reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 51 - NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS › Chapter 1 - REVISED UNIFORM LAW ON NOTARIAL ACTS (2018) › Section 51-115 - CERTIFICATE OF NOTARIAL ACT.

51-115. CERTIFICATE OF NOTARIAL ACT. (1) A notarial act must be evidenced by a certificate. The certificate must:
(a) Be executed contemporaneously with the performance of the notarial act;
(b) Be signed and dated by the notary public;
(c) Identify the jurisdiction in which the notarial act is performed; and
(d) Indicate the date of expiration, if any, of the notary public’s commission.
(2) If a notarial act regarding a tangible or electronic record is performed by a notary public, an official stamp must be affixed to the certificate.
(3) A certificate of a notarial act is sufficient if it meets the requirements of subsections (1) and (2) of this section and:
(a) Is in a short form set forth in section 51-116, Idaho Code;
(b) Is in a form otherwise permitted by the law of this state;
(c) Is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or
(d) Sets forth the actions of the notary public and the actions are sufficient to meet the requirements of the notarial act as provided in sections 51-105, 51-106 and 51-107, Idaho Code, or law of this state other than this chapter.
(4) By executing a certificate of a notarial act, a notary public certifies that the notary public has complied with the requirements and made the determinations specified in sections 51-105, 51-106 and 51-107, Idaho Code.
(5) A notary public may not affix the notary public’s signature to, or logically associate it with, a certificate until the notarial act has been performed.
(6) If a notarial act is performed regarding a tangible record, a certificate must be part of, or securely attached to, the record. If a notarial act is performed regarding an electronic record, the certificate must be affixed to, or logically associated with, the electronic record. If the secretary of state has established standards pursuant to section 51-127, Idaho Code, for attaching, affixing or logically associating the certificate, the process must conform to the standards.
History:
[51-115, added 2017, ch. 192, sec. 3, p. 445.]
2023 Idaho Code › Title 51 - NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS › Chapter 1 - REVISED UNIFORM LAW ON NOTARIAL ACTS (2018) › Section 51-116 - SHORT FORM CERTIFICATES.

51-116. SHORT FORM CERTIFICATES. The following short form certificates of notarial acts are sufficient for the purposes indicated if completed with the information required by section 51-115(1) and (2), Idaho Code:
(1) For an acknowledgment in an individual capacity:
State of ______________________
County of _____________________
This record was acknowledged before me on _____ by ____________________
Date Name(s) of individual(s)
__________________________________
Signature of notary public
(Stamp)
My commission expires: _________
(2) For an acknowledgment in a representative capacity:
State of ______________________
County of _____________________
This record was acknowledged before me on ______ by ____________________
Date Name(s) of individual(s)
as (type of authority, such as officer or trustee) of (name of party on behalf of whom record was executed)
__________________________________
Signature of notary public
(Stamp)
My commission expires: _________
(3) For a verification on oath or affirmation:
State of ______________________
County of _____________________
Signed and sworn to (or affirmed) before me
on ________ by ____________________
Date Name(s) of individual(s) making statement
__________________________________
Signature of notary public
(Stamp)
My commission expires: _________
(4) For witnessing or attesting a signature:
State of ______________________
County of _____________________
Signed (or attested) before me on ________ by ____________________
Date Name(s) of individual(s)
__________________________________
Signature of notary public
(Stamp)
My commission expires: _________
(5) For certifying a copy of a record:
State of ______________________
County of _____________________
I certify that this is a true and correct copy of a record in the possession
of _______________________________
Dated ____________________________
__________________________________
Signature of notary public
(Stamp)
My commission expires: _________
(6) If the notarial act is performed on behalf of a remotely located individual and utilizing communication technology under section 51-114A, Idaho Code, the certificates in this section shall include a statement substantially as follows: "This notarial act involved the use of communication technology."
History:
[51-116, added 2017, ch. 192, sec. 3, p. 446; am. 2019, ch. 160, sec. 5, p. 523.]
2023 Idaho Code › Title 51 - NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS › Chapter 1 - REVISED UNIFORM LAW ON NOTARIAL ACTS (2018) › Section 51-117 - OFFICIAL STAMP.

51-117. OFFICIAL STAMP. The official stamp of a notary public:
(1) Must include the notary public’s name, the words "Notary Public," the words "State of Idaho," and the notary’s state-issued commission number;
(2) Must include a serrated or milled-edge border in a rectangular or circular form;
(3) May include the words "my commission expires:" followed by the notary’s current commission expiration date;
(4) Must be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated; and
(5) May not include anything more than that which is allowed in subsections (1) through (3) of this section.
History:
[51-117, added 2017, ch. 192, sec. 6, p. 453; am. 2018, ch. 77, sec. 1, p. 174.]
2023 Idaho Code › Title 51 - NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS › Chapter 1 - REVISED UNIFORM LAW ON NOTARIAL ACTS (2018) › Section 51-118 - STAMPING DEVICE.

51-118. STAMPING DEVICE. (1) The stamping device for tangible records must be an inked stamp that provides an image of the notary’s official stamp that meets the requirements of section 51-117, Idaho Code, and that is readily visible upon copying. The stamp shall not exceed two and one-fourth (2.25) inches by one (1) inch if rectangular or one and three-fourths (1.75) inches in diameter if circular.
(2) The stamping device for electronic records must be an electronic device or process that provides an image of the notary’s official stamp that meets the requirements of section 51-117, Idaho Code, and that is readily visible upon copying.
(3) A notary public is responsible for the security of the notary public’s stamping device and may not allow another individual to use the device to perform a notarial act. On resignation from, or the revocation or expiration of, the notary public’s commission, the notary public shall disable the stamping device by destroying, defacing, damaging, erasing or securing it against use in a manner that renders it unusable. On the death or adjudication of incompetency of a notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of the stamping device shall render it unusable by destroying, defacing, damaging, erasing or securing it against use in a manner that renders it unusable.
(4) If a notary public’s stamping device is lost or stolen, the notary public or the notary public’s personal representative or guardian shall promptly notify the commissioning officer or agency on discovering that the device is lost or stolen.
History:
[51-118, added 2017, ch. 192, sec. 7, p. 453; am. 2018, ch. 77, sec. 2, p. 174.]
2023 Idaho Code › Title 51 - NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS › Chapter 1 - REVISED UNIFORM LAW ON NOTARIAL ACTS (2018) › Section 51-120 - NOTIFICATION REGARDING PERFORMANCE OF NOTARIAL ACT ON ELECTRONIC RECORD — SELECTION OF TECHNOLOGY — ACCEPTANCE OF TANGIBLE COPY OF ELECTRONIC RECORD.

51-120. NOTIFICATION REGARDING PERFORMANCE OF NOTARIAL ACT ON ELECTRONIC RECORD — SELECTION OF TECHNOLOGY — ACCEPTANCE OF TANGIBLE COPY OF ELECTRONIC RECORD. (1) A notary public may select one (1) or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected.
(2) Before a notary public performs the notary public’s initial notarial act with respect to an electronic record, a notary public shall notify the secretary of state that the notary public will be performing notarial acts with respect to electronic records and identify the technology the notary public intends to use. If the secretary of state has established standards for approval of technology pursuant to section 51-127, Idaho Code, the technology must conform to the standards. If the technology conforms to the standards, the secretary of state shall approve the use of the technology.
(3) A recorder shall accept for recording a tangible copy of an electronic record containing a notarial certificate as satisfying any requirement that a record accepted for recording be an original, if the notarial officer executing the notarial certificate certifies that the tangible copy is an accurate copy of the electronic record.
History:
[51-120, added 2017, ch. 192, sec. 3, p. 449; am. 2019, ch. 160, sec. 6, p. 525.]
2023 Idaho Code › Title 51 - NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS › Chapter 1 - REVISED UNIFORM LAW ON NOTARIAL ACTS (2018) › Section 51-121 - COMMISSION AS NOTARY PUBLIC — QUALIFICATIONS — NO IMMUNITY OR BENEFIT — REAPPOINTMENT.

51-121. COMMISSION AS NOTARY PUBLIC — QUALIFICATIONS — NO IMMUNITY OR BENEFIT — REAPPOINTMENT. (1) An individual qualified under subsection (2) of this section may make application to the secretary of state for a commission as a notary public. The application shall be in a form and manner prescribed by the secretary of state and shall include an oath of office to be taken by the applicant. The applicant shall comply with and provide the information required by the secretary of state and pay any application fee.
(2) An applicant for a commission as a notary public must:
(a) Be at least eighteen (18) years of age;
(b) Be a citizen or permanent legal resident of the United States;
(c) Be a resident of or have a place of employment or place of practice in this state; and
(d) Be able to read and write.
(3) At the time of submitting the application, the applicant for a commission shall submit to the secretary of state an assurance in the form of a surety bond or its functional equivalent in the amount of ten thousand dollars ($10,000).
(a) The assurance must be issued by:
(i) A surety or other entity licensed or authorized to do business in this state; or
(ii) The risk management office in the department of administration for the state of Idaho if the applicant is regularly employed by the state and the commission is required in the scope of that employment.
(b) The assurance must cover acts performed during the term of the notary public’s commission and must be in the form prescribed by the secretary of state. If a notary public violates law with respect to notaries public in this state, the surety or issuing entity is liable under the assurance. The surety or issuing entity shall give thirty (30) days’ notice to the secretary of state before canceling the assurance. The surety or issuing entity shall notify the secretary of state no later than thirty (30) days after making a payment to a claimant under the assurance. A notary public may perform notarial acts in this state only during the period that a valid assurance is on file with the secretary of state.
(4) On compliance with this section, the secretary of state shall review and may issue a commission as a notary public to an applicant for a term of six (6) years or may deny the application pursuant to section 51-123, Idaho Code.
(5) A commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by law of this state on public officials or employees.
(6) A notary public may be reappointed upon submission of a new application no earlier than ninety (90) days prior to the expiration of his term.
History:
[51-121, added 2017, ch. 192, sec. 3, p. 449; am. 2018, ch. 77, sec. 3, p. 175.]
2023 Idaho Code › Title 51 - NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS › Chapter 1 - REVISED UNIFORM LAW ON NOTARIAL ACTS (2018) › Section 51-122 - COURSE OF STUDY.

51-122. COURSE OF STUDY. The secretary of state or an entity approved by the secretary of state shall offer regularly a course of study to applicants who do not hold commissions as notaries public in this state. The course must cover the laws, rules, procedures and ethics relevant to notarial acts.
History:
[51-122, added 2017, ch. 192, sec. 3, p. 450.]
2023 Idaho Code › Title 51 - NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS › Chapter 1 - REVISED UNIFORM LAW ON NOTARIAL ACTS (2018) › Section 51-123 - GROUNDS TO DENY, REVOKE, SUSPEND OR CONDITION COMMISSION OF NOTARY PUBLIC.

51-123. GROUNDS TO DENY, REVOKE, SUSPEND OR CONDITION COMMISSION OF NOTARY PUBLIC. (1) The secretary of state may deny, revoke, suspend or impose a condition on a commission as notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence or reliability to act as a notary public, including:
(a) Failure to comply with the provisions of this chapter;
(b) A fraudulent, dishonest or deceitful misstatement or omission in the application for a commission as a notary public submitted to the secretary of state;
(c) A conviction of the applicant or notary public of any felony or a crime involving fraud, dishonesty or deceit;
(d) A finding against, or admission of liability by, the applicant or notary public in any legal proceeding or disciplinary action based on the applicant’s or notary public’s fraud, dishonesty or deceit;
(e) Failure by the notary public to discharge any duty required of a notary public, whether by this chapter, rules of the secretary of state or any federal or state law;
(f) Use of false or misleading advertising or representation by the notary public representing that the notary has a duty, right or privilege that the notary does not have;
(g) Violation by the notary public of a rule of the secretary of state regarding a notary public;
(h) Denial, revocation, suspension of, or placing a condition on a notary public commission in another state; or
(i) Failure of the notary public to maintain an assurance as provided in section 51-121, Idaho Code.
(2) If the secretary of state denies, revokes, suspends or imposes conditions on a commission as a notary public, the applicant or notary public is entitled to timely notice and hearing in accordance with chapter 52, title 67, Idaho Code.
(3) The authority of the secretary of state to deny, suspend, revoke or impose conditions on a commission as a notary public does not prevent a person from seeking and obtaining other criminal or civil remedies provided by law.
History:
[51-123, added 2017, ch. 192, sec. 3, p. 450; am. 2018, ch. 77, sec. 4, p. 176.]
2023 Idaho Code › Title 51 - NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS › Chapter 1 - REVISED UNIFORM LAW ON NOTARIAL ACTS (2018) › Section 51-124 - DATABASE OF NOTARIES PUBLIC.

51-124. DATABASE OF NOTARIES PUBLIC. The secretary of state shall maintain an electronic database of notaries public:
(1) Through which a person may verify the authority of a notary public to perform notarial acts; and
(2) That indicates whether a notary public has notified the secretary of state that the notary public will be performing notarial acts on electronic records.
History:
[51-124, added 2017, ch. 192, sec. 3, p. 450.]
2023 Idaho Code › Title 51 - NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS › Chapter 1 - REVISED UNIFORM LAW ON NOTARIAL ACTS (2018) › Section 51-125 - PROHIBITED ACTS.

51-125. PROHIBITED ACTS. (1) A commission as a notary public does not authorize an individual to:
(a) Assist persons in drafting legal records, give legal advice or otherwise practice law;
(b) Act as an immigration consultant or an expert on immigration matters;
(c) Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship or related matters; or
(d) Receive compensation for performing any of the activities listed in this subsection.
(2) A notary public may not engage in false or deceptive advertising.
(3) A notary public, other than an attorney licensed to practice law in this state, may not use the term "notario" or "notario publico."
(4) A notary public, other than an attorney licensed to practice law in this state, may not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice or otherwise practice law. If a notary public who is not an attorney licensed to practice law in this state in any manner advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media and the internet, the notary public shall include the following statement, or an alternate statement authorized or required by the secretary of state, in the advertisement or representation, prominently and in each language used in the advertisement or representation: "I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities." If the form of advertisement or representation is not broadcast media, print media or the internet and does not permit inclusion of the statement required by this subsection because of size, it must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed.
(5) Except as otherwise allowed by law, a notary public may not withhold access to or possession of an original record provided by a person who seeks performance of a notarial act by the notary public.
History:
[51-125, added 2017, ch. 192, sec. 3, p. 451.]
2023 Idaho Code › Title 51 - NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS › Chapter 1 - REVISED UNIFORM LAW ON NOTARIAL ACTS (2018) › Section 51-126 - VALIDITY OF NOTARIAL ACTS.

51-126. VALIDITY OF NOTARIAL ACTS. Except as otherwise provided in section 51-104(2), Idaho Code, the failure of a notary public to perform a duty or meet a requirement specified in this chapter does not invalidate a notarial act performed by the notary public. The validity of a notarial act under this chapter does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on law of this state other than this chapter or law of the United States. This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts.
History:
[51-126, added 2017, ch. 192, sec. 3, p. 451.]
2023 Idaho Code › Title 51 - NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS › Chapter 1 - REVISED UNIFORM LAW ON NOTARIAL ACTS (2018) › Section 51-127 - RULES.

51-127. RULES. (1) The secretary of state may adopt rules to implement this chapter. Rules adopted regarding the performance of notarial acts with respect to electronic records may not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification. The rules may include but are not limited to the following:
(a) Prescribing the manner of performing notarial acts regarding tangible and electronic records;
(b) Including provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident;
(c) Including provisions to ensure integrity in the creation, transmittal, storage or authentication of electronic records or signatures;
(d) Prescribing the process of granting, renewing, conditioning, denying, suspending or revoking a notary public commission and assuring the trustworthiness of an individual holding a commission as notary public;
(e) Including provisions to prevent fraud or mistake in the performance of notarial acts;
(f) Establishing the process for approving and accepting surety bonds and other forms of assurance under section 51-121, Idaho Code; and
(g) Providing for the course of study under section 51-122, Idaho Code.
(2) In adopting, amending or repealing rules about notarial acts with respect to electronic records, the secretary of state may consider, as far as is consistent with the provisions of this chapter:
(a) The most recent standards regarding electronic records promulgated by national bodies, such as the national association of secretaries of state;
(b) Standards, practices and customs of other jurisdictions that substantially enact this chapter; and
(c) The views of governmental officials and entities and other interested persons.
History:
[51-127, added 2017, ch. 192, sec. 3, p. 451; am. 2018, ch. 77, sec. 5, p. 176.]
2023 Idaho Code › Title 51 - NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS › Chapter 1 - REVISED UNIFORM LAW ON NOTARIAL ACTS (2018) › Section 51-128 - NOTARY PUBLIC COMMISSION IN EFFECT.

51-128. NOTARY PUBLIC COMMISSION IN EFFECT. A commission as a notary public in effect on the effective date of this act continues until its date of expiration. A notary public who applies to renew a commission as a notary public on or after the effective date of this act is subject to and shall comply with the provisions of this chapter. A notary public, in performing notarial acts after the effective date of this act, shall comply with the provisions of this chapter.
History:
[51-128, added 2017, ch. 192, sec. 3, p. 452.]
2023 Idaho Code › Title 51 - NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS › Chapter 1 - REVISED UNIFORM LAW ON NOTARIAL ACTS (2018) › Section 51-129 - SAVINGS CLAUSE.

51-129. SAVINGS CLAUSE. This chapter does not affect the validity or effect of a notarial act performed before the effective date of this act.
History:
[51-129, added 2017, ch. 192, sec. 3, p. 452.]
2023 Idaho Code › Title 51 - NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS › Chapter 1 - REVISED UNIFORM LAW ON NOTARIAL ACTS (2018) › Section 51-130 - UNIFORMITY OF APPLICATION AND CONSTRUCTION.

51-130. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History:
[51-130, added 2017, ch. 192, sec. 3, p. 452.]
2023 Idaho Code › Title 51 - NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS › Chapter 1 - REVISED UNIFORM LAW ON NOTARIAL ACTS (2018) › Section 51-131 - RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.

51-131. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. This chapter modifies, limits or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. 7001 et seq., but does not modify, limit or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. 7003(b).
History:
[51-131, added 2017, ch. 192, sec. 3, p. 452.]
2023 Idaho Code › Title 51 - NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS › Chapter 1 - REVISED UNIFORM LAW ON NOTARIAL ACTS (2018) › Section 51-132 - FILING FEES.

51-132. FILING FEES. (1) The fee for filing an application for appointment as a notary public shall be thirty dollars ($30.00).
(2) The fee for filing an application for electronic notarization authorization shall be twenty dollars ($20.00).
(3) There shall be no fee charged for filing a letter of resignation, a certified copy of a judgment of conviction, a certified copy of findings of fact or extract therefrom, public record of proof of material misstatement of fact in an application, certified copy of an order adjudging incompetency, or notice of death.
(4) The fee for filing notice of change of name or address shall be five dollars ($5.00).
(5) The fee for filing notice of cancellation of a notary bond shall be five dollars ($5.00).
(6) The fee for a notary public database extraction shall be twenty-five dollars ($25.00).
(7) The fee for a certified copy of a notary public record shall be ten dollars ($10.00) plus twenty-five cents (25¢) per page.
History:
[51-132, added 2017, ch. 192, sec. 3, p. 452.]
2023 Idaho Code › Title 51 - NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS › Chapter 1 - REVISED UNIFORM LAW ON NOTARIAL ACTS (2018) › Section 51-133 - NOTARY FEE.

51-133. NOTARY FEE. (1) A notary public may, for any notarial act, charge a fee not to exceed five dollars ($5.00).
(2) In addition to the fee, a notary public may be compensated for actual and reasonable expense of travel to a place where the notarial act is to be performed.
(3) An employer shall not require a notary public in his employment to surrender a fee, if charged, or any part thereof to the employer. An employer may, however, preclude such notary public from charging a fee for a notarial act performed in the scope of the notary public’s employment.
History:
[51-133, added 2017, ch. 192, sec. 3, p. 453.]
2023 Idaho Code › Title 52 - NUISANCES › Chapter 1 - NUISANCES IN GENERAL › Section 52-101 - NUISANCE DEFINED.

52-101. NUISANCE DEFINED. Anything which is injurious to health or morals, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, stream, canal, or basin, or any public park, square, street, or highway, is a nuisance.
History:
[52-101, added 1976, ch. 82, sec. 2, p. 271.]
2023 Idaho Code › Title 52 - NUISANCES › Chapter 1 - NUISANCES IN GENERAL › Section 52-102 - PUBLIC NUISANCE.

52-102. PUBLIC NUISANCE. A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.
History:
[52-102, added 1976, ch. 82, sec. 2, p. 271.]
2023 Idaho Code › Title 52 - NUISANCES › Chapter 1 - NUISANCES IN GENERAL › Section 52-103 - MORAL NUISANCES — DEFINITIONS.

52-103. MORAL NUISANCES — DEFINITIONS. As used in title 52, Idaho Code, relating to moral nuisances.
(A) "Knowledge" or "knowledge of such nuisance" means having knowledge of the contents and character of the patently offensive sexual conduct which appears in the lewd matter, or knowledge of the acts of lewdness, assignation, or prostitution which occur on the premises.
(B) "Lewd matter" is synonymous with "obscene matter" and means any matter:
(1) which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest; and
(2) which depicts or describes patently offensive representations or descriptions of:
(a) ultimate sexual acts, normal or perverted, actual or simulated; or
(b) masturbation, excretory functions, or lewd exhibition of the genitals or genital area.
Nothing herein contained is intended to include or proscribe any matter which, when considered as a whole, and in the context in which it is used, possesses serious literary, artistic, political or scientific value.
(C) "Lewdness" shall have and include all those meanings which are assigned to it under the common law.
(D) "Matter" means a motion picture film or a publication or both.
(E) "Moral Nuisance" means a nuisance which is injurious to public morals.
(F) "Motion picture film" shall include any:
(1) film or plate negative;
(2) film or plate positive;
(3) film designed to be projected on a screen for exhibition;
(4) films, glass slides or transparencies, either in negative or positive form, designed for exhibition by projection on a screen.[;]
(5) video tape or any other medium used to electronically reproduce images on a screen.
(G) "Person" means any individual, partnership, firm, association, corporation, or other legal entity.
(H) "Place" includes, but is not limited to, any building, structure or places, or any separate part or portion thereof, whether permanent or not, or the ground itself.
(I) "Publication" shall include any book, magazine, article, pamphlet, writing, printing, illustration, picture, sound recording, or a motion picture film which is offered for sale or exhibited in a coin-operated machine.
(J) "Sale" means a passing of title or right of possession from a seller to a buyer for valuable consideration, and shall include, but is not limited to, any lease or rental arrangement or other transaction wherein or whereby any valuable consideration is received for the use of, or transfer or possession of, lewd matter.
History:
[52-103, added 1976, ch. 82, sec. 2, p. 272.]
2023 Idaho Code › Title 52 - NUISANCES › Chapter 1 - NUISANCES IN GENERAL › Section 52-104 - MORAL NUISANCES — TYPES.

52-104. MORAL NUISANCES — TYPES. The following are declared to be moral nuisances:
(A) Any and every place in the state where lewd films are publicly exhibited as a regular course of business, or possessed for the purpose of such exhibition;
(B) Any and every place in the state where a lewd film is publicly and repeatedly exhibited, or possessed for the purpose of such exhibition;
(C) Any and every lewd film which is publicly exhibited, or possessed for such purpose at a place which is a moral nuisance under this section;
(D) Any and every place of business in the state in which lewd publications constitute a principal part of the stock in trade;
(E) Any and every lewd publication possessed at a place which is a moral nuisance under this section; and
(F) Every place which, as a regular course of business, is used for the purposes of lewdness, assignation, or prostitution, and every such place in or upon which acts of lewdness, assignation, or prostitution, are held or occur.
History:
[52-104, added 1976, ch. 82, sec. 2, p. 273.]
2023 Idaho Code › Title 52 - NUISANCES › Chapter 1 - NUISANCES IN GENERAL › Section 52-105 - MORAL NUISANCES — PERSONAL PROPERTY — KNOWLEDGE OF NUISANCE.

52-105. MORAL NUISANCES — PERSONAL PROPERTY — KNOWLEDGE OF NUISANCE. The following are also declared to be moral nuisances, as personal property used in conducting and maintaining a moral nuisance:
(A) All monies paid as admission price to the exhibition of any lewd film found to be a moral nuisance.
(B) All valuable consideration received for the sale of any lewd publication which is found to be a moral nuisance.
(C) The furniture and movable contents of a place which is a moral nuisance.
From and after service of a copy of the notice of hearing of the application for a preliminary injunction, provided for in section 52-405, Idaho Code, upon the place, or its manager, or acting manager, or person then in charge, all such parties are deemed to have knowledge of the acts, conditions or things which make such place a moral nuisance. Where the circumstantial proof warrants a determination that a person had knowledge of the moral nuisance prior to such service of process, the court shall make such finding.
History:
[52-105, added 1976, ch. 82, sec. 2, p. 273.]
2023 Idaho Code › Title 52 - NUISANCES › Chapter 1 - NUISANCES IN GENERAL › Section 52-106 - MORAL NUISANCES — BUILDING WHERE GAMBLING IS CARRIED ON.

52-106. MORAL NUISANCES — BUILDING WHERE GAMBLING IS CARRIED ON. Any building, place, or the ground itself, wherein or whereon gambling or any game of chance for money, checks, credit or other representatives of value is carried on or takes place, or gambling paraphernalia is kept, or any notice, sign or device advertising or indicating the existence or presence of such gambling or any game of chance is displayed or exposed to view, is declared a moral nuisance and shall be enjoined and abated as provided by law.
History:
[52-106, added 1976, ch. 82, sec. 2, p. 274.]
2023 Idaho Code › Title 52 - NUISANCES › Chapter 1 - NUISANCES IN GENERAL › Section 52-107 - PRIVATE NUISANCE.

52-107. PRIVATE NUISANCE. Every nuisance not defined by law as a public nuisance or a moral nuisance, is private.
History:
[52-107, added 1976, ch. 82, sec. 2, p. 274.]
2023 Idaho Code › Title 52 - NUISANCES › Chapter 1 - NUISANCES IN GENERAL › Section 52-108 - WHEN NOT A NUISANCE.

52-108. WHEN NOT A NUISANCE. Nothing which is done or maintained under the express authority of a statute can be deemed a nuisance.
History:
[52-108, added 1976, ch. 82, sec. 2, p. 274.]
2023 Idaho Code › Title 52 - NUISANCES › Chapter 1 - NUISANCES IN GENERAL › Section 52-109 - LIABILITY OF SUCCESSIVE OWNERS FOR CONTINUING NUISANCE.

52-109. LIABILITY OF SUCCESSIVE OWNERS FOR CONTINUING NUISANCE. Every successive owner of property who neglects to abate a continuing nuisance upon, or in the use of such property, created by a former owner, is liable therefor in the same manner as the one who first created it.
History:
[52-109, added 1976, ch.82, sec. 2, p. 274.]
2023 Idaho Code › Title 52 - NUISANCES › Chapter 1 - NUISANCES IN GENERAL › Section 52-110 - ABATEMENT DOES NOT PRECLUDE ACTION.

52-110. ABATEMENT DOES NOT PRECLUDE ACTION. The abatement of a nuisance does not prejudice the right of any person to recover damages for its past existence.
History:
[52-110, added 1976, ch. 82, sec. 2, p. 274.]
2023 Idaho Code › Title 52 - NUISANCES › Chapter 1 - NUISANCES IN GENERAL › Section 52-111 - ACTIONS FOR NUISANCE.

52-111. ACTIONS FOR NUISANCE. Anything which is injurious to health or morals, or indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance and the subject of an action. In the case of a moral nuisance, the action may be brought by any resident citizen of the county; in all other cases the action may be brought by any person whose property is injuriously affected, or whose personal enjoyment is lessened by the nuisance; and by the judgment the nuisance may be enjoined or abated, as well as damages recovered.
History:
[52-111, added 1976, ch. 82, sec. 2, p. 274.]
2023 Idaho Code › Title 52 - NUISANCES › Chapter 2 - PUBLIC NUISANCES › Section 52-201 - NOT LEGALIZED BY PRESCRIPTION.

52-201. NOT LEGALIZED BY PRESCRIPTION. No lapse of time can legalize a public nuisance, amounting to an actual obstruction of public right.
History:
[(52-201) R.S., sec. 3630; reen. R.C. & C.L., sec. 3662; C.S., sec. 6430; I.C.A., sec. 51-201.]
2023 Idaho Code › Title 52 - NUISANCES › Chapter 2 - PUBLIC NUISANCES › Section 52-202 - REMEDIES.

52-202. REMEDIES. The remedies against a public nuisance are:
1. Indictment or information;
2. A civil action; or,
3. Abatement.
History:
[(52-202) R.S., sec. 3631; compiled R.C. & C.L., sec. 3663; C.S., sec. 6431; I.C.A., sec. 51-202.]
2023 Idaho Code › Title 52 - NUISANCES › Chapter 2 - PUBLIC NUISANCES › Section 52-203 - INDICTMENT OR INFORMATION.

52-203. INDICTMENT OR INFORMATION. The remedy by indictment or information is regulated by the Penal Code.
History:
[(52-203) R.S., sec. 3632; reen. R.C. & C.L., sec. 3664; C.S., sec. 6432; I.C.A., sec. 51-203.]
2023 Idaho Code › Title 52 - NUISANCES › Chapter 2 - PUBLIC NUISANCES › Section 52-204 - ACTION BY PRIVATE PERSON.

52-204. ACTION BY PRIVATE PERSON. A private person may maintain an action:
1. For a moral nuisance, if he be a resident citizen of the county, whether the nuisance complained of is specially injurious to him or not.
2. For any other public nuisance, if it is specially injurious to himself.
History:
[(52-204) R.S., sec. 3633; reen. R.C., sec. 3665; am. 1915, ch. 43, sec. 4, p. 125; reen. C.L., sec. 3665; C.S., sec. 6433; I.C.A., sec. 51-204.]
2023 Idaho Code › Title 52 - NUISANCES › Chapter 2 - PUBLIC NUISANCES › Section 52-205 - ABATEMENT BY PUBLIC BODY OR OFFICER.

52-205. ABATEMENT BY PUBLIC BODY OR OFFICER. A public nuisance may be abated by any public body or officer authorized thereto by law.
History:
[(52-205) R.S., sec. 3634; reen. R.C. & C.L., sec. 3666; C.S., sec. 6434; I.C.A., sec. 51-205.]
2023 Idaho Code › Title 52 - NUISANCES › Chapter 2 - PUBLIC NUISANCES › Section 52-206 - ABATEMENT BY PRIVATE PERSON.

52-206. ABATEMENT BY PRIVATE PERSON. Any person may abate a public nuisance which is specially injurious to him, by removing, or if necessary, destroying, the thing which constitutes the same, without committing a breach of the peace, or doing unnecessary injury.
History:
[(52-206) R.S., sec. 3635; reen. R.C. & C.L., sec. 3667; C.S., sec. 6435; I.C.A., sec. 51-206.]
2023 Idaho Code › Title 52 - NUISANCES › Chapter 3 - PRIVATE NUISANCES › Section 52-301 - REMEDIES FOR PRIVATE NUISANCES.

52-301. REMEDIES FOR PRIVATE NUISANCES. The remedies against a private nuisance are:
1. A civil action; or,
2. Abatement.
History:
[(52-301) R.S., sec. 3640; reen. R.C. & C.L., sec. 3668; C.S., sec. 6436; I.C.A., sec. 51-301.]
2023 Idaho Code › Title 52 - NUISANCES › Chapter 3 - PRIVATE NUISANCES › Section 52-302 - ABATEMENT — WHEN ALLOWED.

52-302. ABATEMENT — WHEN ALLOWED. A person injured by a private nuisance may abate it by removing, or, if necessary, destroying, the thing which constitutes the nuisance, without committing a breach of the peace, or doing unnecessary injury.
History:
[(52-302) R.S., sec. 3641; reen. R.C. & C.L., sec. 3669; C.S., sec. 6437; I.C.A., sec. 51-302.]
2023 Idaho Code › Title 52 - NUISANCES › Chapter 3 - PRIVATE NUISANCES › Section 52-303 - ABATEMENT — WHEN NOTICE IS REQUIRED.

52-303. ABATEMENT — WHEN NOTICE IS REQUIRED. Where a private nuisance results from a mere omission of the wrongdoer, and cannot be abated without entering upon his land, reasonable notice must be given to him before entering to abate it.
History:
[(52-303) R.S., sec. 3642; reen. R.C. & C.L., sec. 3670; C.S., sec. 6438; I.C.A., sec. 51-303.]
2023 Idaho Code › Title 52 - NUISANCES › Chapter 4 - MORAL NUISANCES — ACTION FOR INJUNCTION AND ABATEMENT › Section 52-401 - CUMULATIVE REMEDY.

52-401. CUMULATIVE REMEDY. In addition to any other remedy provided by law, any act, occupation, structure or thing which is a moral nuisance, may be abated, and the person doing such act or engaged in such occupation, and the owner and agent of the owner of any such structure or thing may be enjoined, as in this chapter provided.
History:
[(52-401) 1976, ch. 82, sec. 4, p. 275.]
2023 Idaho Code › Title 52 - NUISANCES › Chapter 4 - MORAL NUISANCES — ACTION FOR INJUNCTION AND ABATEMENT › Section 52-402 - WHO MAY MAINTAIN ACTION.

52-402. WHO MAY MAINTAIN ACTION. The attorney general, prosecuting attorney, or any private resident citizen of the county may maintain an action of an equitable nature, as relator, in the name of the state of Idaho, to abate a moral nuisance, perpetually to enjoin all persons from maintaining the same, and to enjoin the use of any structure or thing adjudged to be a moral nuisance.
If such action is instituted by a private person, the complainant shall execute a bond prior to the issuance of a restraining order or a temporary injunction, with good and sufficient surety to be approved by the court or clerk thereof, in the sum of not less than five hundred dollars ($500), to secure to the party enjoined the damages he may sustain if such action is wrongfully brought, not prosecuted to final judgment, or is dismissed, or is not maintained, or if it is finally decided that the restraining order or temporary injunction ought not to have been granted. The party enjoined shall have recourse against said bond for all damages suffered, including damages to his property, person, or character and including reasonable attorney’s fees incurred by him in making defense to said action. No bond shall be required of the prosecuting attorney or the attorney general, and no action shall be maintained against the public official for his official action when brought in good faith.
History:
[52-402, added 1976, ch. 82, sec. 4, p. 275.]
2023 Idaho Code › Title 52 - NUISANCES › Chapter 4 - MORAL NUISANCES — ACTION FOR INJUNCTION AND ABATEMENT › Section 52-403 - PLEADINGS — JURISDICTION — VENUE — APPLICATION FOR TEMPORARY INJUNCTION.

52-403. PLEADINGS — JURISDICTION — VENUE — APPLICATION FOR TEMPORARY INJUNCTION. The action, provided for in this chapter, shall be brought in any court of competent jurisdiction in the county in which the property is located. Such action shall be commenced by the filing of a verified complaint alleging the facts constituting the nuisance. After the filing of said complaint, application for a temporary injunction may be made to the court in which the action is filed, or to a judge thereof, who shall grant a hearing within ten (10) days after the filing.
History:
[52-403, added 1976, ch. 82, sec. 4, p. 275.]
2023 Idaho Code › Title 52 - NUISANCES › Chapter 4 - MORAL NUISANCES — ACTION FOR INJUNCTION AND ABATEMENT › Section 52-404 - ORDER RESTRAINING REMOVAL OF PERSONAL PROPERTY FROM PREMISES — SERVICE — PUNISHMENT.

52-404. ORDER RESTRAINING REMOVAL OF PERSONAL PROPERTY FROM PREMISES — SERVICE — PUNISHMENT. Where such application for a temporary injunction is made, the court may, on application of the complainant showing good cause, issue an ex parte restraining order, restraining the defendant and all other persons from removing or in any manner interfering with the personal property and contents of the place where such nuisance is alleged to exist, until the decision of the court or judge granting or refusing such temporary injunction and until the further order of the court thereon, except that, pending such decision, the stock in trade may not be so restrained, but an inventory and full accounting of all business transactions thereafter may be required.
The restraining order may be served by handing to and leaving a copy of such order with any person in charge of such place or residing therein, or by posting a copy thereof in a conspicuous place at or upon one or more of the principal doors or entrances to such place, or by both such delivery and posting. The officer serving such restraining order shall forthwith make and return into court an inventory of the personal property and contents situated in and used in conducting or maintaining such nuisance.
Any violation of such restraining order is a contempt of court, and where such order is posted, mutilation or removal thereof, while the same remains in force, is a contempt of court, provided such posted order contains therein a notice to that effect.
History:
[52-404, added 1976, ch. 82, sec. 4, p. 276.]
2023 Idaho Code › Title 52 - NUISANCES › Chapter 4 - MORAL NUISANCES — ACTION FOR INJUNCTION AND ABATEMENT › Section 52-405 - NOTICE OF HEARING ON TEMPORARY INJUNCTION — CONSOLIDATION.

52-405. NOTICE OF HEARING ON TEMPORARY INJUNCTION — CONSOLIDATION. A copy of the complaint, together with a notice of the time and place of the hearing of the application for a temporary injunction, shall be served upon the defendant at least five (5) days before such hearing. The place may also be served by posting such papers in the same manner as is provided for in section 52-404, Idaho Code, in the case of a restraining order. If the hearing is then continued at the instance of any defendant, the temporary writ as prayed shall be granted as a matter of course.
Before or after the commencement of the hearing of an application for a temporary injunction, the court, on application of either of the parties or on its own motion, may order the trial of the action on the merits to be advanced and consolidated with the hearing on the application for the temporary injunction. Any evidence received upon an application for a temporary injunction which would be admissible upon the trial on the merits becomes a part of the record of the trial and need not be repeated as to such parties at the trial on the merits.
History:
[52-405, added 1976, ch. 82, sec. 4, p. 276.]
2023 Idaho Code › Title 52 - NUISANCES › Chapter 4 - MORAL NUISANCES — ACTION FOR INJUNCTION AND ABATEMENT › Section 52-406 - RIGHT TO POSSESSION OF REAL PROPERTY AND PERSONAL PROPERTY AFTER HEARING ON THE TEMPORARY INJUNCTION — CONDITIONS FOR AVOIDANCE OF TEMPORARY FORFEITURE.

52-406. RIGHT TO POSSESSION OF REAL PROPERTY AND PERSONAL PROPERTY AFTER HEARING ON THE TEMPORARY INJUNCTION — CONDITIONS FOR AVOIDANCE OF TEMPORARY FORFEITURE. If upon hearing, the allegations of the complaint are sustained by clear and convincing evidence that a moral nuisance exists and is likely to continue in the absence of injunctive relief, the court shall issue a temporary injunction, without additional bond, restraining the defendant and any other person from continuing the nuisance.
If at the time the temporary injunction is granted, it further appears that the person owning, in control, or in charge of the nuisance so enjoined had received five (5) days’ notice of the hearing, then the court shall declare a temporary forfeiture of the use of the real property upon which such public nuisance is located and the personal property located therein and shall forthwith issue an order closing such place against its use for any purpose until final decision is rendered on the application for a permanent injunction, unless:
(1) the nuisance complained of has been abated by such person, or
(2) the owner of such property, as a "good faith" lessor, has taken action to void said lease as is authorized by section 52-414, Idaho Code.
Such order shall also continue in effect for such further period the order, authorized in section 52-404, Idaho Code, restraining the removal of personal property or, if not so issued, shall include such an order restraining for such period the removal or interference with the personal property and contents located therein. Such restraining order shall be served and the inventory of such property shall be made and filed as provided for in section 52-404, Idaho Code.
Such order shall also require such persons to show cause within thirty (30) days why such closing order should not be made permanent, as provided for in section 52-412, Idaho Code.
History:
[52-406, added 1976, ch. 82, sec. 4, p. 277; am. 1982, ch. 271, sec. 1, p. 702.]
2023 Idaho Code › Title 52 - NUISANCES › Chapter 4 - MORAL NUISANCES — ACTION FOR INJUNCTION AND ABATEMENT › Section 52-407 - RIGHT TO POSSESSION OF REAL PROPERTY AND PERSONAL PROPERTY AFTER FINDING OF PUBLIC NUISANCE — CONDITIONS FOR REENTRY AND REPOSSESSION.

52-407. RIGHT TO POSSESSION OF REAL PROPERTY AND PERSONAL PROPERTY AFTER FINDING OF PUBLIC NUISANCE — CONDITIONS FOR REENTRY AND REPOSSESSION. The owner of any real or personal property to be closed or restrained, or which has been closed or restrained, may appear between the filing of the complaint and the hearing on the application for a permanent injunction, and upon payment of all cost incurred and upon the filing of a bond by the owner of the real property with sureties to be approved by the clerk in the full value of the property to be ascertained by the court, conditioned that such owner will immediately abate the nuisance and prevent the same from being established or kept, until the decision of the court is rendered on the application for a permanent injunction, then the court, if satisfied of the good faith of the owner of the real property and of the innocence on the part of any owner of the personal property of any knowledge of the use of such personal property as a nuisance and that, with reasonable care and diligence, such owner could not have known thereof shall, at the time of the hearing on the application for the temporary injunction, refrain from issuing any order closing such real property or restraining the removal or interference with such personal property, and, if such temporary injunction has already been issued, shall discharge said order and shall deliver such real or personal property, or both, to the respective owners thereof. The release of any real or personal property, under this section, shall not release it from any judgment, lien, penalty, or liability to which it may be subjected.
History:
[52-407, added 1976, ch. 82, sec. 4, p. 277.]
2023 Idaho Code › Title 52 - NUISANCES › Chapter 4 - MORAL NUISANCES — ACTION FOR INJUNCTION AND ABATEMENT › Section 52-408 - PRIORITY OF ACTION.

52-408. PRIORITY OF ACTION. The action provided for in this chapter shall be set down for trial within ninety (90) days and shall have precedence over all other cases except crimes, election contests, or injunctions.
History:
[52-408, added 1976, ch. 82, sec. 4, p. 278; am. 1982, ch. 271, sec. 2, p. 703.]