Idaho Code § 18-3101 — Idaho Code / Title 18 / Chapter 31 / Section 18-3101
18-3101 PYRAMID PROMOTIONAL SCHEMES PROHIBITED — PENALTIES — SALE OF INTEREST VOIDABLE — SCOPE OF REMEDY.
Status: in_force

18-3101. pyramid promotional schemes prohibited — Penalties — Sale of interest voidable — Scope of remedy. (1) It is illegal and prohibited for any person, or any agent or employee thereof, to establish, promote, offer, operate, advertise or grant participation in any pyramid promotional scheme.

(2) As used in this section:

(a) "Appropriate inventory repurchase program" means a program by which a plan or operation repurchases, upon request at the termination of a participant's business relationship with the plan or operation and based upon commercially reasonable terms, current and marketable inventory purchased and maintained by the participant for resale, use or consumption, provided such plan or operation clearly describes the program in its recruiting literature, sales manual, or contracts with participants, including the manner in which the repurchase is exercised and disclosure of any inventory that is not eligible for repurchase under the program.

(b) "Commercially reasonable terms" means the repurchase of current and marketable inventory within twelve (12) months from the date of original purchase at not less than ninety percent (90%) of the original net cost to the participant, less appropriate set-offs and legal claims, if any. In the case of service products, the repurchase of such service products shall be on a pro rata basis, unless clearly disclosed otherwise to the participant, in order to qualify as "commercially reasonable terms."

(c) "Compensation" means a payment of any money, thing of value, or financial benefit.

(d) "Consideration" means a payment of any money, or the purchase of goods, services, or intangible property but shall not include:

1. The purchase of goods or services furnished at cost to be used in making sales and not for resale.

2. Time and effort spent in pursuit of sales or recruiting activities.

(e) "Current and marketable" includes inventory that, in the case of consumable or durable goods, is unopened, unused and within its commercially reasonable use of shelf-life period. In the case of services and intangible property, including internet sites, "current and marketable" means the unexpired portion of any contract or agreement. The term "current and marketable" does not include inventory that has been clearly described to the participant prior to purchase as a seasonal, discontinued, or special promotion product not subject to the plan or operation's inventory repurchase program.

(f) "Inventory" includes both goods and services, including company-produced promotional materials, sales aids and sales kits that the plan or operation requires independent salespersons to purchase.

(g) "Inventory loading" means that the plan or operation requires or encourages its independent salespersons to purchase inventory in an amount that unreasonably exceeds that which the salesperson can expect to resell for ultimate consumption, or to use or consume, in a reasonable time period.

(h) "Participant" means a natural person who joins a plan or operation.

(i) "Person" means a natural person, partnership, corporation, trust, estate, business trust, joint venture, unincorporated association, or any other legal or commercial entity.

(j) "Promote" means to contrive, prepare, establish, plan, operate, advertise or otherwise induce or attempt to induce another person to be a participant.

(k) "Pyramid promotional scheme" means any plan or operation in which a participant gives consideration for the right to receive compensation that is derived primarily from the recruitment of other persons as participants in the plan or operation rather than from the sales of goods, services or intangible property to participants or by participants to others.

(3) A limitation as to the number of persons who may participate, or the presence of additional conditions affecting eligibility, or upon payment of anything of value by a person whereby the person obtains any other property in addition to the right to receive consideration, does not change the identity of the scheme as a pyramid promotional scheme.

(4) Any person, or any agent or employee thereof who willfully and knowingly promotes, offers, advertises, or grants participation in a pyramid promotional scheme shall be guilty of a felony.

(5) All pyramid promotional schemes offered by the same person, or agents or employees thereof, or any person controlled by or affiliated with such person, for the same type of consideration, at substantially the same period of time and for the same general purpose, shall be deemed to be one (1) integrated pyramid promotional scheme, even though such pyramid promotional schemes may be given different names or other designations.

(6) Nothing in this section or in any rule promulgated pursuant to this section shall be construed to prohibit a plan or operation, or to define such plan or operation as a pyramid promotional scheme, based upon the fact that participants in the plan or operation give consideration in return for the right to receive compensation based upon purchases of goods, services or intangible property by participants for personal use, consumption or resale, provided the plan or operation implements an appropriate inventory repurchase program and does not promote inventory loading.

(7) Any violation of this section shall also be deemed an unfair and deceptive practice in violation of the Idaho consumer protection act. Any person aggrieved by a violation of this section can recover monetary damages pursuant to the Idaho consumer protection act.

(8) The rights and remedies that are granted under the provisions of this section to purchasers in pyramid promotional schemes are independent of and in addition to any other right or remedy available to them in law or equity, and nothing contained herein shall be construed to diminish or abrogate any such right or remedy.

History:

[18-3101, added 1983, ch. 241, sec. 1, p. 649; am. 2004, ch. 51, sec. 1, p. 240.]
Idaho Code § 18-7207 — Idaho Code / Title 18 / Chapter 72 / Section 18-7207
18-7207 ALTERATION OF ORE VALUES.
Status: in_force

18-7207. Alteration of ore values. Every person, corporation or association, or the agent of any person, corporation or association, engaged in milling, sampling, concentrating, reducing, shipping or purchasing ores in this state, who in any manner knowingly alters or changes the true value of any ores delivered to him or them, so as to deprive the seller of the result of the correct value of the same, or who issues any bill of sale or certificate of purchase that does not exactly and truthfully state the actual weight, assay value and total amount paid for any lot or lots of ore purchased, or who, by any secret understanding or agreement with another, issues a bill of sale or certificate of purchase that does not exactly and truthfully state the actual weight, assay value and total amount paid for any lot or lots of ore purchased, or who, by any secret understanding or agreement with another, issues a bill of sale or certificate of purchase that does not truthfully and correctly set forth the weight, assay value and total amount paid for any lot or lots of ore purchased by him, is guilty of a misdemeanor, and shall be punished as provided in the preceding section.

History:

[18-7207, added 1972, ch. 336, sec. 1, p. 980.]
Idaho Code § 18-8201 — Idaho Code / Title 18 / Chapter 82 / Section 18-8201
18-8201 MONEY LAUNDERING AND ILLEGAL INVESTMENT — PENALTY — RESTITUTION.
Status: in_force

18-8201. Money laundering and illegal investment — Penalty — Restitution. (1) It is unlawful for any person to knowingly or intentionally give, sell, transfer, trade, invest, conceal, transport, or make available anything of value that the person knows is intended to be used to commit or further a pattern of racketeering activity as defined in section 18-7803(d), Idaho Code, or a violation of the provisions of chapter 27, title 37, Idaho Code.

(2) It is unlawful for any person to knowingly or intentionally direct, plan, organize, initiate, finance, manage, supervise, or facilitate the transportation or transfer of proceeds known by that person to be derived from a pattern of racketeering activity as defined in section 18-7803(d), Idaho Code, or a violation of the provisions of chapter 27, title 37, Idaho Code.

(3) It is unlawful for any person to knowingly or intentionally conduct a financial transaction involving proceeds known by that person to be derived from a pattern of racketeering activity as defined in section 18-7803(d), Idaho Code, or a violation of the provisions of chapter 27, title 37, Idaho Code, if the transaction is designed in whole or in part to conceal or disguise the nature, location, source, ownership, or control of the proceeds, or to avoid a transaction reporting requirement under state or federal law.

(4) A person who violates the provisions of this section is guilty of a felony and upon conviction may be fined not more than two hundred fifty thousand dollars ($250,000) or twice the value of the property involved in the transaction, whichever is greater, or be imprisoned for not more than ten (10) years, or be both so fined and imprisoned.

(5) 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.

History:

[18-8201, added 1992, ch. 335, sec. 1, p. 1004; am. 1993, ch. 105, sec. 3, p. 270.]
Idaho Code § 18-1401A — Idaho Code / Title 18 / Chapter 14 / Section 18-1401A
18-1401A COMMERCIAL BURGLARY DEFINED.
Status: in_force

18-1401A. commercial burglary defined. Any person who commits a burglary as defined in section 18-1401, Idaho Code, with the intent to commit theft and the theft is from a commercial retailer during business hours and the amount of the theft is under three hundred dollars ($300) is guilty of commercial burglary. Any person who pleads guilty to, or is found guilty of, a violation of this section for the first time is guilty of a misdemeanor and may be sentenced to a jail sentence not to exceed six (6) months, a fine of one thousand dollars ($1,000), or both. Any person who pleads guilty to, or is found guilty of, a violation of this section who previously has been found guilty of, or has pled guilty to, a violation of the provisions of this section within five (5) years is guilty of a misdemeanor and may be sentenced to a jail sentence not to exceed one (1) year, a fine of two thousand dollars ($2,000), or both. Any person who pleads guilty to, or is found guilty of, a violation of this section who previously has been found guilty of, or has pled guilty to, two (2) or more violations of the provisions of this section within five (5) years, notwithstanding the form of the judgments or withheld judgments, shall be guilty of a felony.

History:

[18-1401A, added 2020, ch. 219, sec. 2, p. 651; am. 2021, ch. 185, sec. 2, p. 508.]
Idaho Code § 18-3125A — Idaho Code / Title 18 / Chapter 31 / Section 18-3125A
18-3125A UNAUTHORIZED FACTORING OF CREDIT CARD SALES DRAFTS.
Status: in_force

18-3125A. Unauthorized factoring of credit card sales drafts. It is unlawful for any person to knowingly and with intent to defraud, employ, solicit or otherwise cause an authorized credit card merchant, or for the authorized credit card merchant itself, to present to the issuer for payment any credit card sales draft pertaining to any sale or purported sale of goods or services which was not made by such authorized credit card merchant in the ordinary course of business, except with the express authorization of the issuer.

History:

[18-3125A, added 1991, ch. 331, sec. 4, p. 858.]
Idaho Code § 18-102 — Idaho Code / Title 18 / Chapter 1 / Section 18-102
18-102 SUFFICIENCY OF INTENT TO DEFRAUD.
Status: in_force

18-102. Sufficiency of intent to defraud. Whenever, by any of the provisions of this code, an intent to defraud is required in order to constitute any offense, it is sufficient if an intent appears to defraud any person, association, or body politic or corporate, whatever.

History:

[18-102, added 1972, ch. 336, sec. 1, p. 847.]
Idaho Code § 18-6810 — Idaho Code / Title 18 / Chapter 68 / Section 18-6810
18-6810 INTENTIONAL DESTRUCTION OF A TELECOMMUNICATION LINE OR TELECOMMUNICATION INSTRUMENT.
Status: in_force

18-6810. Intentional destruction of a telecommunication line or telecommunication instrument. (1) Any person who intentionally takes down, removes, injures or obstructs in any manner any telecommunication line or, any part thereof, or appurtenances or apparatus connected therewith, or severs any wire thereof or who intentionally takes, withholds, takes down, removes, injures or obstructs any telephone instrument or other instrument that is used or could be used to facilitate the transmission of messages, signals, facsimiles, video images or other communication by means of telephone, telegraph, cable, wire or the projection of energy or waves without physical connection (such as wireless or cellular), with the intent to prohibit, disrupt, inhibit, delay, disconnect or otherwise interfere with a person's ability to make contact with or otherwise communicate with an emergency service provider is guilty of a misdemeanor and shall be punished by a fine of up to one thousand dollars ($1,000) or by imprisonment in the county jail for up to one (1) year, or both.

(2) For purposes of this statute, a "telecommunication line" shall be defined as any line used or that could be used for the transmission of any type of message or information, regardless of form or content.

(3) For purposes of this statute, an "emergency service provider" includes law enforcement, emergency medical service providers (including, but not limited to, ambulance, EMS, or paramedic service providers), fire suppression service providers, dispatch centers, dispatch personnel, and any person, entity, or security business (including private business) that has the authority to dispatch such service providers or that otherwise makes available the service of requesting a response, or providing notification of the need for a response, by any of the foregoing emergency service providers. The term "emergency service provider" shall also include any personnel, service or entity that can be contacted, either directly or indirectly, by dialing "911."

History:

[18-6810, added 2002, ch. 227, sec. 1, p. 654; am. 2003, ch. 247, sec. 1, p. 638.]
Idaho Code § 18-3203 — Idaho Code / Title 18 / Chapter 32 / Section 18-3203
18-3203 OFFERING FALSE OR FORGED INSTRUMENT FOR RECORD.
Status: in_force

18-3203. Offering false or forged instrument for record. Every person who knowingly procures or offers any false or forged instrument to be filed, registered or recorded in any public office within this state, which instrument, if genuine, might be filed, or registered, or recorded under any law of this state, or of the United States, is guilty of a felony.

History:

[18-3203, added 1972, ch. 336, sec. 1, p. 910.]
Idaho Code § 18-2604 — Idaho Code / Title 18 / Chapter 26 / Section 18-2604
18-2604 INTIMIDATING A WITNESS.
Status: in_force

18-2604. Intimidating a witness. (1) Any person who, by direct or indirect force, or by any threats to a person or property, or by any manner wilfully intimidates, influences, impedes, deters, threatens, harasses, obstructs or prevents a witness, including a child witness, or any person who may be called as a witness or any person he believes may be called as a witness in any civil proceeding from testifying freely, fully and truthfully in that civil proceeding is guilty of a misdemeanor.

(2) Any person who, by direct or indirect force, or by any threats to a person or property, or by any manner wilfully intimidates, threatens or harasses any person because such person has testified or because he believes that such person has testified in any civil proceedings is guilty of a misdemeanor.

(3) Any person who, by direct or indirect force, or by any threats to person or property, or by any manner wilfully intimidates, influences, impedes, deters, threatens, harasses, obstructs or prevents, a witness, including a child witness, or any person who may be called as a witness or any person he believes may be called as a witness in any criminal proceeding or juvenile evidentiary hearing from testifying freely, fully and truthfully in that criminal proceeding or juvenile evidentiary hearing is guilty of a felony.

(4) Any person who, by direct or indirect force, or by any threats to a person or property, or by any manner wilfully intimidates, threatens or harasses any person because such person has testified or because he believes that such person has testified in any criminal proceeding or juvenile evidentiary hearing is guilty of a felony.

(5) The fact that a person was not actually prevented from testifying shall not be a defense to a charge brought under subsection (1), (2), (3) or (4) of this section.

History:

[18-2604, added 1985, ch. 174, sec. 2, p. 456; am. 1993, ch. 46, sec. 1, p. 118; am. 1995, ch. 50, sec. 1, p. 117; am. 1996, ch. 272, sec. 18, p. 899.]
Idaho Code § 18-3127 — Idaho Code / Title 18 / Chapter 31 / Section 18-3127
18-3127 RECEIVING OR POSSESSING FRAUDULENTLY OBTAINED GOODS OR SERVICES.
Status: in_force

18-3127. Receiving or possessing fraudulently obtained goods or services. It is unlawful for any person to receive, retain, conceal, possess or dispose of personal property, cash or other representative of value, who knows or has reason to believe the property, cash or other representative of value has been obtained by fraud as set forth in sections 18-3123, 18-3124, 18-3125A and 18-3126, Idaho Code.

History:

[(18-3127) 18-3126, added 1981, ch. 164, sec. 5, p. 290; am. 1991, ch. 331, sec. 5, p. 859; am. and redesig. 1999, ch. 124, sec. 4, p. 364.]
Idaho Code § 18-3320 — Idaho Code / Title 18 / Chapter 33 / Section 18-3320
18-3320 UNLAWFUL USE OF DESTRUCTIVE DEVICE OR BOMB.
Status: in_force

18-3320. Unlawful use of destructive device or bomb. Any person who knowingly, intentionally, or recklessly:

(1) Conspires to use, uses or causes to be used a destructive device or bomb in the commission of or an attempt to commit a felony; or

(2) With the intent to injure the person or property of another, transports a bomb or destructive device; or

(3) Injures another or conspires or attempts to injure another in his person or property through the use of a destructive device or bomb is guilty of a felony, punishable by up to a twenty-five thousand dollar ($25,000) fine and life in prison.

History:

[18-3320, added 1997, ch. 272, sec. 1, p. 797.]
Idaho Code § 18-4624 — Idaho Code / Title 18 / Chapter 46 / Section 18-4624
18-4624 TAKEN OR CONVERTED MERCHANDISE AS THEFT.
Status: in_force

18-4624. Taken or converted merchandise as theft. A person steals property and commits theft by the alteration, transfer or removal of any label, price tag, marking, indicia of value or any other markings which aid in the determination of value of any merchandise displayed, held, stored, or offered for sale, in a retail mercantile establishment, for the purpose of attempting to purchase such merchandise either personally or in consort with another, at less than the retail price with the intention of depriving the merchant of the value of such merchandise.

History:

[18-4624, added 1980, ch. 336, sec. 1, p. 870.]
Idaho Code § 18-7206 — Idaho Code / Title 18 / Chapter 72 / Section 18-7206
18-7206 USE OF FRAUDULENT SCALES FOR ORE.
Status: in_force

18-7206. Use of fraudulent scales for ore. Every person, association or corporation, or the agent of any person, association or corporation, engaged in the business of milling, sampling, concentrating, reducing, shipping or purchasing ores, who keeps or uses any false or fraudulent scales or weights for weighing ores, who keeps or uses any false or fraudulent assay scales or weights for ascertaining the assay value of ore, knowing them to be false, is guilty of a misdemeanor, and is punishable by a fine in any sum not exceeding $1000, or by imprisonment in the county jail for a term of not more than one year nor less than one month, or by both such fine and imprisonment.

History:

[18-7206, added 1972, ch. 336, sec. 1, p. 980.]
Idaho Code § 18-5812A — Idaho Code / Title 18 / Chapter 58 / Section 18-5812A
18-5812A INDIVIDUALS WITH DISABILITIES MAY BE ACCOMPANIED BY SERVICE DOGS — PENALTY FOR INTENTIONAL VIOLATION.
Status: in_force

18-5812A. individuals with disabilities may be accompanied by service dogs — Penalty for intentional violation. (1) An individual with a disability shall not be denied the use of any common carrier or public transportation facility or admittance to any hotel, motel, cafe, elevator, housing for sale or rent, or any other place of public accommodation within the state of Idaho by reason of his being accompanied by a service dog. An individual with a disability shall be entitled to have a service dog with him in such places and while using such facilities without being required to pay any additional charges for his service dog, but shall be liable for any damage caused by his service dog.

(2) Any person, firm, association, or corporation or agent of any person, firm, association, or corporation intentionally violating the provisions of this section shall be guilty of a misdemeanor.

History:

[18-5812A, added 1972, ch. 336, sec. 1, p. 956; am. 1984, ch. 147, sec. 3, p. 343; am. 1992, ch. 58, sec. 3, p. 169; am. 1997, ch. 267, sec. 6, p. 765; am. 2019, ch. 213, sec. 4, p. 646.]
Idaho Code § 18-6721 — Idaho Code / Title 18 / Chapter 67 / Section 18-6721
18-6721 APPLICATION FOR AN ORDER FOR A PEN REGISTER OR A TRAP AND TRACE DEVICE.
Status: in_force

18-6721. Application for an order for a pen register or a trap and trace device. (1) The prosecuting attorney or attorney general may make application for an order or an extension of an order under section 18-6722, Idaho Code, authorizing or approving the installation and use of a pen register or a trap and trace device under this chapter, in writing under oath or equivalent affirmation to the district court.

(2) An application under subsection (1) of this section shall include:

(a) The identity of the prosecuting attorney or attorney general making the application and the identity of the law enforcement agency conducting the investigation; and

(b) A certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency.

History:

[18-6721, added 1987, ch. 215, sec. 3, p. 462.]
Idaho Code § 18-5415 — Idaho Code / Title 18 / Chapter 54 / Section 18-5415
18-5415 FALSE REPORT OF CHILD ABUSE, ABANDONMENT, OR NEGLECT.
Status: in_force

18-5415. false report of child abuse, abandonment, or neglect. Any person who intentionally and willfully makes a report of child abuse, abandonment, or neglect to a law enforcement agency or the department of health and welfare knowing such report to be false shall be guilty of a misdemeanor.

History:

[18-5415, added 2023, ch. 103, sec. 1, p. 307.]
Idaho Code § 18-9001 — Idaho Code / Title 18 / Chapter 90 / Section 18-9001
18-9001 SHORT TITLE.
Status: in_force

18-9001. SHORT TITLE. This chapter shall be known and may be cited as the "Immigration Cooperation and Enforcement Act."

History:

[18-9001, added 2025, ch. 183, sec. 1, p. 857.]
Idaho Code § 18-2411 — Idaho Code / Title 18 / Chapter 24 / Section 18-2411
18-2411 UNLAWFUL USE OF THEFT DETECTION SHIELDING DEVICES.
Status: in_force

18-2411. Unlawful use of theft detection shielding devices. (1) A person commits unlawful use of a theft detection shielding device when he knowingly manufacturers, sells, offers for sale or distributes any laminated, or coated bag or device peculiar to shielding and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor.

(2) A person commits unlawful possession of a theft detection shielding device when he knowingly possesses any laminated or coated bag or device peculiar to and designed for shielding and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor, with the intent to commit theft.

(3) A person commits unlawful possession of a theft detection device remover when he knowingly possesses any tool or device designed to allow the removal of any theft detection device from any merchandise without the permission of the merchant or person owning or holding the merchandise.

(4) A person commits the offense of unlawful removal of a theft detection device when he intentionally removes the device from a product prior to purchase.

(5) A person who commits unlawful use of a theft detection shielding device, unlawful possession of a theft detection shielding device, unlawful possession of a theft detection device remover or unlawful removal of a theft detection device shall be guilty of a misdemeanor for a first offense of a violation of the provisions of this section. Any person who pleads guilty to or is found guilty of a violation of the provisions of this section, or any substantially conforming statute in another state or local jurisdiction for a second time within five (5) years, notwithstanding the form of the judgment(s) or withheld judgment(s), shall be guilty of a felony and shall be punished by a fine not to exceed one thousand dollars ($1,000) or shall be sentenced to the custody of the state board of correction for a term not to exceed five (5) years or both.

History:

[18-2411, added 2000, ch. 129, sec. 1, p. 305.]
Idaho Code § 18-202 — Idaho Code / Title 18 / Chapter 2 / Section 18-202
18-202 TERRITORIAL JURISDICTION OVER ACCUSED PERSONS LIABLE TO PUNISHMENT.
Status: in_force

18-202. Territorial jurisdiction over accused persons liable to punishment. The following persons are liable to punishment under the laws of this state:

1. All persons who commit, in whole or in part, any crime within this state.

2. All who commit larceny or robbery out of this state, and bring to, or are found with the property stolen, in this state.

3. All who, being out of this state, cause or aid, advise or encourage, another person to commit a crime within this state and are afterwards found therein.

History:

[18-202, added 1972, ch. 336, sec. 1, p. 849.]
Idaho Code § 18-2323 — Idaho Code / Title 18 / Chapter 23 / Section 18-2323
18-2323 PLACING PLACARDS IN BOOTHS.
Status: in_force

18-2323. Placing placards in booths. Any person or officer of election who shall put, or permit to be put, into a voting booth, any placard, notice or device, except the sample ballots and cards of instruction as by law provided, intended or likely to call the attention of the voter to any candidate, or to urge the voter to vote for any particular candidate, or shall put, or allow anything to be put, into such booths for the use or comfort of the voter whereby the claims of any candidate are urged upon the voter, either directly or indirectly, shall be imprisoned in the county jail not to exceed three (3) months, or fined not to exceed $500.00, or both.

History:

[18-2323, added 1972, ch. 336, sec. 1, p. 893.]
Idaho Code § 18-9011 — Idaho Code / Title 18 / Chapter 90 / Section 18-9011
18-9011 IMMUNITY.
Status: in_force

18-9011. immunity. A law enforcement official or custodial authority acting in good faith to carry out duties or activities allowed by this chapter shall have immunity from damages or liability from such actions.

History:

[18-9011, added 2025, ch. 183, sec. 1, p. 860.]
Idaho Code § 18-2304 — Idaho Code / Title 18 / Chapter 23 / Section 18-2304
18-2304 PROCURING ILLEGAL VOTES.
Status: in_force

18-2304. Procuring illegal votes. Every person who procures, aids, assists, counsels or advises another to give or offer his vote at any election, knowing that the person is not qualified to vote, is guilty of a misdemeanor.

History:

[18-2304, added 1972, ch. 336, sec. 1, p. 889.]
Idaho Code § 18-113B — Idaho Code / Title 18 / Chapter 1 / Section 18-113B
18-113B INCARCERATION OF JUVENILES FOR MISDEMEANOR OR FELONY OFFENSES.
Status: in_force

18-113B. Incarceration of juveniles for misdemeanor or felony offenses. (1) Juveniles committing offenses which lie outside the scope of the juvenile corrections act, chapter 5, title 20, Idaho Code, and not charged under section 20-508 or 20-509, Idaho Code, may, in the discretion of a court or arresting officer, be placed in a juvenile detention facility or juvenile shelter care facility rather than in a county jail pending arraignment or trial, if arrested or held on bond. The option of placing a juvenile in such a facility shall not affect the misdemeanor or felony status of the offense.

(2) Juveniles committing offenses which lie outside the scope of the juvenile corrections act, chapter 5, title 20, Idaho Code, and not charged under section 20-508 or 20-509, Idaho Code, may, in the discretion of the court, be sentenced:

(a) To serve time in a juvenile detention facility rather than in a county jail; or

(b) To serve time in a community sentencing alternative when a mandatory minimum period of incarceration is not required by statute.

The option of placing a juvenile in such a facility shall not affect the misdemeanor or felony status of the offense.

History:

[18-113B, added 1984, ch. 82, sec. 1, p. 157; am. 2004, ch. 23, sec. 2, p. 26.]
Idaho Code § 18-7031 — Idaho Code / Title 18 / Chapter 70 / Section 18-7031
18-7031 PLACING DEBRIS ON PUBLIC OR PRIVATE PROPERTY.
Status: in_force

18-7031. Placing debris on public or private property. It shall constitute an infraction for any person, natural or artificial, to deposit upon any public or private property within this state any debris, paper, litter, glass bottles, glass, nails, tacks, hooks, hoops, cans, barbed wire, boards, trash, garbage, lighted material or other waste substances on any place not authorized by any county, city, village or the owner of such property, and is punishable by a fine of one hundred fifty dollars ($150). A second conviction under this section within two (2) years of the commission of the prior offense for which the person was convicted shall constitute an infraction and be punishable by a fine not exceeding three hundred dollars ($300). A third conviction under this section within three (3) years of the first offense for which the person was convicted shall constitute a misdemeanor and be punishable by a fine not exceeding one thousand dollars ($1,000) and by imprisonment in the county jail not exceeding thirty (30) days. Additionally, a peace officer or state fish and game personnel supervised public service of not less than eight (8) hours and not more than forty (40) hours may be imposed to clean up and to properly dispose of debris from public property, or from private property with the written consent of the private property owner, as ordered by the court.

History:

[18-7031, added 1972, ch. 336, sec. 1, p. 979; am. 1994, ch. 119, sec. 1, p. 269; am. 2006, ch. 71, sec. 19, p. 222; am. 2015, ch. 177, sec. 2, p. 578.]
Idaho Code § 18-7032 — Idaho Code / Title 18 / Chapter 70 / Section 18-7032
18-7032 TAMPERING WITH PARKING METERS, COIN TELEPHONES OR VENDING MACHINES — POSSESSION OF KEYS.
Status: in_force

18-7032. Tampering with parking meters, coin telephones or vending machines — Possession of keys. Any person who without lawful authority, wilfully and wrongfully, opens, removes or damages any parking meter, coin telephone or other vending machine dispensing goods or services, or a part thereof; or possesses a key or device specifically designed to open or break any parking meter, coin telephone or other vending machine dispensing goods or services; or possesses a drawing, print or mold of a key or device specifically designed to open or break any parking meter, coin telephone or other vending machine dispensing goods or services, shall be guilty of a misdemeanor.

History:

[I.C., sec. 18-7032, as added by 1972, ch. 381, sec. 15, p. 1102.]
Idaho Code § 18-6405 — Idaho Code / Title 18 / Chapter 64 / Section 18-6405
18-6405 PUNISHMENT FOR UNLAWFUL ASSEMBLY.
Status: in_force

18-6405. Punishment for unlawful assembly. Every person who participates in any unlawful assembly is guilty of a misdemeanor.

History:

[18-6405, added 1972, ch. 336, sec. 1, p. 965; am. 1994, ch. 167, sec. 3, p. 375.]
Idaho Code § 18-1517A — Idaho Code / Title 18 / Chapter 15 / Section 18-1517A
18-1517A HIRING, EMPLOYING, ETC., MINOR TO ENGAGE IN CERTAIN ACTS — PENALTY.
Status: in_force

18-1517A. Hiring, employing, etc., minor to engage in certain acts — Penalty. Every person who, with knowledge that a person is a minor under eighteen (18) years of age, or who, while in the possession of such facts that he should reasonably know that such person is a minor under eighteen (18) years of age, hires, employs, or uses such minor to do or assist in doing any of the acts described in section 18-4103, Idaho Code, is guilty of a misdemeanor. If such person has previously been convicted of a violation of this section he shall be guilty of a felony.

History:

[I.C., sec. 18-1517A, as added by 1973, ch. 305, sec. 18, p. 655.]
Idaho Code § 18-6106 — Idaho Code / Title 18 / Chapter 61 / Section 18-6106
18-6106 RESTITUTION TO VICTIM.
Status: in_force

18-6106. Restitution to victim. Persons convicted of offenses covered under this chapter may be ordered by the court to provide restitution to the victim for specific costs incurred by the victim as a result of injury or loss caused by the criminal act.

History:

[18-6106, added 1977, ch. 208, sec. 3, p. 574.]
Idaho Code § 18-7039 — Idaho Code / Title 18 / Chapter 70 / Section 18-7039
18-7039 KILLING AND OTHERWISE MISTREATING POLICE DOGS, POLICE HORSES, SEARCH AND RESCUE DOGS AND ACCELERANT DETECTION DOGS.
Status: in_force

18-7039. Killing and otherwise mistreating police dogs, police horses, search and rescue dogs and accelerant detection dogs. (1) Definitions:

(a) "Police dog" shall include:

(i) "Bomb detection dog" means a dog trained to locate bombs or explosives by scent;

(ii) "Electronic storage detection dog" means a dog trained to locate electronic storage devices by scent;

(iii) "Narcotic detection dog" means a dog trained to locate narcotics by scent;

(iv) "Patrol dog" means a dog trained to protect a peace officer and to apprehend a person;

(v) "Tracking dog" means a dog trained to track and find a missing person, escaped inmate or fleeing felon.

(b) "Police horse" means any horse that is owned, or the service of which is employed, by a law enforcement agency for the principal purpose of aiding in detection of criminal activity, enforcement of laws and apprehension of offenders.

(c) "Search and rescue dog" means a dog that is trained to locate lost or missing persons, victims of natural or man-made disasters, and human bodies.

(d) "Accelerant detection dog" means a dog that is used exclusively for accelerant detection, commonly referred to as arson canines.

(2) The provisions of this section shall apply to police dogs and police horses used by peace officers, including any used by a corrections officer in the performance of the officer's duties, and to search and rescue dogs and accelerant detection dogs used by peace officers or certified handlers under the supervision of a peace officer. The provisions of this section shall apply when the animals are on duty and when not on duty.

(3) Any person who willfully and maliciously and with no legal justification, and with intent to inflict such injury or death, personally causes the death, destruction, or serious physical injury, including bone fracture, loss or impairment of function of any bodily organ, wounds requiring extensive suturing, or serious crippling, of any police dog, police horse, search and rescue dog or accelerant detection dog, shall be guilty of a felony under this section and shall be punished by imprisonment in the state penitentiary for a period not to exceed five (5) years, or by a fine not to exceed ten thousand dollars ($10,000), or by both such fine and imprisonment.

(4) Any person who willfully, maliciously and with no legal justification throws, hurls or projects at a police dog, police horse or search and rescue dog, any rock, object or other substance that is used in such a manner as to be capable of producing injury and likely to produce injury or kicks, strikes, beats, or torments any police dog, police horse or search and rescue dog is guilty of a misdemeanor and shall be punished by imprisonment for not more than one (1) year or by a fine not exceeding one thousand dollars ($1,000), or by both such fine and imprisonment.

(5) Any person who willfully and maliciously and with no legal justification interferes with or obstructs any police dog, police horse or search and rescue dog being used by any peace officer in the discharge of the officer's duties by teasing, agitating, or harassing such animals, or who causes another person or persons, animal or animals, to do likewise, is guilty of a misdemeanor and shall be punished by imprisonment for not more than one (1) year or by a fine not exceeding one thousand dollars ($1,000), or by both such fine and imprisonment.

(6) In any case in which a defendant is convicted of a violation of the provisions of this section, the defendant shall be ordered to make restitution to the agency owning the animal and employing the peace officer for any veterinary bills, replacement costs of the animal if it is disabled or killed, and the salary of the peace officer for the period of time his or her services are lost to the agency.

(7) The provisions of this subsection do not apply to peace officers or veterinarians who terminate the life of such a police dog, police horse or search and rescue dog for the purpose of relieving the police dog, police horse or search and rescue dog of undue pain or suffering.

History:

[18-7039, added 1994, ch. 157, sec. 1, p. 357; am. 2026, ch. 179, sec. 1, p. 820.]
Idaho Code § 18-5803 — Idaho Code / Title 18 / Chapter 58 / Section 18-5803
18-5803 EXPOSURE OF ANIMAL CARCASSES.
Status: in_force

18-5803. Exposure of animal carcasses. Every person who puts the carcass of any dead animal, or the offal of any slaughter pen, corral or butcher shop, into any river, creek, pond, street, alley, public highway or road in common use, or who attempts to destroy the same by fire within one-fourth (1/4) of a mile of any city, town or village, is guilty of a misdemeanor.

History:

[18-5803, added 1972, ch. 336, sec. 1, p. 955.]
Idaho Code § 18-5902 — Idaho Code / Title 18 / Chapter 59 / Section 18-5902
18-5902 PUBLIC NUISANCE — UNEQUAL DAMAGE.
Status: in_force

18-5902. Public nuisance — Unequal damage. An act which affects an entire community or neighborhood, or any considerable number of persons, as specified in the last section, is not less a nuisance because the extent of the annoyance or damage inflicted upon individuals is unequal.

History:

[18-5902, added 1972, ch. 336, sec. 1, p. 958.]
Idaho Code § 18-111B — Idaho Code / Title 18 / Chapter 1 / Section 18-111B
18-111B MISDEMEANOR DEFINED FURTHER.
Status: in_force

18-111B. Misdemeanor defined further. Wherever the words misdemeanor, petty misdemeanor or violation are used in the entire Idaho Code as well as the 1972 Session Law amendments thereto, these terms or any of them shall be construed to mean misdemeanor and shall be punished, unless otherwise provided for in a specific act, as provided under the General Misdemeanor Statute contained in section 18-113, Idaho Code.

History:

[I.C., sec. 18-111B, as added by 1972, ch. 381, sec. 3, p. 1102.]
Idaho Code § 18-3622 — Idaho Code / Title 18 / Chapter 36 / Section 18-3622
18-3622 FRAUDULENT SALE OR LEASE OF RESIDENTIAL REAL PROPERTY.
Status: in_force

18-3622. fraudulent sale or lease of residential real property. A person who lists or advertises residential real property for sale knowing that the purported seller has no legal title or authority to sell the property or who rents or leases the property to another person knowing that he has no lawful ownership in the property or leasehold interest in the property commits a felony.

History:

[18-3622, added 2025, ch. 222, sec. 3, p. 1044.]
Idaho Code § 18-4623 — Idaho Code / Title 18 / Chapter 46 / Section 18-4623
18-4623 STEALING ELECTRIC CURRENT — EVIDENCE OF GUILT.
Status: in_force

18-4623. Stealing electric current — Evidence of guilt. In all prosecutions under the two (2) preceding sections, proof that any of the acts herein forbidden were done on or about the premises owned or occupied by the defendant charged with the commission of such offense, or that he received the benefit of any such electric current on account of the commission of such acts, shall be prima facie evidence of the guilt of such defendant.

History:

[18-4623, added 1972, ch. 336, sec. 1, p. 941.]
Idaho Code § 18-7104 — Idaho Code / Title 18 / Chapter 71 / Section 18-7104
18-7104 FEDERAL GOVERNMENT AGENTS AND LOCAL COORDINATION.
Status: in_force

18-7104. federal government agents and local coordination. Prior to executing a search warrant on private land pursuant to section 18-7103, Idaho Code, federal government agents shall notify the county sheriff, unless exigent circumstances exist.

History:

[18-7104, added 2026, ch. 261, sec. 1, p. 1110.]
Idaho Code § 18-8310A — Idaho Code / Title 18 / Chapter 83 / Section 18-8310A
18-8310A DISTRICT COURT TO RELEASE FROM REGISTRATION REQUIREMENTS — EXPUNGEMENT.
Status: in_force

18-8310A. district court to release from registration requirements — expungement. Any person who was convicted under section 18-6101 1., Idaho Code, as it existed before July 1, 2010, where such person would not have been convicted under section 18-6101(1) or (2), Idaho Code, may petition the district court for a determination to be exempted from the duty to register as a sexual offender. If the district court finds that such person would not have been convicted under section 18-6101(1) or (2), Idaho Code, then the district court may exempt the petitioner from the duty to register as a sexual offender and may order that any information regarding the petitioner be expunged from the central registry. In the petition, the petitioner shall:

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

(2) Provide an affidavit that states the following:

(a) The specific underlying facts of petitioner's conviction and that such facts do not come within the provisions of section 18-6101(1) or (2), Idaho Code;

(b) The petitioner does not have a criminal charge pending nor is the petitioner knowingly under criminal investigation for any crime identified in section 18-8304, Idaho Code; and

(c) The petitioner is not required to register as a sexual offender for any other reason set forth in this chapter.

History:

[18-8310A, added 2012, ch. 271, sec. 2, p. 766.]
Idaho Code § 18-7907 — Idaho Code / Title 18 / Chapter 79 / Section 18-7907
18-7907 ACTION FOR PROTECTION.
Status: in_force

18-7907. action for protection. (1) There shall exist an action known as a "petition for a protection order" in cases where a person intentionally engages in the following conduct:

(a) Stalks, in any degree, as described in sections 18-7905 and 18-7906, Idaho Code;

(b) Telephones another with the intent to terrify, threaten, or intimidate such other person and addresses to such other person any threat to inflict injury or physical harm to the person addressed or any member of his family and engages in such conduct with any device that provides transmission of messages, signals, facsimiles, video images, or other communication by means of telephone, telegraph, cable, wire, or the projection of energy without physical connection between persons who are physically separated from each other; or

(c) Based upon another person's race, color, religion, ancestry, or national origin, intimidates or harasses another person or causes, or threatens to cause, physical injury to another person or damage to any real or personal property of another person.

(2) A person may seek relief from such conduct for himself, his children or his ward by filing a verified petition for a protection order with the magistrate division of the district court, alleging specific facts that a person for whom protection is sought was the victim of such conduct within the ninety (90) days immediately preceding the filing of the petition and that such conduct is likely to occur in the future. Evidence of such conduct occurring prior to such ninety (90) day period may be admissible to show that conduct committed within the ninety (90) day period is part of a course or pattern of conduct as described in subsection (1) of this section and may be admissible as otherwise permitted in accordance with court rule and decisional law.

(3) Upon the filing of a verified petition for a protection order, the court shall hold a hearing within fourteen (14) days to determine whether the relief sought shall be granted unless the court determines that the petition fails to state sufficient facts to warrant relief authorized by this section. If either party is represented by counsel at such hearing, the court shall grant a request for a continuance of the proceedings so that counsel may be obtained by the other party. Such order may require either the petitioner or respondent, or both, to pay for costs, including reasonable attorney's fees.

(4) Upon a showing by a preponderance of the evidence that a person for whom protection is sought in the petition was the victim of conduct committed by the respondent that constitutes conduct as described in subsection (1) of this section, within ninety (90) days immediately preceding the filing of the petition, and that such conduct is likely to occur in the future to such person, the court may issue a protection order. Such protection order may:

(a) Direct the respondent to refrain from conduct described in subsection (1) of this section;

(b) Order the respondent to refrain from contacting the petitioner or any other person for whom the petition sought protection; and

(c) Grant such other relief and impose such other restrictions as the court deems proper, that may include a requirement that the respondent not knowingly remain within a certain distance of the protected person, which distance restriction may not exceed one thousand five hundred (1,500) feet.

(5) The petition and the court's protection order shall be served on the respondent in the manner provided in section 39-6310, Idaho Code.

(6)(a) Notice of a protection order shall be forwarded by the clerk of the court, 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 public safety and security information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the Idaho public safety and security information 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.

(c) 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 protection order.

(7) Any relief granted by a protection order, other than a judgment for costs, shall be for a fixed period not to exceed one (1) year; provided that a protection order obtained pursuant to this section may, upon motion and upon good cause shown, be renewed, modified, or terminated by further order of the court with notice to all parties and after a hearing or written stipulation filed with the court.

(8) Whenever a protection order, or an ex parte temporary protection order issued pursuant to this chapter, is granted and the respondent or person to be restrained was served a copy of the order in the manner provided in section 39-6310, Idaho Code, a violation of the provisions of the order shall be a misdemeanor punishable by not to exceed one (1) year in jail and a fine not to exceed five thousand dollars ($5,000). A peace officer may arrest without a warrant and take into custody a person who the peace officer has probable cause to believe has violated such order.

(9) A petition shall be filed in the county of the respondent's residence, the petitioner's residence or where the petitioner is temporarily residing.

(10) A person may file a single verified petition seeking relief pursuant to this chapter and section 39-6304, Idaho Code. Such petition shall separately set forth the matters pertaining to each such provision of law. All procedural and substantive requirements governing petitions for domestic violence protection orders under chapter 63, title 39, Idaho Code, shall apply with respect to the issuance of such domestic violence protection orders.

(11) As used in this section, "contact" means any actual physical contact; contact or attempted contact, directly or indirectly, by telephone, pager, e-mail, facsimile or other oral, written or electronic means of communication.

History:

[18-7907, added 2016, ch. 270, sec. 1, p. 725; am. 2019, ch. 162, sec. 1, p. 547.]
Idaho Code § 18-3802 — Idaho Code / Title 18 / Chapter 38 / Section 18-3802
18-3802 GAMBLING PROHIBITED.
Status: in_force

18-3802. Gambling prohibited. (1) A person is guilty of gambling if he:

(a) Participates in gambling; or

(b) Knowingly permits any gambling to be played, conducted or dealt upon or in any real or personal property owned, rented, or under the control of the actor, whether in whole or in part.

(2) Gambling is a misdemeanor.

History:

[I.C., sec. 18-3802, as added by lst Ex. Session 1992, ch. 2, sec. 4, p. 5.]
Idaho Code § 18-3202 — Idaho Code / Title 18 / Chapter 32 / Section 18-3202
18-3202 PRIVATE PERSON STEALING, MUTILATING OR FALSIFYING PUBLIC RECORDS.
Status: in_force

18-3202. Private person stealing, mutilating or falsifying public records. Every person not an officer such as is referred to in the preceding section, who is guilty of any of the acts specified in that section, is punishable by imprisonment in the state prison not exceeding five (5) years, or in a county jail not exceeding one (1) year, or by a fine not exceeding one thousand dollars ($1,000), or by both.

History:

[18-3202, added 1972, ch. 336, sec. 1, p. 910; am. 2006, ch. 71, sec. 8, p. 219.]
Idaho Code § 18-3308 — Idaho Code / Title 18 / Chapter 33 / Section 18-3308
18-3308 SELLING EXPLOSIVES, AMMUNITION OR FIREARMS TO MINORS.
Status: in_force

18-3308. Selling explosives, ammunition or firearms to minors. No person, firm, association or corporation shall sell or give to any minor under the age of sixteen (16) years any powder, commonly called gunpowder, of any description, or any dynamite or other explosive, or any shells or fixed ammunition of any kind, except shells loaded for use in shotguns and for use in rifles of twenty-two (22) caliber or smaller, or any firearms of any description, without the written consent of the parents or guardian of such minor first had and obtained. Any person, firm, association or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor.

History:

[18-3308, added 1972, ch. 336, sec. 1, p. 912; am. 1994, ch. 131, sec. 14, p. 300.]
Idaho Code § 18-1405 — Idaho Code / Title 18 / Chapter 14 / Section 18-1405
18-1405 BURGLARY WITH EXPLOSIVES.
Status: in_force

18-1405. Burglary with explosives. Any person who with intent to commit crime breaks and enters any building whether inhabited or not, and opens or attempts to open any vault, safe, or other secure place within said building by use of nitroglycerin, dynamite, gunpowder or any other explosive, shall be deemed guilty of burglary with explosives. Any person duly convicted of burglary with explosives shall be sentenced to the penitentiary for a period of not less than ten (10) years, nor more than twenty-five (25) years.

History:

[18-1405, added 1972, ch. 336, sec. 1, p. 872; am. 1992, ch. 167, sec. 3, p. 532.]
Idaho Code § 18-4702 — Idaho Code / Title 18 / Chapter 47 / Section 18-4702
18-4702 ALTERATION OF ENROLLED COPIES.
Status: in_force

18-4702. Alteration of enrolled copies. Every person who fraudulently alters the enrolled copy of any bill or resolution which has been passed or adopted by the legislature with intent to procure it to be approved by the governor, or certified by the secretary of state, or printed or published by the printer of the statutes, in language different from that in which it was passed or adopted by the legislature, is guilty of felony.

History:

[18-4702, added 1972, ch. 336, sec. 1, p. 942.]
Idaho Code § 18-5621 — Idaho Code / Title 18 / Chapter 56 / Section 18-5621
18-5621 PRESERVATION OF PROPERTY — WARRANT OF SEIZURE — PROTECTIVE ORDERS.
Status: in_force

18-5621. 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 18-5612, 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 18-5612, 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 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:

[18-5621, added 2013, ch. 249, sec. 4, p. 602; am. 2024, ch. 147, sec. 19, p. 564.]
Idaho Code § 18-920 — Idaho Code / Title 18 / Chapter 9 / Section 18-920
18-920 VIOLATION OF NO CONTACT ORDER.
Status: in_force

18-920. Violation of no contact order. (1) When a person is charged with or convicted of an offense under section 18-901, 18-903, 18-905, 18-907, 18-909, 18-911, 18-913, 18-915, 18-918, 18-919, 18-6710, 18-6711, 18-7905, 18-7906 or 39-6312, Idaho Code, or any other offense for which a court finds that a no contact order is appropriate, an order forbidding contact with another person may be issued. A no contact order may be imposed by the court or by Idaho criminal rule.

(2) A violation of a no contact order is committed when:

(a) A person has been charged or convicted under any offense defined in subsection (1) of this section; and

(b) A no contact order has been issued, either by a court or by an Idaho criminal rule; and

(c) The person charged or convicted has had contact with the stated person in violation of an order.

(3) A violation of a no contact order is punishable by a fine not exceeding one thousand dollars ($1,000) or by imprisonment in the county jail not to exceed one (1) year, or both. Any person who pleads guilty to or is found guilty of a violation of this section who previously has pled guilty to or been found guilty of two (2) violations of this section, or of any substantially conforming foreign criminal violation or any combination thereof, notwithstanding the form of the judgment or withheld judgment, within five (5) years of the first conviction, shall be guilty of a felony and shall be punished by imprisonment in the state prison for a term not to exceed five (5) years or by a fine not to exceed five thousand dollars ($5,000), or by both fine and imprisonment. No bond shall be set for this violation until the person charged is brought before the court which will set bond. Further, any such violation may result in the increase, revocation or modification of the bond set in the underlying charge for which the no contact order was imposed.

(4) A peace officer may arrest without a warrant and take into custody a person whom the peace officer has probable cause to believe has violated a no contact order issued under this section if the person restrained had notice of the order.

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

History:

[18-920, added 1997, ch. 314, sec. 1, p. 929; am. 1998, ch. 353, sec. 1, p. 1111; am. 2000, ch. 146, sec. 1, p. 375; am. 2000, ch. 239, sec. 1, p. 670; am. 2004, ch. 337, sec. 1, p. 1007; am. 2008, ch. 259, sec. 1, p. 752.]
Idaho Code § 18-305 — Idaho Code / Title 18 / Chapter 3 / Section 18-305
18-305 CONVICTION OF ATTEMPT WHEN CRIME IS CONSUMMATED.
Status: in_force

18-305. Conviction of attempt when crime is consummated. Any person may be convicted of an attempt to commit a crime, although it appears on the trial that the crime intended or attempted was perpetrated by such person in pursuance of such attempt, unless the court, in its discretion, discharges the jury, and directs such person to be tried for such crime.

History:

[18-305, added 1972, ch. 336, sec. 1, p. 857.]
Idaho Code § 18-7603 — Idaho Code / Title 18 / Chapter 76 / Section 18-7603
18-7603 UNLAWFUL TRANSFER, SALE, DISTRIBUTION, ADVERTISEMENT.
Status: in_force

18-7603. Unlawful transfer, sale, distribution, advertisement. It shall be unlawful and punishable:

(1) For any person to knowingly, and without the consent of the owner, transfer or cause to be transferred or recorded any sounds previously recorded on a phonograph record, disc, wire, tape, film or other article on which sounds are recorded with the intent to sell such articles, or cause them to be sold for profit or used to promote the sale of any product.

(2) For any person to knowingly, or with reasonable grounds to know, advertise, or offer for sale or resale, or sell or resell, distribute or possess for such purposes, any article that has been produced in violation of the provisions of subsection (1) of this section.

(3) For any person to advertise, or offer for sale or resale, or sell or resell, or possess for such purposes, any phonograph record, disc, wire, tape, film or other article on which sounds are recorded, unless the outside cover, box, jacket or container clearly and conspicuously discloses the actual name and address of the manufacturer thereof, and the name of the actual performer or group.

History:

[18-7603, added 1976, ch. 112, sec. 1, p. 440.]
Idaho Code § 18-4105A — Idaho Code / Title 18 / Chapter 41 / Section 18-4105A
18-4105A REQUIRING PURCHASER OR CONSIGNEE TO RECEIVE OBSCENE MATTER AS CONDITION TO SALE, ETC. — PENALTY.
Status: in_force

18-4105A. Requiring purchaser or consignee to receive obscene matter as condition to sale, etc. — Penalty. Every person, who, knowingly, as a condition to a sale, allocation, consignment, or delivery for resale of any paper, magazine, book, periodical, publication or other merchandise, requires that the purchaser or consignee receive any matter reasonably believed by the purchaser or consignee to be obscene, or who denies or threatens to deny a franchise, revokes or threatens to revoke, or imposes any penalty, financial or otherwise, by reason of the failure of any person to accept such matter, or by reason of the return of such matter, is guilty of a misdemeanor.

History:

[18-4105A, added 1976, ch. 81, sec. 6, p. 263.]
Idaho Code § 18-1601 — Idaho Code / Title 18 / Chapter 16 / Section 18-1601
18-1601 COMPOUNDING FELONY OR MISDEMEANOR.
Status: in_force

18-1601. Compounding felony or misdemeanor. Every person who, having knowledge of the actual commission of a crime, takes money or property of another, or any gratuity or reward, or any engagement, or promise thereof, upon any agreement or understanding to compound or conceal, such crime, or to abstain from any prosecution thereof, or to withhold any evidence thereof, except in the cases provided for by law, in which crimes may be compromised by leave of court, is punishable as follows:

(1) By imprisonment in the state prison not exceeding five (5) years, or in a county jail not exceeding one (1) year, where the crime was punishable by death or imprisonment in the state prison for life.

(2) By imprisonment in the state prison not exceeding three (3) years, or in the county jail not exceeding six (6) months where the crime was punishable by imprisonment in the state prison for any other term than for life.

(3) By imprisonment in the county jail not exceeding six (6) months, or by fine not exceeding one thousand dollars ($1,000), where the crime was a misdemeanor.

History:

[18-1601, added 1972, ch. 336, sec. 1, p. 878; am. 2006, ch. 71, sec. 1, p. 216.]
Idaho Code § 18-5410 — Idaho Code / Title 18 / Chapter 54 / Section 18-5410
18-5410 SUBORNATION OF PERJURY.
Status: in_force

18-5410. Subornation of perjury. Every person who wilfully procures another person to commit perjury is guilty of subornation of perjury, and is punishable in the same manner as he would be if personally guilty of the perjury so procured.

History:

[18-5410, added 1972, ch. 336, sec. 1, p. 949.]
Idaho Code § 18-2314 — Idaho Code / Title 18 / Chapter 23 / Section 18-2314
18-2314 BETTING ON ELECTIONS.
Status: in_force

18-2314. Betting on elections. Every person who makes, offers, or accepts any bet or wager upon the result of any election, or upon the success or failure of any person or candidate, or upon the number of votes to be cast, either in the aggregate or for any particular candidate, or upon the vote to be cast by any person, is guilty of a misdemeanor.

History:

[18-2314, added 1972, ch. 336, sec. 1, p. 891.]
Idaho Code § 18-8312 — Idaho Code / Title 18 / Chapter 83 / Section 18-8312
18-8312 SEXUAL OFFENDER MANAGEMENT BOARD — APPOINTMENT — TERMS — VACANCIES — CHAIRMAN — QUORUM — QUALIFICATIONS OF MEMBERS — COMPENSATION OF MEMBERS.
Status: in_force

18-8312. Sexual offender management board — Appointment — Terms — Vacancies — Chairman — Quorum — Qualifications of members — Compensation of members. (1) A sexual offender management board is hereby created within the Idaho department of correction. The board shall consist of ten (10) voting members appointed by the governor by and with the advice and consent of the senate. Present members shall continue to serve for the balance of their initial terms of appointment. Thereafter, any member appointed or reappointed shall serve for a term of three (3) years. Members shall be eligible for reappointment to the board without limitation. The board shall be charged with the advancement and oversight of sexual offender management policies and practices statewide.

(2) Vacancies in the membership of the board shall be filled in the same manner in which the original appointments are made. Members appointed to a vacant position shall serve the remainder of the unexpired term.

(3) Qualifications of members.

(a) One (1) member of the board shall have, by education, experience and training, expertise in the assessment and treatment of adult sexual offenders.

(b) One (1) member of the board shall have, by education, experience and training, expertise in the assessment and treatment of juveniles who have been adjudicated for sexual offenses.

(c) One (1) member of the board shall have, by education, experience and training, expertise in cultural diversity and behavior of sexual offenders as they relate to assessment and treatment.

(d) One (1) member of the board shall be from the Idaho department of correction.

(e) One (1) member of the board shall be from the Idaho department of juvenile corrections.

(f) One (1) member of the board shall be an attorney who has experience in the prosecution of sexual offenders through the criminal justice process.

(g) One (1) member of the board shall be an attorney who has experience in the defense of sexual offenders through the criminal justice process.

(h) One (1) member of the board shall be from the Idaho sheriffs' association.

(i) One (1) member of the board shall be a representative of the public.

(j) One (1) member of the board shall have, by education, experience and training, expertise in postconviction sexual offender polygraph examination.

(4) In addition, there shall be advisory to the board, one (1) nonvoting member representing the judiciary who shall be appointed by the chief justice of the Idaho supreme court. The term of appointment for the judicial member shall be four (4) years.

(5) The board may create subcommittees to address specific issues. Such subcommittees may include board members as well as invited experts and other stakeholders or participants.

(6) The board shall elect a chairman from its members.

(7) A quorum shall exist when a majority of the board is present.

(8) Members shall be compensated as provided by section 59-509(o), Idaho Code.

History:

[18-8312, added 1998, ch. 411, sec. 2, p. 1283; am. 2002, ch. 183, sec. 2, p. 533; am. 2011, ch. 311, sec. 12, p. 893; am. 2015, ch. 306, sec. 1, p. 1208.]
Idaho Code § 18-4802 — Idaho Code / Title 18 / Chapter 48 / Section 18-4802
18-4802 PUNISHMENT FOR LIBEL.
Status: in_force

18-4802. Punishment for libel. Every person who wilfully, and with a malicious intent to injure another, publishes, or procures to be published, any libel, is punishable by fine not exceeding $5000, or imprisonment in the county jail not exceeding six (6) months.

History:

[18-4802, added 1972, ch. 336, sec. 1, p. 944.]
Idaho Code § 18-2004 — Idaho Code / Title 18 / Chapter 20 / Section 18-2004
18-2004 PUNISHMENT FOR CRIMINAL SOLICITATION.
Status: in_force

18-2004. Punishment for criminal solicitation. Every person who is found guilty of criminal solicitation to commit a crime is punishable in the same manner and to the same extent as for an attempt to commit such crime.

History:

[18-2004, added 1982, ch. 270, sec. 1, p. 702.]
Idaho Code § 18-2315 — Idaho Code / Title 18 / Chapter 23 / Section 18-2315
18-2315 ELECTION OFFENSES NOT OTHERWISE PROVIDED FOR.
Status: in_force

18-2315. Election offenses not otherwise provided for. Unless a different punishment is otherwise prescribed by law, every person who willfully violates any of the provisions of the laws of this state relating to elections is punishable by fine not exceeding $1,000, or by imprisonment in the state prison not exceeding five (5) years, or by both.

History:

[18-2315, added 1972, ch. 336, sec. 1, p. 891; am. 2017, ch. 293, sec. 3, p. 775.]
Idaho Code § 18-3316 — Idaho Code / Title 18 / Chapter 33 / Section 18-3316
18-3316 UNLAWFUL POSSESSION OF A FIREARM.
Status: in_force

18-3316. Unlawful possession of a firearm. (1) A person who previously has been convicted of a felony who purchases, owns, possesses, or has under his custody or control any firearm shall be guilty of a felony and shall be imprisoned in the state prison for a period of time not to exceed five (5) years and by a fine not to exceed five thousand dollars ($5,000).

(2) For the purpose of subsection (1) of this section, "convicted of a felony" shall include a person who has entered a plea of guilty, nolo contendere or has been found guilty of any of the crimes enumerated in section 18-310, Idaho Code, or to a comparable felony crime in another state, territory, commonwealth, or other jurisdiction of the United States.

(3) Subsection (1) of this section shall not apply to a person whose conviction has been nullified by expungement, pardon, setting aside the conviction or other comparable procedure by the jurisdiction where the felony conviction occurred; or whose civil right to bear arms either specifically or in combination with other civil rights has been restored by any other provision of Idaho law.

History:

[18-3316, added 1992, ch. 224, sec. 1, p. 675; am. 2002, ch. 187, sec. 1, p. 541; am. 2015, ch. 303, sec. 6, p. 1198.]
Idaho Code § 18-1361 — Idaho Code / Title 18 / Chapter 13 / Section 18-1361
18-1361 SELF-INTERESTED CONTRACTS — EXCEPTION.
Status: in_force

18-1361. Self-interested contracts — Exception. Where there are less than three (3) suppliers of a good or a service within a fifteen (15) mile radius of where the good or service is to be provided, it shall not constitute a violation of the provisions of subsection (1) (d) or (e) of section 18-1359, Idaho Code, for a public servant or for his relative to contract with the public body of which the public servant is a member if the contract is reasonably necessary to respond to a disaster as defined in chapter 10, title 46, Idaho Code, or if the procedures listed below are strictly observed. For purposes of this section, "relative" shall mean any person related to the public servant by blood or marriage within the second degree.

(1) The contract is competitively bid and the public servant or his relative submits the low bid; and

(2) Neither the public servant nor his relative takes any part in the preparation of the contract or bid specifications, and the public servant takes no part in voting on or approving the contract or bid specifications; and

(3) The public servant makes full disclosure, in writing, to all members of the governing body, council or board of said public body of his interest or that of his relative and of his or his relative's intention to bid on the contract; and

(4) Neither the public servant nor his relative has violated any provision of Idaho law pertaining to competitive bidding or improper solicitation of business.

History:

[18-1361, added 1990, ch. 328, sec. 2, p. 901; am. 1991, ch. 34, sec. 1, p. 71; am. 1996, ch. 193, sec. 1, p. 602.]
Idaho Code § 18-6409 — Idaho Code / Title 18 / Chapter 64 / Section 18-6409
18-6409 DISTURBING THE PEACE.
Status: in_force

18-6409. Disturbing the peace. (1) Every person who maliciously and willfully disturbs the peace or quiet of any religious gathering, house of worship, neighborhood, family, or person, by loud or unusual noise, by tumultuous or offensive conduct, by threatening, traducing, quarreling, challenging to fight or fighting, or by firing any gun or pistol, is guilty of a misdemeanor.

(2) Every person who maliciously and willfully disturbs the dignity or reverential nature of any funeral, memorial service, funeral procession, burial ceremony or viewing of a deceased person is guilty of a misdemeanor.

History:

[18-6409, added 1972, ch. 336, sec. 1, p. 965; am. 1972, ch. 381, sec. 14, p. 1102; am. 1994, ch. 167, sec. 4, p. 375; am. 2007, ch. 130, sec. 1, p. 387; am. 2026, ch. 94, sec. 1, p. 521.]
Idaho Code § 18-5605 — Idaho Code / Title 18 / Chapter 56 / Section 18-5605
18-5605 DETENTION FOR COMMERCIAL SEXUAL ACTIVITY.
Status: in_force

18-5605. Detention for commercial sexual activity. Anyone who holds, detains, or restrains or who attempts to hold, detain or restrain another person for the purpose of compelling such 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:

[18-5605, added 1972, ch. 336, sec. 1, p. 952; am. 1981, ch. 324, sec. 5, p. 674; am. 1994, ch. 130, sec. 5, p. 294; am. 2024, ch. 147, sec. 7, p. 560.]
Idaho Code § 18-7606 — Idaho Code / Title 18 / Chapter 76 / Section 18-7606
18-7606 EXCEPTIONS.
Status: in_force

18-7606. Exceptions. The provisions of this act shall not apply to any broadcaster, who, in connection with or as part of a radio, television, or cable broadcast transmission, or for the purpose of archival preservation, transfers any such sounds recorded on a sound recording.

History:

[18-7606, added 1976, ch. 112, sec. 1, p. 441.]
Idaho Code § 18-8612 — Idaho Code / Title 18 / Chapter 86 / Section 18-8612
18-8612 INVENTORY.
Status: in_force

18-8612. inventory. Any peace officer of this state seizing property subject to forfeiture under the provisions of this chapter shall cause a written inventory to be made and shall maintain custody of the same until all legal actions have been exhausted. A copy of the inventory shall be sent, within five (5) days of the seizure, to the director of the Idaho state police. Upon completion of the forfeiture action, pursuant to this chapter, a final inventory shall be made that indicates the disposition of the seized property, and a copy of that inventory shall also be sent to the director of the Idaho state police.

History:

[18-8612, added 2024, ch. 147, sec. 33, p. 570.]
Idaho Code § 18-3615 — Idaho Code / Title 18 / Chapter 36 / Section 18-3615
18-3615 SALE OF COUNTERFEIT GOODS.
Status: in_force

18-3615. Sale of counterfeit goods. Every person who sells or keeps for sale any goods upon or to which any counterfeited trade-mark has been affixed, intending to represent such goods as the genuine goods of another, knowing the same to be counterfeited, is guilty of a misdemeanor.

History:

[18-3615, added 1972, ch. 336, sec. 1, p. 919.]
Idaho Code § 18-8325 — Idaho Code / Title 18 / Chapter 83 / Section 18-8325
18-8325 EXEMPTION FROM CIVIL LIABILITY.
Status: in_force

18-8325. 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 sexual offenders, has a duty to inquire, investigate or disclose any information regarding registered sexual 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 sexual offenders, shall be held liable for any failure to disclose any information regarding registered sexual 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:

[18-8325, added 1998, ch. 411, sec. 2, p. 1290.]
Idaho Code § 18-6806 — Idaho Code / Title 18 / Chapter 68 / Section 18-6806
18-6806 RELINQUISHMENT OF TELEPHONE LINE FOR EMERGENCY MESSAGES.
Status: in_force

18-6806. Relinquishment of telephone line for emergency messages. Any person using a telephone line by which use restricts or denies use of such line by other persons shall relinquish the use of such line to any other person requesting the use of such line for emergency messages.

History:

[I.C., sec. 18-6806, as added by 1972, ch. 336, sec. 1, p. 971.]
Idaho Code § 18-7601 — Idaho Code / Title 18 / Chapter 76 / Section 18-7601
18-7601 SHORT TITLE.
Status: in_force

18-7601. Short title. This act shall be known as the "Idaho Tape Piracy Act of 1976."

History:

[18-7601, added 1976, ch. 112, sec. 1, p. 440.]
Idaho Code § 18-1701 — Idaho Code / Title 18 / Chapter 17 / Section 18-1701
18-1701 CRIMINAL CONSPIRACY DEFINED.
Status: in_force

18-1701. Criminal conspiracy defined. If two (2) or more persons combine or conspire to commit any crime or offense prescribed by the laws of the state of Idaho, and one (1) or more of such persons does any act to effect the object of the combination or conspiracy, each shall be punishable upon conviction in the same manner and to the same extent as is provided under the laws of the state of Idaho for the punishment of the crime or offenses that each combined to commit.

History:

[18-1701, added 1978, ch. 117, sec. 2, p. 268.]
Idaho Code § 18-6308 — Idaho Code / Title 18 / Chapter 63 / Section 18-6308
18-6308 VIOLATION OF REVENUE LAWS.
Status: in_force

18-6308. Violation of revenue laws. Any officer who, at the same time, performs the duties of any two officers, in any manner connected with the public revenue, except in the manner expressly provided by law, or any collecting or disbursing officer who refuses or neglects the performance of the duties required of him by the title, Revenue, of the Idaho Code, is guilty of a felony, and on conviction thereof must be punished by imprisonment in the state prison for not more than one year, or by a fine of not less than $200 nor more than $1,000, or by both such fine and imprisonment, and must forthwith be removed from office.

History:

[18-6308, added 1972, ch. 336, sec. 1, p. 964.]
Idaho Code § 18-7006 — Idaho Code / Title 18 / Chapter 70 / Section 18-7006
18-7006 TRESPASS OF PRIVACY.
Status: in_force

18-7006. Trespass of privacy. It shall be unlawful for any person, upon the private property of another, to intentionally look, peer or peek in the door, window, or other transparent opening of any inhabited building or other structure located thereon, without visible or lawful purpose. Any person who violates the provisions of this section shall be guilty of a misdemeanor.

History:

[18-7006, added 1999, ch. 209, sec. 1, p. 559.]
Idaho Code § 18-4803 — Idaho Code / Title 18 / Chapter 48 / Section 18-4803
18-4803 TRUTH MAY BE PROVED — MALICE — JURY TO DETERMINE LAW AND FACT.
Status: in_force

18-4803. Truth may be proved — Malice — Jury to determine law and fact. In all criminal prosecutions for libel, the truth may be given in evidence to the jury, and if it appears to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted. The jury has the right to determine the law and the fact.

History:

[18-4803, added 1972, ch. 336, sec. 1, p. 944.]
Idaho Code § 18-9007 — Idaho Code / Title 18 / Chapter 90 / Section 18-9007
18-9007 SENTENCING ENHANCEMENT.
Status: in_force

18-9007. sentencing enhancement. Any person eighteen (18) years of age or older who is found guilty of or pleads guilty to any dangerous crime shall be sentenced to a mandatory minimum term of confinement to the custody of the state board of correction for a period of not less than five (5) years if it is found by the trier of fact that previous to the commission of such dangerous crime the defendant has been deported or is under order of removal or deportation pursuant to federal authority.

History:

[18-9007, added 2025, ch. 183, sec. 1, p. 859.]
Idaho Code § 18-113 — Idaho Code / Title 18 / Chapter 1 / Section 18-113
18-113 PUNISHMENT FOR MISDEMEANOR.
Status: in_force

18-113. Punishment for misdemeanor. (1) Except in cases where a different punishment is prescribed in this code, every offense declared to be a misdemeanor, is punishable by imprisonment in a county jail not exceeding six (6) months, or by a fine not exceeding one thousand dollars ($1,000), or by both.

(2) In addition to any other punishment prescribed for misdemeanors in specific statutes of the Idaho Code, the court may also impose a fine of up to one thousand dollars ($1,000). This paragraph shall not apply if the specific misdemeanor statute provides for the imposition of a fine.

History:

[18-113, added 1972, ch. 336, sec. 1, p. 848; am. 1994, ch. 141, sec. 1, p. 315; am. 2005, ch. 359, sec. 1, p. 1133.]
Idaho Code § 18-7901 — Idaho Code / Title 18 / Chapter 79 / Section 18-7901
18-7901 PURPOSE.
Status: in_force

18-7901. Purpose. The legislature finds and declares that it is the right of every person regardless of race, color, ancestry, religion or national origin, to be secure and protected from fear, intimidation, harassment, and physical harm caused by the activities of groups and individuals. It is not the intent of this act to interfere with the exercise of rights protected by the constitution of the United States. The legislature recognizes the constitutional right of every citizen to harbor and express beliefs on any subject whatsoever and to associate with others who share similar beliefs. The legislature further finds that the advocacy of unlawful acts by groups or individuals against other persons or groups for the purpose of inciting and provoking damage to property and bodily injury or death to persons is not constitutionally protected, poses a threat to public order and safety, and should be subject to criminal sanctions.

History:

[18-7901, added 1983, ch. 110, sec. 2, p. 237.]
Idaho Code § 18-2408 — Idaho Code / Title 18 / Chapter 24 / Section 18-2408
18-2408 PUNISHMENT FOR THEFT.
Status: in_force

18-2408. Punishment for theft. (1) Grand theft committed in a manner prescribed in subsection (1)(a) of section 18-2407, Idaho Code, is a felony punishable by fine not exceeding ten thousand dollars ($10,000) or imprisonment in the state prison for not less than one (1) year nor more than twenty (20) years, or by both such fine and imprisonment.

(2) (a) Grand theft committed in a manner prescribed in subsection (1)(b)1., 2., 3., 4., 5., 6., 8., 9. or 10. of section 18-2407, Idaho Code, or a felony committed in a manner prescribed in section 18-2415, Idaho Code, is a felony punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in the state prison for not less than one (1) year nor more than fourteen (14) years, or by both such fine and imprisonment.

(b) Grand theft committed in a manner prescribed in subsection (1)(b)7. of section 18-2407, Idaho Code, is a felony punishable by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), and the minimum fine shall not be suspended or withheld, or by imprisonment in the state prison for not less than one (1) year nor more than fourteen (14) years, or by both such fine and imprisonment. In addition, the court shall assess civil damages as provided in section 25-1910, Idaho Code.

(3) Petit theft is a misdemeanor punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding one (1) year or by both.

History:

[18-2408, added 1981, ch. 183, sec. 2, p. 325; am. 1983, ch. 19, sec. 2, p. 55; am. 1987, ch. 84, sec. 2, p. 159; am. 1995, ch. 216, sec. 1, p. 754; am. 2001, ch. 112, sec. 2, p. 403; am. 2002, ch. 257, sec. 2, p. 748; am. 2002, ch. 289, sec. 1, p. 837.]
Idaho Code § 18-616 — Idaho Code / Title 18 / Chapter 6 / Section 18-616
18-616 SEVERABILITY.
Status: in_force

18-616. Severability. If any one (1) or more provision, section, subsection, sentence, clause, phrase, or word of this chapter or the application thereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable and the balance of this chapter shall remain effective notwithstanding such unconstitutionality. The legislature hereby declares that it would have passed every section of this chapter and each provision, section, subsection, sentence, clause, phrase or word thereof irrespective of the fact that any one (1) or more provision, section, subsection, sentence, clause, phrase or word be declared unconstitutional.

History:

[(18-616) 18-615, added 2000, ch. 7, sec. 8, p. 21; am. and redesig. 2008, ch. 388, sec. 2, p. 1068.]
Idaho Code § 18-1505A — Idaho Code / Title 18 / Chapter 15 / Section 18-1505A
18-1505A ABANDONING A VULNERABLE ADULT.
Status: in_force

18-1505A. Abandoning a vulnerable adult. (1) Any person who abandons a vulnerable adult, as that term is defined in section 18-1505, Idaho Code, in deliberate disregard of the vulnerable adult's safety or welfare, regardless of whether the vulnerable adult suffered physical harm from the act of abandonment, shall be guilty of a felony and shall be imprisoned in the state prison for a period not in excess of five (5) years, or by a fine not exceeding five thousand dollars ($5,000), or by both such fine and imprisonment. It shall not be a defense to prosecution under the provisions of this section that the perpetrator lacked the financial ability or means to provide food, clothing, shelter or medical care reasonably necessary to sustain the life and health of a vulnerable adult.

(2) As used in this section "abandon" means the desertion or willful forsaking of a vulnerable adult by any individual, caretaker as defined by subsection (4)(b) of section 18-1505, Idaho Code, or entity which has assumed responsibility for the care of the vulnerable adult by contract, receipt of payment of care, any relationship arising from blood or marriage wherein the vulnerable adult has become the dependent of another or by order of a court of competent jurisdiction; provided that abandon shall not mean the termination of services to a vulnerable adult by a physician licensed under chapter 18, title 54, Idaho Code, or anyone under his direct supervision, where the physician determines, in the exercise of his professional judgment, that termination of such services is in the best interests of the patient.

History:

[18-1505A, added 1993, ch. 179, sec. 1, p. 460; am. 1994, ch. 136, sec. 4, p. 309; am. 2005, ch. 166, sec. 2, p. 507.]
Idaho Code § 18-3906 — Idaho Code / Title 18 / Chapter 39 / Section 18-3906
18-3906 PLACING DEBRIS ON HIGHWAYS.
Status: in_force

18-3906. Placing debris on highways. (1) It shall constitute an infraction for any person to throw from any vehicle, place, deposit or permit to be deposited upon or alongside of any highway, street, alley or easement used by the public for public travel, any debris, paper, litter, glass bottles, glass, nails, tacks, hooks, hoops, cans, barbed wire, boards, trash or garbage, lighted material, or other waste substance, and is punishable by a fine of one hundred fifty dollars ($150). A second conviction under this section within two (2) years of the commission of the prior offense for which the person was convicted shall constitute an infraction and be punishable by a fine not exceeding three hundred dollars ($300). A third conviction under this section within three (3) years of the first offense for which the person was convicted shall constitute a misdemeanor and be punishable by a fine not exceeding one thousand dollars ($1,000) and by imprisonment in the county jail not exceeding thirty (30) days. For the purposes of this section, the terms "highway," "street," "alley" or "easement" shall be construed to include the entire right-of-way of such highway, street, alley or easement. The Idaho transportation department is directed to post along state highways, at convenient and appropriate places, notices of the context of said law.

(2) Notwithstanding the provisions of section 19-4705, Idaho Code, the court may order that fifty dollars ($50.00) of the fine imposed under the provisions of this section be paid by the defendant to the person or persons, other than the officer making the arrest, who, in the judgment of the court, provided information that led directly to the arrest and conviction of the defendant.

(3) It shall constitute a misdemeanor for any person to willfully throw, deposit, or place, or to lose and willfully leave upon or alongside of any highway or street used by the public for public travel, any debris, substance, object or material that impedes traffic or creates a hazardous driving condition, and is punishable by a fine not exceeding two thousand five hundred dollars ($2,500) or by imprisonment in the county jail not exceeding six (6) months, or by both.

History:

[18-3906, added 1972, ch. 336, sec. 1, p. 925; am. 1974, ch. 12, sec. 86, p. 61; am. 1986, ch. 298, sec. 1, p. 747; am. 2015, ch. 177, sec. 1, p. 578; am. 2015, ch. 183, sec. 1, p. 587.]
Idaho Code § 18-1307 — Idaho Code / Title 18 / Chapter 13 / Section 18-1307
18-1307 FORFEITURE OF OFFICE ON CONVICTION.
Status: in_force

18-1307. Forfeiture of office on conviction. Every officer convicted of any crime defined in this chapter, in addition to the punishment prescribed, forfeits his office.

History:

[18-1307, added 1972, ch. 336, sec. 1, p. 871.]
Idaho Code § 18-6804 — Idaho Code / Title 18 / Chapter 68 / Section 18-6804
18-6804 BURNING ELECTRIC LINES OR PLANTS.
Status: in_force

18-6804. Burning electric lines or plants. It shall be unlawful for any person within the state of Idaho to set fire, wilfully or maliciously, that shall result in the destruction or injury of any line erected or constructed for the transmission of electrical current, or any poles, conduits, cables, wires, insulators or any support upon which wires or cables may be suspended, or any part of any such line or appurtenances or apparatus connected therewith, or any house, shop, building or other structure, or appurtenances thereto, or machinery connected therewith, or necessary to the use of, any line erected or constructed for the transmission of electrical current, or to set fire that shall in any manner interrupt the transmission of electrical current along such line.

History:

[18-6804, added 1972, ch. 336, sec. 1, p. 971.]
Idaho Code § 18-2708 — Idaho Code / Title 18 / Chapter 27 / Section 18-2708
18-2708 MAKING APPOINTMENTS FOR REWARD.
Status: in_force

18-2708. Making appointments for reward. Every public officer who for any gratuity or reward, appoints another person to a public office, or permits another person to exercise or discharge any of the duties of his office, is punishable by a fine not exceeding $5,000, and in addition thereto forfeits his office.

History:

[18-2708, added 1972, ch. 336, sec. 1, p. 900.]
Idaho Code § 18-201 — Idaho Code / Title 18 / Chapter 2 / Section 18-201
18-201 PERSONS CAPABLE OF COMMITTING CRIMES.
Status: in_force

18-201. Persons capable of committing crimes. All persons are capable of committing crimes, except those belonging to the following classes:

1. Persons who committed the act or made the omission charged, under an ignorance or mistake of fact which disproves any criminal intent.

2. Persons who committed the act charged without being conscious thereof.

3. Persons who committed the act or made the omission charged, through misfortune or by accident, when it appears that there was not evil design, intention or culpable negligence.

4. Persons (unless the crime be punishable with death) who committed the act or made the omission charged, under threats or menaces sufficient to show that they had reasonable cause to and did believe their lives would be endangered if they refused.

History:

[I.C., sec. 18-201, as added by 1972, ch. 336, sec. 1, p. 849.]
Idaho Code § 18-4504A — Idaho Code / Title 18 / Chapter 45 / Section 18-4504A
18-4504A NOTICE OF INTENT TO SEEK DEATH PENALTY.
Status: in_force

18-4504A. Notice of intent to seek death penalty. A sentence of death shall not be imposed unless the prosecuting attorney filed written notice of intent to seek the death penalty with the court and served the notice upon the defendant or his attorney of record no later than thirty (30) days after entry of a plea. A notice of intent to seek the death penalty may be withdrawn at any time prior to the imposition of sentence.

History:

[18-4504A, added 2000, ch. 126, sec. 2, p. 300.]
Idaho Code § 18-4013 — Idaho Code / Title 18 / Chapter 40 / Section 18-4013
18-4013 DISCHARGE OF DEFENDANT WHEN HOMICIDE JUSTIFIABLE OR EXCUSABLE.
Status: in_force

18-4013. Discharge of defendant when homicide justifiable or excusable. The homicide appearing to be justifiable or excusable, the person indicted must, upon his trial, be fully acquitted and discharged.

History:

[18-4013, added 1972, ch. 336, sec. 1, p. 931.]
Idaho Code § 18-4807 — Idaho Code / Title 18 / Chapter 48 / Section 18-4807
18-4807 REPORT OF PUBLIC PROCEEDING.
Status: in_force

18-4807. Report of public proceeding. No reporter, editor, or proprietor of any newspaper is liable to any prosecution for a fair and true report of any judicial, legislative, or other public official proceedings, or of any statement, speech, argument, or debate in the course of the same, except upon proof of malice in making such report, which shall not be implied from the mere fact of publication.

History:

[18-4807, added 1972, ch. 336, sec. 1, p. 944.]
Idaho Code § 18-4505 — Idaho Code / Title 18 / Chapter 45 / Section 18-4505
18-4505 INQUIRY INTO MITIGATING OR AGGRAVATING CIRCUMSTANCES — SENTENCE IN KIDNAPPING CASES — STATUTORY AGGRAVATING CIRCUMSTANCES — JUDICIAL FINDINGS.
Status: in_force

18-4505. Inquiry into mitigating or aggravating circumstances — Sentence in kidnapping cases — Statutory aggravating circumstances — Judicial findings. 1. After a plea or verdict of guilty, where a discretion is conferred upon the court as to the extent of the punishment, the court, upon the oral or written suggestion of either party that there are circumstances which may be properly taken into view either in aggravation or mitigation of the punishment, may, in its discretion, hear the same summarily, at a specified time, and upon such notice to the adverse party as it may direct.

2. Where a person is convicted of an offense which may be punishable by death, a sentence of death shall not be imposed unless a notice of intent to seek the death penalty was filed and served as provided in section 18-4504A, Idaho Code, and the court finds at least one (1) statutory aggravating circumstance. Where the court finds a statutory aggravating circumstance the court shall sentence the defendant to death unless the court finds that mitigating circumstances which may be presented outweigh the gravity of any aggravating circumstance found and make imposition of death unjust.

3. In all cases in which the death penalty may be imposed, the court shall, after conviction, order a presentence investigation to be conducted according to such procedures as are prescribed by law and shall thereafter convene a sentencing hearing for the purpose of hearing all relevant evidence and arguments of counsel in aggravation and mitigation of the offense. At such hearing, the state and the defendant shall be entitled to present all relevant evidence in aggravation and mitigation. Should any party present aggravating or mitigating evidence which has not previously been disclosed to the opposing party or parties, the court shall, upon request, adjourn the hearing until the party desiring to do so has had a reasonable opportunity to respond to such evidence. Evidence admitted at trial shall be considered and need not be repeated at the sentencing hearing. Evidence offered at trial but not admitted may be repeated or amplified if necessary to complete the record.

4. Upon the conclusion of the evidence and arguments in mitigation and aggravation the court shall make written findings setting forth any statutory aggravating circumstance found. Further, the court shall set forth in writing any mitigating factors considered and, if the court finds that mitigating circumstances outweigh the gravity of any aggravating circumstance found so as to make unjust the imposition of the death penalty, the court shall detail in writing its reasons for so finding.

5. Upon making the prescribed findings, the court shall impose sentence within the limits fixed by law.

6. The following are statutory aggravating circumstances, at least one (1) of which must be found to exist beyond a reasonable doubt before a sentence of death can be imposed:

(a) The victim of the kidnapping was subjected by the kidnapper or those acting in concert with him to torture, maiming or the intentional infliction of grievous mental or physical injury.

(b) The defendant knowingly created a great risk of death to any person, including the kidnapped.

(c) The kidnapping was committed for remuneration or the promise of remuneration or the defendant employed another to commit the kidnapping for remuneration or the promise of remuneration.

(d) The kidnapping was especially heinous, atrocious or cruel, manifesting exceptional depravity.

(e) The kidnapping was committed for the purpose of murdering or maiming a witness or potential witness in a judicial proceeding.

History:

[18-4505, added 1980, ch. 298, sec. 2, p. 775; am. 2000, ch. 126, sec. 3, p. 300.]
Idaho Code § 18-7034 — Idaho Code / Title 18 / Chapter 70 / Section 18-7034
18-7034 UNLAWFUL ENTRY.
Status: in_force

18-7034. Unlawful entry. (1) Every person, except under landlord-tenant relationship, who enters any dwelling house, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, closed vehicle, closed trailer, airplane, railroad car or outbuilding, without the consent of the owner of such property or his agent or any person in lawful possession thereof, is guilty of a misdemeanor.

(2) Any person who enters any permanent or temporary dwelling without the consent of the owner of such property or his agent or any person in lawful possession thereof while being pursued by a peace officer is guilty of a felony. For purposes of this subsection "pursued" means "fresh pursuit" as defined in section 19-705, Idaho Code.

History:

[18-7034, added 1981, ch. 322, sec. 1, p. 671; am. 1994, ch. 216, sec. 1, p. 673; am. 2017, ch. 274, sec. 1, p. 720.]
Idaho Code § 18-8308 — Idaho Code / Title 18 / Chapter 83 / Section 18-8308
18-8308 VERIFICATION OF ADDRESS AND ELECTRONIC MONITORING OF VIOLENT SEXUAL PREDATORS.
Status: in_force

18-8308. Verification of address and electronic monitoring of violent sexual predators.

(1)(a) The address or physical residence of an offender designated as a violent sexual predator shall be verified by the department between registrations.

(b) The procedure for verification shall be as follows:

(i) The department shall mail a nonforwardable notice of address verification every thirty (30) days between registrations to each offender designated as a violent sexual predator.

(ii) Each offender designated as a violent sexual predator shall complete, sign and return the notice of address verification form to the department within fourteen (14) days of the mailing date of the notice. If the notice of address verification is returned to the department as not delivered, or if the signed notice is not returned on time, the department shall, within five (5) days, notify the sheriff with whom the offender designated as a violent sexual predator last registered.

(iii) The sheriff shall verify the address of the offender by visiting the offender's residence once every six (6) months or, if the offender fails to comply with the provisions of subparagraph (ii) of this paragraph, at any reasonable time to verify the address provided at registration.

(2) The address or physical residence of any sex offender not designated as a violent sexual predator shall be verified by the department between registrations. The procedure for verification shall be as follows:

(a) The department shall mail a nonforwardable notice of address verification every four (4) months between annual registrations.

(b) Each offender shall complete, sign and return the notice of address verification form to the department within fourteen (14) days of the mailing date of the notice. If the notice of address verification is returned as not delivered or if the signed notice is not returned on time, the department shall notify the sheriff within five (5) days and the sheriff shall visit the residence of the registered offender at any reasonable time to verify the address provided at registration.

(3) Any individual designated as a violent sexual predator shall be monitored with electronic monitoring technology for the duration of the individual's probation or parole period as set forth in section 20-219(2), Idaho Code. Any person who, without authority, intentionally alters, tampers with, damages or destroys any electronic monitoring equipment required to be worn or used by a violent sexual predator shall be guilty of a felony.

(4) A sexual offender who does not provide a physical residence address at the time of registration shall report, in person, once every fourteen (14) days to the sheriff of the county in which he resides. Each time the offender reports to the sheriff, he shall complete a form provided by the department that includes the offender's name, date of birth, social security number and a detailed description of the location where he is residing. The sheriff shall visit the described location at least once each month to verify the location of the offender.

History:

[18-8308, added 1998, ch. 411, sec. 2, p. 1281; am. 2006, ch. 178, sec. 11, p. 551; am. 2009, ch. 156, sec. 1, p. 456; am. 2009, ch. 250, sec. 3, p. 763; am. 2010, ch. 79, sec. 2, p. 133; am. 2011, ch. 311, sec. 7, p. 890; am. 2022, ch. 146, sec. 2, p. 522.]
Idaho Code § 18-3613 — Idaho Code / Title 18 / Chapter 36 / Section 18-3613
18-3613 SIMULATION OF SWITCH AND CAR KEYS.
Status: in_force

18-3613. Simulation of switch and car keys. It shall be unlawful for any person by himself or another, without the written order or consent of such common carrier, to make, simulate, sell or dispose of any key belonging to or which might be used to open or unlock any switch, lock, car lock, or locks, used upon or belonging to any switch or car of any kind owned, controlled or operated by any common carrier in this state. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail not less than thirty (30) days nor more than six (6) months.

History:

[18-3613, added 1972, ch. 336, sec. 1, p. 919; am. 2005, ch. 359, sec. 7, p. 1135.]
Idaho Code § 18-3914 — Idaho Code / Title 18 / Chapter 39 / Section 18-3914
18-3914 VIOLATION A MISDEMEANOR.
Status: in_force

18-3914. Violation a misdemeanor. A violation of this chapter and regulations authorized by this act is a misdemeanor unless the violation is defined as an infraction.

History:

[I.C., sec. 18-3914, as added by 1972, ch. 336, sec. 1, p. 928; am. 2001, ch. 289, sec. 2, p. 1027.]
Idaho Code § 18-7025 — Idaho Code / Title 18 / Chapter 70 / Section 18-7025
18-7025 PUNISHMENT FOR VIOLATION OF PRECEDING SECTION.
Status: in_force

18-7025. Punishment for violation of preceding section. Any person or persons violating any of the provisions of this act shall be guilty of a felony and upon conviction thereof shall be punished by not less than five (5) nor more than twenty (20) years imprisonment in the state penitentiary.

History:

[18-7025, added 1972, ch. 336, sec. 1, p. 978.]
Idaho Code § 18-6002 — Idaho Code / Title 18 / Chapter 60 / Section 18-6002
18-6002 NEGLECT TO SOUND BELL OR WHISTLE.
Status: in_force

18-6002. Neglect to sound bell or whistle. Every person in charge of a locomotive engine who, before crossing any traveled public way, omits to cause a bell to ring or steam, air, electric or other similar whistle to sound at the distance of at least eighty (80) rods from the crossing, and up to it, is guilty of a misdemeanor.

History:

[18-6002, added 1972, ch. 336, sec. 1, p. 959.]
Idaho Code § 18-3321 — Idaho Code / Title 18 / Chapter 33 / Section 18-3321
18-3321 PERSONS EXEMPT.
Status: in_force

18-3321. Persons exempt. Unless the intent to injure the person or property of another has been established, the provisions in section 18-3319, Idaho Code, shall not apply to:

(1) Any public safety officer or member of the armed forces of the United States or national guard while acting in his official capacity;

(2) Any person possessing a valid permit issued under the provisions of the international fire code, sections 41-253 and 41-254, Idaho Code, or any employee of such permittee acting within the scope of his employment;

(3) Any person possessing a valid license as an importer, wholesaler, or display operator under the provisions of the Idaho fireworks act, sections 39-2602, 39-2606, 39-2607, 39-2608, 39-2609, 39-2610, 39-2611 and 39-2612, Idaho Code;

(4) A device which falls within the definition of a bomb or destructive device when used on property owned or otherwise in the control of the person using the device;

(5) Those licensed or permitted by the federal government to use or possess a bomb or destructive device.

(6) Those persons who possess a destructive device properly registered and taxed under the provisions of the national firearms act, as amended, as to possession of destructive devices properly registered to such persons.

History:

[18-3321, added 1997, ch. 272, sec. 1, p. 797; am. 2002, ch. 86, sec. 1, p. 196.]
Idaho Code § 18-403 — Idaho Code / Title 18 / Chapter 4 / Section 18-403
18-403 ABANDONMENT OR NONSUPPORT PRIMA FACIE WILFUL.
Status: in_force

18-403. Abandonment or nonsupport prima facie wilful. Proof of the abandonment or nonsupport of a wife, or the desertion of a child or children, ward or wards, or the omission to furnish necessary food, clothing, shelter, or medical attendance for a child or children, ward or wards, is prima facie evidence that such abandonment or nonsupport, or omission to furnish food, clothing, shelter, or medical attendance is wilful.

History:

[18-403, added 1972, ch. 336, sec. 1, p. 860.]
Idaho Code § 18-3913 — Idaho Code / Title 18 / Chapter 39 / Section 18-3913
18-3913 WILD FLOWERS PROTECTED — AMENDED LIST — DUTY OF DEPARTMENT OF FISH AND GAME.
Status: in_force

18-3913. Wild flowers protected — Amended list — Duty of department of fish and game. (a) In order to further protect native wild flowers and shrubs from needless destruction and waste, the department of fish and game may, after investigation and public hearings and in accordance with the provisions of this act, establish and amend a list of wild flowers and shrubs in addition to those listed in section 18-3911(3), Idaho Code. The provisions of this act will then apply to such "established" or "amended" list.

(b) In determining additions to the list of wild flowers set forth herein, the department of fish and game may take into consideration:

(1) The laws and regulations of the United States and other states.

(2) The effect on the scenic beauty of public roads and public land.

(3) The necessity to preserve and protect native plants whenever it appears that they might possibly become extinct.

History:

[I.C., sec. 18-3913, as added by 1972, ch. 336, sec. 1, p. 927; am. 2003, ch. 129, sec. 1, p. 380.]
Idaho Code § 18-9009 — Idaho Code / Title 18 / Chapter 90 / Section 18-9009
18-9009 CONDITIONS OF RELEASE OF ILLEGAL ALIEN FROM CONFINEMENT.
Status: in_force

18-9009. Conditions of release of illegal alien from confinement. Following entry of a judgment of conviction for a criminal offense, no person eighteen (18) years of age or older that is known to be an illegal alien shall be released from confinement in any correctional facility, state rehabilitation center, penitentiary, prison, county jail, or city jail until the determinate sentence has been completed, and thereafter may only be released prior to the person's completion of his indeterminate sentence if the alien is being released into the custody of law enforcement officials from another state or the federal government for further criminal proceedings or if the custodial authority first obtains written confirmation from DHS that DHS will take custody of the person upon release and deport the person from the United States. An illegal alien shall not be eligible to participate in alternate sentencing programs such as work release, inmate labor detail, a scheduled sentence program, or similar programs.

History:

[18-9009, added 2025, ch. 183, sec. 1, p. 860.]
Idaho Code § 18-306 — Idaho Code / Title 18 / Chapter 3 / Section 18-306
18-306 PUNISHMENT FOR ATTEMPTS.
Status: in_force

18-306. Punishment for attempts. Every person who attempts to commit any crime, but fails, or is prevented or intercepted in the perpetration thereof, is punishable, where no provision is made by law for the punishment of such attempts, as follows:

(1) If the offense so attempted is punishable by imprisonment in the state prison for life, or by death, the person guilty of such attempt is punishable by imprisonment in the state prison for a term not exceeding fifteen (15) years.

(2) If the offense so attempted is punishable by imprisonment in the state prison for five (5) years or more but for less than life imprisonment, or by imprisonment in the county jail, the person guilty of such attempt is punishable by imprisonment in the state prison, or in the county jail, as the case may be, for a term not exceeding one-half (1/2) the longest term of imprisonment prescribed upon a conviction of the offense so attempted.

(3) If the offense so attempted is punishable by imprisonment in the state prison for any term less than five (5) years, the person guilty of such attempt is punishable by imprisonment in the county jail for not more than one (1) year.

(4) If the offense so attempted is punishable by a fine, the offender convicted of such attempt is punishable by a fine not exceeding one-half (1/2) the largest fine which may be imposed upon a conviction of the offense so attempted.

(5) If the offense so attempted is punishable by imprisonment and by a fine, the offender convicted of such attempt may be punished by both imprisonment and fine, not exceeding one-half (1/2) the longest term of imprisonment and one-half (1/2) the largest fine which may be imposed upon a conviction for the offense so attempted.

History:

[18-306, added 1972, ch. 336, sec. 1, p. 857; am. 1994, ch. 131, sec. 6, p. 298.]
Idaho Code § 18-3401 — Idaho Code / Title 18 / Chapter 34 / Section 18-3401
18-3401 PUBLIC MUTILATION OF FLAG.
Status: in_force

18-3401. Public mutilation of flag. Any person who publicly mutilates, defaces, or tramples upon or burns, with intent to insult, the flag, standard, colors or ensign of the United States or of the state of Idaho shall be guilty of a misdemeanor.

History:

[18-3401, added 1981, ch. 323, sec. 2, p. 672.]
Idaho Code § 18-2401 — Idaho Code / Title 18 / Chapter 24 / Section 18-2401
18-2401 CONSOLIDATION OF THEFT OFFENSES.
Status: in_force

18-2401. Consolidation of theft offenses. (1) Conduct denominated theft in this chapter constitutes a single offense superceding the separate offenses previously known as embezzlement, extortion, false pretenses, cheats, misrepresentations, larceny and receiving stolen goods.

(2) An accusation of theft may be supported by evidence that it was committed in any manner that would be theft under this chapter, notwithstanding the specification of a different manner in the indictment, information or complaint, subject only to the power of the court to ensure fair trial by granting a continuance or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or by surprise.

History:

[18-2401, added 1981, ch. 183, sec. 2, p. 319.]
Idaho Code § 18-1506C — Idaho Code / Title 18 / Chapter 15 / Section 18-1506C
18-1506C VULNERABLE CHILD PROTECTION.
Status: in_force

18-1506C. VULNERABLE CHILD PROTECTION. (1) This section shall be known and may be cited as the "Vulnerable Child Protection Act."

(2) As used in this section:

(a) "Child" means any person under eighteen (18) years of age; and

(b) "Sex" is as defined in section 73-114, Idaho Code.

(3) A medical provider shall not engage in any of the following practices upon a child for the purpose of attempting to alter the appearance of or affirm the child's perception of the child's sex if that perception is inconsistent with the child's biological sex:

(a) Performing surgeries that sterilize or mutilate, or artificially construct tissue with the appearance of genitalia that differs from the child's biological sex, including castration, vasectomy, hysterectomy, oophorectomy, metoidioplasty, orchiectomy, penectomy, phalloplasty, clitoroplasty, vaginoplasty, vulvoplasty, ovariectomy, or reconstruction of the fixed part of the urethra with or without metoidioplasty, phalloplasty, scrotoplasty, or the implantation of erection or testicular prostheses;

(b) Performing a mastectomy;

(c) Administering or supplying the following medications that induce profound morphologic changes in the genitals of a child or induce transient or permanent infertility:

(i) Puberty-blocking medication to stop or delay normal puberty;

(ii) Supraphysiological doses of testosterone to a female; or

(iii) Supraphysiological doses of estrogen to a male; or

(d) Removing any otherwise healthy or nondiseased body part or tissue.

(4) A surgical operation or medical intervention shall not be a violation of this section if the operation or intervention is:

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

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

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

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

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

(5) Any medical professional convicted of a violation of this section shall be guilty of a felony and shall be imprisoned in the state prison for a term of not more than ten (10) years.

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

History:

[18-1506C, added 2023, ch. 292, sec. 1, p. 884; am. 2024, ch. 322, sec. 3, p. 1065.]
Idaho Code § 18-917A — Idaho Code / Title 18 / Chapter 9 / Section 18-917A
18-917A STUDENT HARASSMENT — INTIMIDATION — BULLYING.
Status: in_force

18-917A. Student harassment — Intimidation — Bullying. (1) No student or minor present on school property or at school activities shall intentionally commit, or conspire to commit, an act of harassment, intimidation or bullying against another student.

(2) As used in this section, "harassment, intimidation or bullying" means any intentional gesture, or any intentional written, verbal or physical act or threat by a student that:

(a) A reasonable person under the circumstances should know will have the effect of:

(i) Harming a student; or

(ii) Damaging a student's property; or

(iii) Placing a student in reasonable fear of harm to his or her person; or

(iv) Placing a student in reasonable fear of damage to his or her property; or

(b) Is sufficiently severe, persistent or pervasive that it creates an intimidating, threatening or abusive educational environment for a student.

An act of harassment, intimidation or bullying may also be committed through the use of a landline, car phone or wireless telephone or through the use of data or computer software that is accessed through a computer, computer system, or computer network.

(3) A student who personally violates any provision of this section may be guilty of an infraction.

History:

[18-917A, added 2006, ch. 313, sec. 3, p. 973; am. 2015, ch. 289, sec. 1, p. 1161.]
Idaho Code § 18-7044 — Idaho Code / Title 18 / Chapter 70 / Section 18-7044
18-7044 IMMUNITY — AID TO PERSON IN VEHICLE.
Status: in_force

18-7044. immunity — aid to person in vehicle. (1) A person shall not be prosecuted under this title for entry, including forced entry and any resulting property damage, into a motor vehicle for the purpose of removing another person from the vehicle, provided that the person entering:

(a) Has a reasonable, good-faith belief that the other person is in imminent danger of suffering death or serious bodily harm;

(b) Contacts law enforcement before and immediately after entering, if feasible; and

(c) Uses no more force than reasonably necessary to gain entry.

(2) This section shall not be construed to prevent prosecution for physical harm caused to the person in the vehicle or for any other crime unrelated to the act of entering the vehicle as provided in subsection (1) of this section.

History:

[18-7044, added 2018, ch. 285, sec. 2, p. 673.]
Idaho Code § 18-3302A — Idaho Code / Title 18 / Chapter 33 / Section 18-3302A
18-3302A SALE OF WEAPONS TO MINORS.
Status: in_force

18-3302A. Sale of weapons to minors. It shall be unlawful to directly or indirectly sell to any minor under the age of eighteen (18) years any weapon without the written consent of the parent or guardian of the minor. Any person violating the provisions of this section shall be guilty of a misdemeanor and shall be punished by a fine not in excess of one thousand dollars ($1,000), by imprisonment in the county jail for a term not in excess of six (6) months, or by both such fine and imprisonment. As used in this section, "weapon" shall mean any dirk, dirk knife, bowie knife, dagger, pistol, revolver or gun.

History:

[18-3302A, added 1990, ch. 256, sec. 3, p. 736; am. 1994, ch. 369, sec. 1, p. 1186.]
Idaho Code § 18-6710 — Idaho Code / Title 18 / Chapter 67 / Section 18-6710
18-6710 USE OF TELECOMMUNICATION TO ANNOY, TERRIFY, THREATEN, INTIMIDATE, HARASS, OR OFFEND BY LEWD OR PROFANE LANGUAGE, REQUESTS, SUGGESTIONS, OR PROPOSALS — THREATS OF PHYSICAL HARM — DISTURBING THE PEACE BY REPEATED TELECOMMUNICATION — PENALTIES.
Status: in_force

18-6710. Use of telecommunication to annoy, terrify, threaten, intimidate, harass, or offend by lewd or profane language, requests, suggestions, or proposals — Threats of physical harm — Disturbing the peace by repeated telecommunication — Penalties. (1) Any person who, with intent to annoy, terrify, threaten, intimidate, harass, or offend, contacts another via telecommunication, email, text message, or any other form of electronic communication and (a) addresses to or about such person any obscene, lewd, or profane language, or makes any request, suggestion, or proposal that is obscene, lewd, lascivious, or indecent; or (b) addresses to such other person any threat to inflict injury or physical harm to the person or property of the person addressed or any member of his family, or any other person; or (c) by repeated anonymous or identified telecommunications, emails, text messages, or any other form of electronic communication whether or not conversation ensues, disturbs the peace or attempts to disturb the peace, quiet, or right of privacy of any person at the place where the telecommunication, email, text message, or any other form of electronic communication is received is guilty of a misdemeanor and, upon conviction thereof, shall be sentenced to a term of not to exceed one (1) year in the county jail. Upon a second or subsequent conviction, 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.

(2) The use of obscene, lewd, or profane language or the making of a threat or obscene proposal, or the sending of repeated anonymous telecommunications, emails, text messages, or any other form of electronic communication as set forth in this section may be prima facie evidence of intent to annoy, terrify, threaten, intimidate, harass, or offend.

(3) For the purposes of this section, the term "telecommunication" shall mean the 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:

[18-6710, added 1980, ch. 326, sec. 2, p. 841; am. 1994, ch. 167, sec. 5, p. 376; am. 2024, ch. 253, sec. 1, p. 892.]
Idaho Code § 18-203 — Idaho Code / Title 18 / Chapter 2 / Section 18-203
18-203 CLASSIFICATION OF PARTIES.
Status: in_force

18-203. Classification of parties. The parties to crimes are classified as:

1. Principals; and

2. Accessories.

History:

[18-203, added 1972, ch. 336, sec. 1, p. 849.]
Idaho Code § 18-3003 — Idaho Code / Title 18 / Chapter 30 / Section 18-3003
18-3003 MARRIAGE UNDER FALSE PERSONATION.
Status: in_force

18-3003. Marriage under false personation. Every person who falsely personates another, and in such assumed character marries or pretends to marry, or sustain the marriage relation towards another, with or without the connivance of such other, is guilty of a felony.

History:

[18-3003, added 1972, ch. 336, sec. 1, p. 902.]
Idaho Code § 18-3326 — Idaho Code / Title 18 / Chapter 33 / Section 18-3326
18-3326 SECOND AMENDMENT FINANCIAL PRIVACY ACT — LEGISLATIVE INTENT.
Status: in_force

18-3326. second amendment financial privacy act — Legislative intent. (1) The legislature finds that:

(a) The second amendment to the United States constitution guarantees the people the right to keep and bear arms;

(b) Section 11, article I of the constitution of the state of Idaho provides that the "people have the right to keep and bear arms, which right shall not be abridged;… No law shall impose licensure, registration or special taxation on the ownership or possession of firearms or ammunition";

(c) In September 2022, the world's three (3) largest payment card networks publicly announced they would assign a unique merchant category code to firearm retailers accepting payment cards for purchases, after twenty-eight (28) members of congress sent a public letter to networks, pressuring them to adopt the new code;

(d) In the letter to payment card networks, federal lawmakers stated that the new merchant category code for firearms retailers would be "the first step towards facilitating the collection of valuable financial data that could help law enforcement in countering the financing of terrorism efforts," expressing a clear government expectation that networks will utilize the new merchant category code to conduct mass surveillance of constitutionally protected firearms and ammunition purchases in cooperation with law enforcement;

(e) The new merchant category code will allow payment card networks, acquirers, and other entities involved in payment card processing to identify and separately track lawful payment card purchases at firearms retailers in Idaho, paving the way for both unprecedented surveillance of second amendment activity and unprecedented information sharing between payment networks and the government; and

(f) This potential for cooperative surveillance and tracking of lawful firearm and ammunition purchases will have a significant chilling effect on citizens wishing to exercise their federal and state constitutional rights to keep and bear arms in Idaho.

(2) Based on the findings described in subsection (1) of this section, it is the intent of the legislature to prohibit the misuse of payment card processing systems to surveil, report, or otherwise discourage constitutionally protected firearm, firearm accessories or components, and ammunition purchases and sales within Idaho's jurisdiction.

(3) This section and section 18-3326A, Idaho Code, shall be construed as generally applicable consumer financial protection law and shall not prevent or significantly interfere with the duly authorized powers of any bank or directly or indirectly discriminate against any bank based on its charter or structure. This section and section 18-3326A, Idaho Code, shall not apply to any financial institution as defined in section 18-3326A, Idaho Code, or any person, company, entity, or organization regulated by the Idaho department of finance or otherwise subject to the jurisdiction, rules, or regulations of the federal deposit insurance corporation.

History:

[18-3326, added 2023, ch. 303, sec. 1, p. 913.]
Idaho Code § 18-7702 — Idaho Code / Title 18 / Chapter 77 / Section 18-7702
18-7702 DEFINITIONS.
Status: in_force

18-7702. Definitions. As used in this act:

(1) "Blind bidding" means bidding, negotiating, offering terms, making an invitation to bid, or agreeing to terms for the purpose of entering into a license agreement prior to a trade screening of the motion picture that is the subject of the agreement.

(2) "Distributor" means any person engaged in the business of renting, selling or licensing motion pictures to exhibitors.

(3) "Exhibitor" means any person engaged in the business of operating a theatre in this state.

(4) "License agreement" means any contract between a distributor and an exhibitor for the exhibition of a motion picture by the exhibitor of this state.

(5) "Theatre" means any establishment in which motion pictures are exhibited regularly to the public for a charge.

(6) "Trade screening" means the showing of a motion picture by a distributor, and such showing shall be open to any exhibitor interested in exhibiting the motion picture.

History:

[18-7702, added 1979, ch. 119, sec. 2, p. 368]
Idaho Code § 18-5606 — Idaho Code / Title 18 / Chapter 56 / Section 18-5606
18-5606 RECEIVING PROCEEDS OF ILLEGAL SEXUAL ACTIVITY.
Status: in_force

18-5606. receiving proceeds of illegal sexual activity. (1) Any person who knowingly receives or accepts any proceeds, or the benefits of such proceeds, derived from another person engaging in sexual contact shall be guilty of a felony punishable by imprisonment for a period of not more than twenty (20) years or by a fine of not more than fifty thousand dollars ($50,000), or by both such fine and imprisonment.

(2) The person who provides sexual contact in exchange for proceeds, as set forth in subsection (1) of this section, and such person's minor children or legal dependents incapable of self-support shall not be criminally liable pursuant to this section.

History:

[18-5606, added 2023, ch. 311, sec. 3, p. 950; am. 2024, ch. 147, sec. 8, p. 561.]
Idaho Code § 18-8007 — Idaho Code / Title 18 / Chapter 80 / Section 18-8007
18-8007 LEAVING SCENE OF ACCIDENT RESULTING IN INJURY OR DEATH.
Status: in_force

18-8007. Leaving scene of accident resulting in injury or death. (1) The driver of any vehicle that has been involved in an accident, either upon public or private property open to the public, who knows or has reason to know that said accident has resulted in injury to or death of any person shall:

(a) Immediately stop the vehicle at the scene of the accident or as close thereto as possible. Every stop required under this section shall be made without obstructing traffic more than is necessary.

(b) Remain at the scene of the accident until the driver has fulfilled all the requirements under this section.

(c) Give his name, address, the name of his insurance agent or company if he has automobile liability insurance, and the motor vehicle registration number of the vehicle he is driving to the person struck, or to the driver or occupant of or person attending any vehicle collided with.

(d) If available, exhibit his driver's license to the person struck, or to the driver or occupant of or person attending any vehicle collided with.

(e) Render to any person injured in the accident reasonable assistance, including the conveying or the making of arrangements for the conveying of such person to a physician, surgeon, hospital or other medical facility, for medical or surgical treatment, if it is apparent that such treatment is necessary or if such conveying is requested by the injured person.

(2) A violation of any provision of this section shall constitute a felony and be punished by a fine of not more than five thousand dollars ($5,000) or by imprisonment in the state penitentiary for a period of not more than five (5) years, or by both such fine and imprisonment.

(3) The director of the transportation department shall revoke for a period of one (1) year the driver's license or permit to drive, or the nonresident operating privilege, of any person convicted or found guilty of violating any provision of this section. Such revocation shall preclude any type of work permit or other form of limited driving privileges as provided in section 49-326, Idaho Code.

History:

[18-8007, added 1987, ch. 208, sec. 1, p. 440; am. 1988, ch. 265, sec. 565, p. 863; am. 1989, ch. 88, sec. 64, p. 206; am. 1992, ch. 115, sec. 41, p. 386.]
Idaho Code § 18-4511 — Idaho Code / Title 18 / Chapter 45 / Section 18-4511
18-4511 SCHOOL DUTIES — RECORDS OF MISSING CHILD — IDENTIFICATION UPON ENROLLMENT — TRANSFER OF STUDENT RECORDS.
Status: in_force

18-4511. School duties — Records of missing child — Identification upon enrollment — Transfer of student records. (1) Upon notification by the Idaho state police of a missing or runaway child report, the school in which the child is currently enrolled shall flag the record of that child in such a manner that whenever a copy of or information regarding the record is requested, the school shall be alerted to the fact that the record is that of a missing or runaway child. The school shall immediately report to the local law enforcement agency any request concerning flagged records or knowledge as to the whereabouts of the missing or runaway child. Upon notification by the Idaho state police of the return of the missing or runaway child, the school shall remove the flag from the child's record.

(2) Upon enrollment of a student for the first time in a public or private elementary or secondary school, the school shall notify in writing the person enrolling the student that within thirty (30) days he must provide either a certified copy of the student's birth certificate or other reliable proof of the student's identity and birthdate, which proof shall be accompanied by an affidavit explaining the inability to produce a copy of the birth certificate. Other reliable proof of the student's identity and birthdate may include a passport, visa or other governmental documentation of the child's identity.

(a) Upon the failure of a person enrolling a student to comply with the provisions of this subsection, the school shall immediately notify the local law enforcement agency of such failure, and shall notify the person enrolling the student, in writing, that he has ten (10) additional days to comply.

(b) The school shall immediately report to the local law enforcement agency any documentation or affidavit received pursuant to this subsection which appears inaccurate or suspicious in form or content.

(3) Within fourteen (14) days after enrolling a transfer student, the public or private elementary or secondary school shall request directly from the student's previous school a certified copy of his record. The requesting school shall exercise due diligence in obtaining the copy of the record requested. A student transferring schools within the same school district need not provide proof of identity and birthdate if the student's record already contains such verified information. Any public or private elementary or secondary school which is requested to forward a copy of a transferred student's record to the student's new school shall comply within ten (10) days of receipt of the request, unless the record has been flagged pursuant to subsection (1) of this section, in which case the copy shall not be forwarded and the school shall notify the local law enforcement agency of the request for a flagged record; provided however, that any private school accredited by the state board of education which has an agreement allowing retention of a student's record when such student's tuition or fees have not been paid may comply with the provisions of this subsection by notifying the student's new school that the transferred student's records are being held for nonpayment of tuition or fees. However, such private school shall be required to notify the local law enforcement agency if the student's record has been flagged pursuant to the provisions of subsection (1) of this section, even if the student's tuition and fees have not been paid.

(4) It shall be the duty of the local law enforcement agency to immediately investigate each report received from a school of a failure to comply with the provisions of subsection (2) or (3) of this section.

(5) Failure of a parent, or person in custody of a child, or a person enrolling a student, to comply with the documentation requirements of this section after a lawful request by a law enforcement agency, or to cooperate with a law enforcement investigation lawfully conducted pursuant to this section, shall constitute a misdemeanor.

History:

[18-4511, added 1988, ch. 281, sec. 1, p. 914; am. 1989, ch. 219, sec. 4, p. 535; am. 1992, ch. 108, sec. 1, p. 337; am. 1993, ch. 188, sec. 1, p. 479; am. 1996, ch. 400, sec. 1, p. 1333; am. 2000, ch. 469, sec. 25, p. 1479.]
Idaho Code § 18-2406 — Idaho Code / Title 18 / Chapter 24 / Section 18-2406
18-2406 DEFENSES.
Status: in_force

18-2406. Defenses. (1) It is no defense to a charge of theft of property that the offender has an interest therein, when the owner also has an interest to which the offender is not entitled.

(2) Where the property involved is that of the offender's spouse, no prosecution for theft may be maintained unless the parties were not living together as man and wife and were living in separate abodes at the time of the alleged theft.

(3) In any prosecution for theft committed by trespassory taking or the offense previously known as embezzlement, it is an affirmative defense that the property was appropriated openly and avowedly, and under a claim of right made in good faith. It is not a defense to a theft committed by such conduct that the accused intended to restore the property taken, but may be considered by the court to mitigate punishment if the property is voluntarily and actually restored (or tendered) prior to the filing of any complaint or indictment relating thereto, and this provision does not excuse the unlawful retention of the property of another to offset or pay demands held against such other person.

(4) In any prosecution for theft by extortion committed by instilling in the victim a fear that he or another person would be charged with a crime, it is an affirmative defense that the defendant reasonably believed the threatened charge to be true and that his sole purpose was to compel or induce the victim to take reasonable action to make good the wrong which was the subject of such threatened charge.

(5) It is no defense to a prosecution for theft under a provision of this chapter that the defendant, by reason of the same conduct, also committed an act specified as a crime in another chapter of title 18, or another title of the Idaho Code.

History:

[18-2406, added 1981, ch. 183, sec. 2, p. 324; am. 2008, ch. 23, sec. 1, p. 36.]
Idaho Code § 18-3318 — Idaho Code / Title 18 / Chapter 33 / Section 18-3318
18-3318 DEFINITIONS.
Status: in_force

18-3318. Definitions. Definitions as used in sections 18-3319, 18-3319A, 18-3320, 18-3320A and 18-3321, Idaho Code:

(1) "Bomb" means any chemical or mixture of chemicals contained in such a manner that it can be made to explode with fire or force, and combined with the method or mechanism intended to cause its explosion. The term includes components of a bomb only when the individual charged has taken steps to place the components in proximity to each other, or has partially assembled components from which a completed bomb can be readily assembled. "Bomb" does not include: rifle, pistol or shotgun ammunition and their components; fireworks; boating, railroad and other safety flares or propellants used in model rockets or similar hobby activities.

(2) "Destructive device" means:

(a) Any explosive, incendiary or poisonous gas:

(i) Bomb;

(ii) Grenade;

(iii) Rocket having a propellant charge of more than four (4) ounces;

(iv) Missile having an explosive or incendiary charge of more than one-fourth (1/4) ounce;

(v) Mine;

(vi) Similar device.

(b) Any type of weapon, by whatever name known, which will, or which may be imminently converted to, expel a projectile by the action of an explosive or other propellant, the barrel or barrels of which have a bore of more than .700 inches in diameter, except rifled and unrifled shotguns or shotgun shells.

(c) Components of a destructive device only when the individual charged has taken steps to place the components in proximity to each other, or has partially assembled components from which a completed destructive device can be readily assembled.

(d) The term "destructive device" shall not include:

(i) Any device which is neither designed nor redesigned for use as a weapon;

(ii) Any device which, although originally designed for use as a weapon, has been redesigned for use as a signaling, pyrotechnic, line throwing, safety or similar device;

(iii) Otherwise lawfully owned surplus military ordnance;

(iv) Antiques or reproductions thereof and rifles held for sporting, recreational, investment or display purposes;

(v) Rifle, pistol or shotgun ammunition and their components.

(3) "Hoax destructive device" means any object that:

(a) Under the circumstances, reasonably appears to be a destructive device as defined in subsection (2) of this section, but is an inoperative imitation of a destructive device; or

(b) Is proclaimed to contain a destructive device as defined in subsection (2) of this section, but does not in fact contain a destructive device.

(4) "Shrapnel" means any metal, ceramic, glass, hard plastic or other material of sufficient hardness to puncture human skin when propelled by force of the bomb or destructive device to which it is attached or in which it is contained.

History:

[18-3318, added 1997, ch. 272, sec. 1, p. 796; am. 2001, ch. 256, sec. 1, p. 922; am. 2010, ch. 261, sec. 1, p. 662.]
Idaho Code § 18-614 — Idaho Code / Title 18 / Chapter 6 / Section 18-614
18-614 DEFENSES TO PROSECUTION.
Status: in_force

18-614. Defenses to prosecution. (1) No physician shall be subject to criminal or administrative liability for causing or performing an abortion upon a minor in violation of subsection (1) of section 18-609A, Idaho Code, if prior to causing or performing the abortion the physician obtains either positive identification or other documentary evidence from which a reasonable person would have concluded that the woman seeking the abortion was either an emancipated minor or was not then a minor and if the physician retained, at the time of receiving the evidence, a legible photocopy of such evidence in the physician's office file for the woman.

(2) For purposes of this section, "positive identification" means a lawfully issued state, district, territorial, possession, provincial, national or other equivalent government driver's license, identification card or military card, bearing the person's photograph and date of birth, the person's valid passport or a certified copy of the person's birth certificate.

History:

[18-614, added 2001, ch. 277, sec. 4, p. 1007; am. 2005, ch. 393, sec. 5, p. 1328; am. 2007, ch. 193, sec. 6, p. 569.]
Idaho Code § 18-8307 — Idaho Code / Title 18 / Chapter 83 / Section 18-8307
18-8307 REGISTRATION.
Status: in_force

18-8307. Registration. (1) Registration shall consist of a form provided by the department and approved by the attorney general, which shall be signed by the offender and shall require the information set forth in subsection (1) of section 18-8305, Idaho Code.

(2) At the time of registration, the sheriff shall obtain a photograph and fingerprints, in a manner approved by the department, and require the offender to provide full palm print impressions of each hand. A violent sexual predator shall pay a fee of fifty dollars ($50.00) to the sheriff at the time of the first calendar quarter registration and ten dollars ($10.00) per registration every subsequent quarter in the same calendar year. All other offenders shall pay an annual fee of eighty dollars ($80.00) to the sheriff for registration. The sheriff may waive the registration fee if the violent sexual predator or other offender demonstrates indigency. The fees collected under this section shall be used by the sheriff to defray the costs of violent sexual predator and other sexual offender registration and verification and for electronic notification, law enforcement information sharing and tracking. Irrespective of the classification or designation of the offender or predator, each county shall cause forty dollars ($40.00) per offender per year of the fees collected under this section to be used for development, continuous use and maintenance of a statewide electronic notification, information sharing and tracking system as implemented by the Idaho sheriffs' association.

(3) The sheriff shall forward the completed and signed form, photograph, fingerprints and palm prints to the department within three (3) working days of the registration.

(a) The official conducting the registration shall ensure that the notification form is complete and that the offender has read and signed the form.

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

(4)(a) Within two (2) working days of coming into any county to establish residence, an offender shall register with the sheriff of the county. The offender thereafter shall register annually, unless the offender is designated as a violent sexual predator, in which case the offender shall register with the sheriff every three (3) months as provided in this section. If the offender intends to reside in another jurisdiction, the offender shall register in the other jurisdiction within two (2) days of moving to that jurisdiction and will not be removed from the sexual offender registry in Idaho until registration in another jurisdiction is complete.

(b) A nonresident required to register pursuant to section 18-8304(1)(b), Idaho Code, shall register with the sheriff of the county where employed or enrolled as a student within two (2) working days of the commencement of employment or enrollment as a student in an educational institution, provided that nonresidents employed in counseling, coaching, teaching, supervising or working with minors in any way, regardless of the period of employment, must register prior to the commencement of such employment.

(5) Registration shall be conducted as follows:

(a) For violent sexual predators the department shall mail a nonforwardable notice of quarterly registration to the offender's last reported address within three (3) months following the last registration;

(b) For all other sex offenders the department shall mail an annual, nonforwardable notice of registration to the offender's last reported address;

(c) Within seven (7) days of the mailing date of the notice, the offender shall appear in person at the office of the sheriff in the county in which the offender is required to register for the purpose of completing the registration process;

(d) If the notice is returned to the department as not delivered, the department shall inform the sheriff with whom the offender last registered of the returned notice.

(6) All written notifications of duty to register as provided herein shall include a warning that it is a felony as provided in section 18-8327, Idaho Code, for an 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 offender's child or children.

(7) An offender shall keep the registration current for the full registration period. The full registration period is for life; however, offenders may petition for release from the full registration period as set forth in section 18-8310, Idaho Code.

History:

[18-8307, added 1998, ch. 411, sec. 2, p. 1280; am. 1999, ch. 302, sec. 3, p. 756; am. 1999, ch. 349, sec. 3, p. 934; am. 2004, ch. 270, sec. 4, p. 754; am. 2005, ch. 233, sec. 2, p. 712; am. 2006, ch. 178, sec. 10, p. 550; am. 2011, ch. 311, sec. 6, p. 888; am. 2013, ch. 131, sec. 1, p. 300; am. 2022, ch. 146, sec. 1, p. 521.]
Idaho Code § 18-4112 — Idaho Code / Title 18 / Chapter 41 / Section 18-4112
18-4112 CONTRABAND.
Status: in_force

18-4112. Contraband. Destruction of obscene matter or advertisement of matter represented to be obscene:

(A) Obscene matter and advertisements for matter represented to be obscene are contraband and shall be destroyed.

(B) Upon the conviction of the accused or rendition of a court order declaring such matter to be contraband and subject to confiscation, the court shall, when such judgments become final, and all appeal procedures have terminated, order, upon five (5) days' notice to the defendant, any matter or advertisement, in respect whereof the accused stands convicted, and which remains in the possession or under the control of the prosecuting attorney or any law enforcement agency, to be destroyed, and the court shall cause to be destroyed any such material in its possession or under its control, retaining only such copies as are necessary for law enforcement purposes.

History:

[18-4112, added 1976, ch. 81, sec. 13, p. 266.]
Idaho Code § 18-1521 — Idaho Code / Title 18 / Chapter 15 / Section 18-1521
18-1521 UNIFORM ENFORCEMENT — ABROGATION OF EXISTING ORDINANCES — FURTHER LOCAL ORDINANCES BANNED.
Status: in_force

18-1521. 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 to a minor of material which is obscene or which is harmful to minors and depicts in whole or in part nudity, sexual conduct or sado-masochistic abuse. 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 regulation of the sale, loan, distribution, dissemination, presentation or exhibition to a minor of material which is obscene or which is harmful to minors and depicts in whole or in part nudity, sexual conduct or sado-masochistic abuse, 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 to a minor of material which is obscene or which is harmful to minors and depicts in whole or in part nudity, sexual conduct or sado-masochistic abuse, on or after such effective date.

History:

[I.C., sec. 18-1521, as added by 1972, ch. 336, sec. 1, p. 877.]
Idaho Code § 18-4809 — Idaho Code / Title 18 / Chapter 48 / Section 18-4809
18-4809 THREATS TO PUBLISH LIBEL — EXTORTION.
Status: in_force

18-4809. Threats to publish libel — Extortion. Every person who threatens another to publish a libel concerning him, or any parent, husband, wife, or child of such person, or member of his family, and every person who offers to prevent the publication of any libel upon another person, with intent to extort any money or other valuable consideration from any person, is guilty of a misdemeanor.

History:

[18-4809, added 1972, ch. 336, sec. 1, p. 945.]
Idaho Code § 18-4628A — Idaho Code / Title 18 / Chapter 46 / Section 18-4628A
18-4628A PENALTY FOR PURCHASE WITHOUT PROOF OF OWNERSHIP.
Status: in_force

18-4628A. Penalty for purchase without proof of ownership. It is unlawful and a misdemeanor for any person, firm, company, or business to purchase any load of forest products, including coniferous trees, Christmas trees, sawlogs, poles, cedar products, pulp logs, fuelwood, etc., without proof of ownership as specified in subsection (a) of section 18-4628, Idaho Code, or to fail to retain a copy of that proof of ownership for a period of at least one (1) year from the date of purchase.

History:

[18-4628A, added 1978, ch. 252, sec. 2, p. 552.]
Idaho Code § 18-100 — Idaho Code / Title 18 / Chapter 1 / Section 18-100
18-100 TITLE, EFFECT OF PRIOR LAW AND STATEMENT OF LEGISLATIVE INTENT.
Status: in_force

18-100. Title, effect of prior law and statement of legislative intent. (1) This title is called the Criminal Code.

(2) Except as provided in subsection (3) of this section, this code does not apply to offenses committed prior to its effective date [April 1, 1972] and prosecutions for such offenses shall be governed by the prior law, which is continued in effect for that purpose, as if this code were not in force. For the purposes of this section, an offense was committed prior to the effective date of this code if any of the elements of the offense occurred prior thereto.

(3) In any case pending on or after the effective date of this code, involving an offense committed prior to such date:

(a) procedural provisions of this code shall govern, insofar as they are justly applicable and their application does not introduce confusion or delay;

(b) provisions of this code according a defense or mitigation shall apply, with the consent of the defendant;

(c) the court, with the consent of the defendant, may impose sentence under the provisions of this code applicable to the offense and the offender.

(4) The purpose of this code is to re-establish the criminal laws of the state of Idaho that existed on December 31, 1971, unless otherwise specifically amended or repealed by this act.

Any provision of law that was in effect on December 31, 1971, is not repealed by inference or implication by enactment of this code.

(5) Any reference to the Penal and Correctional Code in effect on and between January 1, 1972 and March 31, 1972 (Chapter 143, Session Laws of 1971) shall be deemed to refer to a comparable provision in this code.

History:

[I.C., sec. 18-100, as added by 1972, ch. 381, sec. 1, p. 1102.]
Idaho Code § 18-504 — Idaho Code / Title 18 / Chapter 5 / Section 18-504
18-504 DETERMINATION OF POSTFERTILIZATION AGE.
Status: in_force

18-504. determination of postfertilization age. (1) Except in the case of a medical emergency, no abortion shall be performed or induced or be attempted to be performed or induced unless the physician performing or inducing it has first made a determination of the probable postfertilization age of the unborn child or relied upon such a determination made by another physician. In making such a determination, a physician shall make such inquiries of the woman and perform or cause to be performed such medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary to perform in making an accurate diagnosis with respect to postfertilization age.

(2) Intentional or reckless failure by any physician to conform to any requirement of this section makes the physician subject to medical discipline pursuant to section 54-1814(6), Idaho Code.

History:

[18-504, added 2011, ch. 324, sec. 1, p. 947.]
Idaho Code § 18-3315 — Idaho Code / Title 18 / Chapter 33 / Section 18-3315
18-3315 NONRESIDENT — PURCHASE OF FIREARM IN IDAHO.
Status: in_force

18-3315. nonresident — Purchase of firearm in Idaho. Residents of a state other than the state of Idaho may purchase rifles and shotguns in Idaho, provided that such residents conform to the applicable provisions of the federal gun control act of 1968, and regulations thereunder, and provided further, that such residents conform to the provisions of law applicable to such purchase in Idaho and in the state in which such persons reside.

History:

[18-3315, added 1972, ch. 336, sec. 1, p. 913; am. 2009, ch. 110, sec. 2, p. 363.]
Idaho Code § 18-1403 — Idaho Code / Title 18 / Chapter 14 / Section 18-1403
18-1403 PUNISHMENT FOR BURGLARY.
Status: in_force

18-1403. Punishment for burglary. Burglary is punishable by imprisonment in the state prison for not less than one (1) nor more than ten (10) years.

History:

[18-1403, added 1972, ch. 336, sec. 1, p. 871; am. 1992, ch. 167, sec. 2, p. 531.]
Idaho Code § 18-3502 — Idaho Code / Title 18 / Chapter 35 / Section 18-3502
18-3502 UNLAWFUL RE-ENTRY OF LAND AFTER OUSTER.
Status: in_force

18-3502. Unlawful re-entry of land after ouster. Every person who has been removed from any lands by process of law, or who has removed from any lands pursuant to the lawful adjudication or direction of any court, tribunal or officer, and who afterward unlawfully returns to settle, reside upon or take possession of such lands, is guilty of a misdemeanor.

History:

[18-3502, added 1972, ch. 336, sec. 1, p. 916.]
Idaho Code § 18-8006A — Idaho Code / Title 18 / Chapter 80 / Section 18-8006A
18-8006A AGGRAVATED DRIVING WHILE RECKLESS.
Status: in_force

18-8006A. aggravated driving while reckless. (1) A person shall be guilty of aggravated driving while reckless if he causes great bodily harm, permanent disability, or permanent disfigurement to any person other than himself in committing a violation of the provisions of section 49-1401(1), Idaho Code.

(2) Any person who commits aggravated driving while reckless upon conviction:

(a) Shall be sentenced to the state board of correction for a term not to exceed fifteen (15) years. 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 at least thirty (30) days, the first forty-eight (48) hours of which must be consecutive. Notwithstanding the provisions of section 18-111, Idaho Code, a conviction under this section shall be deemed a felony;

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

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

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

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

(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 or withheld judgment.

History:

[18-8006A, added 2024, ch. 90, sec. 1, p. 429.]
Idaho Code § 18-5812 — Idaho Code / Title 18 / Chapter 58 / Section 18-5812
18-5812 BATTERY TO ASSISTANCE ANIMALS, SERVICE DOGS, AND DOGS-IN-TRAINING — PENALTIES.
Status: in_force

18-5812. Battery to assistance animals, service dogs, and dogs-in-training — Penalties. (1) Any person who:

(a) Permits any animal that is owned, harbored, or controlled by him to cause injury to or the death of any assistance animal, service dog, or dog-in-training is guilty of a misdemeanor.

(b) Intentionally causes injury to or the death of any assistance animal, service dog, or dog-in-training is guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding one (1) year, or by a fine not exceeding five thousand dollars ($5,000), or by both.

(2) In addition to any other criminal or civil penalties provided for violation of this section, any person convicted under this section, regardless of the form of judgment, shall be ordered to make full restitution to the owner or custodian of such dog for all veterinary bills, replacement, and other costs resulting from the injury or death of the dog.

History:

[18-5812, added 1997, ch. 267, sec. 5, p. 765; am. 2019, ch. 213, sec. 3, p. 645.]
Idaho Code § 18-6904 — Idaho Code / Title 18 / Chapter 69 / Section 18-6904
18-6904 AUTHORIZED ACTIONS — IMMUNITY.
Status: in_force

18-6904. Authorized actions — Immunity. (1) The owner or lessee of a motion picture theater, or the authorized agent or employee of such owner or lessee may request a person on his premises to place or keep in full view any audiovisual recording device or related item such person may have operated, or which the owner or lessee or authorized agent or employee of such owner or lessee has reason to believe he may have operated, in violation of the provisions of this chapter. No merchant shall be criminally or civilly liable on account of having made such a request.

(2) The owner or lessee of a motion picture theater, or the authorized agent or employee of such owner or lessee, who has reason to believe that any audiovisual recording device or related item has been operated by a person in violation of this chapter and that he can recover such audiovisual recording device or related item by taking such a person into custody and detaining him may, for the purpose of attempting to effect such recovery or for the purpose of informing a peace officer of the circumstances of such detention, take the person into custody and detain him, in a reasonable manner and for a reasonable length of time.

History:

[18-6904, added 2005, ch. 239, sec. 1, p. 742.]
Idaho Code § 18-618 — Idaho Code / Title 18 / Chapter 6 / Section 18-618
18-618 CIVIL CAUSES OF ACTION.
Status: in_force

18-618. CiVIL CAUSES OF ACTION. (1) Any female upon whom an abortion has been attempted or performed, or the father of the unborn child who was the subject of the abortion if the father was married to the woman who received the abortion at the time the abortion was attempted or performed, or a maternal grandparent of the unborn child in the event the mother is deceased, may maintain an action for actual damages against the person who in knowing or reckless violation of section 18-617, Idaho Code, attempted or performed the abortion. The court may, in its discretion, award punitive damages pursuant to section 6-1604, Idaho Code, and enjoin further violations of sections 18-617 through 18-621, Idaho Code.

(2) A cause of action for injunctive relief against any person who has knowingly or recklessly violated sections 18-617 through 18-621, Idaho Code, may be maintained by a county prosecuting attorney with appropriate jurisdiction or by the attorney general. The injunction shall prevent the abortion provider from performing further abortions in violation of sections 18-617 through 18-621, Idaho Code, in this state.

History:

[18-618, added 2015, ch. 270, sec. 2, p. 1124.]
Idaho Code § 18-4004A — Idaho Code / Title 18 / Chapter 40 / Section 18-4004A
18-4004A NOTICE OF INTENT TO SEEK DEATH PENALTY.
Status: in_force

18-4004A. Notice of intent to seek death penalty. (1) A sentence of death shall not be imposed unless the prosecuting attorney filed written notice of intent to seek the death penalty with the court and served the notice upon the defendant or his attorney of record no later than sixty (60) days after entry of a plea for murder in the first degree and no later than thirty (30) days after entry of a plea for aggravated lewd conduct with a minor child twelve (12) years of age or under. Any notice of intent to seek the death penalty shall include a listing of the statutory aggravating circumstances that the state will rely on in seeking the death penalty. The state may amend its notice upon a showing of good cause at any time prior to trial. A notice of intent to seek the death penalty may be withdrawn at any time prior to the imposition of sentence. However, upon a showing of good cause, and a stipulation by the state and the defendant and his attorney of record the court may extend the time for the filing of the notice of intent to seek the death penalty for a reasonable period of time.

(2) In the event that the prosecuting attorney does not file a notice of intent to seek the death penalty or otherwise puts the court on notice that the state does not intend to seek the death penalty, the court shall inform potential jurors at the outset of jury selection that the death penalty is not a sentencing option for the court or the jury.

History:

[18-4004A, added 1998, ch. 96, sec. 2, p. 344; am. 2003, ch. 19, sec. 2, p. 71; am. 2008, ch. 300, sec. 1, p. 837; am. 2025, ch. 177, sec. 5, p. 835.]
Idaho Code § 18-7106 — Idaho Code / Title 18 / Chapter 71 / Section 18-7106
18-7106 CIVIL LIABILITY.
Status: in_force

18-7106. civil liability. (1) Any government agent who knowingly violates the provisions of this chapter shall be subject to a civil penalty of one thousand dollars ($1,000) per occurrence, payable to the rangeland improvement account established in section 58-1504, Idaho Code.

(2) A person aggrieved by a violation of this section may bring a civil action for actual damages and injunctive relief. The prevailing party shall be entitled to reasonable attorney's fees and costs.

(3) The civil penalty provided in this section may be enforced by the county prosecuting attorney or by an aggrieved person through a civil action in the magistrate division of the district court. The court shall enter judgment for one thousand dollars ($1,000) per violation, together with any costs and attorney's fees as provided in subsection (2) of this section.

(4) No political subdivision shall be required to indemnify a government agent for civil penalties imposed under this section.

(5) Nothing in this section shall affect the admissibility of evidence in any judicial or administrative proceeding.

(6) The penalties provided in this section shall not be applicable to any county sheriff or deputies, county coroner, municipal police officers, or Idaho state police.

History:

[18-7106, added 2026, ch. 261, sec. 1, p. 1110.]
Idaho Code § 18-6719 — Idaho Code / Title 18 / Chapter 67 / Section 18-6719
18-6719 DEFINITIONS FOR PEN REGISTERS AND TRAP AND TRACE DEVICES.
Status: in_force

18-6719. Definitions for pen registers and trap and trace devices. (1) "Attorney general" means the attorney general of the state of Idaho;

(2) "Pen register" means a device which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which such device is attached, but such term does not include any device used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by such provider or any device used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business;

(3) "Prosecuting attorney" means the prosecuting attorney of each county of the state of Idaho;

(4) "Trap and trace device" means a device which captures the incoming electronic or other impulses which identify the originating number of an instrument or device from which a wire or electronic communication was transmitted.

History:

[18-6719, added 1987, ch. 215, sec. 1, p. 461.]
Idaho Code § 18-709 — Idaho Code / Title 18 / Chapter 7 / Section 18-709
18-709 MALICIOUSLY PROCURING WARRANT.
Status: in_force

18-709. Maliciously procuring warrant. Every person who, maliciously and without probable cause, procures a search warrant or warrant of arrest to be issued and executed, is guilty of a misdemeanor.

History:

[18-709, added 1972, ch. 336, sec. 1, p. 863.]
Idaho Code § 18-4628 — Idaho Code / Title 18 / Chapter 46 / Section 18-4628
18-4628 TRANSPORTATION OF FOREST PRODUCTS — PROOF OF OWNERSHIP REQUIRED — EXCEPTIONS.
Status: in_force

18-4628. Transportation of forest products — Proof of ownership required — Exceptions. (a) It shall be unlawful and constitute a misdemeanor for any person, firm, company, or business to transport on the public highways of this state any load of forest products, including coniferous trees, Christmas trees, sawlogs, poles, cedar products, pulp logs, fuelwood, etc., without proof of ownership. Such proof of ownership shall consist of one or more of the following:

(1) A permit, contract, or other legal instrument issued by the landowner or proper state or federal agencies which shall specify:

(a) Date of execution;

(b) Name and address of permittee;

(c) Location or area by legal description where forest products were harvested;

(d) Estimated amount, volume, species, and class of forest products authorized to be cut and removed;

(e) Delivery or scaling point;

(f) Name and address of purchaser of forest products if different than permittee.

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

(a) Date of execution;

(b) Name and address of the vendor or donor of the forest products;

(c) Name and address of the vendee or donee of the forest products;

(d) Number, volume, species, and class of forest products sold or transferred by the bill of sale;

(e) Property, legal description, from which the forest products were cut and removed.

(3) A log or product load receipt or ticket issued by the seller (and) is a contract or permit condition authorizing removal of forest products. After scaling, load receipts or tickets shall be acceptable as proof of ownership when such tickets or load receipts specify:

(a) Name of sale and purchaser;

(b) Date load removed;

(c) Name of truck driver;

(d) Sale contract/permit number;

(e) Number, volume, species and class of forest products covered by the load receipts or tickets.

(b) The foregoing provisions shall not apply to:

(1) Transportation of wood chips, sawdust and bark;

(2) Transportation of forest products by the owner of the land from which forest products were taken or his agent;

(3) Transportation of two (2) or less coniferous trees; or

(4) Transportation of trees in the course of transplantation with their roots intact.

History:

[I.C., sec. 18-4628, as added by 1975, ch. 243, sec. 2, p. 653; am. 1978, ch. 252, sec. 1, p. 551.]
Idaho Code § 18-914 — Idaho Code / Title 18 / Chapter 9 / Section 18-914
18-914 FELONIOUS ADMINISTERING OF DRUGS — PUNISHMENT.
Status: in_force

18-914. Felonious administering of drugs — Punishment. A felonious administering of drugs is punishable by imprisonment in the state prison not to exceed five (5) years or five thousand ($5,000) dollars, or both.

History:

[18-914, added 1979, ch. 227, sec. 2, p. 626.]
Idaho Code § 18-3612 — Idaho Code / Title 18 / Chapter 36 / Section 18-3612
18-3612 RESTORING CANCELED RAILROAD TICKETS.
Status: in_force

18-3612. Restoring canceled railroad tickets. Every person who, for the purpose of restoring to its original appearance and nominal value in whole or in part, removes, conceals, fills up, or obliterates, the cuts, marks, punch holes, or other evidence of cancelation, from any ticket, check, order, coupon, receipt for fare, or pass, issued by any railroad company, or by any lessee or manager thereof, canceled in whole or in part, with intent to dispose of by sale or gift, or to circulate the same, or with intent to defraud the railroad company, or lessee thereof, or any other person, or who, with like intent to defraud, offers for sale, or in payment of fare on the railroad of the company, such ticket, check, order, coupon, or pass, knowing the same to have been so restored, in whole or in part, is punishable by imprisonment in the county jail not exceeding six (6) months, or by a fine not exceeding $1000, or by both such imprisonment and fine.

History:

[18-3612, added 1972, ch. 336, sec. 1, p. 919.]
Idaho Code § 18-1360 — Idaho Code / Title 18 / Chapter 13 / Section 18-1360
18-1360 PENALTIES.
Status: in_force

18-1360. Penalties. Any public servant who violates the provisions of this chapter, unless otherwise provided, shall be guilty of a misdemeanor and may be punished by a fine not exceeding one thousand dollars ($1,000), or by incarceration in the county jail for a period not exceeding one (1) year, or by both such fine and incarceration. In addition to any penalty imposed in this chapter, any person who violates the provisions of this chapter may be required to forfeit his office and may be ordered to make restitution of any benefit received by him to the governmental entity from which it was obtained.

History:

[18-1360, added 1990, ch. 328, sec. 2, p. 901.]
Idaho Code § 18-908 — Idaho Code / Title 18 / Chapter 9 / Section 18-908
18-908 AGGRAVATED BATTERY — PUNISHMENT.
Status: in_force

18-908. Aggravated battery — Punishment. An aggravated battery is punishable by imprisonment in the state prison not to exceed fifteen (15) years.

History:

[18-908, added 1979, ch. 227, sec. 2, p. 625.]
Idaho Code § 18-3320A — Idaho Code / Title 18 / Chapter 33 / Section 18-3320A
18-3320A DISPOSAL OF DESTRUCTIVE DEVICES OR BOMBS.
Status: in_force

18-3320A. Disposal of destructive devices or bombs. Any destructive device or bomb that has been lawfully seized by a law enforcement agency may be destroyed in a reasonable manner. An official record listing the destructive device or bomb destroyed and the location of destruction shall be kept on file at the office of the seizing agency. In the event of such destruction, a photograph, videotape, or similar record of the device or bomb shall be preserved for evidentiary purposes. The destruction of a destructive device or bomb before a preliminary hearing, trial, or both shall not be a bar to prosecution for any violation of law.

History:

[18-3320A, added 1999, ch. 299, sec. 1, p. 751.]
Idaho Code § 18-8602 — Idaho Code / Title 18 / Chapter 86 / Section 18-8602
18-8602 DEFINITIONS.
Status: in_force

18-8602. definitions. As used in this chapter:

(1) "Coercion" means compulsion or a threat, including but not limited to:

(a) Abusing or threatening abuse of the law or legal process against a person or a third party;

(b) Causing a person, without the person's consent, to become intoxicated to a degree that impairs the person's ability to appraise the nature of or resist engaging in any conduct, including performing or providing labor or services;

(c) Destroying, concealing, confiscating, or withholding, or threatening to destroy, conceal, confiscate, or withhold, a person's or a third party's actual or purported government record or identifying information or identifying document;

(d) Threatening physical harm, financial harm, unwanted physical restraint, or any conduct that would be criminal under Idaho Code; or

(e) Withholding alcohol or a controlled substance to a degree that impairs the ability of a person with a chemical dependency to appraise the nature of or resist engaging in any conduct, including performing or providing labor or services.

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

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

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

(5) "Force" means the use of a weapon; the use of such physical strength or violence as is sufficient to overcome, restrain, or injure a person; or inflicting physical harm sufficient to compel submission by the victim.

(6) "Forced labor or services" means labor or services, other than labor or services that constitute sexual contact, that are performed or provided by another person and obtained through an actor's use of force, fraud, or coercion.

(7) "Fraud" means the intentional use of any deceit, trick, misrepresentation, false statement, or some dishonest means to achieve a desired result.

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

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

(10) "Sexually explicit performance" means an act, show, production, recording, or any form of pornography made for the purpose of arousing or gratifying the sexual desire of any person.

(11) "Traffic" means to transport, entice, recruit, harbor, detain, hold, provide, or otherwise obtain another person by any means.

History:

[18-8602, added 2024, ch. 147, sec. 21, p. 565.]
Idaho Code § 18-4110 — Idaho Code / Title 18 / Chapter 41 / Section 18-4110
18-4110 EXPERT WITNESS TESTIMONY.
Status: in_force

18-4110. Expert witness testimony. In any prosecution for a violation of the provisions of this act, neither the prosecution nor the defense shall be required to introduce expert witness testimony concerning the obscene or harmful character of the matter which is the subject of any such prosecution.

History:

[I.C., sec. 18-4110, as added by 1973, ch. 305, sec. 13, p. 655; am. 1976, ch. 81, sec. 9, p. 264.]
Idaho Code § 18-8406 — Idaho Code / Title 18 / Chapter 84 / Section 18-8406
18-8406 NOTIFICATION OF DUTY TO REGISTER — PRIOR TO RELEASE.
Status: in_force

18-8406. Notification of duty to register — Prior to release. With respect to a juvenile sex offender sentenced to a period of detention, the county shall provide, prior to release, written notification of the duty to register. With respect to a juvenile sex offender committed to the custody of the department of juvenile corrections, the department shall provide, prior to release, written notification of the duty to register. The written notification shall be a form provided by the Idaho state police and shall be signed by the juvenile and the parents or guardian of the juvenile. One (1) copy shall be retained by the department of juvenile corrections, one (1) copy shall be provided to the offender, and one (1) copy shall be submitted within three (3) working days to the central registry.

History:

[18-8406, added 1998, ch. 412, sec. 1, p. 1300; am. 2000, ch. 469, sec. 34, p. 1491.]
Idaho Code § 18-3310 — Idaho Code / Title 18 / Chapter 33 / Section 18-3310
18-3310 SHIPPING LOADED FIREARMS.
Status: in_force

18-3310. Shipping loaded firearms. Every person who ships, or causes to be shipped, or delivers or causes to be delivered, to any railroad, express or stage company, or to any other common carrier, for shipment as baggage or otherwise, any loaded pistol, revolver, rifle, shotgun or other firearm, is guilty of a misdemeanor.

History:

[18-3310, added 1972, ch. 336, sec. 1, p. 912.]
Idaho Code § 18-5816 — Idaho Code / Title 18 / Chapter 58 / Section 18-5816
18-5816 ABANDONMENT OF AIRTIGHT CONTAINERS WITHOUT REMOVING DOOR LOCKS PROHIBITED.
Status: in_force

18-5816. Abandonment of airtight containers without removing door locks prohibited. It shall be unlawful for any person or persons to abandon, or to permit to remain in an abandoned state on his premises or on premises over which he exercises control, within the state of Idaho, any ice box, refrigerator, deep freeze, or similar appliance having a door which fastens automatically and which cannot be opened from the inside, without having first removed the lock or the hinges by which said door is attached to the body of the appliance.

History:

[I.C., sec. 18-5816, as added by 1972, ch. 336, sec. 1, p. 958.]
Idaho Code § 18-6716 — Idaho Code / Title 18 / Chapter 67 / Section 18-6716
18-6716 OPENING TELEGRAMS.
Status: in_force

18-6716. Opening telegrams. Every person not connected with any telegraphic office who without the authority or consent of the person to whom the same may be directed, willfully opens any sealed envelope enclosing a telegraphic message and addressed to any other person, with the purpose of learning the contents of such message, or who fraudulently represents any other person, and thereby procures to be delivered to himself any telegraphic message addressed to such other person, with the intent to use, destroy or detain the same from the person or persons entitled to receive such message, is punishable as provided in section 18-6715, Idaho Code.

History:

[18-6716, added 1980, ch. 326, sec. 2, p. 844.]
Idaho Code § 18-6008 — Idaho Code / Title 18 / Chapter 60 / Section 18-6008
18-6008 RECEIVING STOLEN CAR PARTS.
Status: in_force

18-6008. Receiving stolen car parts. Every person who buys or receives any of the property described in section 18-6007, Idaho Code, knowing the same to have been stolen, is guilty of a felony, and upon conviction thereof shall be subject to the punishment provided in section 18-6007, Idaho Code.

History:

[18-6008, added 1972, ch. 336, sec. 1, p. 960; am. 1994, ch. 263, sec. 4, p. 813.]
Idaho Code § 18-112A — Idaho Code / Title 18 / Chapter 1 / Section 18-112A
18-112A FINE AUTHORIZED.
Status: in_force

18-112A. Fine authorized. In addition to any other punishment prescribed for felonies in specific statutes of the Idaho Code, the court may also impose a fine of up to fifty thousand dollars ($50,000). This section shall not apply if the specific felony statute provides for the imposition of a fine.

History:

[18-112A, added 1986, ch. 312, sec. 1, p. 763; am. 1994, ch. 134, sec. 2, p. 307.]
Idaho Code § 18-1515 — Idaho Code / Title 18 / Chapter 15 / Section 18-1515
18-1515 DISSEMINATING MATERIAL HARMFUL TO MINORS — DEFINED — PENALTY.
Status: in_force

18-1515. Disseminating material harmful to minors — Defined — Penalty. A person is guilty of disseminating material harmful to minors when:

1. He knowingly gives or makes available to a minor or promotes or possesses with intent to promote to minors or he knowingly sells or loans to a minor for monetary consideration any material that is sexually explicit and, taken as a whole, is harmful to minors.

2. With reference to a motion picture, show or other presentation that is sexually explicit and, taken as a whole, is harmful to minors, he knowingly:

(a) Exhibits such motion picture, show or other presentation to a minor for a monetary consideration; or

(b) Sells to a minor an admission ticket or pass to premises whereon there is exhibited or to be exhibited such motion picture, show or other presentation; or

(c) Admits a minor for a monetary consideration to premises whereon there is exhibited or to be exhibited such motion picture, show or other presentation; or

(d) Exhibits such motion picture, show or other presentation to a minor not for a monetary consideration; or

(e) Gives without monetary consideration to a minor an admission ticket or pass to premises where there is exhibited or to be exhibited such motion picture, show, or other presentation.

Disseminating material harmful to minors is a misdemeanor punishable by confinement in the county jail not to exceed one (1) year, or by a fine not to exceed one thousand dollars ($1,000), or by both such fine and jail sentence.

History:

[18-1515, added 1972, ch. 336, sec. 1, p. 875; am. 2026, ch. 343, sec. 2, p. 1336.]
Idaho Code § 18-8311 — Idaho Code / Title 18 / Chapter 83 / Section 18-8311
18-8311 PENALTIES.
Status: in_force

18-8311. Penalties. (1) An offender subject to registration who knowingly fails to register, verify his address, or provide any information or notice as required by this chapter shall be guilty of a felony and shall be punished by imprisonment in the state prison system for a period not to exceed ten (10) years and by a fine not to exceed five thousand dollars ($5,000). If the offender is on probation or other supervised release or suspension from incarceration at the time of the violation, the probation or supervised release or suspension shall be revoked and the penalty for violating this chapter shall be served consecutively to the offender's original sentence.

(2) An offender subject to registration under this chapter, who willfully provides false or misleading information in the registration required, shall be guilty of a felony and shall be punished by imprisonment in a state prison for a period not to exceed ten (10) years and a fine not to exceed five thousand dollars ($5,000).

History:

[18-8311, added 1998, ch. 411, sec. 2, p. 1282; am. 2000, ch. 236, sec. 3, p. 665; am. 2006, ch. 178, sec. 13, p. 553; am. 2011, ch. 311, sec. 11, p. 893.]
Idaho Code § 18-903 — Idaho Code / Title 18 / Chapter 9 / Section 18-903
18-903 BATTERY DEFINED.
Status: in_force

18-903. Battery defined. A battery is any:

(a) Willful and unlawful use of force or violence upon the person of another; or

(b) Actual, intentional and unlawful touching or striking of another person against the will of the other; or

(c) Unlawfully and intentionally causing bodily harm to an individual.

History:

[18-903, added 1979, ch. 227, sec. 2, p. 624.]
Idaho Code § 18-5817 — Idaho Code / Title 18 / Chapter 58 / Section 18-5817
18-5817 “ABANDON” DEFINED AS LEAVING TO ATTRACT CHILDREN.
Status: in_force

18-5817. "Abandon" defined as leaving to attract children. "Abandon" means leaving unattended and uninclosed such appliance, in such manner and for such time that playing children may be attracted thereto, whether left upon the premises of the owner of the appliance or upon other premises.

History:

[I.C., sec. 18-5817, as added by 1972, ch. 336, sec. 1, p. 958.]
Idaho Code § 18-2202 — Idaho Code / Title 18 / Chapter 22 / Section 18-2202
18-2202 COMPUTER CRIME.
Status: in_force

18-2202. Computer crime. (1) Any person who knowingly accesses, attempts to access or uses, or attempts to use any computer, computer system, computer network, or any part thereof for the purpose of: devising or executing any scheme or artifice to defraud; obtaining money, property, or services by means of false or fraudulent pretenses, representations, or promises; or committing theft; commits computer crime.

(2) Any person who knowingly and without authorization alters, damages, or destroys any computer, computer system, or computer network described in section 18-2201, Idaho Code, or any computer software, program, documentation, or data contained in such computer, computer system, or computer network commits computer crime.

(3) Any person who knowingly and without authorization uses, accesses, or attempts to access any computer, computer system, or computer network described in section 18-2201, Idaho Code, or any computer software, program, documentation or data contained in such computer, computer system, or computer network, commits computer crime.

(4) A violation of the provisions of subsections (1) or (2) of this section shall be a felony. A violation of the provisions of subsection (3) of this section shall be a misdemeanor.

History:

[18-2202, added 1984, ch. 68, sec. 1, p. 130.]
Idaho Code § 18-1514 — Idaho Code / Title 18 / Chapter 15 / Section 18-1514
18-1514 OBSCENE MATERIALS — DEFINITIONS.
Status: in_force

18-1514. Obscene materials — Definitions. The following definitions are applicable to this act:

(1) "Adolescent minor" means any person thirteen (13) years of age or older but less than eighteen (18) years of age.

(2) "Minor" means any person less than eighteen (18) years of age.

(3) "Nudity" means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.

(4) "Sexual conduct" means any act of masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, the breast. Breastfeeding, childbearing, medical procedures and examinations, and any other nonerotic physical contact shall not be considered sexual conduct.

(5) "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

(6) "Sado-masochistic abuse" means flagellation or torture by or upon a person who is nude or clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one who is nude or so clothed.

(7)(a) "Harmful to minors" means the quality of any material when it:

(i) Taken as a whole, appeals to the prurient interest of adolescent minors as judged by the average person, applying contemporary community standards; and

(ii) Depicts or describes representations or descriptions of nudity, sexual conduct, sexual excitement, or sado-masochistic abuse which are patently offensive to prevailing standards in the adult community with respect to what is suitable material for adolescent minors and includes, but is not limited to, patently offensive representations or descriptions of:

1. Intimate sexual acts, normal or perverted, actual or simulated; or

2. Masturbation, excretory functions or lewd exhibition of the genitals or genital area.

(b) "Harmful to minors" shall not include material that, when considered as a whole, possesses serious literary, artistic, political, or scientific value for adolescent minors.

(8) "Material" means anything tangible, whether derived through the medium of reading, observation, or sound, including any picture, photograph, drawing, sculpture, motion picture, film, or similar visual representation or image or any book, pamphlet, magazine, printed matter however reproduced, or sound recording.

(9) "Promote" means to manufacture, issue, sell, give, provide, deliver, publish, distribute, circulate, disseminate, present, exhibit or advertise, or to offer or agree to do the same.

(10) "Knowingly" means having general knowledge of, or reason to know, or a belief or reasonable ground for belief that warrants further inspection or inquiry.

(11) "School" means any school providing instruction for students in kindergarten through grade 12.

(12) "Sexually explicit" means the quality of any material when it contains erotic depictions of nudity, depicts sexual conduct or sado-masochistic abuse, or contains any explicit and detailed description or narrative account of sexual excitement, sexual conduct, or sado-masochistic abuse. "Sexually explicit" shall not include diagrams about anatomy for scientific education, religious books such as the Bible and the Torah, or content relating to classical works of art.

History:

[18-1514, added 1972, ch. 336, sec. 1, p. 874; am. 1976, ch. 81, sec. 15, p. 267; am. 2024, ch. 327, sec. 1, p. 1080; am. 2026, ch. 343, sec. 1, p. 1335.]
Idaho Code § 18-3125 — Idaho Code / Title 18 / Chapter 31 / Section 18-3125
18-3125 CRIMINAL POSSESSION OF FINANCIAL TRANSACTION CARD, FINANCIAL TRANSACTION NUMBER AND FTC FORGERY DEVICES.
Status: in_force

18-3125. Criminal possession of financial transaction card, financial transaction number and FTC forgery devices. It is a felony punishable as provided in subsection (3) of section 18-3128, Idaho Code, for any person:

(1) To acquire an FTC or FTC number from another without the consent of the card holder or the issuer with the intent to use to defraud, or to, with the knowledge that it has been so acquired, receive an FTC or FTC number with the intent to use to defraud, or to sell, or to transfer the FTC or FTC number to another person with the knowledge that it is to be used to defraud;

(2) To acquire an FTC or FTC number that he knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the card holder, and to retain possession with the intent to use to defraud or to sell or transfer to another person with the knowledge that it is to be used to defraud;

(3) To, with the intent to defraud, knowingly possess a false, fictitious, counterfeit, revoked, expired or fraudulently obtained FTC or any FTC account number;

(4) To, with the intent to defraud, knowingly obtain or attempt to obtain credit or purchase or attempt to purchase any goods, property or service, by use of any false, fictitious, counterfeit, revoked, expired or fraudulently obtained FTC or FTC account number;

(5) To, with the intent to defraud, knowingly produce to another person or procure, a false, fictitious, counterfeit, revoked, expired or fraudulently obtained FTC or any FTC account number;

(6) To, with the intent to defraud and while making an application for an FTC to an issuer, knowingly make or cause to be made, a false written or oral statement or representation respecting his name, personal identifying information, occupation, financial condition, assets, or to materially undervalue any indebtedness for the purpose of influencing the issuer to issue an FTC.

History:

[18-3125, added 1981, ch. 164, sec. 4, p. 290; am. 2002, ch. 72, sec. 2, p. 159; am. 2007, ch. 33, sec. 3, p. 77; am. 2015, ch. 62, sec. 1, p. 171.]
Idaho Code § 18-3619 — Idaho Code / Title 18 / Chapter 36 / Section 18-3619
18-3619 SLUGS OR COUNTERFEITED COINS — PENALTY FOR USE IN VENDING MACHINES OR COIN-BOXES.
Status: in_force

18-3619. Slugs or counterfeited coins — Penalty for use in vending machines or coin-boxes. Any person who, by means of any token, slug, false or counterfeited coin, or by any other means, method, trick or device whatsoever not lawfully authorized by the owner, lessee, or licensee of any vending machine, coin-box telephone or other receptacle designed to receive or be operated by lawful coin of the United States of America in furtherance of or connection with the sale, use or enjoyment of property or service, knowingly shall operate or cause to be operated, or shall attempt to operate or attempt to cause to be operated, any vending machine, coin-box telephone or other receptacle designed to receive or be operated by lawful coin of the United States of America, or whoever shall take, obtain, accept or receive, from or by means of any such machine, coin-box telephone or other receptacle, any article of value or service or the use or enjoyment of any telephone, telegraph or other facility or service, without depositing in, delivering to and payment into such machine, coin-box telephone or receptacle the amount of lawful coin of the United States of America required therefor by the owner, lessee or licensee of such machine, coin-box telephone or other receptacle, shall be fined not more than two hundred dollars ($200.00), or imprisoned not more than sixty (60) days, or both.

History:

[I.C., sec. 18-3619, as added by 1972, ch. 336, sec. 1, p. 920.]
Idaho Code § 18-7902 — Idaho Code / Title 18 / Chapter 79 / Section 18-7902
18-7902 MALICIOUS HARASSMENT DEFINED — PROHIBITED.
Status: in_force

18-7902. Malicious harassment defined — Prohibited. It shall be unlawful for any person, maliciously and with the specific intent to intimidate or harass another person because of that person's race, color, religion, ancestry, or national origin, to:

(a) Cause physical injury to another person; or

(b) Damage, destroy, or deface any real or personal property of another person; or

(c) Threaten, by word or act, to do the acts prohibited if there is reasonable cause to believe that any of the acts described in subsections (a) and (b) of this section will occur.

For purposes of this section, "deface" shall include, but not be limited to, cross-burnings or the placing of any word or symbol commonly associated with racial, religious or ethnic terrorism on the property of another person without his or her permission.

History:

[18-7902, added 1983, ch. 110, sec. 2, p. 237.]
Idaho Code § 18-6103 — Idaho Code / Title 18 / Chapter 61 / Section 18-6103
18-6103 PENETRATION.
Status: in_force

18-6103. Penetration. Any sexual penetration, however slight, is sufficient to complete the crime of rape.

History:

[18-6103, added 1972, ch. 336, sec. 1, p. 962; am. 2022, ch. 122, sec. 1, p. 434.]
Idaho Code § 18-3311 — Idaho Code / Title 18 / Chapter 33 / Section 18-3311
18-3311 KEEPING GUNPOWDER OR OTHER EXPLOSIVES IN TOWNS.
Status: in_force

18-3311. Keeping gunpowder or other explosives in towns. Every person who makes or keeps gunpowder, nitroglycerin, or other highly explosive substance, within any city or town, or who carries the same through the streets thereof, in any quantity or manner prohibited by law, or by any ordinance of such city or town, is guilty of a misdemeanor.

History:

[18-3311, added 1972, ch. 336, sec. 1, p. 913.]
Idaho Code § 18-4504 — Idaho Code / Title 18 / Chapter 45 / Section 18-4504
18-4504 PUNISHMENT — LIBERATION OF KIDNAPPED PERSON.
Status: in_force

18-4504. Punishment — Liberation of kidnapped person. 1. Every person guilty of kidnapping in the first degree shall suffer death or be punished by imprisonment in the state prison for life, provided 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 18-4504A, Idaho Code, and provided further that the sentence of death shall not be imposed if prior to its imposition the kidnapped person has been liberated unharmed.

2. Kidnapping in the second degree is punishable by imprisonment in the state prison not less than one (1) nor more than twenty-five (25) years.

History:

[18-4504, added 1972, ch. 336, sec. 1, p. 937; am. 1980, ch. 298, sec. 1, p. 775; am. 2000, ch. 126, sec. 1, p. 300.]
Idaho Code § 18-5703 — Idaho Code / Title 18 / Chapter 57 / Section 18-5703
18-5703 DEFINITIONS.
Status: in_force

18-5703. Definitions. As used in this chapter:

(1) "Financial transaction card" means:

(a) Any instrument or device known as a credit card, credit plate, bank services card, banking card, check guarantee card, debit card, telephone credit card or by any other name issued by the issuer for the use of the cardholder in obtaining money, goods, services or anything else of value on credit, or in certifying or guaranteeing to a person or business the availability to the cardholder of the funds on deposit that are equal to or greater than the amount necessary to honor a draft or check payable to the order of such a person or business; or

(b) Any instrument or device used in providing the cardholder access to a demand deposit account or a time deposit account for the purpose of making deposits of money or checks therein, or withdrawing funds in the form of money, money orders, or traveler's checks or other representative of value therefrom or transferring funds from any demand account or time deposit account to any credit card account in full or partial satisfaction of any outstanding balance existing therein.

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

(3) "Governmental entity" means:

(a) The state of Idaho, including all branches, departments, divisions, agencies, boards, commissions and other governmental bodies of the state; and

(b) Counties, cities, districts and all other political subdivisions of the state of Idaho.

(4) "Public employee" means any person who is not a public officer and is employed by a governmental entity.

(5) "Public moneys" includes all bonds and evidences of indebtedness, fees, fines, forfeitures, and all other moneys belonging to or in the charge of a governmental entity or held by a public officer or public employee in his official capacity, and all financial transaction cards, financial transaction card account numbers and credit accounts issued to or for the benefit of the governmental entity.

(6) "Public officer" means any person holding public office of a governmental entity:

(a) As an elected official, by virtue of an election process, including persons appointed to a vacant elected office; or

(b) As an appointed official by virtue of a formal appointment as required by law.

History:

[18-5703, added 1972, ch. 336, sec. 1, p. 954; am. 2006, ch. 156, sec. 2, p. 472; am. 2008, ch. 56, sec. 3, p. 145.]