene in a trial or appeal of a criminal case involving the forfeiture of such property under the provisions of this chapter; or

(2) Commence an action at law or equity against the state of Idaho concerning the validity of his alleged interest in the property subsequent to the filing of an indictment or information alleging that the property is subject to forfeiture under this chapter.

History:

[18-8619, added 2024, ch. 147, sec. 40, p. 575.]
Idaho Code § 18-3616 — Idaho Code / Title 18 / Chapter 36 / Section 18-3616
18-3616 FORGED AND COUNTERFEIT TRADE-MARKS DEFINED.
Status: in_force

18-3616. Forged and counterfeit trade-marks defined. The phrases "forged trade-mark" and "counterfeited trade-marks," or their equivalents, as used in this chapter include every alteration or imitation of any trade-mark so resembling the original as to be likely to deceive.

History:

[18-3616, added 1972, ch. 336, sec. 1, p. 920.]
Idaho Code § 18-307 — Idaho Code / Title 18 / Chapter 3 / Section 18-307
18-307 ATTEMPT RESULTING IN DIFFERENT CRIME.
Status: in_force

18-307. Attempt resulting in different crime. The last two (2) sections do not protect a person who, in attempting unsuccessfully to commit a crime, accomplishes the commission of another and different crime, whether greater or less in guilt, from suffering the punishment prescribed by law for the crime committed.

History:

[18-307, added 1972, ch. 336, sec. 1, p. 858.]
Idaho Code § 18-5625 — Idaho Code / Title 18 / Chapter 56 / Section 18-5625
18-5625 PROPORTIONALITY.
Status: in_force

18-5625. proportionality. In issuing any order under the provisions of this chapter, the court shall make a determination that the property, or a portion thereof in the case of real property, was actually used in violation of the relevant provisions of this chapter. The size of the property forfeited shall not be unfairly disproportionate to the size of the property actually used in violation of the provisions of this chapter.

History:

[18-5625, added 2013, ch. 249, sec. 8, p. 606.]
Idaho Code § 18-608A — Idaho Code / Title 18 / Chapter 6 / Section 18-608A
18-608A PERSONS AUTHORIZED TO PERFORM ABORTIONS.
Status: in_force

18-608A. Persons authorized to perform abortions. It is unlawful for any person other than a physician to cause or perform an abortion.

History:

[18-608A, added 2000, ch. 7, sec. 3, p. 13.]
Idaho Code § 18-8615 — Idaho Code / Title 18 / Chapter 86 / Section 18-8615
18-8615 INSTITUTION OF PROCEEDINGS — THIRD PARTIES.
Status: in_force

18-8615. INSTITUTION OF PROCEEDINGS — THIRD PARTIES. Upon the filing of a part II forfeiture request pursuant to section 18-8613, Idaho Code, or in the event of seizure pursuant to a warrant of seizure, or upon entry of an order of forfeiture pursuant to section 18-8611, Idaho Code, the attorney general or appropriate prosecuting attorney shall, if appropriate, institute proceedings pursuant to section 18-8616 or 18-8617, Idaho Code, or both, within five (5) days of such event.

History:

[18-8615, added 2024, ch. 147, sec. 36, p. 571.]
Idaho Code § 18-3305 — Idaho Code / Title 18 / Chapter 33 / Section 18-3305
18-3305 DISCHARGE OF ARMS AIMED AT ANOTHER.
Status: in_force

18-3305. Discharge of arms aimed at another. Any person who shall discharge, without injury to any person, any firearm, while intentionally, without malice, aimed at or toward any person, shall be guilty of a misdemeanor, and shall be liable to a fine of not more than one thousand dollars ($1,000), or imprisonment in the county jail not to exceed six (6) months, or both, at the discretion of the court.

History:

[18-3305, added 1972, ch. 336, sec. 1, p. 912; am. 2006, ch. 71, sec. 10, p. 219; am. 2007, ch. 7, sec. 1, p. 7.]
Idaho Code § 18-7015 — Idaho Code / Title 18 / Chapter 70 / Section 18-7015
18-7015 TRESPASS ON INCLOSURE FOR FUR-BEARING ANIMALS.
Status: in_force

18-7015. Trespass on inclosure for fur-bearing animals. When the owner of any inclosure wherein foxes or other fur-bearing animals are held in captivity, shall erect a fence or other barrier around the same and within the boundaries of the premises under the exclusive dominion and control of such owner, and shall post warning signs in conspicuous places along such fence or barrier prohibiting trespass on the clear space between such fence or barrier and the inclosure aforesaid, it shall be unlawful for any person, without the permission of such owner, to cross such fence or barrier or trespass upon such clear space.

Any person violating the provisions hereof shall be deemed guilty of a misdemeanor.

History:

[18-7015, added 1972, ch. 336, sec. 1, p. 976.]
Idaho Code § 18-7303 — Idaho Code / Title 18 / Chapter 73 / Section 18-7303
18-7303 DENIAL OF RIGHT TO WORK OR ACCOMMODATIONS A MISDEMEANOR.
Status: in_force

18-7303. Denial of right to work or accommodations a misdemeanor. Every person shall be guilty of a misdemeanor who denies to any other person because of race, creed, color, sex, or national origin the right to work: (a) by refusing to hire, (b) by discharging, (c) by barring from employment, or (d) by discriminating against such person in compensation or in other terms or conditions of employment; or who denies to any other person because of race, creed, color, sex, or national origin, the full enjoyment of any of the accommodations, advantages, facilities or privileges of any place of public resort, accommodation, assemblage, or amusement, provided, however, that denial of the right to work on the basis of sex shall be permissible in situations where sex is a bona fide occupational qualification reasonably necessary to the normal operation of the business.

History:

[I.C., sec. 18-7303, as added by 1972, ch. 336, sec. 1, p. 981.]
Idaho Code § 18-5903 — Idaho Code / Title 18 / Chapter 59 / Section 18-5903
18-5903 PUNISHMENT FOR NUISANCE.
Status: in_force

18-5903. Punishment for nuisance. Every person who maintains or commits any public nuisance, the punishment for which is not otherwise prescribed, or who wilfully omits to perform any legal duty relating to the removal of a public nuisance, is guilty of a misdemeanor.

History:

[18-5903, added 1972, ch. 336, sec. 1, p. 958.]
Idaho Code § 18-6001 — Idaho Code / Title 18 / Chapter 60 / Section 18-6001
18-6001 PERMITTING COLLISION CAUSING DEATH.
Status: in_force

18-6001. Permitting collision causing death. Every conductor, engineer, brakeman, switchman, or other person having charge, wholly or in part, of any railroad, car, locomotive or train, who wilfully or negligently suffers or causes the same to collide with another car, locomotive or train, or with any other object or thing whereby the death of a human being is produced, is punishable by imprisonment in the state prison for not less than one (1) nor more than ten (10) years.

History:

[18-6001, added 1972, ch. 336, sec. 1, p. 958.]
Idaho Code § 18-8803 — Idaho Code / Title 18 / Chapter 88 / Section 18-8803
18-8803 DETERMINATION OF FETAL HEARTBEAT.
Status: in_force

18-8803. determination of fetal heartbeat. Any person who intends to perform or induce an abortion on a pregnant woman must determine if there is the presence of any fetal heartbeat, except in the case of a medical emergency. In testing for any fetal heartbeat, the person conducting the physical examination on the pregnant woman must determine in his reasonable medical judgment and according to standard medical practice whether or not any fetal heartbeat is present. The person who determines the presence or absence of any fetal heartbeat must record in the pregnant woman's medical record the estimated gestational age of the preborn human individual or individuals, the method used to test for the fetal heartbeat, the date and time of the test, and the results of the test.

History:

[(18-8803) 18-8703, added 2021, ch. 289, sec. 1, p. 868; am. and redesig. 2022, ch. 111, sec. 10, p. 373; am. and redesig. 2022, ch. 153, sec. 2, p. 536.]
Idaho Code § 18-4113 — Idaho Code / Title 18 / Chapter 41 / Section 18-4113
18-4113 UNIFORM ENFORCEMENT — ABROGATION OF EXISTING ORDINANCES — FURTHER LOCAL ORDINANCES BANNED.
Status: in_force

18-4113. Uniform enforcement — Abrogation of existing ordinances — Further local ordinances banned. In order to make the application and enforcement of this act uniform throughout the state, it is the intent of the legislature to preempt, to the exclusion of city and county governments, the regulation of the sale, loan, distribution, dissemination, presentation, or exhibition of material or live conduct which is obscene. To that end, it is hereby declared that every city or county ordinance adopted before the effective date of this act which deals with the sale, loan, distribution, dissemination, presentation, or exhibition of material or live conduct which is obscene shall stand abrogated and unenforceable on or after such effective date; and that no city or county government shall have the power to adopt any ordinance relating to the regulation of the sale, loan, distribution, dissemination, presentation, or exhibition of material or live conduct which is obscene on or after such effective date.

History:

[I.C., sec. 18-4113, as added by 1973, ch. 305, sec. 16, p. 655.]
Idaho Code § 18-7708 — Idaho Code / Title 18 / Chapter 77 / Section 18-7708
18-7708 PENALTY.
Status: in_force

18-7708. Penalty. It shall be unlawful for any person to willfully violate any provision of this act. Any such violation shall constitute a misdemeanor.

History:

[18-7708, added 1979, ch. 119, sec. 8, p. 369]
Idaho Code § 18-4908 — Idaho Code / Title 18 / Chapter 49 / Section 18-4908
18-4908 PERMITTING PREMISES TO BE USED FOR LOTTERY.
Status: in_force

18-4908. Permitting premises to be used for lottery. Every person who lets, or permits to be used, any building or vessel, or any portion thereof, knowing that it is to be used for setting up, managing or drawing any lottery, or for the purpose of selling or disposing of lottery tickets, is guilty of a misdemeanor.

History:

[18-4908, added 1972, ch. 336, sec. 1, p. 946.]
Idaho Code § 18-110 — Idaho Code / Title 18 / Chapter 1 / Section 18-110
18-110 GRADES OF CRIME.
Status: in_force

18-110. Grades of crime. Crimes are divided into:

1. Felonies; and

2. Misdemeanors.

History:

[18-110, added 1972, ch. 336, sec. 1, p. 848.]
Idaho Code § 18-4903 — Idaho Code / Title 18 / Chapter 49 / Section 18-4903
18-4903 TRAFFIC IN LOTTERY TICKETS.
Status: in_force

18-4903. Traffic in lottery tickets. Every person who sells, gives, or in any manner whatever furnishes or transfers to or for any other person any ticket, chance, share or interest, or any paper, certificate or instrument, purporting, or understood to be, or to represent any ticket, chance, share or interest in, or depending upon the event of any lottery, is guilty of a misdemeanor.

History:

[I.C., sec. 18-4903, as added by 1972, ch. 336, sec. 1, p. 945.]
Idaho Code § 18-2902 — Idaho Code / Title 18 / Chapter 29 / Section 18-2902
18-2902 PUNISHMENT.
Status: in_force

18-2902. Punishment. False imprisonment is punishable by fine not exceeding $5000, or by imprisonment in the county jail not more than one (1) year, or both.

History:

[18-2902, added 1972, ch. 336, sec. 1, p. 902.]
Idaho Code § 18-2319 — Idaho Code / Title 18 / Chapter 23 / Section 18-2319
18-2319 ATTEMPT TO INFLUENCE VOTES.
Status: in_force

18-2319. Attempt to influence votes. No person shall attempt to influence the vote of any elector by means of a promise or a favor, or by means of violence or threats of violence, or threats of withdrawing custom or dealing in business or trade, or enforcing the payment of a debt, or discharging from employment, or bringing a suit or criminal prosecution, or any other threat of injury to be inflicted by him, or by any other means.

History:

[18-2319, added 1972, ch. 336, sec. 1, p. 892.]
Idaho Code § 18-7804 — Idaho Code / Title 18 / Chapter 78 / Section 18-7804
18-7804 PROHIBITED ACTIVITIES — PENALTIES.
Status: in_force

18-7804. Prohibited activities — Penalties. (a) It is unlawful for any person who has received any proceeds derived directly or indirectly from a pattern of racketeering activity in which the person has participated, to use or invest, directly or indirectly, any part of the proceeds or the proceeds derived from the investment or use thereof in the acquisition of any interest in, or the establishment or operation of, any enterprise or real property. Whoever violates this subsection is guilty of a felony.

(b) It is unlawful for any person to engage in a pattern of racketeering activity in order to acquire or maintain, directly or indirectly, any interest in or control of any enterprise or real property. Whoever violates this subsection is guilty of a felony.

(c) It is unlawful for any person employed by or associated with any enterprise to conduct or participate, directly or indirectly, in the conduct of the affairs of such enterprise by engaging in a pattern of racketeering activity. Whoever violates the provisions of this subsection is guilty of a felony.

(d) It is unlawful for any person to conspire to violate any of the provisions of subsections (a) through (c) of this section. Whoever violates the provisions of this subsection is guilty of a felony.

(e) Whoever violates the provisions of this act is punishable by a fine not to exceed twenty-five thousand dollars ($25,000) and/or imprisonment not to exceed a term of fourteen (14) years in the Idaho state penitentiary.

(f) Upon a conviction of a violation under the provisions of this chapter, the court may order restitution for all costs and expenses of prosecution and investigation, pursuant to the terms and conditions set forth in section 37-2732(k), Idaho Code.

(g) In addition to any other penalties prescribed by law, whoever violates any provisions of this act shall forfeit to the state of Idaho:

(1) Any interest acquired or maintained in violation of the racketeering act; and

(2) Any interest in, security of, claim against or property or contractual right of any kind affording a source of influence over any enterprise which he has established, operated, controlled, conducted or participated in the conduct of in violation of the provisions of the racketeering act.

(h) In any action brought by the state under the racketeering act, the district court shall have jurisdiction to enter such restraining orders or prohibitions, or to take such other actions, including, but not limited to, the acceptance of satisfactory performance bonds, in connection with any property or other interest subject to forfeiture under the provisions of this section, as it shall deem proper.

(i) Upon conviction of a person under the provisions of this section, the court shall authorize the attorney general or the proper prosecuting attorney to seize all property or other interest declared forfeited under the provisions of this section upon such terms and conditions as the court shall deem proper, making due provision for the rights of innocent persons. If a property right or other interest is not exercisable or transferable for value by the convicted person, it shall expire and shall not revert to the convicted person.

History:

[18-7804, added 1981, ch. 219, sec. 1, p. 408; am. 1993, ch. 105, sec. 2, p. 269.]
Idaho Code § 18-6010 — Idaho Code / Title 18 / Chapter 60 / Section 18-6010
18-6010 OBSTRUCTION OR INTERFERENCE WITH RAILROAD.
Status: in_force

18-6010. Obstruction or interference with railroad. Any person or persons who shall wilfully or maliciously place any obstruction on any railroad track or roadbed, or street car track in this state, or who shall loosen, tear up, remove or misplace any rail, switch, frog, guard rail, cattle guard, or any part of such railroad track or roadbed or street car track, or who shall tamper with or molest any such road, roadbed or track, or who shall destroy or damage any locomotive, motor or car on said track, or who shall otherwise interfere with the maintenance or operation of such road so as to endanger the safety of any train, car, motor or engine, or so as to endanger or injure any passenger or person riding thereon, or being about the same, shall, upon conviction thereof, be punished by imprisonment in the penitentiary for any term not exceeding twenty (20) years nor less than five (5) years.

History:

[I.C., sec. 18-6010, as added by 1972, ch. 336, sec. 1, p. 844.]
Idaho Code § 18-3307 — Idaho Code / Title 18 / Chapter 33 / Section 18-3307
18-3307 CIVIL LIABILITY FOR INJURY BY FIREARM.
Status: in_force

18-3307. Civil liability for injury by firearm. Any party maimed or wounded by the discharge of any firearm aforesaid, or the heirs or representatives of any person who may be killed by such discharge, may have an action against the party offending, for damages, which shall be found by a jury, and such damages, when found, may in the discretion of the court before which such action is brought, be doubled.

History:

[18-3307, added 1972, ch. 336, sec. 1, p. 912.]
Idaho Code § 18-6711 — Idaho Code / Title 18 / Chapter 67 / Section 18-6711
18-6711 USE OF TELEPHONE TO TERRIFY, INTIMIDATE, HARASS OR ANNOY BY FALSE STATEMENTS — PENALTIES.
Status: in_force

18-6711. Use of telephone to terrify, intimidate, harass or annoy by false statements — Penalties. (1) Every person who telephones another and knowingly makes any false statements concerning injury, death, disfigurement, indecent conduct or criminal conduct of the person telephoned or any member of his family, with intent to terrify, intimidate, harass or annoy the called person, is guilty of a misdemeanor. Upon a second or subsequent conviction of the violation of the provisions of this section, the defendant shall be guilty of a felony.

(2) The making of a false statement as herein set out may be prima facie evidence of intent to terrify, intimidate, harass or annoy.

(3) For the purposes of this section, the term "telephone" shall mean any device which provides transmission of messages, signals, facsimiles, video images or other communication between persons who are physically separated from each other by means of telephone, telegraph, cable, wire or the projection of energy without physical connection.

History:

[18-6711, added 1980, ch. 326, sec. 2, p. 842; am. 1994, ch. 167, sec. 6, p. 376.]
Idaho Code § 18-9004 — Idaho Code / Title 18 / Chapter 90 / Section 18-9004
18-9004 ILLEGAL REENTRY BY CERTAIN ALIENS.
Status: in_force

18-9004. illegal reentry by certain aliens. (1) A person who is an alien commits an offense if the person enters, attempts to enter, or is at any time found in this state after the person:

(a) Has been denied admission to or excluded, deported, or removed from the United States; or

(b) Has departed from the United States while an order of exclusion, deportation, or removal is outstanding.

(2) A violation of this section shall be a misdemeanor, except that the violation shall be a felony if:

(a) The defendant's removal was subsequent to a conviction for commission of two (2) or more misdemeanors involving drugs, crimes against a person, or both;

(b) The defendant was excluded pursuant to 8 U.S.C. 1225(c) because the defendant was excludable under 8 U.S.C. 1182(a)(3)(B);

(c) The defendant was removed pursuant to the provisions of 8 U.S.C. chapter 12, subchapter V; or

(d) The defendant was removed pursuant to 8 U.S.C. 1231(a)(4)(B).

(3) For purposes of this section, "removal" includes any agreement in which an alien stipulates to removal pursuant to a criminal proceeding pursuant to either federal or state law.

(4) Law enforcement officers may enforce the provisions of this section only when a person is detained or investigated for suspected commission of an independent crime under title 18, Idaho Code, excluding this chapter, or under chapter 27, title 37, Idaho Code.

(5) It shall be an affirmative defense to prosecution under this section that:

(a) The defendant was not investigated for, charged with, or convicted of committing the independent crime for which the defendant was detained or investigated pursuant to subsection (4) of this section;

(b) The attorney general of the United States or the secretary of the United States department of homeland security has expressly consented to the defendant's entry into, reentry into, or presence in the United States; or

(c) The federal government has affirmatively granted the defendant permission to remain in the United States under a provision of the immigration and nationality act or other federal statute.

(6) Notwithstanding any other provision of law to the contrary, a defendant shall not be eligible for deferred adjudication or withheld judgment if the defendant is charged with or convicted of an offense pursuant to this section.

History:

[18-9004, added 2025, ch. 183, sec. 1, p. 858; am. 2026, ch. 165, sec. 3, p. 725.]
Idaho Code § 18-8401 — Idaho Code / Title 18 / Chapter 84 / Section 18-8401
18-8401 SHORT TITLE.
Status: in_force

18-8401. Short title. This chapter shall be known and may be cited as the "Juvenile Sex Offender Registration Notification and Community Right-to-Know Act."

History:

[18-8401, added 1998, ch. 412, sec. 1, p. 1299.]
Idaho Code § 18-7805 — Idaho Code / Title 18 / Chapter 78 / Section 18-7805
18-7805 RACKETEERING — CIVIL REMEDIES.
Status: in_force

18-7805. Racketeering — Civil remedies. (a) A person who sustains injury to his person, business or property by a pattern of racketeering activity may file an action in the district court for the recovery of three (3) times the actual damages proved and the cost of the suit, including reasonable attorney's fees.

(b) The state, through the attorney general or the proper county prosecuting attorney, may file an action on behalf of those persons injured or to prevent, restrain or remedy racketeering as defined by the racketeering act.

(c) The district court has jurisdiction to prevent, restrain and remedy racketeering after making provisions for the rights of all innocent persons affected by such violation and after hearing or trial, as appropriate, by issuing appropriate orders. Prior to a determination of liability, such orders may include, but are not limited to, entering restraining orders or prohibitions or taking such other actions, including the acceptance of satisfactory performance bonds, in connection with any property or other interest subject to damages, forfeiture or other restraints pursuant to this section as it deems proper.

(d) Following a determination of liability, such orders may include, but are not limited to:

(1) Ordering any person to divest himself of any interest, direct or indirect, in any enterprise;

(2) Imposing reasonable restrictions on the future activities or investments of any person;

(3) Ordering dissolution or reorganization of any enterprise;

(4) Ordering the payment of three (3) times the damages proved to those persons injured by racketeering;

(5) Ordering the suspension or revocation of a license, permit or prior approval granted to any enterprise by any agency of the state;

(6) Ordering the forfeiture of the charter of a corporation organized under the laws of the state or the revocation of a certificate authorizing a foreign corporation to conduct business within this state; and

(7) Ordering the payment of all costs and expenses of the prosecution and investigation of any offense included in the definition of racketeering incurred by a municipal, county or state government agency to the agency incurring the costs or expenses.

History:

[18-7805, added 1981, ch. 219, sec. 1, p. 409; am. 1998, ch. 111, sec. 1, p. 415.]
Idaho Code § 18-2308 — Idaho Code / Title 18 / Chapter 23 / Section 18-2308
18-2308 ATTEMPT OF OFFICER TO ASCERTAIN VOTE.
Status: in_force

18-2308. Attempt of officer to ascertain vote. Every officer, judge, or clerk of an election, who, previous to putting the ballot of an elector in the ballot box, attempts to find out any name on such ballot, or who opens, or suffers the folded ballot of any elector that has been handed in, to be opened or examined previous to putting the same into the ballot box, or who makes, or places any mark or device on any folded ballot, with a view to ascertain the name of any person for whom the elector has voted, or who, without the consent of the elector, discloses the name of any person which such officer, judge, or clerk has fraudulently or illegally discovered to have been voted for by such elector, is punishable by fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000).

History:

[18-2308, added 1972, ch. 336, sec. 1, p. 890; am. 2006, ch. 71, sec. 3, p. 217.]
Idaho Code § 18-1003 — Idaho Code / Title 18 / Chapter 10 / Section 18-1003
18-1003 PURCHASE OF EVIDENCE OF DEBT.
Status: in_force

18-1003. Purchase of evidence of debt. Every attorney, public officer, or licensed collector, who, either directly or indirectly, buys or is interested in buying any evidence of debt or thing in action, with intent to bring suit thereon, is guilty of a misdemeanor.

History:

[18-1003, added 1972, ch. 336, sec. 1, p. 867.]
Idaho Code § 18-3312 — Idaho Code / Title 18 / Chapter 33 / Section 18-3312
18-3312 INJURING ANOTHER BY CARELESS HANDLING AND DISCHARGE OF FIREARMS.
Status: in_force

18-3312. Injuring another by careless handling and discharge of firearms. Any person who handles, uses or operates any firearm in a careless, reckless or negligent manner, or without due caution and circumspection, whereby the same is fired or discharged and maims, wounds or injures any other person or persons, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one thousand dollars ($1,000), or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment.

History:

[18-3312, as added by 1972, ch. 336, sec. 1, p. 913; am. 2005, ch. 359, sec. 6, p. 1135.]
Idaho Code § 18-705 — Idaho Code / Title 18 / Chapter 7 / Section 18-705
18-705 RESISTING AND OBSTRUCTING OFFICERS.
Status: in_force

18-705. Resisting and obstructing officers. Every person who wilfully resists, delays or obstructs any public officer, in the discharge, or attempt to discharge, of any duty of his office or who knowingly gives a false report to any peace officer, when no other punishment is prescribed, is punishable by a fine not exceeding one thousand dollars ($1,000), and imprisonment in the county jail not exceeding one (1) year.

History:

[18-705, added 1972, ch. 336, sec. 1, p. 863; am. 1982, ch. 50, sec. 1, p. 75.]
Idaho Code § 18-907 — Idaho Code / Title 18 / Chapter 9 / Section 18-907
18-907 AGGRAVATED BATTERY DEFINED.
Status: in_force

18-907. Aggravated battery defined. (1) A person commits aggravated battery who, in committing battery:

(a) Causes great bodily harm, permanent disability or permanent disfigurement; or

(b) Uses a deadly weapon or instrument; or

(c) Uses any vitriol, corrosive acid, or a caustic chemical of any nature; or

(d) Uses any poison or other noxious or destructive substance or liquid; or

(e) Upon the person of a pregnant female, causes great bodily harm, permanent disability or permanent disfigurement to an embryo or fetus.

(2) For purposes of this section the terms "embryo" or "fetus" shall mean any human in utero.

(3) There shall be no prosecution under subsection (1)(e) of this section:

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

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

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

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

History:

[18-907, added 1979, ch. 227, sec. 2, p. 625; am. 2002, ch. 330, sec. 4, p. 936; am. 2002, ch. 337, sec. 2, p. 954.]
Idaho Code § 18-5612 — Idaho Code / Title 18 / Chapter 56 / Section 18-5612
18-5612 PROPERTY SUBJECT TO CRIMINAL FORFEITURE.
Status: in_force

18-5612. property subject to criminal forfeiture. (1) Any person who is found guilty of, who enters a plea of guilty or who is convicted of a violation of section 18-5602, 18-5603, 18-5604, 18-5605, 18-5606, 18-5608, 18-5609, 18-5610, 18-5611, 18-5613, or 18-5614, Idaho Code, no matter the form of the judgment or order withholding judgment, shall forfeit to the state of Idaho:

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

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

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

History:

[18-5612, added 2013, ch. 240, sec. 2, p. 567; am. 2024, ch. 147, sec. 14, p. 562.]
Idaho Code § 18-711 — Idaho Code / Title 18 / Chapter 7 / Section 18-711
18-711 UNLAWFUL EXERCISE OF FUNCTIONS OF PEACE OFFICERS — UNLAWFUL IMPORTATION OF POLICE OFFICERS — SUPPRESSION OF VIOLENCE — EXCEPTIONS.
Status: in_force

18-711. Unlawful exercise of functions of peace officers — Unlawful importation of police officers — Suppression of violence — Exceptions. 1. Any person who shall in this state unlawfully exercise or attempt to exercise the functions of, or hold himself out to any one as, a deputy sheriff, marshal, policeman, constable or peace officer, or any person, whether acting in his own behalf or as an officer of the law, or as the authorized or unauthorized agent or representative of another, or of any association, corporation or company, who shall bring or cause to be brought, or aid in bringing into this state any armed or unarmed police force or detective agency or force, or any armed or unarmed body of men for the suppression of domestic violence, shall be guilty of a felony, and on conviction thereof shall be punished by imprisonment in the state prison for not less than two (2) years and not more than five (5) years: provided, that the legislature, or the executive when the legislature can not be convened, may call upon the lawfully constituted authorities of the United States for the protection against invasion and domestic violence, as provided in section 4 of article 4 of the Constitution of the United States.

2. This section shall not apply to a law enforcement officer who pursuant to an interlocal cooperation plan upon receiving an emergency request from an Idaho law enforcement officer enters Idaho to give assistance; nor shall this section apply to the Idaho law enforcement officer who makes a request for emergency assistance.

History:

[I.C., sec. 18-711, as added by S.L. 1972, ch. 336, sec. 1, p. 863; am. 1975, ch. 130, sec. 1, p. 287.]
Idaho Code § 18-2003 — Idaho Code / Title 18 / Chapter 20 / Section 18-2003
18-2003 RENUNCIATION OF CRIMINAL PURPOSE.
Status: in_force

18-2003. Renunciation of criminal purpose. It is an affirmative defense that the defendant, after soliciting another person to commit a crime, persuaded him not to do so or otherwise prevented the commission of the crime, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose.

History:

[18-2003, added 1982, ch. 270, sec. 1, p. 702.]
Idaho Code § 18-8620 — Idaho Code / Title 18 / Chapter 86 / Section 18-8620
18-8620 JURISDICTION — DEPOSITIONS.
Status: in_force

18-8620. jurisdiction — depositions. (1) The district courts of the state of Idaho shall have jurisdiction over:

(a) Property for which forfeiture is sought that is within the state at the time the action is filed; and

(b) The interest of a co-owner or interest holder in the property, if the co-owner or interest holder is subject to personal jurisdiction in this state.

(2) In order to facilitate the identification and location of property declared forfeited after the entry of an order declaring property forfeited to the state of Idaho, the court may, upon application of the state of Idaho, order that the testimony of any witness relating to the property forfeited be taken by deposition and that any designated book, paper, document, record, recording, or other material not privileged be produced at the same time and place, in the same manner as provided for the taking of depositions under rule 27 of the Idaho rules of civil procedure.

History:

[18-8620, added 2024, ch. 147, sec. 41, p. 575.]
Idaho Code § 18-4502 — Idaho Code / Title 18 / Chapter 45 / Section 18-4502
18-4502 FIRST DEGREE KIDNAPPING — RANSOM.
Status: in_force

18-4502. First degree kidnapping — Ransom. Any kidnapping committed for the purpose of obtaining money, property or any other thing of value for the return or disposition of such person kidnapped, or committed for the purpose of raping, or committing serious bodily injury upon the person kidnapped, or committing any lewd and lascivious act upon any child under the age of sixteen (16) years with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of any person, shall be kidnapping in the first degree.

History:

[18-4502, added 1972, ch. 336, sec. 1, p. 937; am. 1978, ch. 254, sec. 1, p. 555; am. 1981, ch. 321, sec. 1, p. 671; am. 2022, ch. 124, sec. 15, p. 448.]
Idaho Code § 18-1358 — Idaho Code / Title 18 / Chapter 13 / Section 18-1358
18-1358 SELLING POLITICAL INDORSEMENT — SPECIAL INFLUENCE.
Status: in_force

18-1358. Selling political indorsement — Special influence. (1) Selling political indorsement. A person commits a misdemeanor if he solicits, receives, agrees to receive, or agrees that any political party or other person shall receive any pecuniary benefit as consideration for approval or disapproval of an appointment or advancement in public service, or for approval or disapproval of any person or transaction for any benefit conferred by an official or agency of the government. "Approval" includes recommendations, failure to disapprove, or any other manifestation of favor or acquiescence. "Disapproval" includes failure to approve, or any other manifestation of disfavor or nonacquiescence.

(2) Other trading in special influence. A person commits a misdemeanor if he solicits, receives or agrees to receive any pecuniary benefit as consideration for exerting special influence upon a public servant or procuring another to do so. "Special influence" means power to influence through kinship, friendship, or other relationship apart from the merits of the transaction.

(3) Paying for indorsement or special influence. A person commits a misdemeanor if he offers, confers or agrees to confer any pecuniary benefit, receipt of which is prohibited by this section.

History:

[18-1358, added 1972, ch. 381, sec. 20, p. 1102.]
Idaho Code § 18-5627 — Idaho Code / Title 18 / Chapter 56 / Section 18-5627
18-5627 BAR ON INTERVENTION.
Status: in_force

18-5627. BAR ON INTERVENTION. Except as provided in sections 18-5623 and 18-5624, Idaho Code, no party claiming an interest in property subject to forfeiture under this section may:

(1) Intervene in a trial or appeal of a criminal case involving the forfeiture of such property under the provisions of this chapter; or

(2) Commence an action at law or equity against the state of Idaho concerning the validity of his alleged interest in the property subsequent to the filing of an indictment or information alleging that the property is subject to forfeiture under this chapter.

History:

[18-5627, added 2013, ch. 249, sec. 10, p. 607.]
Idaho Code § 18-3910 — Idaho Code / Title 18 / Chapter 39 / Section 18-3910
18-3910 EVASION OF TOLL.
Status: in_force

18-3910. Evasion of toll. Every person not exempt from paying tolls who crosses on any ferry or toll bridge, or passes through any toll gate, lawfully kept, without paying the toll therefor and with intent to avoid such payment is punishable by fine not exceeding $20.00.

History:

[I.C., sec. 18-3910, as added by 1972, ch. 336, sec. 1, p. 926.]
Idaho Code § 18-5401 — Idaho Code / Title 18 / Chapter 54 / Section 18-5401
18-5401 PERJURY DEFINED.
Status: in_force

18-5401. Perjury defined. Every person who, having taken an oath that he will testify, declare, depose, or certify truly, before any competent tribunal, legislative committee, officer, or person in any of the cases in which such an oath may by law be administered, wilfully and contrary to such oath, states as true any material matter which he knows to be false, is guilty of perjury.

History:

[18-5401, added 1972, ch. 336, sec. 1, p. 948; am. 1995, ch. 232, sec. 5, p. 789.]
Idaho Code § 18-1517B — Idaho Code / Title 18 / Chapter 15 / Section 18-1517B
18-1517B CHILDREN'S SCHOOL AND LIBRARY PROTECTION.
Status: in_force

18-1517B. Children's School and Library Protection. (1) This section shall be known and may be cited as the "Children's School and Library Protection Act."

(2) Notwithstanding any other provision of law, a school or public library, or an agent thereof, shall not promote, give, or make available to a minor any material that is sexually explicit and, taken as a whole, is harmful to minors.

(3) Any minor who obtains material, or parent or legal guardian whose child obtained material, in violation of the provisions of subsection (2) of this section from a school or public library shall have a cause of action against such institution if:

(a) The institution gave or made available the material, or the institution failed to take reasonable steps to restrict access by minors to the material;

(b) Prior to the filing of a cause of action, the minor, parent, or legal guardian has provided written notice to the school or public library asking for the relocation of such material to a section designated for adults only within sixty (60) days of receipt of the written notice; and

(c) Upon receipt of written notice and subsequent to the expiration of sixty (60) days, the institution's library board or board of trustees failed to relocate the material to an area with adult access only.

(4) Any minor, parent, or legal guardian who prevails in an action brought under this section may recover two hundred fifty dollars ($250) in statutory damages as well as actual damages and any other relief available by law, including but not limited to injunctive relief sufficient to prevent the defendant school or public library from violating the requirements of this section.

(5) A county prosecuting attorney or the attorney general shall have a cause of action for injunctive relief against any school or public library that violates the provisions of subsection (2) of this section. The injunction shall be sufficient to prevent the defendant school or public library from violating the requirements of this section.

(6) It shall be an affirmative defense to civil liability under this section that the defendant:

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

(b) Verified the minor involved was accompanied, at the time of the act, by his parent or legal guardian, or by another adult and the adult represented that he was the minor's parent or legal guardian and signed a written statement to that effect.

(7) Each school and public library shall have a policy and readily accessible form allowing a person to request review of material the person considers to be harmful to minors. Such form shall contain the definitions of "sexually explicit" and "harmful to minors," as provided in section 18-1514, Idaho Code.

(8) Any action brought pursuant to this section by or on behalf of a minor shall be in accordance with the provisions of chapter 9, title 6, Idaho Code, section 5-306, Idaho Code, and rule 17 of the Idaho rules of civil procedure.

History:

[18-1517B, added 2024, ch. 327, sec. 2, p. 1081; am. 2026, ch. 343, sec. 3, p. 1337.]
Idaho Code § 18-7017 — Idaho Code / Title 18 / Chapter 70 / Section 18-7017
18-7017 DEFACING NATURAL SCENIC OBJECTS.
Status: in_force

18-7017. Defacing natural scenic objects. It shall be unlawful for any person to paint, sketch, or place in any manner or form or by any means, upon any rock or rocks or similar natural object or objects, any place within the state of Idaho, any sign, advertisement or picture or commercial or business name, for business or commercial purposes. Any person who violates the provisions of this section shall be deemed guilty of a misdemeanor.

History:

[18-7017, added 1972, ch. 336, sec. 1, p. 977.]
Idaho Code § 18-5629 — Idaho Code / Title 18 / Chapter 56 / Section 18-5629
18-5629 DISPOSITION OF PROPERTY.
Status: in_force

18-5629. disposition of property. On the motion of a party and after notice to any persons who are known to have an interest in the property and an opportunity to be heard, the court may order property that has been seized for forfeiture sold, leased, rented or operated to satisfy an interest of any interest holder who has timely filed a proper claim or to preserve the interests of any party. The court may order a sale or any other disposition of the property if the property may perish, waste, be foreclosed on or otherwise be significantly reduced in value or if the expenses of maintaining the property are or will become greater than its fair market value. If the court orders a sale, the court shall designate a third party or state property manager to dispose of the property by public sale or other commercially reasonable method and shall distribute the proceeds in the following order of priority:

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

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

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

(a) Retain it for official use; and/or

(b) Sell that which is not required to be destroyed by law and which is not harmful to the public, pursuant to section 18-5623 or 18-5624, Idaho Code.

History:

[18-5629, added 2013, ch. 249, sec. 12, p. 607.]
Idaho Code § 18-3123 — Idaho Code / Title 18 / Chapter 31 / Section 18-3123
18-3123 FORGERY OF A FINANCIAL TRANSACTION CARD.
Status: in_force

18-3123. Forgery of a financial transaction card. Any person who, with intent to defraud, counterfeits, falsely makes, embosses, or encodes magnetically or electronically any FTC, or who with intent to defraud, uses the financial transaction card account number or personal identification code of a card holder in the creation of a fictitious or counterfeit credit card sales draft, signs the name of another, or a fictitious name to an FTC, sales slip, sales draft, credit card sales draft, or any instrument for the payment of money which evidences an FTC transaction, shall be guilty of forgery and shall be punished under the current forgery statutes of the state of Idaho.

History:

[18-3123, added 1981, ch. 164, sec. 2, p. 289; am. 1991, ch. 331, sec. 2, p. 857.]
Idaho Code § 18-6304 — Idaho Code / Title 18 / Chapter 63 / Section 18-6304
18-6304 REFUSAL TO GIVE TAX COLLECTOR NAMES OF EMPLOYEES.
Status: in_force

18-6304. Refusal to give tax collector names of employees. Every person who, when requested by the collector of taxes or licenses, refuses to give to such collector the name and residence of each man in his employment, or to give such collector access to the building or place where such men are employed, is guilty of a misdemeanor.

History:

[18-6304, added 1972, ch. 336, sec. 1, p. 963.]
Idaho Code § 18-6007 — Idaho Code / Title 18 / Chapter 60 / Section 18-6007
18-6007 THEFT OF CAR PARTS — MURDER BY WRECKING.
Status: in_force

18-6007. Theft of car parts — Murder by wrecking. Any person or persons who shall remove, take, steal, change, add to, take from, or in any manner interfere with any journal bearings or brasses, or any parts or attachments of any locomotive, tender or car, or any fixture or attachment belonging thereto, connected with, or used in operating any locomotive, tender or car, owned, leased or used by any railway or transportation company in this state, is guilty of a felony, and upon conviction thereof shall be subject to punishment by imprisonment in the penitentiary not less than one (1) nor more than fourteen (14) years, or by a fine of up to fifty thousand dollars ($50,000), or by both such fine and imprisonment, in the discretion of the court: provided, that if the removal of such journal bearings or brasses, fixtures or attachments, as aforesaid, shall be the cause of wrecking any train, locomotive or other car in this state, whereby the life or lives of any person or persons shall be lost as the result of the felonious or malicious stealing, interfering with or removal of the fixtures, as aforesaid, the person or persons found guilty thereof shall be liable for murder as in other cases.

History:

[18-6007, added 1972, ch. 336, sec. 1, p. 959; am. 1994, ch. 263, sec. 3, p. 812.]
Idaho Code § 18-3126 — Idaho Code / Title 18 / Chapter 31 / Section 18-3126
18-3126 MISAPPROPRIATION OF PERSONAL IDENTIFYING INFORMATION.
Status: in_force

18-3126. Misappropriation of personal identifying information. It is unlawful for any person to obtain or record personal identifying information of another person without the authorization of that person, with the intent that the information be used to obtain, or attempt to obtain, credit, money, goods or services without the consent of that person.

History:

[18-3126, added 1999, ch. 124, sec. 3, p. 364; am. 2008, ch. 78, sec. 1, p. 205.]
Idaho Code § 18-8804 — Idaho Code / Title 18 / Chapter 88 / Section 18-8804
18-8804 ABORTION FOLLOWING DETECTION OF A FETAL HEARTBEAT PROHIBITED.
Status: in_force

18-8804. abortion following detection of a fetal heartbeat prohibited. (1) A person may not perform an abortion on a pregnant woman when a fetal heartbeat has been detected, except in the case of a medical emergency, in the case of rape as defined in section 18-6101, Idaho Code, or in the case of incest as described in section 18-6601, Idaho Code. In the case of rape or incest:

(a) If the woman is not a minor or subject to guardianship, then, prior to the performance of the abortion, the woman has reported the act of rape or incest to a law enforcement agency and provided a copy of such report to the physician who is to perform the abortion; or

(b) If the woman is a minor or subject to guardianship, then, prior to the performance of the abortion, the woman or her parent or guardian has reported the act of rape or incest to a law enforcement agency or child protective services and a copy of such report have been provided to the physician who is to perform the abortion.

(2) Nothing in this section recognizes a right to abortion before a fetal heartbeat is detected.

History:

[(18-8804) 18-8704, added 2021, ch. 289, sec. 1, p. 868; am. and redesig. 2022, ch. 111, sec. 10, p. 373; am. and redesig. 2022, ch. 124, sec. 19, p. 452; am. and redesig. 2022, ch. 152, sec. 3, p. 533.]
Idaho Code § 18-8010 — Idaho Code / Title 18 / Chapter 80 / Section 18-8010
18-8010 SURCHARGE ADDED TO ALL FINES.
Status: in_force

18-8010. Surcharge added to all fines. Every person who is convicted, found guilty, pleads guilty or receives a withheld judgment for violating the provisions of this chapter shall be required to pay an additional fifteen dollars ($15.00) in addition to any other fine, penalty or costs the court may assess. Moneys received pursuant to this section shall be remitted to the county treasurer in the county where the person was adjudicated for deposit in the "court interlock device and electronic monitoring device fund," which is hereby created in each county. Moneys in this fund may be utilized for the purchase of ignition interlock devices and electronic monitoring devices required pursuant to sections 18-8002, 18-8002A, 18-8005, 18-8008 and 18-8008A, Idaho Code. Additionally, any moneys a court charges a defendant for using an ignition interlock device or electronic monitoring devices shall be placed in this fund. The court or a prosecuting attorney who establishes a diversion program pursuant to section 19-3509, Idaho Code, may also utilize moneys in this fund to assist an indigent defendant or indigent diversion participant to procure an ignition interlock device or electronic monitoring devices. The court may also utilize moneys in this fund for alcohol or drug abuse-related probation, treatment or prevention programs for adults or juveniles.

History:

[18-8010, added 1988, ch. 339, sec. 4, p. 1009; am. 1996, ch. 417, sec. 1, p. 1387; am. 1998, ch. 416, sec. 1, p. 1314; am. 2018, ch. 254, sec. 7, p. 603; am. 2019, ch. 305, sec. 4, p. 911.]
Idaho Code § 18-706 — Idaho Code / Title 18 / Chapter 7 / Section 18-706
18-706 UNNECESSARY ASSAULTS BY OFFICERS.
Status: in_force

18-706. Unnecessary assaults by officers. Every public officer who, under color of authority, without lawful necessity, assaults or beats any person, is punishable by fine not exceeding $5,000 and imprisonment in the county jail not exceeding one (1) year.

History:

[18-706, added 1972, ch. 336, sec. 1, p. 844.]
Idaho Code § 18-4631 — Idaho Code / Title 18 / Chapter 46 / Section 18-4631
18-4631 FOREST SABOTAGE — PENALTY.
Status: in_force

18-4631. Forest sabotage — Penalty. (1) Every person who maliciously drives or places, in any tree, saw-log, shingle-bolt or other wood, any iron, steel, ceramic, or other substance sufficiently hard to injure saws, knowing that the tree is intended to be harvested or that the saw-log, shingle-bolt, or other wood is intended to be manufactured into any kind of lumber or other wood product, is guilty of a felony.

(2) Any person who violates the provisons of subsection (1) of this section and causes great bodily injury to another person other than an accomplice shall be sentenced to an extended term of imprisonment pursuant to section 19-2520B, Idaho Code.

History:

[18-4631, added 1988, ch. 322, sec. 1, p. 982.]
Idaho Code § 18-2002 — Idaho Code / Title 18 / Chapter 20 / Section 18-2002
18-2002 INNOCENCE OR INCAPACITY OF PERSON SOLICITED — NO DEFENSE.
Status: in_force

18-2002. Innocence or incapacity of person solicited — No defense. It is no defense to a prosecution for criminal solicitation that the person solicited could not be guilty of the crime solicited owing to criminal irresponsibility or other legal incapacity or exemption, or to unawareness of the criminal nature of the conduct solicited or of the defendant's criminal purpose or to other factors precluding the mental state required for the commission of the crime in question.

History:

[18-2002, added 1982, ch. 270, sec. 1, p. 701.]
Idaho Code § 18-1005 — Idaho Code / Title 18 / Chapter 10 / Section 18-1005
18-1005 EXCEPTION TO PRECEDING SECTION.
Status: in_force

18-1005. Exception to preceding section. The preceding section does not prohibit an attorney from defending himself in person as attorney or counsel, when prosecuted either civilly or criminally.

History:

[18-1005, added 1972, ch. 336, sec. 1, p. 867.]
Idaho Code § 18-2707 — Idaho Code / Title 18 / Chapter 27 / Section 18-2707
18-2707 BUYING APPOINTMENTS.
Status: in_force

18-2707. Buying appointments. Every person who gives or offers any gratuity or reward, in consideration that he or any other person shall be appointed to any public office, or shall be permitted to exercise or discharge the duties thereof, is guilty of a misdemeanor.

History:

[18-2707, added 1972, ch. 336, sec. 1, p. 900.]
Idaho Code § 18-622 — Idaho Code / Title 18 / Chapter 6 / Section 18-622
18-622 DEFENSE OF LIFE ACT.
Status: in_force

18-622. defense of life act. (1) Except as provided in subsection (2) of this section, every person who performs or attempts to perform an abortion as defined in 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. The professional license of any health care professional who performs or attempts to perform an abortion or who assists in performing or attempting to perform an abortion in violation of this subsection 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.

(2) The following shall not be considered criminal abortions for purposes of subsection (1) of this section:

(a) The abortion was performed or attempted by a physician as defined in this chapter and:

(i) The physician determined, in his good faith medical judgment and based on the facts known to the physician at the time, that the abortion was necessary to prevent the death of the pregnant woman. No abortion shall be deemed necessary to prevent the death of the pregnant woman because the physician believes that the woman may or will take action to harm herself; and

(ii) The physician performed or attempted to perform the abortion in the manner that, in his good faith medical judgment and based on the facts known to the physician at the time, provided the best opportunity for the unborn child to survive, unless, in his good faith medical judgment, termination of the pregnancy in that manner would have posed a greater risk of the death of the pregnant woman. No such greater risk shall be deemed to exist because the physician believes that the woman may or will take action to harm herself; or

(b) The abortion was performed or attempted by a physician as defined in this chapter during the first trimester of pregnancy and:

(i) If the woman is not a minor or subject to a guardianship, then, prior to the performance of the abortion, the woman has reported to a law enforcement agency that she is the victim of an act of rape or incest and provided a copy of such report to the physician who is to perform the abortion. The copy of the report shall remain a confidential part of the woman's medical record subject to applicable privacy laws; or

(ii) If the woman is a minor or subject to a guardianship, then, prior to the performance of the abortion, the woman or her parent or guardian has reported to a law enforcement agency or child protective services that she is the victim of an act of rape or incest and a copy of such report has been provided to the physician who is to perform the abortion. The copy of the report shall remain a confidential part of the woman's medical record subject to applicable privacy laws.

(3) If a report concerning an act of rape or incest is made to a law enforcement agency or child protective services pursuant to subsection (2)(b) of this section, then the person who made the report shall, upon request, be entitled to receive a copy of such report within seventy-two (72) hours of the report being made, provided that the report may be redacted as necessary to avoid interference with an investigation.

(4) Medical treatment provided to a pregnant woman by a health care professional as defined in this chapter that results in the accidental death of, or unintentional injury to, the unborn child shall not be a violation of this section.

(5) Nothing in this section shall be construed to subject a pregnant woman on whom any abortion is performed or attempted to any criminal conviction and penalty.

History:

[18-622, added 2020, ch. 284, sec. 1, p. 827, effective August 25, 2022; am. 2023, ch. 298, sec. 2, p. 907.]
Idaho Code § 18-5631 — Idaho Code / Title 18 / Chapter 56 / Section 18-5631
18-5631 CONSTRUCTION.
Status: in_force

18-5631. construction. The provisions of this chapter shall be liberally construed to effectuate its remedial purposes.

History:

[18-5631, added 2013, ch. 249, sec. 14, p. 608.]
Idaho Code § 18-6705 — Idaho Code / Title 18 / Chapter 67 / Section 18-6705
18-6705 PROHIBITION OF USE AS EVIDENCE OF INTERCEPTED WIRE, ELECTRONIC OR ORAL COMMUNICATIONS.
Status: in_force

18-6705. Prohibition of use as evidence of intercepted wire, electronic or oral communications. Whenever any wire, electronic or oral communication has been intercepted, no part of the contents of such communication and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the state, or a political subdivision thereof, if the disclosure of that information would be in violation of this chapter.

History:

[18-6705, added 1980, ch. 326, sec. 2, p. 836; am. 2002, ch. 223, sec. 5, p. 637.]
Idaho Code § 18-9010 — Idaho Code / Title 18 / Chapter 90 / Section 18-9010
18-9010 AUTHORITY TO TRANSPORT ILLEGAL ALIENS.
Status: in_force

18-9010. Authority to transport illegal aliens. A law enforcement official of the custodial authority shall be authorized to securely transport such illegal alien to a federal facility in this state or to any other temporary point of detention when complying with a valid immigration detainer or a federal arrest warrant or pursuant to release arranged with DHS pursuant to section 18-9009, Idaho Code.

History:

[18-9010, added 2025, ch. 183, sec. 1, p. 860.]
Idaho Code § 18-3001 — Idaho Code / Title 18 / Chapter 30 / Section 18-3001
18-3001 FALSE PERSONATION.
Status: in_force

18-3001. False personation. Every person who falsely personates another, and in such assumed character, either:

1. Becomes bail or surety for any party in any proceeding whatever, before any court or officer authorized to take such bail or surety; or

2. Verifies, publishes, acknowledges or proves in the name of another person, any written instrument, with the intent that the same may be recorded, delivered and used as true; or

3. Does any act whereby, if it were done by the person falsely personated, he might in any event, become liable to any suit or prosecution, or to pay any sum of money, or to incur any charge, forfeiture or penalty, or whereby any benefit might accrue to the party personating, or to any other person;

Is punishable by imprisonment in the county jail not exceeding two (2) years, or by a fine not exceeding $5000.

History:

[18-3001, added 1972, ch. 336, sec. 1, p. 902.]
Idaho Code § 18-6305 — Idaho Code / Title 18 / Chapter 63 / Section 18-6305
18-6305 DOING BUSINESS WITHOUT LICENSE.
Status: in_force

18-6305. Doing business without license. Every person who commences or carries on any business, trade, profession or calling, for the transaction or carrying on of which a license is required by any law of this state, without taking out or procuring the license prescribed by such law, is guilty of a misdemeanor.

History:

[18-6305, added 1972, ch. 336, sec. 1, p. 963.]
Idaho Code § 18-606 — Idaho Code / Title 18 / Chapter 6 / Section 18-606
18-606 UNLAWFUL ABORTIONS — ACCOMPLICE OR ACCESSORY — SUBMITTING TO — PENALTY.
Status: in_force

18-606. Unlawful abortions — Accomplice or accessory — Submitting to — Penalty. Except as permitted by this act:

(1) Every person who, as an accomplice or accessory to any violation of section 18-605, induces or knowingly aids in the production or performance of an abortion; and

(2) Every woman who knowingly submits to an abortion or solicits of another, for herself, the production of an abortion, or who purposely terminates her own pregnancy otherwise than by a live birth,

shall be deemed guilty of a felony and shall be fined not to exceed five thousand dollars ($5,000) and/or imprisoned in the state prison for not less than one (1) and not more than five (5) years; provided, however, that no hospital, nurse, or other health care personnel shall be deemed in violation of this section if in good faith providing services in reliance upon the directions of a physician or upon the hospital admission of a patient for such purpose on the authority of a physician.

History:

[18-606, added 1973, ch. 197, sec. 5, p. 442.]
Idaho Code § 18-5610 — Idaho Code / Title 18 / Chapter 56 / Section 18-5610
18-5610 UTILIZING A CHILD FOR COMMERCIAL SEXUAL ACTIVITY — PENALTIES.
Status: in_force

18-5610. utilizing a child for commercial sexual activity — penalties. Every person who engages in commercial sexual activity with a child shall be guilty of a felony punishable by imprisonment in the state penitentiary for a period of not less than two (2) years, which may be extended to life imprisonment, or by a fine not exceeding fifty thousand dollars ($50,000), or by both such imprisonment and fine.

History:

[18-5610, added 2013, ch. 240, sec. 1, p. 566; am. 2024, ch. 147, sec. 12, p. 562.]
Idaho Code § 18-5818 — Idaho Code / Title 18 / Chapter 58 / Section 18-5818
18-5818 VIOLATIONS A MISDEMEANOR.
Status: in_force

18-5818. Violations a misdemeanor. Any violation of this act shall constitute a misdemeanor.

History:

[I.C., sec. 18-5818, as added by 1972, ch. 336, sec. 1, p. 958.]
Idaho Code § 18-7041 — Idaho Code / Title 18 / Chapter 70 / Section 18-7041
18-7041 DAMAGE TO AQUACULTURE OPERATIONS.
Status: in_force

18-7041. Damage to aquaculture operations. (1) It is unlawful for any person to knowingly transfer, damage, vandalize, poison, or knowingly attempt to transfer, damage, vandalize or poison the product or facilities of a posted commercial aquaculture operation in Idaho, or to knowingly release or knowingly allow another person to release any poisonous or dangerous substance that comes in contact with any species in production in an aquaculture operation and causes damage to either the species in production or the aquaculture facility itself.

(2) Any person or persons violating any provision of this section when the value of the damage to either the species in production or the aquaculture facility itself is one thousand dollars ($1,000) or less shall be guilty of a misdemeanor. Any person or persons violating any provisions of this section when the value of the damage to either the species in production or the aquaculture facility itself is in excess of one thousand dollars ($1,000) shall be guilty of a felony and upon conviction thereof shall be punished by a term of imprisonment of not more than twenty (20) years or by a fine not in excess of ten thousand dollars ($10,000), or by both such fine and imprisonment.

(3) Nothing in this section shall be construed to limit the court's power to order restitution equal to the extent of the damage suffered by the aquaculture operation.

(4) Nothing in this section shall be construed to limit an aquaculture operation from proceeding in a civil action to seek any lawful civil remedy.

History:

[18-7041, added 2004, ch. 143, sec. 1, p. 473.]
Idaho Code § 18-1508 — Idaho Code / Title 18 / Chapter 15 / Section 18-1508
18-1508 LEWD CONDUCT WITH MINOR CHILD UNDER SIXTEEN.
Status: in_force

18-1508. Lewd conduct with minor child under sixteen. Any person who shall commit any lewd or lascivious act or acts upon or with the body or any part or member thereof of a minor child under the age of sixteen (16) years, including but not limited to, genital-genital contact, oral-genital contact, anal-genital contact, oral-anal contact, manual-anal contact, or manual-genital contact, whether between persons of the same or opposite sex, or who shall involve such minor child in any act of bestiality or sado-masochism 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 third party, shall be guilty of a felony and shall be imprisoned in the state prison for a term of not more than life.

History:

[(18-1508) I.C., sec. 18-6607, as added by 1973, ch. 1, sec. 1, p. 3; am. and redesignated 1984, ch. 63, sec. 2, p. 112; am. 1992, ch. 145, sec. 3, p. 441.]
Idaho Code § 18-5002 — Idaho Code / Title 18 / Chapter 50 / Section 18-5002
18-5002 PUNISHMENT FOR MAYHEM.
Status: in_force

18-5002. Punishment for mayhem. Mayhem is punishable by imprisonment in the state prison not exceeding fourteen years.

History:

[18-5002, added 1972, ch. 336, sec. 1, p. 947.]
Idaho Code § 18-2306 — Idaho Code / Title 18 / Chapter 23 / Section 18-2306
18-2306 ILLEGAL VOTING.
Status: in_force

18-2306. Illegal voting. Every person not entitled to vote who fraudulently votes and every person who votes more than once at any one (1) election or knowingly hands in two (2) or more tickets folded together shall be guilty of a felony.

History:

[18-2306, added 2026, ch. 63, sec. 2, p. 263.]
Idaho Code § 18-2201 — Idaho Code / Title 18 / Chapter 22 / Section 18-2201
18-2201 DEFINITIONS.
Status: in_force

18-2201. Definitions. As use in this chapter:

(1) To "access" means to instruct, communicate with, store data in, retrieve data from or otherwise make use of any resources of a computer, computer system, or computer network.

(2) "Computer" means, but is not limited to, an electronic device which performs logical, arithmetic, or memory functions by the manipulations of electronic or magnetic impulses, and includes all input, output, processing, storage, software, or communication facilities which are connected or related to such a device in a system or network.

(3) "Computer network" means, but is not limited to, the interconnection of communication lines (including microwave or other means of electronic communication) with a computer through remote terminals, or a complex consisting of two (2) or more interconnected computers.

(4) "Computer program" means, but is not limited to, a series of instructions or statements, in a form acceptable to a computer, which permits the functioning of a computer system in a manner designed to provide appropriate products from such computer system.

(5) "Computer software" means, but is not limited to, computer programs, procedures, and associated documentation concerned with the operation of a computer system.

(6) "Computer system" means, but is not limited to, a set of related, connected or unconnected, computer equipment, devices, and software.

(7) "Property" includes, but is not limited to, financial instruments, information, including electronically produced data, and computer software and programs in either machine or human readable form, and any other tangible or intangible item of value.

(8) "Services" include, but are not limited to, computer time, data processing, and storage functions.

History:

[18-2201, added 1984, ch. 68, sec. 1, p. 129.]
Idaho Code § 18-2306B — Idaho Code / Title 18 / Chapter 23 / Section 18-2306B
18-2306B TAMPERING WITH VOTING MACHINES OR VOTE TALLY SYSTEMS.
Status: in_force

18-2306B. tampering with voting machines or vote tally systems. Every person who violates the provisions of section 34-2404(1) or (2), Idaho Code, by tampering with a voting machine or vote tally system shall be guilty of a felony.

History:

[18-2306B, added 2026, ch. 63, sec. 4, p. 264.]
Idaho Code § 18-8006 — Idaho Code / Title 18 / Chapter 80 / Section 18-8006
18-8006 AGGRAVATED DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS OR ANY OTHER INTOXICATING SUBSTANCES.
Status: in_force

18-8006. Aggravated driving while under the influence of alcohol, drugs or any other intoxicating substances. (1) Any person causing great bodily harm, permanent disability or permanent disfigurement to any person other than himself in committing a violation of the provisions of section 18-8004(1)(a) or (1)(c), Idaho Code, is guilty of a felony, and upon conviction:

(a) Shall be sentenced to the state board of correction for not to exceed fifteen (15) 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, the first forty-eight (48) hours of which must be consecutive; 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; and

(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 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 be ordered by the court to pay restitution in accordance with chapter 53, title 19, Idaho Code.

(2) At the time of sentencing, the court shall inform the defendant that a second or subsequent offense of driving while under the influence of alcohol, drugs, or any other intoxicating substances that results in death may be considered vehicular manslaughter and may result in stricter punishment, including a mandatory fixed term of imprisonment of at least five (5) years for a second offense and a mandatory fixed term of imprisonment of at least ten (10) years for a third or subsequent offense, as provided in section 18-4007(3)(b)(ii) and (iii), Idaho Code. Failure by the court to inform the defendant of such information shall not prohibit the imposition of a mandatory fixed term of imprisonment, and proof of knowledge of the mandatory fixed term of imprisonment shall not be required for such term to be imposed.

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

History:

[18-8006, added 1984, ch. 22, sec. 2, p. 32; am. 1986, ch. 201, sec. 2, p. 504; am. 1989, ch. 88, sec. 63, p. 205; am. 1990, ch. 45, sec. 46, p. 117; am. 1997, ch. 114, sec. 2, p. 288; am. 2000, ch. 356, sec. 1, p. 1191; am. 2006, ch. 261, sec. 4, p. 814; am. 2025, ch. 171, sec. 3, p. 813.]
Idaho Code § 18-805 — Idaho Code / Title 18 / Chapter 8 / Section 18-805
18-805 AGGRAVATED ARSON — PENALTIES.
Status: in_force

18-805. Aggravated arson — Penalties. A person whose violation of sections 18-802, 18-803 or 18-804, Idaho Code, results, directly or indirectly, in great bodily harm, permanent disability, permanent disfigurement or death of a firefighter or any other person, regardless of intent or lack of intent to cause such harm, upon a finding of guilt thereon shall be sentenced to an extended term of imprisonment. The extended term of imprisonment shall be computed by increasing the sentence imposed for a conviction under such sections, by a period of not more than ten (10) years.

History:

[18-805, added 1993, ch. 107, sec. 6, p. 275.]
Idaho Code § 18-6707 — Idaho Code / Title 18 / Chapter 67 / Section 18-6707
18-6707 AUTHORIZATION FOR DISCLOSURE AND USE OF INTERCEPTED WIRE, ELECTRONIC OR ORAL COMMUNICATIONS.
Status: in_force

18-6707. Authorization for disclosure and use of intercepted wire, electronic or oral communications. (1) Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, electronic or oral communication, or evidence derived therefrom, may disclose such contents to another investigative or law enforcement officer to the extent that such disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure.

(2) Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, electronic or oral communication or evidence derived therefrom may use such contents to the extent such use is appropriate to the proper performance of his official duties.

(3) Any person who has received, by any means authorized by this chapter, any information concerning a wire, electronic or oral communication, or evidence derived therefrom intercepted in accordance with the provisions of this chapter may disclose the contents of that communication or such derivative evidence while giving testimony under oath or affirmation in any criminal proceeding in any court of this state, of the United States or of any state or in any political subdivision thereof.

(4) No otherwise privileged wire, electronic or oral communication intercepted in accordance with, or in violation of, the provisions of this chapter shall lose its privileged character.

(5) When an investigative or law enforcement officer, while engaged in intercepting wire, electronic or oral communications in the manner authorized herein, intercepts wire, electronic or oral communications relating to offenses other than those specified in the order of authorization, the contents thereof, and evidence derived therefrom, may be disclosed or used as provided in subsections (1), (2) and (3) of this section.

History:

[18-6707, added 1980, ch. 326, sec. 2, p. 837; am. 2002, ch. 223, sec. 7, p. 638.]
Idaho Code § 18-5602 — Idaho Code / Title 18 / Chapter 56 / Section 18-5602
18-5602 PROCUREMENT — DEFINITION AND PENALTY.
Status: in_force

18-5602. Procurement — Definition and penalty. Any person who induces, compels, entices, or procures another person to engage in commercial sexual activity shall be guilty of a felony punishable by imprisonment for a period of no less than two (2) years and no more than twenty (20) years or by a fine of no less than one thousand dollars ($1,000) and no more than fifty thousand dollars ($50,000), or by both such fine and imprisonment.

History:

[18-5602, added 1972, ch. 336, sec. 1, p. 951; am. 1981, ch. 324, sec. 2, p. 673; am. 1994, ch. 130, sec. 2, p. 292; am. 2024, ch. 147, sec. 4, p. 560.]
Idaho Code § 18-2507 — Idaho Code / Title 18 / Chapter 25 / Section 18-2507
18-2507 EXPENSE OF PROSECUTION — HOW PAID.
Status: in_force

18-2507. Expense of prosecution — How paid. Whenever a person is prosecuted under any of the provisions of section 18-2505, Idaho Code, and whenever a prisoner in the custody of the board of correction housed in a state correctional facility, as defined in section 18-101A, Idaho Code, shall be prosecuted for any crime committed therein, the clerk of the district court shall make out a statement of all the costs incurred by the county for the prosecution of such case, and for the guarding and keeping of such prisoner, and when certified by the judge who tried the case, such statement shall be submitted to and reviewed by the board of examiners. If approved, the board of examiners shall submit the claim to the Idaho department of correction who shall pay the claim to the treasurer of the county where the trial was conducted. The provisions of this section shall apply to prosecution of a prisoner in the custody of the board of correction and housed in a private correctional facility unless otherwise provided for in any contract between the state of Idaho and the private prison contractor entered into pursuant to chapter 2, title 20, Idaho Code.

Costs of prosecution of all other prisoners housed in a private correctional facility shall be recoverable from the private prison contractor, as provided in section 20-809, Idaho Code.

History:

[18-2507, added 1972, ch. 336, sec. 1, p. 897; am. 1984, ch. 79, sec. 1, p. 146; am. 1985, ch. 80, sec. 1, p. 155; am. 2000, ch. 272, sec. 7, p. 790; am. 2001, ch. 335, sec. 11, p. 1192; am. 2009, ch. 104, sec. 1, p. 320.]
Idaho Code § 18-5701 — Idaho Code / Title 18 / Chapter 57 / Section 18-5701
18-5701 MISUSE OF PUBLIC MONEYS BY PUBLIC OFFICERS AND PUBLIC EMPLOYEES.
Status: in_force

18-5701. Misuse of public moneys by public officers and public employees. No public officer or public employee shall:

(1) Without authority of law, appropriate public moneys or any portion thereof to his own use, or to the use of another; or

(2) Loan public moneys or any portion thereof; or, having the possession or control of any public moneys, make a profit, directly or indirectly out of public moneys, or use public moneys for any purpose not authorized by law; or

(3) Fail to keep public moneys in his possession until disbursed or paid out by authority of law when legally required to do so; or

(4) Deposit public moneys or any portion thereof in any bank, or with any banker or other person, otherwise than on special deposit, or as otherwise authorized by law; or

(5) Change or convert public moneys or any portion thereof from coin into currency, or from currency into coin or other currency, without authority of law; or

(6) Knowingly keep any false account, or make any false entry or erasure in any account of or relating to public moneys; or fraudulently alter, falsify, conceal, destroy or obliterate any such account; or

(7) Willfully refuse or omit to pay over, on demand, any public moneys in his hands, upon the presentation of a draft, order or warrant drawn upon such public moneys by competent authority; or

(8) Willfully omit to transfer public moneys when such transfer is required by law; or

(9) Willfully omit or refuse to pay over to any public officer, employee or person authorized by law to receive the same, any public moneys received by him under any duty imposed by law so to pay over the same; or

(10) Knowingly use any public moneys, or financial transaction card, financial transaction card account number or credit account issued to or for the benefit of any governmental entity to make any purchase, loan, guarantee or advance of moneys for any personal purpose or for any purpose other than for the use or benefit of the governmental entity.

History:

[18-5701, added 1972, ch. 336, sec. 1, p. 953; am. 2006, ch. 156, sec. 1, p. 471; am. 2008, ch. 56, sec. 1, p. 143.]
Idaho Code § 18-101B — Idaho Code / Title 18 / Chapter 1 / Section 18-101B
18-101B CRIMINAL LAWS APPLICABLE TO OUT-OF-STATE PRISONERS AND PERSONNEL OF PRIVATE CORRECTIONAL FACILITIES.
Status: in_force

18-101B. Criminal laws applicable to out-of-state prisoners and personnel of private correctional facilities. (1) An out-of-state prisoner and personnel of a private prison contractor employed at a private correctional facility in the state of Idaho shall be subject to all criminal laws of the state of Idaho.

(2) Any offense which would be a criminal act if committed by an in-state prisoner housed in a state, local or private correctional facility, or in custody during transport within or through the state of Idaho, including escape from such facility or during transport, and any penalty for such offense, shall apply in all respects to an out-of-state prisoner.

(3) Any offense which would be a criminal act if committed by an officer, employee or agent of a state or local correctional facility, and any penalty for such offense, shall apply in all respects to the officers, employees and agents of a private correctional facility located in the state of Idaho.

History:

[18-101B, added 2000, ch. 272, sec. 2, p. 788.]
Idaho Code § 18-8310 — Idaho Code / Title 18 / Chapter 83 / Section 18-8310
18-8310 RELEASE FROM REGISTRATION REQUIREMENTS — EXPUNGEMENT.
Status: in_force

18-8310. Release from registration requirements — Expungement. (1) Registration under this act is for life; however, any offender, other than a recidivist, an offender who has been convicted of an aggravated offense, or an offender designated as a violent sexual predator, may, after a period of ten (10) years from the date the offender was released from incarceration or placed on parole, supervised release or probation, whichever is greater, petition the district court for a show cause hearing to determine whether the offender shall be exempted from the duty to register as a sexual offender. If the offender was convicted in Idaho, the offender shall file his or her petition in the county in which he or she was convicted. If the offender was convicted in a jurisdiction other than Idaho, then the offender shall file his or her petition in the county in which he or she resides. In the petition the petitioner shall:

(a) Provide clear and convincing evidence that the petitioner has completed all periods of supervised release, probation, or parole for the conviction requiring registration without revocation;

(b) Provide an affidavit indicating that the petitioner does not have a criminal charge pending nor is the petitioner knowingly under criminal investigation for any violent crime or crime identified in section 18-8304, Idaho Code;

(c) Provide proof of service of such petition and supporting documents upon the county prosecuting attorney for the county in which the application is made and upon the central registry;

(d) Provide a certified copy of the judgment of conviction which caused the petitioner to report as a sexual offender;

(e) Provide clear and convincing evidence that the petitioner has successfully completed a sexual offender treatment program;

(f) Provide an affidavit demonstrating that the petitioner has no felony convictions during the period for which the petitioner has been registered; and

(g) Provide an affidavit demonstrating that the petitioner has committed no sex offenses during the period for which the petitioner has been registered.

(2) The county prosecuting attorney and the central registry may submit evidence, including by affidavit, rebutting the assertions contained within the offender's petition, affidavits or other documents filed in support of the petition.

(3) The district court may grant a hearing if it finds that the petition is sufficient. The court shall provide at least sixty (60) days' prior notice of the hearing to the petitioner, the county prosecuting attorney and the central registry. The central registry may appear or participate as a party.

(4) The court may exempt the petitioner from the registration requirement only after a hearing on the petition in open court and only upon proof by clear and convincing evidence and upon written findings of fact and conclusions of law by the court that:

(a) The petitioner has complied with the requirements set forth in subsection (1) of this section;

(b) The court has reviewed the petitioner's criminal history and has determined that the petitioner is not a recidivist, has not been convicted of an aggravated offense or has not been designated as a violent sexual predator; and

(c) It is highly probable or reasonably certain the petitioner is not a risk to commit a new violation for any violent crime or crime identified in section 18-8304, Idaho Code.

(5) Concurrent with the entry of any order exempting the petitioner from the registration requirement, the court may further order that any information regarding the petitioner be expunged from the central registry.

History:

[18-8310, added 1998, ch. 411, sec. 2, p. 1282; am. 2000, ch. 236, sec. 2, p. 664; am. 2001, ch. 194, sec. 3, p. 661; am. 2009, ch. 68, sec. 1, p. 191; am. 2011, ch. 311, sec. 10, p. 892; am. 2023, ch. 183, sec. 1, p. 503.]
Idaho Code § 18-8008A — Idaho Code / Title 18 / Chapter 80 / Section 18-8008A
18-8008A ELECTRONIC MONITORING DEVICES.
Status: in_force

18-8008A. Electronic monitoring devices. (1) If a person is convicted, is found guilty, pleads guilty or receives a withheld judgment for violating any of the provisions of this chapter and has had any or all of a sentence or fine suspended for the violation, the court, in its discretion, may impose the sanction provided for in this section in addition to any other penalty or fine imposed pursuant to this chapter.

(2) The court may order the person to use electronic monitoring devices to record the person's movements if, as a condition of probation, the person has been given restricted driving privileges between certain times, has been placed under a curfew or has been ordered confined to his residence during times certain. Nothing in this subsection shall restrict the court's usage of electronic monitoring devices to supervise a defendant on probation for other offenses.

(3) If a court orders a defendant to use an electronic monitoring device pursuant to this section, and the court, or its probation department, furnishes the defendant with the device, the court may order the defendant to pay a reasonable fee for utilizing the equipment. All fees collected pursuant to this section shall be in addition to any other fines or penalty provided by law and shall be deposited in the court interlock device and electronic monitoring device fund created in section 18-8010, Idaho Code.

History:

[18-8008A, added 2018, ch. 254, sec. 6, p. 602.]
Idaho Code § 18-2510 — Idaho Code / Title 18 / Chapter 25 / Section 18-2510
18-2510 POSSESSION, INTRODUCTION OR REMOVAL OF CERTAIN ARTICLES INTO OR FROM CORRECTIONAL FACILITIES.
Status: in_force

18-2510. possession, introduction or removal of certain articles into or from correctional facilities. (1) No person including a prisoner, except as authorized by law or with permission of the facility head, shall knowingly:

(a) Introduce, or attempt to introduce, contraband into a correctional facility or the grounds of a correctional facility; or

(b) Convey, or attempt to convey, contraband to a prisoner confined in a correctional facility; or

(c) Possess, or attempt to possess, contraband within a correctional facility; or

(d) Receive, obtain or remove, or attempt to receive, obtain or remove, contraband from a correctional facility.

(2) Any person including a prisoner who violates any provision of subsection (1) of this section shall be guilty of a misdemeanor and on conviction thereof shall be punished by imprisonment in the county jail for a period not exceeding one (1) year or by a fine not exceeding one thousand dollars ($1,000), or by both such imprisonment and fine.

(3) No person including a prisoner, except as authorized by law or with permission of the facility head, shall knowingly:

(a) Introduce, or attempt to introduce, major contraband into a correctional facility or the grounds of a correctional facility; or

(b) Convey, or attempt to convey, major contraband to a prisoner confined in a correctional facility; or

(c) Possess, or attempt to possess, major contraband within a correctional facility; or

(d) Receive, obtain or remove, or attempt to receive, obtain or remove, major contraband from a correctional facility.

(4) Any person including a prisoner who violates any provision of subsection (3) of this section shall be guilty of a felony and on conviction shall be punished by imprisonment in the state prison for a period not exceeding five (5) years or by a fine not exceeding ten thousand dollars ($10,000), or by both such imprisonment and fine.

(5) As used in this section:

(a) "Contraband" means any article or thing that a prisoner confined in a correctional facility is prohibited by statute, rule or policy from obtaining or possessing and the use of which could endanger the safety or security of the correctional facility, any person therein or the public.

(b) "Correctional facility" means a correctional facility as defined in section 18-101A, Idaho Code.

(c) "Major contraband" means:

(i) Any controlled substance as defined in section 37-2701(e), Idaho Code;

(ii) Any tobacco product in excess of three (3) ounces;

(iii) Any firearm or dangerous weapon including explosives or combustibles or any plans or materials that may be used in the making or manufacturing of such weapons, explosives or devices;

(iv) Any telecommunication equipment or component hardware including, but not limited to, any device carried, worn or stored that is designed or intended to receive or transmit verbal or written messages, access or store data or connect electronically to the internet or any other electronic device that allows communications in any form. Such devices include, but are not limited to, cellular telephones, portable two-way pagers, hand-held radios, global position satellite system equipment, subscriber identity module (SIM) cards, portable memory chips, batteries, chargers, blackberry-type devices or smart phones, personal digital assistants or PDA's and laptop computers. The term also includes any new technology that is developed for similar purposes. Excluded from this definition is any device having communication capabilities that has been approved by the facility head for investigative or institutional security purposes or for conducting other official business;

(v) Any object or instrument intended or reasonably likely to be used in the planning or aiding in an escape or attempted escape from a correctional facility.

(d) "Prisoner" means a prisoner or a juvenile offender as those terms are defined in section 18-101A, Idaho Code.

History:

[18-2510, added 2012, ch. 82, sec. 2, p. 234.]
Idaho Code § 18-6805 — Idaho Code / Title 18 / Chapter 68 / Section 18-6805
18-6805 PUNISHMENT FOR REMOVAL, DESTRUCTION OR BURNING OF ELECTRIC LINES OR PLANTS.
Status: in_force

18-6805. Punishment for removal, destruction or burning of electric lines or plants. Any person or persons violating any provision or provisions of the two preceding sections or any part of said sections, shall, upon conviction thereof, be punished by a fine not exceeding $500.00, or by imprisonment in the penitentiary not to exceed ten years, or by both such fine and imprisonment, in the discretion of the court.

History:

[18-6805, added 1972, ch. 336, sec. 1, p. 971.]
Idaho Code § 18-7504 — Idaho Code / Title 18 / Chapter 75 / Section 18-7504
18-7504 THREATS MADE AGAINST AIRLINE PASSENGERS, OTHER PERSONS, COMMERCIAL AIRLINE COMPANIES, OR AIRCRAFT — PENALTY.
Status: in_force

18-7504. Threats made against airline passengers, other persons, commercial airline companies, or aircraft — Penalty. (1) Every person who knowingly and wilfully threatens the safety and well-being of any passenger, flight crew member or flight attendant, aboard any aircraft by making telephone, verbal, or written threats against any airline or aircraft within the airspace jurisdiction of the state of Idaho shall be guilty of a felony.

(2) Any person who seizes, confines, or kidnaps another person against his will or without authority of law, or who threatens the safety and well-being of any person, with the intent to hold such person hostage or use such person for the purpose of aircraft hijacking shall be guilty of a felony.

History:

[I.C., sec. 18-7504, as added by 1973, ch. 267, sec. 1, p. 561; am. 1988, ch. 273, sec. 1, p. 903.]
Idaho Code § 18-8711 — Idaho Code / Title 18 / Chapter 87 / Section 18-8711
18-8711 SEVERABILITY.
Status: in_force

18-8711. severability. Any provision of this chapter held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless such holding shall be one of utter invalidity or unenforceability, in which event such provision shall be deemed severable herefrom and shall not affect the remainder hereof or the application of such provision to other persons not similarly situated or to other dissimilar circumstances.

History:

[18-8711, added 2021, ch. 334, sec. 1, p. 1018.]
Idaho Code § 18-7035 — Idaho Code / Title 18 / Chapter 70 / Section 18-7035
18-7035 DAMAGING CAVES OR CAVERNS UNLAWFUL — PENALTY.
Status: in_force

18-7035. Damaging caves or caverns unlawful — Penalty. It shall be unlawful for any person, without prior permission of the federal, state or private landowner, to willfully or knowingly break, break off, crack, carve upon, write or otherwise mark upon, or in any manner destroy, multilate, injure, deface, remove, displace, mar or harm any natural material found in any cave or cavern, such as stalactites, stalagmites, helictites, anthodites, gypsum flowers or needles, flowstone, draperies, columns, tufa dams, clay or mud formations or concretions, or other similar crystalline mineral formations or otherwise; to kill, harm or in any manner or degree disturb any plant or animal life found therein; to otherwise disturb or alter the natural conditions of such cave or cavern through the disposal therein of any solid or liquid materials such as refuse, food, containers or fuel of any nature, whether or not malice is intended; to disturb, excavate, remove, displace, mar or harm any archaeological artifacts found within a cave or cavern including petroglyphs, projectile points, human remains, rock or wood carvings or otherwise, pottery, basketry or any handwoven articles of any nature, or any pieces, fragments or parts of any such articles; or to break, force, tamper with, remove of otherwise disturb a lock, gate, door, or other structure or obstruction designed to prevent entrance to a cave or cavern, without the permission of the owner thereof, whether or not entrance is gained. For purposes of this section, "cave" means any natural geologically formed void or cavity beneath the surface of the earth, not including any mine, tunnel, aqueduct or other manmade excavation, which is large enough to permit a person to enter. Any person violating the provisions of this section shall be guilty of a misdemeanor.

History:

[18-7035, added 1982, ch. 283, sec. 1, p. 717.]
Idaho Code § 18-308 — Idaho Code / Title 18 / Chapter 3 / Section 18-308
18-308 SUCCESSIVE TERMS OF IMPRISONMENT.
Status: in_force

18-308. Successive terms of imprisonment. When any person is convicted of two (2) or more crimes before sentence has been pronounced upon him for either, the imprisonment to which he is sentenced upon the second or other subsequent conviction, in the discretion of the court, may commence at the termination of the first term of imprisonment to which he shall be adjudged, or at the termination of the second or other subsequent term of imprisonment, as the case may be.

History:

[I.C., sec. 18-308, as added by 1972, ch. 336, sec. 1, p. 858; am. 1972, ch. 381, sec. 6, p. 1102.]
Idaho Code § 18-1505 — Idaho Code / Title 18 / Chapter 15 / Section 18-1505
18-1505 ABUSE, EXPLOITATION OR NEGLECT OF A VULNERABLE ADULT.
Status: in_force

18-1505. Abuse, exploitation or neglect of a vulnerable adult. (1) Any person who abuses or neglects a vulnerable adult under circumstances likely to produce great bodily harm or death is guilty of a felony punishable by imprisonment for not more than ten (10) years and not more than a twenty-five thousand dollar ($25,000) fine.

(2) Any person who abuses or neglects a vulnerable adult under circumstances other than those likely to produce great bodily harm or death is guilty of a misdemeanor.

(3) Any person who exploits a vulnerable adult is guilty of a misdemeanor, unless the monetary damage from such exploitation exceeds one thousand dollars ($1,000), in which case the person is guilty of a felony punishable by imprisonment for not more than ten (10) years and not more than a twenty-five thousand dollar ($25,000) fine.

(4) As used in this section:

(a) "Abuse" means the intentional or negligent infliction of physical pain, injury or mental injury. Intentional abuse shall be punished under subsection (1) or (2) of this section depending upon the harm inflicted. Abuse by negligent infliction shall only be punished under subsection (2) of this section.

(b) "Caretaker" means any individual or institution that is responsible by relationship, contract or court order to provide food, shelter or clothing, medical or other life-sustaining necessities to a vulnerable adult.

(c) "Exploitation" or "exploit" means an action which may include, but is not limited to, the unjust or improper use of a vulnerable adult's financial power of attorney, funds, property or resources by another person for profit or advantage.

(d) "Neglect" means failure of a caretaker to provide food, clothing, shelter or medical care to a vulnerable adult, in such a manner as to jeopardize the life, health or safety of the vulnerable adult.

(e) "Vulnerable adult" means a person eighteen (18) years of age or older who is unable to protect himself from abuse, neglect or exploitation due to physical or mental impairment which affects the person's judgment or behavior to the extent that he lacks sufficient understanding or capacity to make or communicate or implement decisions regarding his person, funds, property or resources.

(5) Nothing in this section shall be construed to mean a person is abused, neglected or exploited for the sole reason he is relying upon treatment by spiritual means through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination; nor shall the provisions of this section be construed to require any medical care or treatment in contravention of the stated or implied objection of such a person.

(6) Nothing in this section shall be construed to mean that an employer or supervisor of a person who abuses, exploits or neglects a vulnerable adult may be prosecuted unless there is direct evidence of a violation of this statute by the employer or supervisor.

History:

[18-1505, added 1994, ch. 136, sec. 3, p. 309; am. 2005, ch. 166, sec. 1, p. 506; am. 2008, ch. 209, sec. 1, p. 662; am. 2009, ch. 71, sec. 1, p. 206; am. 2016, ch. 147, sec. 1, p. 415.]
Idaho Code § 18-1501 — Idaho Code / Title 18 / Chapter 15 / Section 18-1501
18-1501 INJURY TO CHILDREN.
Status: in_force

18-1501. Injury to children. (1) Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of such child to be injured, or willfully causes or permits such child to be placed in such situation that its person or health is endangered, is punishable by imprisonment in the county jail not exceeding one (1) year, or in the state prison for not less than one (1) year nor more than ten (10) years.

(2) Any person who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of such child to be injured, or willfully causes or permits such child to be placed in such situation that its person or health may be endangered, is guilty of a misdemeanor.

(3) A person over the age of eighteen (18) years commits the crime of injury to a child if the person transports a minor in a motor vehicle or vessel as defined in section 67-7003, Idaho Code, while under the influence of alcohol, intoxicating liquor, a controlled substance, or any combination thereof, in violation of section 18-8004 or 67-7034, Idaho Code. Any person convicted of violating this subsection is guilty of a misdemeanor. If a child suffers bodily injury or death due to a violation of this subsection, the violation will constitute a felony punishable by imprisonment for not more than ten (10) years, unless a more severe penalty is otherwise prescribed by law.

(4) The practice of a parent or guardian who chooses for his child treatment by prayer or spiritual means alone shall not for that reason alone be construed to have violated the duty of care to such child.

(5) As used in this section, "willfully" means acting or failing to act where a reasonable person would know the act or failure to act is likely to result in injury or harm or is likely to endanger the person, health, safety or well-being of the child.

History:

[18-1501, added 1977, ch. 304, sec. 3, p. 853; am. 1996, ch. 167, sec. 1, p. 552; am. 1997, ch. 306, sec. 1, p. 910; am. 2001, ch. 49, sec. 1, p. 91; am. 2005, ch. 151, sec. 1, p. 467.]
Idaho Code § 18-4012 — Idaho Code / Title 18 / Chapter 40 / Section 18-4012
18-4012 EXCUSABLE HOMICIDE.
Status: in_force

18-4012. Excusable homicide. Homicide is excusable in the following cases:

1. When committed by accident and misfortune in doing any lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent.

2. When committed by accident and misfortune, in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat when no undue advantage is taken nor any dangerous weapon used, and when the killing is not done in a cruel or unusual manner.

History:

[I.C., sec. 18-4012, as added by 1972, ch. 336, sec. 1, p. 931.]
Idaho Code § 18-1905 — Idaho Code / Title 18 / Chapter 19 / Section 18-1905
18-1905 FALSIFICATION OF CORPORATE BOOKS.
Status: in_force

18-1905. Falsification of corporate books. Every director, officer or agent of any corporation or joint stock association who knowingly receives or possesses himself of any property of such corporation or association otherwise than in payment of a just demand, and who, with intent to defraud, omits to make, or to cause or direct to be made, a full and true entry thereof in the books or accounts of such corporation or association, and every director, officer, agent or member of any corporation or joint stock association who, with intent to defraud, destroys, alters, mutilates or falsifies any of the books, papers, writings or securities belonging to such corporation or association, or makes or concurs in making, any false entries, or omits or concurs in omitting to make any material entry in any book of accounts, or other record or document kept by such corporation or association, is punishable by imprisonment in the state prison not less than three (3) nor more than ten (10) years, or by imprisonment in a county jail not exceeding one (1) year or a fine not exceeding one thousand dollars ($1,000), or by both such fine and imprisonment.

History:

[18-1905, added 1972, ch. 336, sec. 1, p. 881; am. 2006, ch. 71, sec. 2, p. 217.]
Idaho Code § 18-6905 — Idaho Code / Title 18 / Chapter 69 / Section 18-6905
18-6905 APPLICABILITY.
Status: in_force

18-6905. Applicability. (1) This chapter does not prevent any lawfully authorized investigative, law enforcement, protective, or intelligence-gathering employee or agent of the federal government, the state or a political subdivision of the state, from operating any audiovisual recording device in a motion picture theater as part of lawfully authorized investigative, law enforcement, protective, or intelligence-gathering activities.

(2) Nothing in this chapter shall prevent prosecution instead under other applicable law providing a greater penalty.

History:

[18-6905, added 2005, ch. 239, sec. 1, p. 743.]
Idaho Code § 18-4620 — Idaho Code / Title 18 / Chapter 46 / Section 18-4620
18-4620 STEALING RIDES — PUNISHMENT.
Status: in_force

18-4620. Stealing rides — Punishment. Every person who shall be convicted of a violation of any of the offenses mentioned in section 18-4617 shall be punished by imprisonment in the county jail for a period not exceeding thirty days, or by a fine of not more than $60.00, or by both such fine and imprisonment.

History:

[18-4620, added 1972, ch. 336, sec. 1, p. 940.]
Idaho Code § 18-2602 — Idaho Code / Title 18 / Chapter 26 / Section 18-2602
18-2602 PREPARING FALSE EVIDENCE.
Status: in_force

18-2602. Preparing false evidence. Every person guilty of preparing any false or antedated book, paper, record, instrument in writing, or other matter or thing, with intent to produce it, or allow it to be produced, for any fraudulent or deceitful purpose, as genuine or true, upon any trial, proceeding or inquiry whatever, authorized by law, is guilty of felony.

History:

[18-2602, added 1972, ch. 336, sec. 1, p. 898.]
Idaho Code § 18-8703 — Idaho Code / Title 18 / Chapter 87 / Section 18-8703
18-8703 GOVERNMENT CONTRACTS WITH ABORTION PROVIDERS OR THEIR AFFILIATES PROHIBITED.
Status: in_force

18-8703. Government Contracts with Abortion Providers or Their Affiliates Prohibited. (1) The state, a county, a city, a public health district, a public school district, or any local political subdivision thereof may not enter into any contract or commercial transaction with an abortion provider or an affiliate of an abortion provider.

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

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

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

History:

[18-8703, added 2021, ch. 334, sec. 1, p. 1016.]
Idaho Code § 18-704 — Idaho Code / Title 18 / Chapter 7 / Section 18-704
18-704 INHUMAN TREATMENT OF PRISONERS.
Status: in_force

18-704. Inhuman treatment of prisoners. Every officer who is guilty of wilful inhumanity or oppression toward any prisoner under his care or in his custody is punishable by fine not exceeding $5,000, and removal from office.

History:

[18-704, added 1972, ch. 336, sec. 1, p. 862.]
Idaho Code § 18-8327 — Idaho Code / Title 18 / Chapter 83 / Section 18-8327
18-8327 ADULT CRIMINAL SEX OFFENDER — PROHIBITED EMPLOYMENT.
Status: in_force

18-8327. Adult criminal sex offender — Prohibited employment. (1) Except as provided in section 18-8328, Idaho Code, it is a felony for any person to: apply for or to accept employment at a day care center, group day care facility or family day care home; or to be upon or to remain on the premises of a day care center, group day care facility or family day care home while children are present, other than to drop off or pick up the person's child or children if the person is currently registered or is required to register under the sex offender registration act as provided in chapter 83, title 18, Idaho Code.

(2) The owner or operator of any day care center, group day care facility or family day care home who knowingly employs a person or who knowingly accepts volunteer services from a person, which person is currently registered or is required to register under the sex offender registration act as provided in chapter 83, title 18, Idaho Code, to work in the day care center, group day care facility or family day care home is guilty of a misdemeanor unless judicial relief has been granted pursuant to section 18-8328, Idaho Code.

History:

[18-8327, added 2004, ch. 270, sec. 1, p. 753.]
Idaho Code § 18-6009 — Idaho Code / Title 18 / Chapter 60 / Section 18-6009
18-6009 PLACING OBSTRUCTIONS ON TRACKS.
Status: in_force

18-6009. Placing obstructions on tracks. Every person who maliciously places any obstruction upon the rails or track of any railroad, or of any switch, branch, branchway, or turnout connected with any railroad, is punishable by imprisonment in the state prison not exceeding five years, or in the county jail not less than six months.

History:

[18-6009, added 1972, ch. 336, sec. 1, p. 960.]
Idaho Code § 18-1362 — Idaho Code / Title 18 / Chapter 13 / Section 18-1362
18-1362 CAUSE OF ACTION.
Status: in_force

18-1362. Cause of action. A prosecuting attorney or the attorney general may bring an action in the district court of the county in which a public servant resides to enjoin a violation of the provisions of this chapter and to require the public servant to make restitution to the government of any pecuniary gain obtained. The prevailing party shall be awarded his costs and reasonable attorney fees.

History:

[18-1362, added 1990, ch. 328, sec. 2, p. 902.]
Idaho Code § 18-607 — Idaho Code / Title 18 / Chapter 6 / Section 18-607
18-607 ABORTIFACIENTS — UNAUTHORIZED SALE.
Status: in_force

18-607. Abortifacients — Unauthorized sale. A person who sells, offers to sell, possesses with intent to sell, advertises, or displays for sale anything specially designed to terminate a pregnancy, or held out by the actor as useful for that purpose, commits a misdemeanor, unless:

(1) The sale, offer or display is to a physician or druggist or to an intermediary in a chain of distribution to physicians or druggists; or

(2) The same is made upon prescription or order of a physician; or

(3) The possession is with intent to sell as authorized in paragraphs (1) and (2) of this section; or

(4) The advertising is addressed to persons named in paragraph (1) of this section and confined to trade or professional channels not likely to reach the general public.

History:

[18-607, added 1973, ch. 197, sec. 6, p. 442.]
Idaho Code § 18-8802 — Idaho Code / Title 18 / Chapter 88 / Section 18-8802
18-8802 LEGISLATIVE FINDINGS AND INTENT.
Status: in_force

18-8802. legislative findings and intent. The legislature finds and declares that:

(1) The life of each human being begins at fertilization, and preborn children have interests in life, health, and well-being that should be protected.

(2) The cardiopulmonary definition of death, which is the reigning common law standard for determining death, is defined as the "irreversible cessation of circulatory and respiratory functions." This cardiopulmonary definition of death was included in the uniform determination of death act, a model law that was adopted by numerous medical and ethics organizations, including the national conference of commissioners on uniform state laws, the American medical association, and almost all states in the United States.

(3) Legal standards and the medical community at large both affirm that a consistent human heartbeat, independent of life support, is a core determining factor in establishing the legal presence of human life in a full range of circumstances, for old and young alike.

(4) The heartbeat of a preborn child begins at a biologically identifiable moment in time that can be detected and imaged by medical equipment.

(5) A detectable fetal heartbeat and its characteristics is a key medical predictor in whether a preborn child will reach live birth.

(6) The fetal heartbeat, when detected, presents a clearly identifiable point at which the preborn child in the womb has a greater than ninety-five percent (95%) chance of survival when carried to term.

(7) The presence of a human heartbeat is a more reliable indicator of life than the medically uncertain concept of "viability" and whether that preborn child is "potentially able to live outside the mother's womb."

(8) Therefore, the state of Idaho has a compelling interest in protecting the life of a preborn child at all stages of its development, including after the preborn child has a detectable heartbeat, which signals rhythmically and without pause the presence of a precious and unique life, one that is independent and distinct from the mother's and one that is also worthy of our utmost protection.

History:

[(18-8802) 18-8702, 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. 2, p. 533.]
Idaho Code § 18-609F — Idaho Code / Title 18 / Chapter 6 / Section 18-609F
18-609F REPORTING BY COURTS.
Status: in_force

18-609F. Reporting by courts. The administrative director of the courts shall compile statistics for each calendar year, accessible to the public, including:

(1) The total number of petitions filed pursuant to section 18-609A, Idaho Code; and

(2) The number of such petitions filed where a guardian ad litem was requested and the number where a guardian ad litem or other person acting in such capacity was appointed; and

(3) The number of petitions where counsel appeared for the minor without court appointment; and

(4) The number of petitions where counsel was requested by the minor and the number where counsel was appointed by the court; and

(5) The number of such petitions for which the right to self-consent was granted; and

(6) The number of such petitions for which the court granted its informed consent; and

(7) The number of such petitions which were denied; and

(8) The number of such petitions which were withdrawn by the minor; and

(9) For categories described in subsections (3), (4) and (7) of this section, the number of appeals taken from the court's order in each category; and

(10) For each of the categories set out in subsection (9) of this section, the number of cases for which the district court's order was affirmed and the number of cases for which the district court's order was reversed; and

(11) The age of the minor for each petition; and

(12) The time between the filing of the petition and the hearing of each petition; and

(13) The time between the hearing and the decision by the court for each petition; and

(14) The time between the decision and filing a notice of appeal for each case, if any; and

(15) The time of extension granted by the court in each case, if any.

History:

[18-609F, added 2007, ch. 193, sec. 5, p. 567.]
Idaho Code § 18-5608 — Idaho Code / Title 18 / Chapter 56 / Section 18-5608
18-5608 PLACE OF COMMERCIAL SEXUAL ACTIVITY.
Status: in_force

18-5608. Place OF COMMERCIAL SEXUAL ACTIVITY. Any person maintaining, controlling or supporting a place where commercial sexual activity is carried on by one (1) or more persons under the control, management, or supervision of another shall be guilty of a felony punishable by imprisonment for no less than two (2) years and no more than twenty (20) years or by a fine of no less than one thousand dollars ($1,000) and no more than fifty thousand dollars ($50,000), or by both such fine and imprisonment.

History:

[18-5608, added 1972, ch. 336, sec. 1, p. 952; am. 1981, ch. 324, sec. 8, p. 675; am. 1994, ch. 130, sec. 8, p. 294; am. 2024, ch. 147, sec. 10, p. 561.]
Idaho Code § 18-4701 — Idaho Code / Title 18 / Chapter 47 / Section 18-4701
18-4701 ALTERATION OF BILLS.
Status: in_force

18-4701. Alteration of bills. Every person who fraudulently alters the draft of any bill or resolution which has been presented to either of the houses composing the legislature, to be passed or adopted, with intent to procure it to be passed or adopted by either house, or certified by the presiding officer of either house, in language different from that intended by such house, is guilty of felony.

History:

[18-4701, added 1972, ch. 336, sec. 1, p. 942.]
Idaho Code § 18-7607 — Idaho Code / Title 18 / Chapter 76 / Section 18-7607
18-7607 ACT NOT AN EXCLUSIVE REMEDY.
Status: in_force

18-7607. Act not an exclusive remedy. This act shall not be deemed an exclusive remedy for persons affected or injured by acts herein proscribed.

History:

[18-7607, added 1976, ch. 112, sec. 1, p. 441.]
Idaho Code § 18-2306A — Idaho Code / Title 18 / Chapter 23 / Section 18-2306A
18-2306A INTERFERENCE WITH ELECTION.
Status: in_force

18-2306A. interference with election. (1) Every person who changes any ballot after the same has been deposited in the ballot box, or who adds, or attempts to add, any ballot to those legally polled at any election, either by fraudulently introducing the same into the ballot box before or after the ballots therein have been counted, or by adding to or mixing with, or attempting to add to or mix with, the ballots lawfully polled, other ballots, while the same are being counted or canvassed, or at any other time, with intent to change the result of such election shall be guilty of a felony.

(2) Every person who carries away or destroys, or attempts to carry away or destroy, any poll list, ballots, or ballot box, for the purpose of breaking up or invalidating such election, or who willfully detains, mutilates, or destroys any election returns, or who in any manner so interferes with the officers holding such election or conducting such canvass or with the voters lawfully exercising their rights of voting at such election, as to prevent such election or canvass from being fairly held and lawfully conducted shall be guilty of a felony.

History:

[18-2306A, added 2026, ch. 63, sec. 3, p. 263.]
Idaho Code § 18-5411 — Idaho Code / Title 18 / Chapter 54 / Section 18-5411
18-5411 PERJURY RESULTING IN EXECUTION OF INNOCENT PERSON.
Status: in_force

18-5411. Perjury resulting in execution of innocent person. Every person who, by wilful perjury or subornation of perjury procures the conviction and execution of any innocent person, is punishable by death.

History:

[18-5411, added 1972, ch. 336, sec. 1, p. 949.]
Idaho Code § 18-5804 — Idaho Code / Title 18 / Chapter 58 / Section 18-5804
18-5804 SLAUGHTER AND SALE OF FAMISHED ANIMALS.
Status: in_force

18-5804. Slaughter and sale of famished animals. Every person who slaughters, offers or exposes for sale to the public any animal or animals that have been confined for forty-eight (48) hours or more without proper food, or twenty (20) hours without water, is guilty of a misdemeanor.

History:

[18-5804, added 1972, ch. 336, sec. 1, p. 955.]
Idaho Code § 18-3302C — Idaho Code / Title 18 / Chapter 33 / Section 18-3302C
18-3302C PROHIBITED CONDUCT.
Status: in_force

18-3302C. Prohibited conduct. Any person obtaining a license under the provisions of section 18-3302, Idaho Code, or carrying a concealed deadly weapon pursuant to the provisions of section 18-3302(4)(f), Idaho Code, shall not:

(1) Carry a concealed weapon in a courthouse; juvenile detention facility or jail; public or private school, except as provided in subsection (4)(g) of section 18-3302D, Idaho Code; provided that this subsection shall not apply to:

(a) Peace officers while acting within the scope of their employment;

(b) Security personnel while actually engaged in their employment; or

(c) Any person who is authorized to carry a weapon by a person, board or other entity having authority over the building or facility; or

(2) Provide information on the application for a permit to carry a concealed weapon knowing the same to be untrue.

Any person violating the provisions of this section shall be guilty of a misdemeanor.

History:

[18-3302C, added 1990, ch. 256, sec. 3, p. 736; am. 1991, ch. 262, sec. 2, p. 652; am. 2000, ch. 420, sec. 2, p. 1368; am. 2016, ch. 208, sec. 2, p. 591; am. 2018, ch. 195, sec. 2, p. 438.]
Idaho Code § 18-6302 — Idaho Code / Title 18 / Chapter 63 / Section 18-6302
18-6302 USE OF ILLEGAL RECEIPTS.
Status: in_force

18-6302. Use of illegal receipts. Every person who uses or gives any receipt except that prescribed by law, as evidence of the payment of any poll tax, road tax or license of any kind, or who receives payment of such tax or license without delivering the receipt prescribed by law, or who inserts the name of more than one (1) person therein, is guilty of a misdemeanor.

History:

[18-6302, added 1972, ch. 336, sec. 1, p. 963.]
Idaho Code § 18-7108 — Idaho Code / Title 18 / Chapter 71 / Section 18-7108
18-7108 SCOPE AND APPLICABILITY.
Status: in_force

18-7108. scope and applicability. Nothing in this chapter shall:

(1) Prevent government agents from conducting lawful investigations from public vantage points or entering private land in response to exigent circumstances;

(2) Prevent government agents from entering private land only to the extent necessary to serve civil process or conduct welfare checks;

(3) Interfere with the use or administration of water rights as provided for in Idaho law;

(4) Interfere with the ability of the department of water resources, or a designated watermaster, to make reasonable entry upon any lands to carry out duties imposed by law;

(5) Interfere with the right of the owner or operator of any right-of-way or easement for any ditch, canal, lateral, drain, or other conduit, as described by law;

(6) Limit lawful aerial observation conducted in compliance with section 21-213, Idaho Code;

(7) Limit lawful entry to control noxious weeds as authorized in section 22-2406, Idaho Code;

(8) Limit lawful entry by abatement district employees as authorized in section 39-2804, Idaho Code;

(9) Limit lawful entry as authorized in sections 7-705, 40-1310, 40-2301, and 54-1230, Idaho Code; or

(10) Increase or diminish any rights, protections, or legal authorizations with respect to any place of habitation or the associated curtilage.

History:

[18-7108, added 2026, ch. 261, sec. 1, p. 1110; am. 2026, ch. 278, sec. 1, p. 1167.]
Idaho Code § 18-8609 — Idaho Code / Title 18 / Chapter 86 / Section 18-8609
18-8609 HUMAN LABOR TRAFFICKING.
Status: in_force

18-8609. human labor trafficking. A person commits the felony of human labor trafficking if the person knowingly:

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

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

History:

[18-8609, added 2024, ch. 147, sec. 30, p. 569.]
Idaho Code § 18-9003 — Idaho Code / Title 18 / Chapter 90 / Section 18-9003
18-9003 ILLEGAL ENTRY.
Status: in_force

18-9003. illegal entry. (1) A person who is an alien and is eighteen (18) years of age or older commits an offense if the person knowingly enters or attempts to enter this state or is at any time present in this state after having entered the United States in violation of 8 U.S.C. 1324(a)(1) or 8 U.S.C. 1324(a)(2).

(2) A violation of this section shall be a misdemeanor upon a first conviction. A second or subsequent conviction shall be a felony.

(3) Law enforcement officers may enforce the provisions of this section only when a person is detained or investigated for suspected commission of an independent crime under title 18, Idaho Code, excluding this chapter, or under chapter 27, title 37, Idaho Code.

(4) It shall be an affirmative defense to prosecution under this section that:

(a) The federal government has affirmatively granted the defendant permission to remain in the United States under a provision of the immigration and nationality act or other federal statute; or

(b) The defendant was not investigated for, charged with, or convicted of committing the independent crime for which the defendant was detained or investigated pursuant to subsection (3) of this section.

(5) Notwithstanding any other provision of law to the contrary, a defendant shall not be eligible for deferred adjudication or a withheld judgment if the defendant is charged with or convicted of an offense pursuant to this section.

History:

[18-9003, added 2025, ch. 183, sec. 1, p. 857; am. 2026, ch. 165, sec. 2, p. 724.]
Idaho Code § 18-7604 — Idaho Code / Title 18 / Chapter 76 / Section 18-7604
18-7604 PENALTIES.
Status: in_force

18-7604. Penalties. (1) Any person who violates subsection (1) of section 18-7603, Idaho Code, is guilty of a felony and upon conviction may be fined not more than ten thousand dollars ($10,000), or imprisoned for not more than four (4) years, or both such fine and imprisonment. Each recording of the original fixation of sounds without consent of the owner thereof shall constitute a separate offense.

(2) Any person who violates subsection (2) or (3) of section 18-7603, Idaho Code, is guilty of a misdemeanor and upon conviction may be fined not more than one thousand dollars ($1,000) or imprisoned for not more than six (6) months, or both such fine and imprisonment.

History:

[18-7604, added 1976, ch. 112, sec. 1, p. 441.]
Idaho Code § 18-4115 — Idaho Code / Title 18 / Chapter 41 / Section 18-4115
18-4115 PARTIAL INVALIDITY — SEVERABILITY.
Status: in_force

18-4115. Partial invalidity — Severability. If any phrase, clause, sentence, section, or provision of this act or application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other phrase, clause, sentence, section, provision, or application of this act which can be given effect without the invalid phrase, clause, sentence, section, provision, or application and to this end the provisions of this act are declared to be severable.

History:

[I.C., sec. 18-4115, as added by 1973, ch. 305, sec. 21, p. 655.]
Idaho Code § 18-507 — Idaho Code / Title 18 / Chapter 5 / Section 18-507
18-507 CRIMINAL PENALTIES.
Status: in_force

18-507. criminal penalties. Any person who intentionally or recklessly performs or attempts to perform an abortion in violation of the provisions of section 18-505, Idaho Code, is guilty of a felony. No penalty shall be assessed against the woman upon whom the abortion is performed or attempted to be performed.

History:

[18-507, added 2011, ch. 324, sec. 1, p. 948.]
Idaho Code § 18-1508D — Idaho Code / Title 18 / Chapter 15 / Section 18-1508D
18-1508D PUNISHMENT FOR AGGRAVATED LEWD CONDUCT WITH MINOR CHILD TWELVE OR UNDER.
Status: in_force

18-1508D. punishment for AGGRAVATED LEWD CONDUCT WITH MINOR CHILD TWELVE OR UNDER. Subject to the provisions of sections 19-2515 and 19-2515A, Idaho Code, every person eighteen (18) years of age or older guilty of aggravated lewd conduct with a minor child twelve (12) years of age or under 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 three (3) statutory aggravating circumstances 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, finds two (2) statutory aggravating circumstances beyond a reasonable doubt and if the death penalty is not sought, the court shall impose a life sentence with a minimum period of confinement of not less than thirty (30) 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.

History:

[18-1508D, added 2025, ch. 177, sec. 3, p. 834.]
Idaho Code § 18-4001 — Idaho Code / Title 18 / Chapter 40 / Section 18-4001
18-4001 MURDER DEFINED.
Status: in_force

18-4001. Murder defined. Murder is the unlawful killing of a human being including, but not limited to, a human embryo or fetus, with malice aforethought or the intentional application of torture to a human being, which results in the death of a human being. Torture is the intentional infliction of extreme and prolonged pain with the intent to cause suffering. It shall also be torture to inflict on a human being extreme and prolonged acts of brutality irrespective of proof of intent to cause suffering. The death of a human being caused by such torture is murder irrespective of proof of specific intent to kill; torture causing death shall be deemed the equivalent of intent to kill.

History:

[18-4001, added 1972, ch. 336, sec. 1, p. 928; am. 1977, ch. 154, sec. 1, p. 390; am. 2002, ch. 330, sec. 1, p. 935.]
Idaho Code § 18-8103 — Idaho Code / Title 18 / Chapter 81 / Section 18-8103
18-8103 PROHIBITED ACTIVITIES — PENALTIES.
Status: in_force

18-8103. Prohibited activities — Penalties. Any person who:

(1) Conspires with one (1) or more persons to injure, oppress, threaten or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the constitutions or laws of the United States or the state of Idaho, by the use of violence against the person or property of such citizen; or

(2) Goes on the highway, or on the premises of any citizen, with one (1) or more other persons, with the intent by use of violence against such citizen or his property, to prevent or hinder his free exercise or enjoyment of any right or privilege so secured; or

(3) Assembles with one (1) or more persons for the purpose of training or instructing in the use of, or practicing with, any technique or means capable of causing property damage, bodily injury or death with the intent to employ such training, instruction or practice in the commission of a civil disorder, as defined herein; or

(4) Commits an act of terrorism, as defined in this chapter; or

(5) Conspires with one (1) or more persons to commit an act of terrorism, as defined in this chapter;

shall be guilty of a felony. A violation of subsection (1), (2) or (3) of this section shall be punished by imprisonment in the state prison for a period not to exceed ten (10) years, by a fine not in excess of fifty thousand dollars ($50,000), or by both such fine and imprisonment. A violation of subsection (4) or (5) shall be punished by imprisonment in the state prison for a period of up to and including life imprisonment or by a fine not exceeding fifty thousand dollars ($50,000), or by both.

History:

[18-8103, added 1987, ch. 318, sec. 1, p. 670; am. 2002, ch. 222, sec. 7, p. 629.]
Idaho Code § 18-2416 — Idaho Code / Title 18 / Chapter 24 / Section 18-2416
18-2416 SHORT TITLE.
Status: in_force

18-2416. Short title. This act may be known and cited as the "Unused Merchandise Ownership Protection Act."

History:

[18-2416, added 2000, ch. 130, sec. 1, p. 306.]
Idaho Code § 18-6709 — Idaho Code / Title 18 / Chapter 67 / Section 18-6709
18-6709 RECOVERY OF CIVIL DAMAGES AUTHORIZED.
Status: in_force

18-6709. Recovery of civil damages authorized. Any person whose wire, electronic or oral communication is intercepted, disclosed, or used in violation of this chapter shall have a civil cause of action against any person who intercepts, discloses, uses, or procures any other person to intercept, disclose, or use such communications, and shall be entitled to recover from any such person:

(a) Actual damages, but not less than liquidated damages computed at the rate of one hundred dollars ($100) a day for each day of violation or one thousand dollars ($1,000), whichever is higher;

(b) Punitive damages; and

(c) A reasonable attorney's fee and other litigation costs reasonably incurred.

A good faith reliance on a court order shall constitute a complete defense to any civil or criminal action under the laws of this state.

History:

[18-6709, added 1980, ch. 326, sec. 2, p. 841; am. 2002, ch. 223, sec. 9, p. 643.]
Idaho Code § 18-7043 — Idaho Code / Title 18 / Chapter 70 / Section 18-7043
18-7043 INTENTIONAL BREACH OF BIOSECURITY.
Status: in_force

18-7043. INTENTIONAL BREACH OF BIOSECURITY. (1) It is unlawful for a person to knowingly commit any of the following acts in the state of Idaho with the intent to damage, poison or infect the crops, livestock, products or facilities of an agricultural facility or agricultural operation as defined in section 22-4502, Idaho Code, without the knowledge and consent of the owner of the agricultural facility or agricultural operation:

(a) Release or spread any type of contagious, communicable or infectious disease or poison;

(b) Attempt to release or spread any type of contagious, communicable or infectious disease or poison;

(c) Aid, abet or conspire with another person to release or spread any type of contagious, communicable or infectious disease or poison.

(2) Any person or persons violating any provision of this section shall be:

(a) Guilty of a misdemeanor when the damage to the crops, livestock, products or consumers of such products, agricultural facility or agricultural operation itself is one thousand dollars ($1,000) or less;

(b) Guilty of a felony and upon conviction thereof shall be punished by a term of imprisonment of not more than twenty (20) years or by a fine not in excess of ten thousand dollars ($10,000), or by both such fine and imprisonment, when the value of the damage to the crops, livestock, products or consumers of such products, agricultural facility or agricultural operation itself is in excess of one thousand dollars ($1,000).

(3) Nothing in this section shall be construed to limit the court's power to order restitution equal to the extent of the damage suffered to the crops, livestock, products or consumers of such products, agricultural facility or agricultural operation.

(4) Nothing in this section shall be construed to limit an agricultural facility or agricultural operation from proceeding in a civil action to seek any lawful civil remedy.

(5) The provisions of this section are hereby declared severable and if any provision of this section or the application of such provision to any person or circumstances is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this section.

History:

[18-7043, added 2016, ch. 286, sec. 1, p. 789.]
Idaho Code § 18-8407 — Idaho Code / Title 18 / Chapter 84 / Section 18-8407
18-8407 ANNUAL REGISTRATION.
Status: in_force

18-8407. Annual registration. A juvenile sex offender, other than one serving a period of detention or committed to the department of juvenile corrections, shall be subject to annual registration and change of name or address notification pursuant to sections 18-8307 and 18-8309, Idaho Code.

All written notifications of duty to register as provided herein shall include a warning that it is a felony punishable as provided in section 18-8414, Idaho Code, for a juvenile sex offender to accept employment in any day care center, group day care facility or family day care home, as those terms are defined in chapter 11, title 39, Idaho Code, or to be upon or to remain on the premises of a day care center, group day care facility or family day care home while children are present, other than to drop off or pick up the juvenile sex offender's child or children.

History:

[18-8407, added 1998, ch. 412, sec. 1, p. 1300; am. 2004, ch. 270, sec. 5, p. 756.]
Idaho Code § 18-1702 — Idaho Code / Title 18 / Chapter 17 / Section 18-1702
18-1702 MINING CLAIMS — CONSPIRACY TO USURP.
Status: in_force

18-1702. Mining claims — Conspiracy to usurp. In all cases where two (2) or more persons associate themselves together for the purpose of obtaining the possession of any lode, gulch or placer claim, then in the actual possession of another, by force and violence, or by stealth, and proceed to carry out such purpose by making threats against the party or parties in possession, or enter upon such lode or mining claim for the purpose aforesaid, or enter upon or into any lode, gulch, placer claim, quartz mill or other mining property, or, not being upon such property, make any threats, or make use of any language, signs or gestures calculated to intimidate any person or persons at work on said property from continuing to work thereon or therein, or to intimidate others from engaging to work thereon or therein, every such person so offending is guilty of misdemeanor.

History:

[18-1702, added 1972, ch. 336, sec. 1, p. 879.]
Idaho Code § 18-4308 — Idaho Code / Title 18 / Chapter 43 / Section 18-4308
18-4308 CHANGE OF DITCH, CANAL, LATERAL, DRAIN, OR BURIED IRRIGATION CONDUIT.
Status: in_force

18-4308. change of ditch, canal, lateral, drain, or buried irrigation conduit. Any person who relocates or places in pipe, culvert, or other conduit or buries a ditch, canal, lateral, or drain contrary to the provisions of section 42-1203, Idaho Code, shall be guilty of a misdemeanor.

History:

[18-4308, added 2024, ch. 93, sec. 17, p. 439; am. 2026, ch. 109, sec. 7, p. 563.]
Idaho Code § 18-207 — Idaho Code / Title 18 / Chapter 2 / Section 18-207
18-207 MENTAL CONDITION NOT A DEFENSE — PROVISION FOR TREATMENT DURING INCARCERATION — RECEPTION OF EVIDENCE — NOTICE AND APPOINTMENT OF EXPERT EXAMINERS.
Status: in_force

18-207. Mental condition not a defense — Provision for treatment during incarceration — Reception of evidence — Notice and appointment of expert examiners. (1) Mental condition shall not be a defense to any charge of criminal conduct.

(2) If by the provisions of section 19-2523, Idaho Code, the court finds that one convicted of crime suffers from any mental condition requiring treatment, such person shall be committed to the board of correction or such city or county official as provided by law for placement in an appropriate facility for treatment, having regard for such conditions of security as the case may require. In the event a sentence of incarceration has been imposed, the defendant shall receive treatment in a facility which provides for incarceration or less restrictive confinement. In the event that a course of treatment thus commenced shall be concluded prior to the expiration of the sentence imposed, the offender shall remain liable for the remainder of such sentence, but shall have credit for time incarcerated for treatment.

(3) Nothing herein is intended to prevent the admission of expert evidence on the issue of any state of mind which is an element of the offense, subject to the rules of evidence.

(4) No court shall, over the objection of any party, receive the evidence of any expert witness on any issue of mental condition, or permit such evidence to be placed before a jury, unless such evidence is fully subject to the adversarial process in at least the following particulars:

(a) Notice must be given at least ninety (90) days in advance of trial, or such other period as justice may require, that a party intends to raise any issue of mental condition and to call expert witnesses concerning such issue, failing which such witness shall not be permitted to testify until such time as the opposing party has a complete opportunity to consider the substance of such testimony and prepare for rebuttal through such opposing expert(s) as the party may choose.

(b) A party who expects to call an expert witness to testify on an issue of mental condition must, on a schedule to be set by the court, furnish to the opposing party a written synopsis of the findings of such expert, or a copy of a written report. The court may authorize the taking of depositions to inquire further into the substance of such reports or synopses.

(c) Raising an issue of mental condition in a criminal proceeding shall constitute a waiver of any privilege that might otherwise be interposed to bar the production of evidence on the subject and, upon request, the court shall order that the state's experts shall have access to the defendant in such cases for the purpose of having its own experts conduct an examination in preparation for any legal proceeding at which the defendant's mental condition may be in issue.

(d) The court is authorized to appoint at least one (1) expert at public expense upon a showing by an indigent defendant that there is a need to inquire into questions of the defendant's mental condition. The costs of examination shall be paid by the defendant if he is financially able. The determination of ability to pay shall be made in accordance with chapter 8, title 19, Idaho Code.

(e) If an examination cannot be conducted by reason of the unwillingness of the defendant to cooperate, the examiner shall so advise the court in writing. In such cases the court may deny the party refusing to cooperate the right to present evidence in support of a mental status claim unless the interest of justice requires otherwise and shall instruct the jury that it may consider the party's lack of cooperation for its effect on the credibility of the party's mental status claim.

History:

[18-207, added 1982, ch. 368, sec. 2, p. 919; am. 1996, ch. 225, sec. 1, p. 737.]
Idaho Code § 18-922 — Idaho Code / Title 18 / Chapter 9 / Section 18-922
18-922 ORDER — TRANSMITTAL TO LAW ENFORCEMENT AGENCY.
Status: in_force

18-922. Order — Transmittal to law enforcement agency. (1) A no contact order may be imposed either by order of the court or by an Idaho criminal rule, as a condition of bond.

(2) (a) Notice of a no contact order shall be forwarded by the clerk of the court, or by the arresting agency where the defendant is given notice of the bond condition under an Idaho court rule, on or before the next judicial day, to the appropriate law enforcement agency.

(b) Upon receipt of such notice, the law enforcement agency shall forthwith enter the order into the Idaho law enforcement telecommunications system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the Idaho law enforcement telecommunications system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state.

(3) Law enforcement agencies shall establish procedures reasonably adequate to assure that an officer approaching or actually at the scene of an incident may be informed of the existence of such no contact order.

(4) A no contact order shall remain in effect for the term set by the court or an Idaho criminal rule, or until terminated by the court.

History:

[18-922, added 1997, ch. 314, sec. 3, p. 930.]
Idaho Code § 18-6401 — Idaho Code / Title 18 / Chapter 64 / Section 18-6401
18-6401 RIOT DEFINED.
Status: in_force

18-6401. Riot defined. Any action, use of force or violence, or threat thereof, disturbing the public peace, or any threat to use such force or violence, if accompanied by immediate power of execution, by two (2) or more persons acting together, and without authority of law, which results in:

(a) physical injury to any person; or

(b) damage or destruction to public or private property; or

(c) a disturbance of the public peace;

is a riot.

History:

[18-6401, added 1972, ch. 336, sec. 1, p. 964; am. 1981, ch. 123, sec. 1, p. 211.]
Idaho Code § 18-7014 — Idaho Code / Title 18 / Chapter 70 / Section 18-7014
18-7014 INJURIES TO CROPS.
Status: in_force

18-7014. Injuries to crops. Every person who maliciously injures or destroys any standing crops, grain, cultivated fruits or vegetables, the property of another, in any case for which a punishment is not otherwise prescribed by this code, is guilty of a misdemeanor.

History:

[18-7014, added 1972, ch. 336, sec. 1, p. 976.]
Idaho Code § 18-2508 — Idaho Code / Title 18 / Chapter 25 / Section 18-2508
18-2508 PERSONS COMMITTED TO PUBLIC INSTITUTIONS — ENTICING TO ESCAPE OR HARBORING UNLAWFUL.
Status: in_force

18-2508. persons committed to public institutions — Enticing to escape or harboring unlawful. (1) It shall be unlawful for any person to knowingly entice the escape of or harbor any person committed to or confined in any institution maintained by the state for the treatment, education or welfare of persons committed to or confined therein.

(2) Any person who violates the provisions of subsection (1) of this section shall be guilty of a misdemeanor and on conviction shall be punished by a fine not exceeding one thousand dollars ($1,000) or imprisonment in the county jail for a period not exceeding one (1) year, or both.

History:

[18-2508, added 1972, ch. 336, sec. 1, p. 897; am. 2019, ch. 146, sec. 1, p. 497.]
Idaho Code § 18-5626 — Idaho Code / Title 18 / Chapter 56 / Section 18-5626
18-5626 AUTHORITY OF THE ATTORNEY GENERAL.
Status: in_force

18-5626. authority of the attorney general. With respect to property ordered forfeited under the provisions of this chapter, the attorney general or appropriate prosecuting attorney is authorized to:

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

(2) Compromise claims arising under this chapter;

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

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

History:

[18-5626, added 2013, ch. 249, sec. 9, p. 606.]
Idaho Code § 18-2404 — Idaho Code / Title 18 / Chapter 24 / Section 18-2404
18-2404 PRIMA FACIE EVIDENCE — THEFT BY LESSEE.
Status: in_force

18-2404. Prima facie evidence — Theft by lessee. It shall be prima facie evidence that a person knowingly obtains or exerts unauthorized control over property of the owner when a lessee of the personal property of another, leased or rented by written instrument:

(1) Fails or refuses to return such personal property to its owner after the lease or rental agreement has expired:

(a) Within ten (10) days; and

(b) Within forty-eight (48) hours after written demand for return thereof is personally served or given by registered mail delivered to the last known address provided in such lease or rental agreement; or

(2) When the lease or rent of such personal property is obtained by presentation of identification to the lessor or renter thereof which is false, fictitious, or knowingly not current to name, address, place of employment, or other identification.

History:

[18-2404, added 1981, ch. 183, sec. 2, p. 324.]
Idaho Code § 18-906 — Idaho Code / Title 18 / Chapter 9 / Section 18-906
18-906 AGGRAVATED ASSAULT — PUNISHMENT.
Status: in_force

18-906. Aggravated assault — Punishment. An aggravated assault is punishable by imprisonment in the state prison not to exceed five (5) years or by fine not exceeding five thousand dollars ($5,000) or by both.

History:

[18-906, added 1979, ch. 227, sec. 2, p. 625.]
Idaho Code § 18-7022 — Idaho Code / Title 18 / Chapter 70 / Section 18-7022
18-7022 INJURING GAS OR WATER PIPES.
Status: in_force

18-7022. Injuring gas or water pipes. Every person who wilfully breaks, digs up, obstructs or injures any pipe or main for conducting gas or water, or any works erected for supplying buildings with gas or water or any appurtenances or appendages therewith connected, is guilty of a misdemeanor.

History:

[I.C., sec. 18-7022, as added by 1972, ch. 336, sec. 1, p. 978.]
Idaho Code § 18-4907 — Idaho Code / Title 18 / Chapter 49 / Section 18-4907
18-4907 SEARCH, SEIZURE, AND CONFISCATION.
Status: in_force

18-4907. Search, seizure, and confiscation. All moneys and property offered for sale or distribution in violation of any of the provisions of this chapter are forfeited to the state. And whenever any judge shall have knowledge or receive satisfactory information of the violation of any of the provisions of this chapter within his district or county, it shall be his duty forthwith to issue his warrant, directed to the sheriff or constable, to seize and bring before him such moneys and property offered for sale or distribution. And, upon the conviction of any person or persons for violation of any of the provisions of this chapter, any property so seized as provided in this section, shall be sold by the sheriff or constable at public auction and the proceeds thereof paid over to the county treasurer of said county for the county school fund.

History:

[18-4907, added 1972, ch. 336, sec. 1, p. 946; am. 2012, ch. 20, sec. 4, p. 67.]
Idaho Code § 18-3315B — Idaho Code / Title 18 / Chapter 33 / Section 18-3315B
18-3315B PROHIBITION OF REGULATION OF CERTAIN FIREARMS.
Status: in_force

18-3315B. PROHIBITION OF REGULATION OF CERTAIN FIREARMS. (1) Other than compliance with an order of the court, any official, agent, or employee of an Idaho government entity who knowingly and willfully orders an official, agent, or employee of an Idaho government entity to enforce any executive order, agency order, treaty, law, rule, or regulation of the United States government as provided in subsection (2) of this section upon a firearm, a firearm accessory, firearm component, or ammunition shall, on a first violation, be liable for a civil penalty not to exceed one thousand dollars ($1,000), which shall be paid into the general fund of the state, and on a second or subsequent violation shall be guilty of a misdemeanor. If a public officer or person commits a violation of section 18-315 or 18-703, Idaho Code, the public officer or person shall be punished as provided in those sections. Nothing in this section shall be construed to affect the law of search and seizure as set forth in section 17, article I of the constitution of the state of Idaho or as set forth in the fourth, fifth, and fourteenth amendments to the United States constitution. Notwithstanding anything to the contrary contained elsewhere in this act, no private cause of action exists under this section.

(2) No federal executive order, agency order, treaty, law, statute, rule, or regulation issued, enacted, or promulgated on or after the effective date of this act will be knowingly and willfully ordered to be enforced by any official, agent, or employee of an Idaho government entity if contrary to the provisions of section 11, article I of the constitution of the state of Idaho.

(3) "Enforcement," "enforce," or "enforced" shall not be construed to include the performance of any act solely for the purpose of facilitating the transfer of firearms under federal law. Any order of enforcement not excluded by the provisions of this subsection that occurs on and after the effective date of this act shall be and is a breach of the oath of office of the official, agent, or employee of the state or a political subdivision of the state.

(4) All Idaho government entities are prohibited from using any personnel, funds, or other resources to enforce, administer, or support the enforcement of any executive order, agency order, treaty, law, rule, or regulation of the United States government enacted or promulgated on or after the effective date of this act upon a firearm, firearm component, firearm accessory, or ammunition if contrary to the provisions of section 11, article I of the constitution of the state of Idaho.

(5) The provisions of this section may be enforced by the Idaho attorney general. The legislature of the state of Idaho may bring legal action for declaratory or injunctive relief to ensure compliance with the provisions of this section. The prevailing party in any such action may recover reasonable attorney's fees and costs from the nonprevailing party.

(6) With the exception of failure to comply with an order of the court, any official, agent, or employee of an Idaho government entity shall not be subject to civil liability for failure to enforce, support, or assist with the enforcement of any executive order, agency order, treaty, law, rule, or regulation of the United States government that is contrary to section 11, article I of the constitution of the state of Idaho or the second amendment to the United States constitution.

(7) As used in this section:

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

(b) "Firearm component" means a component for making firearms, a component for making ammunition, reloading materials and equipment, machinery, design plans, software, and tools for manufacturing firearms and their ammunition.

(c) "Idaho government entity" means the state of Idaho and its departments and agencies and any political subdivision of the state of Idaho and other local government entities and agencies.

(8) Nothing in this "Idaho Firearm and Firearm Accessories and Components Protection Act" is intended nor shall be construed to replace or change the effective date or protections provided by the "Idaho Federal Firearm, Magazine and Register Ban Enforcement Act" as enacted in 2014 and that created this section. To the maximum extent possible, this "Idaho Firearm and Firearm Accessories and Components Protection Act" is intended to add to and expand upon the protections provided by the 2014 act and to provide the greatest possible protection to the rights of Idaho citizens.

History:

[18-3315B, added 2014, ch. 148, sec. 3, p. 411; am. 2021, ch. 329, sec. 3, p. 1009.]
Idaho Code § 18-8414 — Idaho Code / Title 18 / Chapter 84 / Section 18-8414
18-8414 JUVENILE SEX OFFENDER — PROHIBITED EMPLOYMENT.
Status: in_force

18-8414. Juvenile sex offender — Prohibited employment. (1) Except as provided in section 18-8328, Idaho Code, it is a felony for any person to: apply for or to accept employment at a day care center, group day care facility or family day care home; or to be upon or to remain on the premises of a day care center, group day care facility or family day care home while children are present, other than to drop off or pick up the person's child or children if the person is currently registered or is required to register under the juvenile sex offender registration act as provided in chapter 84, title 18, Idaho Code.

(2) The owner or operator of any day care center, group day care facility or family day care home who knowingly employs a person or who knowingly accepts volunteer services from a person, which person is currently registered or is required to register under the juvenile sex offender registration act as provided in chapter 84, title 18, Idaho Code, to work in the day care center, group day care facility or family day care home is guilty of a misdemeanor unless judicial relief has been granted pursuant to section 18-8328, Idaho Code.

History:

[18-8414, added 2004, ch. 270, sec. 2, p. 753.]
Idaho Code § 18-7001 — Idaho Code / Title 18 / Chapter 70 / Section 18-7001
18-7001 MALICIOUS INJURY TO PROPERTY.
Status: in_force

18-7001. Malicious injury to property. (1) Except as otherwise provided in subsection (2) of this section, every person who maliciously injures or destroys any real or personal property not his own, or any jointly owned property without permission of the joint owner, or any property belonging to the community of the person's marriage, in cases otherwise than such as are specified in this code, is guilty of a misdemeanor and shall be punishable by imprisonment in the county jail for up to one (1) year or a fine of not more than one thousand dollars ($1,000), or both.

(2) A person is guilty of a felony, and shall be punishable by imprisonment in the state prison for not less than one (1) year nor more than five (5) years, and may be fined not more than one thousand dollars ($1,000), or by both such fine and imprisonment, if:

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

(b) Any series of individual violations of this section are part of a common scheme or plan and are aggregated in one (1) count, and the damages from such violations when considered together exceed one thousand dollars ($1,000) in value.

History:

[18-7001, added 1972, ch. 336, sec. 1, p. 973; am. 1973, ch. 186, sec. 1, p. 432; am. 1998, ch. 354, sec. 1, p. 1112; am. 2005, ch. 118, sec. 1, p. 378.]
Idaho Code § 18-3614 — Idaho Code / Title 18 / Chapter 36 / Section 18-3614
18-3614 FORGING OR COUNTERFEITING TRADE-MARKS.
Status: in_force

18-3614. Forging or counterfeiting trade-marks. Every person who wilfully forges or counterfeits or procures to be forged or counterfeited, any trade-mark usually affixed by any person to his goods, with intent to pass off any goods to which such forged or counterfeited trade-mark is affixed or intended to be affixed, as the goods of such person, is guilty of a misdemeanor.

History:

[18-3614, added 1972, ch. 336, sec. 1, p. 919.]
Idaho Code § 18-7026 — Idaho Code / Title 18 / Chapter 70 / Section 18-7026
18-7026 SABOTAGE.
Status: in_force

18-7026. Sabotage. Any person who wilfully, maliciously or mischievously drives or causes to be driven or imbedded any nail, spike or piece of iron, steel or other metallic substance, or any rock or stone, into any log or timber intended to be manufactured into boards, lath, shingles or other lumber, or to be marketed for such purpose, is punishable by imprisonment in the state prison not more than five (5) years or by imprisonment in the county jail not less than six (6) months, or by fine not to exceed $5000, in the discretion of the court.

History:

[18-7026, added 1972, ch. 336, sec. 1, p. 978.]
Idaho Code § 18-6706 — Idaho Code / Title 18 / Chapter 67 / Section 18-6706
18-6706 AUTHORIZATION FOR INTERCEPTION OF WIRE, ELECTRONIC OR ORAL COMMUNICATIONS.
Status: in_force

18-6706. Authorization for interception of wire, electronic or oral communications. The prosecuting attorney of any county is authorized to make application to a judge of competent jurisdiction for an order authorizing or approving the interception of wire, electronic or oral communications and may apply to such judge for, and such judge may grant in conformity with section 2518 of chapter 119, title 18 U.S.C.A., and in conformity with the provisions of this chapter, an order authorizing or approving the interception of wire, electronic or oral communications by investigative or law enforcement officers having responsibility for the investigation of the offense as to which the application is made, when such interception may provide or has provided evidence of the commission of the offense of murder, kidnapping, gambling, robbery, bribery, extortion, or dealing in narcotic drugs, marijuana or other dangerous drugs, or other crime dangerous to life, limb, or property, and punishable by imprisonment for more than one (1) year, or any conspiracy to commit any of the foregoing offenses.

History:

[18-6706, added 1980, ch. 326, sec. 2, p. 836; am. 2002, ch. 223, sec. 6, p. 638; am. 2020, ch. 82, sec. 11, p. 185.]
Idaho Code § 18-7040 — Idaho Code / Title 18 / Chapter 70 / Section 18-7040
18-7040 INTERFERENCE WITH AGRICULTURAL RESEARCH.
Status: in_force

18-7040. Interference with agricultural research. (1) A person commits the crime of interference with agricultural research if the person knowingly:

(a) Damages any property at an agricultural research facility with the intent to damage or hinder agricultural research or experimentation;

(b) Obtains any property of an agricultural research facility with the intent to damage or hinder agricultural research or experimentation;

(c) Obtains access to an agricultural research facility by misrepresentation with the intent to perform acts that would damage or hinder agricultural research or experimentation;

(d) Enter an agricultural research facility with the intent to damage, alter, duplicate or obtain unauthorized possession of records, data, materials, equipment or specimens related to agricultural research or experimentation;

(e) Without the authorization of the agricultural research facility, obtains or exercises control over records, data, materials, equipment or specimens of the agricultural research facility with the intent to destroy or conceal the records, data, materials, equipment or specimens; or

(f) Releases or steals an animal from, or causes the death, injury or loss of an animal at an agricultural research facility.

(2) A person found guilty of committing the crime of interference with agricultural research shall be guilty of a felony and shall be punished by a term of imprisonment of not more than twenty (20) years or by a fine not in excess of ten thousand dollars ($10,000), or by both such fine and imprisonment.

(3) For purposes of this section:

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

(b) "Agricultural research or experimentation" means the lawful study, analysis or testing of plants or animals, or the use of plants or animals to conduct studies, analyses, testing or teaching, for the purpose of improving farming, forestry or animal husbandry.

(4) In addition to any other penalty imposed for a violation of this section, the court shall require any person convicted, found guilty or who pleads guilty to a violation of this section to make restitution to the victim of the offense in accordance with the terms of section 19-5304, Idaho Code; provided, that such award shall be in an amount equal to twice the value of the crop, crop product, timber, timber product, livestock or equipment damaged or destroyed. In ordering restitution under this section, the court shall, in the determination of value, consider:

(a) The market value of the crop, crop product, timber, timber product, livestock, or equipment that has been damaged or destroyed;

(b) Production, research, testing, replacement and development costs directly related to the crop, crop product, timber, timber product, livestock or equipment that has been damaged or destroyed;

(c) the costs of repeating an experiment, including the replacement of the records, data, equipment, specimens, labor and materials, if acts constituting the violation cause the failure of an experiment in progress or irreparably damage completed research or experimentation.

History:

[18-7040, added 2002, ch. 263, sec. 1, p. 785.]
Idaho Code § 18-7107 — Idaho Code / Title 18 / Chapter 71 / Section 18-7107
18-7107 CRIMINAL LIABILITY.
Status: in_force

18-7107. criminal liability. A government agent shall not be subject to prosecution under the provisions of section 18-7008, Idaho Code, if the agent enters private land:

(1) In good faith reliance on a valid search warrant or on exigent circumstances;

(2) Pursuant to lawful consent; or

(3) In accordance with the provisions of section 18-7105 or 18-7108, Idaho Code.

History:

[18-7107, added 2026, ch. 261, sec. 1, p. 1110.]