reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 40 - HOMICIDE › Section 18-4016 - DEFINITION OF HUMAN EMBRYO AND FETUS — PROHIBITING THE PROSECUTION OF CERTAIN PERSONS.

18-4016. DEFINITION OF HUMAN EMBRYO AND FETUS — PROHIBITING THE PROSECUTION OF CERTAIN PERSONS. (1) For purposes of this chapter "embryo" or "fetus" shall mean any human in utero.
(2) Nothing in this chapter, arising from the killing of an embryo or fetus, shall be construed to permit the prosecution:
(a) Of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law;
(b) Of any person for any medical treatment of the pregnant woman or her embryo or fetus; or
(c) Of any woman with respect to her embryo or fetus.
(3) Nothing in this chapter is intended to amend or nullify the provisions of chapter 6, title 18, Idaho Code.
History:
[18-4016, added 2002, ch. 330, sec. 3, p. 936; am. 2002, ch. 337, sec. 1, p. 953.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 41 - INDECENCY AND OBSCENITY › Section 18-4102 - AFFIRMATIVE DEFENSE.

18-4102. AFFIRMATIVE DEFENSE. It is not innocent but calculated purveyance which is prohibited. This act shall not apply to any persons who may possess or distribute obscene matter or participate in conduct otherwise proscribed by this act when such possession, distribution, or conduct occurs:
(A) within the scope of employment of law enforcement and judicial activities; or
(B) within the scope of employment of bona fide school, college, university, museum or public library activities or within the scope of employment of such an organization or a retail outlet affiliated with and serving the educational purposes of such an organization; or
(C) within the scope of employment as a moving picture machine operator, assistant operator, usher, or ticket taker in a motion picture theater in connection with a motion picture film or show exhibited in such theater, if such operator or assistant operator has no financial interest in the motion picture theater wherein he is so employed other than his wages received or owed, and such person consents to give testimony regarding such employment in all judicial proceedings brought under this act, when granted immunity by the trial judge; or
(D) under like circumstances of justification where the possession, distribution or conduct possesses serious literary, artistic, political or scientific value.
If this issue is not presented by the prosecution’s evidence, the defendant may raise the same as an affirmative defense by presenting some evidence thereon. Where raised, the prosecution must sustain the burden of proving the defendant guilty beyond a reasonable doubt as to that issue.
History:
[I.C., sec. 18-4102, as added by 1973, ch. 305, sec. 4, p. 655; am. 1976, ch. 81, sec. 2, p. 261.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 41 - INDECENCY AND OBSCENITY › Section 18-4103 - GENERAL SALE OR DISTRIBUTION, ETC., OF OBSCENE MATTER — PENALTY.

18-4103. GENERAL SALE OR DISTRIBUTION, ETC., OF OBSCENE MATTER — PENALTY. Every person in this state who knowingly: brings or causes to be brought into this state for sale or distribution; or in this state prepares for distribution, publishes, prints, exhibits, distributes, or offers to distribute; or has in his possession with intent to distribute, exhibit, or offer to distribute, any obscene matter is guilty of a misdemeanor. Each sale, distribution, etc., is a separate violation.
History:
[I.C., sec. 18-4103, as added by 1973, ch. 305, sec. 6, p. 655; am. 1976, ch. 81, sec. 3, p. 262.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 41 - INDECENCY AND OBSCENITY › Section 18-4103A - ADVERTISEMENT, PROMOTION OF SALE, ETC., OF MATTER REPRESENTED TO BE OBSCENE — PENALTY.

18-4103A. ADVERTISEMENT, PROMOTION OF SALE, ETC., OF MATTER REPRESENTED TO BE OBSCENE — PENALTY. Every person who writes, creates, or solicits the publication or distribution of advertising or other promotional material for, or who otherwise advertises or promotes the sale, distribution, or exhibition of matter represented or held out by him to be obscene, whether or not such matter exists in fact, or is obscene, is guilty of a misdemeanor.
History:
[18-4103A, added 1976, ch. 81, sec. 4, p. 262.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 41 - INDECENCY AND OBSCENITY › Section 18-4104 - PARTICIPATION IN, OR PRODUCTION OR PRESENTATION OF, OBSCENE LIVE CONDUCT IN PUBLIC PLACE — PENALTY.

18-4104. PARTICIPATION IN, OR PRODUCTION OR PRESENTATION OF, OBSCENE LIVE CONDUCT IN PUBLIC PLACE — PENALTY. (A) Every person who knowingly engages or participates in, manages, produces, sponsors, presents, or exhibits obscene live conduct to or before an assembly or audience consisting of at least one (1) person or spectator in any public place, or in any place exposed to public view, or in any place open to the public or to a segment thereof, whether or not an admission fee is charged, or whether or not attendance is conditioned upon the presentation of a membership card or other token, is guilty of a misdemeanor.
(B) Every person who procures, counsels, or assists any person to engage in such conduct, or who knowingly exhibits, or procures, counsels, or assists in the exhibition of a motion picture, television production, or other mechanical reproduction containing such conduct, is guilty of a misdemeanor.
History:
[I.C., sec. 18-4104, as added by 1973, ch. 305, sec. 7, p. 655; am. 1976, ch. 81, sec. 5, p. 263.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 41 - INDECENCY AND OBSCENITY › Section 18-4105 - PUBLIC DISPLAY OF OFFENSIVE SEXUAL MATERIAL — PENALTY.

18-4105. PUBLIC DISPLAY OF OFFENSIVE SEXUAL MATERIAL — PENALTY. Any person who knowingly exhibits or displays or permits to be exhibited or displayed any of the following in such a manner that such exhibit or display is easily visible from any street, sidewalk, thoroughfare, or other public area; or is visible from any transportation facility; or is visible from any residence when the person knows that the owner or occupant of such residence objects to such exhibit or display:
(a) Human genitals or pubic area without a full opaque covering, or any graphic or pictorial depiction thereof, or any depiction of covered male genitals in a discernibly erect state;
(b) An actual or simulated sex act, or sexual contact between humans and animals, or masturbation, or any graphic or pictorial display thereof; or
(c) Any depiction of sado-masochistic abuse, as defined in section 18-1514(5), Idaho Code, is guilty of a misdemeanor.
History:
[I.C., sec. 18-4105, as added by 1973, ch. 305, sec. 8, p. 655.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 41 - INDECENCY AND OBSCENITY › Section 18-4105A - REQUIRING PURCHASER OR CONSIGNEE TO RECEIVE OBSCENE MATTER AS CONDITION TO SALE, ETC. — PENALTY.

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.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 41 - INDECENCY AND OBSCENITY › Section 18-4106 - DISTRIBUTION TO MINORS — LAW GOVERNING.

18-4106. DISTRIBUTION TO MINORS — LAW GOVERNING. Notwithstanding any of the provisions of this act, the distribution of obscene matter to minors shall be governed by sections 18-1513 to 18-1521, Idaho Code.
History:
[I.C., sec. 18-4106, as added by 1973, ch. 305, sec. 9, p. 655.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 41 - INDECENCY AND OBSCENITY › Section 18-4107 - CONSPIRACY — PENALTY.

18-4107. CONSPIRACY — PENALTY. A conspiracy of two (2) or more persons to commit any of the crimes proscribed by this act is punishable as a felony. Any court having jurisdiction of the conspiracy crime has concurrent jurisdiction to try all misdemeanor crimes committed in furtherance of the conspiracy.
History:
[I.C., sec. 18-4107, as added by 1973, ch. 305, sec. 10, p. 655; am. 1976, ch. 81, sec. 7, p. 263.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 41 - INDECENCY AND OBSCENITY › Section 18-4108 - SPECIAL VERDICT.

18-4108. SPECIAL VERDICT. The jury, or the court if a jury trial is waived, shall render a general verdict, and must also render a special verdict as to whether the matter named in the charge is obscene. The special verdict or findings on the issue of obscenity may be: "We find the …. (title or description of matter or live conduct) to be obscene," or "We find the …. (title or description of matter or live conduct) not to be obscene." A special verdict shall not be admissible as evidence in any other proceeding, nor shall it be res judicata of any question in any other proceeding.
History:
[I.C., sec. 18-4108, as added by 1973, ch. 305, sec. 11, p. 655.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 41 - INDECENCY AND OBSCENITY › Section 18-4109 - PUNISHMENT FOR VIOLATIONS.

18-4109. PUNISHMENT FOR VIOLATIONS. The following punishments are applicable to this act:
Every person who violates sections 18-4103, 18-4104 or 18-4105, Idaho Code, is punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment for each separate violation. If such person has twice been convicted within the immediately preceding two (2) years for any offense contained in chapter 41, title 18, Idaho Code, and these convictions were for offenses which occurred ten (10) or more days apart, a third or subsequent violation of sections 18-4103, 18-4104 or 18-4105, Idaho Code, within this two (2) year period is punishable as a felony.
History:
[18-4109, as added by 1973, ch. 305, sec. 12, p. 655; am. 1976, ch. 81, sec. 8, p. 264; am. 2006, ch. 71, sec. 14, p. 221.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 41 - INDECENCY AND OBSCENITY › Section 18-4110 - EXPERT WITNESS TESTIMONY.

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.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 41 - INDECENCY AND OBSCENITY › Section 18-4112 - CONTRABAND.

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.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 41 - INDECENCY AND OBSCENITY › Section 18-4113 - UNIFORM ENFORCEMENT — ABROGATION OF EXISTING ORDINANCES — FURTHER LOCAL ORDINANCES BANNED.

18-4113. UNIFORM ENFORCEMENT — ABROGATION OF EXISTING ORDINANCES — FURTHER LOCAL ORDINANCES BANNED. In order to make the application and enforcement of this act uniform throughout the state, it is the intent of the legislature to preempt, to the exclusion of city and county governments, the regulation of the sale, loan, distribution, dissemination, presentation, or exhibition of material or live conduct which is obscene. To that end, it is hereby declared that every city or county ordinance adopted before the effective date of this act which deals with the sale, loan, distribution, dissemination, presentation, or exhibition of material or live conduct which is obscene shall stand abrogated and unenforceable on or after such effective date; and that no city or county government shall have the power to adopt any ordinance relating to the regulation of the sale, loan, distribution, dissemination, presentation, or exhibition of material or live conduct which is obscene on or after such effective date.
History:
[I.C., sec. 18-4113, as added by 1973, ch. 305, sec. 16, p. 655.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 41 - INDECENCY AND OBSCENITY › Section 18-4114 - ENFORCEMENT BY INJUNCTION, ETC.

18-4114. ENFORCEMENT BY INJUNCTION, ETC. The district courts of this state and the judges thereof shall have full power, authority, and jurisdiction, upon application by any county prosecutor or city attorney within their respective jurisdictions, or the attorney general, to issue any and all proper restraining orders, temporary and permanent injunctions, and any other writs and processes appropriate to carry out and enforce the provisions of this act. Such restraining orders or injunctions may issue to prevent any person from violating any of the provisions of this act, in addition to those powers provided under title 52 of tthe [the] Idaho Code. However, no restraining order or injunction shall issue except upon notice to the person sought to be enjoined. Such person shall be entitled to a trial of the issues within one (1) day after filing of an answer to the complaint and a decision shall be rendered by the court within two (2) days of the conclusion of the trial. In the event that a final order or judgment of injunction be entered against the person sought to be enjoined, such final order or judgment shall contain a provision directing the person to surrender to the sheriff of the county in which the action was brought any obscene matter in his possession which is subject to such injunction and such sheriff shall be directed to seize and destroy such matter.
History:
[I.C., sec. 18-4114, as added by 1973, ch. 305, sec. 17, p. 655; am. 1976, ch. 81, sec. 14, p. 266.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 41 - INDECENCY AND OBSCENITY › Section 18-4115 - PARTIAL INVALIDITY — SEVERABILITY.

18-4115. PARTIAL INVALIDITY — SEVERABILITY. If any phrase, clause, sentence, section, or provision of this act or application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other phrase, clause, sentence, section, provision, or application of this act which can be given effect without the invalid phrase, clause, sentence, section, provision, or application and to this end the provisions of this act are declared to be severable.
History:
[I.C., sec. 18-4115, as added by 1973, ch. 305, sec. 21, p. 655.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 41 - INDECENCY AND OBSCENITY › Section 18-4116 - INDECENT EXPOSURE.

18-4116. INDECENT EXPOSURE. Every person who willfully and lewdly, either:
(1) Exposes his or her genitals, in any public place, or in any place where there is present another person or persons who are offended or annoyed thereby; or
(2) Procures, counsels, or assists any person so to expose his or her genitals, where there is present another person or persons who are offended or annoyed thereby is guilty of a misdemeanor.
Any person who pleads guilty to or is found guilty of a violation of subsection (1) or (2) of this section or a similar statute in another state or any local jurisdiction for a second time within five (5) years, notwithstanding the form of the judgment(s) or withheld judgment(s), is guilty of a felony and shall be imprisoned in the state prison for a period not to exceed ten (10) years.
The provisions of this section shall not apply to the breastfeeding of a child or the expression of breast milk for the purpose of feeding a child.
History:
[18-4116, added 1996, ch. 241, sec. 1, p. 771; am. 2006, ch. 178, sec. 8, p. 549; am. 2018, ch. 181, sec. 2, p. 397.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 42 - INTOXICANTS AND INTOXICATION › Section 18-4202 - ACTING AS PHYSICIAN WHILE INTOXICATED.

18-4202. ACTING AS PHYSICIAN WHILE INTOXICATED. Every physician who, in a state of intoxication, does any act as such physician to another person by which the life of such other person is endangered, is guilty of a misdemeanor.
History:
[18-4202, added 1972, ch. 336, sec. 1, p. 933.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 43 - IRRIGATION WORKS › Section 18-4301 - INTERFERENCE WITH DITCHES, CANALS, LATERALS, DRAINS OR RESERVOIRS.

18-4301. INTERFERENCE WITH DITCHES, CANALS, LATERALS, DRAINS OR RESERVOIRS. Every person who shall, without authority of the owner or managing agent, and with intent to defraud, take water from any canal, ditch, lateral, drain, flume or reservoir, used for the purpose of holding, draining or conveying water for manufacturing, agricultural, mining, or domestic uses, or who shall, without like authority, raise, lower, or otherwise disturb, any gate or other appurtenance thereof used for the control or measurement of water, or who shall empty or place, or cause to be emptied or placed, into any such canal, ditch, lateral, drain, flume, or reservoir, any rubbish, filth, or obstruction to the free flow of water, is guilty of a misdemeanor.
History:
[18-4301, added 1972, ch. 336, sec. 1, p. 933; am. 2002, ch. 115, sec. 1, p. 327.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 43 - IRRIGATION WORKS › Section 18-4302 - WASTING WATER USED FOR IRRIGATION.

18-4302. WASTING WATER USED FOR IRRIGATION. Any person or persons, who shall wilfully or wantonly waste any of the waters of any stream, the waters of which are used for irrigation, to the detriment of any claimant of such water for irrigation purposes, by diverting the same for an unnecessary use or purpose, or by allowing such water to waste by running into depressions or dry channels so that the same cannot be used for irrigation, nor reach the original channel of the stream from which it has been diverted, are guilty of a misdemeanor.
History:
[I.C., sec. 18-4302, as added by 1972, ch. 336, sec. 1, p. 933.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 43 - IRRIGATION WORKS › Section 18-4303 - OBSTRUCTION OF OVERFLOW, GAUGE OR WATERWAY IN DAM.

18-4303. OBSTRUCTION OF OVERFLOW, GAUGE OR WATERWAY IN DAM. Any person or persons who shall obstruct any overflow, gauge or waterway, placed in any dam by order of any water master, so as to impede the flow of water over such dam as regulated by the water master, shall be guilty of a misdemeanor.
History:
[18-4303, added 1972, ch. 336, sec. 1, p. 933.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 43 - IRRIGATION WORKS › Section 18-4304 - WRONGFUL DIVERSION OF WATER.

18-4304. WRONGFUL DIVERSION OF WATER. Any person who without the consent of the water master of the district, diverts any water from a ditch or channel where it has been placed, or caused or left to run by the water master or his deputies, or who shuts or opens any ditch, gate or dam, or in any way impedes or increases the flow of water in any stream or ditch diverting water from a stream, while the same is under the charge of a water master, or who cuts away any embankment of a stream, whereby the water of such stream is diverted, or breaks, injures, or removes any gate, flume or other device used for the equitable distribution of the water of such stream by the water master, shall be guilty of a misdemeanor.
History:
[18-4304, added 1972, ch. 336, sec. 1, p. 933.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 43 - IRRIGATION WORKS › Section 18-4305 - INTERFERENCE WITH HEADGATE — CUTTING BANKS OF STREAM.

18-4305. INTERFERENCE WITH HEADGATE — CUTTING BANKS OF STREAM. If any obstruction shall be wilfully and maliciously placed on any overflow gauge in any stream of water which is used for irrigation and is under control of a water master, and such obstruction retards or impedes the free overflow of the water of such stream, thereby increasing the pressure against a headgate through which water is diverted by means of such dam, or if any headgate regulated by a water master shall be removed, broken, injured or interfered with so as to disturb the distribution of the water as regulated by the water master, or if any bank of the natural stream, the water of which is being used for irrigation and is being distributed by a water master, shall be cut away so as to increase the flow of water from such stream, thereby interfering with the distribution of the water as regulated by a water master, the person or persons so interrupting the flow of said water as aforesaid, shall be guilty of a misdemeanor.
History:
[18-4305, added 1972, ch. 336, sec. 1, p. 934.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 43 - IRRIGATION WORKS › Section 18-4306 - INJURIES TO DITCHES, CANALS, LATERALS, DRAINS AND APPURTENANCES.

18-4306. INJURIES TO DITCHES, CANALS, LATERALS, DRAINS AND APPURTENANCES. Any person or persons, who shall willfully cut, break, damage, or in any way interfere with any ditch, canal, lateral, drain, headgate, or any other works in or appurtenant thereto, the property of another person, irrigation district, drainage district, canal company, corporation, or association of persons, and whereby water is conducted to any place for beneficial use or purposes, and when said canal, headgate, ditch, lateral, drain, dam, or appurtenance is being used or is to be used for said conduct or drainage of water, shall be guilty of a misdemeanor.
History:
[18-4306, added 1972, ch. 336, sec. 1, p. 934; am. 2002, ch. 115, sec. 2, p. 327.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 43 - IRRIGATION WORKS › Section 18-4307 - INJURY TO MEASURING DEVICES.

18-4307. INJURY TO MEASURING DEVICES. Any person or persons who shall cut, break, injure, destroy, enlarge, change, or alter any headgate, sluiceway, weir, water box, or other measuring device, the property of any irrigation district, corporation or association of persons, or in the possession of, or in the use of, said irrigation district, corporation, or association, or the property of another, shall be guilty of a misdemeanor.
Any person or persons who shall change, alter, destroy, disturb, enlarge, or interfere with any headgate, dam, weir, water box, or other measuring device, made, placed, used or regulated by any duly appointed, elected, or authorized water master, deputy water master, ditch walker, ditch rider, engineer, or other authorized agent of any irrigation company, corporation or association or person, when said measuring device is being used or is to be used for the measurement of water, shall be guilty of a misdemeanor.
History:
[18-4307, added 1972, ch. 336, sec. 1, p. 934.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 43 - IRRIGATION WORKS › Section 18-4309 - UNAUTHORIZED TAMPERING WITH MEASURING DEVICES.

18-4309. UNAUTHORIZED TAMPERING WITH MEASURING DEVICES. Every person who shall willfully waste water for irrigation, or who shall willfully open, close, change or disturb, or interfere with, any headgate or water box or valve or measuring or regulating device, without authority, shall be guilty of a misdemeanor. The water masters or their assistants, within their district, shall have power to arrest any person or persons offending and turn them over to the sheriff or the nearest peace officer of the county in which such offense is committed, and immediately upon delivering such person so arrested into the custody of either of such officers, it shall be the duty of the water master making such arrest to make complaint, in writing and under oath, before the magistrate judge of such county, against the person so arrested.
History:
[I.C., sec. 18-4309, as added by 1972, ch. 336, sec. 1, p. 935; am. 2012, ch. 20, sec. 3, p. 67.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 43 - IRRIGATION WORKS › Section 18-4310 - NEGLECT TO DELIVER WATER — INTERFERENCE WITH DELIVERY.

18-4310. NEGLECT TO DELIVER WATER — INTERFERENCE WITH DELIVERY. Any superintendent or any person having control or charge of the said ditch, canal or conduit, who shall wilfully neglect or refuse to deliver water as provided in chapter 9, of title 42, or person or persons who shall prevent or interfere with the proper delivery of water to the person or persons having a right thereto, shall be guilty of a misdemeanor; and the owner or owners of such ditch, canal or conduit shall be liable in damages to the person or persons deprived of the use of water to which they were entitled as provided in said chapter 9.
History:
[18-4310, added 1972, ch. 336, sec. 1, p. 935.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 44 - JURIES AND JURORS › Section 18-4401 - GRAND JUROR ACTING AFTER CHALLENGE AGAINST HIM.

18-4401. GRAND JUROR ACTING AFTER CHALLENGE AGAINST HIM. Every grand juror who, with knowledge that a challenge interposed against him by a defendant has been allowed, is present at, or takes part, or attempts to take part, in the consideration of the charge against the defendant who interposed the challenge, or the deliberations of the grand jury thereon, is guilty of a misdemeanor.
History:
[18-4401, added 1972, ch. 336, sec. 1, p. 935.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 44 - JURIES AND JURORS › Section 18-4402 - DISCLOSING INDICTMENT BEFORE ARREST OF DEFENDANT.

18-4402. DISCLOSING INDICTMENT BEFORE ARREST OF DEFENDANT. Every grand juror, prosecuting attorney, clerk, judge or other officer who, except by issuing or in executing a warrant of arrest, wilfully discloses the fact of a presentment or indictment having been made for a felony, until the defendant has been arrested, is guilty of a misdemeanor.
History:
[18-4402, added 1972, ch. 336, sec. 1, p. 935.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 44 - JURIES AND JURORS › Section 18-4403 - DISCLOSING PROCEEDINGS BEFORE GRAND JURY.

18-4403. DISCLOSING PROCEEDINGS BEFORE GRAND JURY. Every grand juror who, except when required by a court, wilfully discloses any evidence adduced before the grand jury, or anything which he himself or any other member of the grand jury may have said, or in what manner he or any other grand juror may have voted on a matter before them, is guilty of a misdemeanor.
History:
[18-4403, added 1972, ch. 336, sec. 1, p. 936.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 44 - JURIES AND JURORS › Section 18-4404 - TAMPERING WITH JURY LIST.

18-4404. TAMPERING WITH JURY LIST. Every person who adds any names to the list of persons selected to serve as jurors, either by placing the same in the jury box or otherwise, or extracts any name therefrom, or destroys the jury box or any of the pieces of paper containing the names of jurors, or mutilates or defaces such names so that the same cannot be read, or changes such names on the pieces of paper, except in cases allowed by law, is guilty of a felony.
History:
[18-4404, added 1972, ch. 336, sec. 1, p. 936.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 44 - JURIES AND JURORS › Section 18-4405 - CERTIFYING TO FALSE JURY LISTS.

18-4405. CERTIFYING TO FALSE JURY LISTS. Every officer or person required by law to certify to the list of persons selected as jurors, who maliciously, corruptly or wilfully certifies to a false or incorrect list, or a list containing other names than those selected, or who, being required by law to write down the names placed on the certified lists on separate pieces of paper, does not write down and place in the jury box the same names that are on the certified list, and no more and no less than are on such list, is guilty of a felony.
History:
[18-4405, added 1972, ch. 336, sec. 1, p. 936.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 45 - KIDNAPING › Section 18-4501 - KIDNAPING DEFINED.

18-4501. KIDNAPING DEFINED. Every person who wilfully:
1. Seizes, confines, inveigles or kidnaps another, with intent to cause him, without authority of law, to be secretly confined or imprisoned within this state, or to be sent out of this state, or in any way held to service or kept or detained against his will; or,
2. Leads, takes, entices away or detains a child under the age of sixteen (16) years, with intent to keep or conceal it from its custodial parent, guardian or other person having lawful care or control thereof, or with intent to steal any article upon the person of the child; or,
3. Abducts, entices or by force or fraud unlawfully takes or carries away another at or from a place without the state, or procures, advises, aids or abets such an abduction, enticing, taking or carrying away, and afterwards sends, brings, has or keeps such person, or causes him to be kept or secreted within this state; or,
4. Seizes, confines, inveigles, leads, takes, entices away or kidnaps another against his will to extort money, property or any other thing of value or obtain money, property or reward or any other thing of value for the return or disposition of such person is guilty of kidnaping.
History:
[18-4501, added 1972, ch. 336, sec. 1, p. 936; am. 1985, ch. 121, sec. 1, p. 296.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 45 - KIDNAPING › Section 18-4502 - FIRST DEGREE KIDNAPPING — RANSOM.

18-4502. FIRST DEGREE KIDNAPPING — RANSOM. Any kidnapping committed for the purpose of obtaining money, property or any other thing of value for the return or disposition of such person kidnapped, or committed for the purpose of raping, or committing serious bodily injury upon the person kidnapped, or committing any lewd and lascivious act upon any child under the age of sixteen (16) years with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of any person, shall be kidnapping in the first degree.
History:
[18-4502, added 1972, ch. 336, sec. 1, p. 937; am. 1978, ch. 254, sec. 1, p. 555; am. 1981, ch. 321, sec. 1, p. 671; am. 2022, ch. 124, sec. 15, p. 448.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 45 - KIDNAPING › Section 18-4503 - SECOND DEGREE KIDNAPING WHEN NOT FOR RANSOM.

18-4503. SECOND DEGREE KIDNAPING WHEN NOT FOR RANSOM. Every other kidnaping committed shall be kidnaping in the second degree.
History:
[18-4503, added 1972, ch. 336, sec. 1, p. 937.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 45 - KIDNAPING › Section 18-4504 - PUNISHMENT — LIBERATION OF KIDNAPPED PERSON.

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.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 45 - KIDNAPING › Section 18-4504A - NOTICE OF INTENT TO SEEK DEATH PENALTY.

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.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 45 - KIDNAPING › Section 18-4506 - CHILD CUSTODY INTERFERENCE DEFINED — DEFENSES — PUNISHMENT.

18-4506. CHILD CUSTODY INTERFERENCE DEFINED — DEFENSES — PUNISHMENT. 1. A person commits child custody interference if the person, whether a parent or other, or agent of that person, intentionally and without lawful authority:
(a) Takes, entices away, keeps or withholds any minor child from a parent or another person or institution having custody, joint custody, visitation or other parental rights, whether such rights arise from temporary or permanent custody order, or from the equal custodial rights of each parent in the absence of a custody order; or
(b) Takes, entices away, keeps or withholds a minor child from a parent after commencement of an action relating to child visitation or custody but prior to the issuance of an order determining custody or visitation rights.
2. It shall be an affirmative defense to a violation of the provisions of subsection 1. of this section that:
(a) The action is taken to protect the child from imminent physical harm;
(b) The action is taken by a parent fleeing from imminent physical harm to himself;
(c) The action is consented to by the lawful custodian of the child; or
(d) The child is returned within twenty-four (24) hours after expiration of an authorized visitation privilege.
3. A violation of the provisions of subsection 1. of this section shall be a felony, unless the defendant did not take the child outside the state, and the child was voluntarily returned unharmed prior to the defendant’s arrest in which case the violation shall be reduced to a misdemeanor.
4. Any reasonable expenses incurred by a lawful custodian in locating or attempting to locate a child taken in violation of the provisions of subsection 1. of this section may be assessed against the defendant at the court’s discretion in accordance with chapter 53, title 19, Idaho Code.
History:
[18-4506, added 1987, ch. 88, sec. 1, p. 168.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 45 - KIDNAPING › Section 18-4507 - SHORT TITLE.

18-4507. SHORT TITLE. Sections 18-4507, 18-4508, 18-4509, 18-4510 and 18-4511, Idaho Code, may be cited as the "Missing Child Reporting Act."
History:
[18-4507, added 1988, ch. 281, sec. 1, p. 912.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 45 - KIDNAPING › Section 18-4508 - DEFINITIONS.

18-4508. DEFINITIONS. As used in sections 18-4507, 18-4508, 18-4509, 18-4510 and 18-4511, Idaho Code:
(1) "Law enforcement agency" means any law enforcement agency of the state or any political subdivision of the state, including the Idaho state police and any municipal or county sheriff department.
(2) "Missing child" means an individual who is less than eighteen (18) years of age who is reported to any law enforcement agency as abducted or lost.
(3) "Runaway child" means an individual who is less than eighteen (18) years of age who is reported to any law enforcement agency as a runaway.
(4) "State registrar" means the employee so designated by the director of the department of health and welfare.
History:
[18-4508, added 1988, ch. 281, sec. 1, p. 912; am. 1989, ch. 219, sec. 1, p. 532; am. 2000, ch. 469, sec. 23, p. 1478.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 45 - KIDNAPING › Section 18-4509 - MISSING CHILD REPORTS — LAW ENFORCEMENT AGENCIES — DUTIES.

18-4509. MISSING CHILD REPORTS — LAW ENFORCEMENT AGENCIES — DUTIES. (1) Upon receiving a report of a missing or runaway child, a law enforcement agency shall immediately enter identifying and descriptive information about the child into the national crime information center computer. Law enforcement agencies having direct access to the national crime information center computer shall enter and retrieve the data directly and shall cooperate in the entry and retrieval of data on behalf of law enforcement agencies which do not have direct access to the system.
(2) If the local law enforcement agency has reason to believe that a missing or runaway child is enrolled in an Idaho elementary or secondary school, it shall notify that school of the report, at which time the school shall flag the missing child’s record pursuant to section 18-4511, Idaho Code.
(3) The Idaho state police shall report the entries made by local law enforcement in the national crime information center to the state registrar. Upon learning of the return of a missing or runaway child, the Idaho state police shall so notify the state registrar of this state if the child was born in Idaho, or the appropriate officer in the state where the child was born, and the school informed under the provisions of subsection (2) of this section.
(4) The Idaho state police shall by rule determine the frequency, manner and form of notices and reports required by this act.
(5) Immediately after a missing or runaway child is returned, the law enforcement agency having jurisdiction over the investigation shall clear the entry from the national crime information center computer.
History:
[18-4509, added 1988, ch. 281, sec. 1, p. 912; am. 1989, ch. 219, sec. 2, p. 533; am. 1999, ch. 12, sec. 1, p. 16; am. 2000, ch. 469, sec. 24, p. 1478.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 45 - KIDNAPING › Section 18-4510 - BIRTH RECORDS OF MISSING CHILDREN — STATE REGISTRAR’S DUTIES.

18-4510. BIRTH RECORDS OF MISSING CHILDREN — STATE REGISTRAR’S DUTIES. 1. Upon notification by a law enforcement agency that a child born in the state is missing or has run away, the state registrar shall flag the child’s birth certificate record in such a manner that whenever a copy of the birth certificate or information concerning the birth record is requested, the state director shall be alerted to the fact that the certificate is that of a missing or runaway child.
2. In response to any inquiry, the state registrar or any clerk appointed by him or any employee of vital statistics shall not provide a copy of a birth certificate or information concerning the birth record of any missing or runaway child whose birth record has been flagged pursuant to this section, and shall immediately notify the law enforcement agency having jurisdiction over the investigation of the missing or runaway child. Inquiries shall be handled in the following manner:
(a) When a copy of the birth certificate of a missing or runaway child whose record has been flagged is requested in person, the employee receiving the request shall immediately notify his supervisor or the state registrar. The person making the request shall complete a form supplying his name, address, telephone number and relationship to the missing or runaway child and the name, address and birth date of the missing or runaway child. The driver’s license of the person making the request, if available, shall be photocopied and returned to him. He shall be informed that the birth certificate will be mailed to him when it is released. The employee shall note the physical description of the person making the request, and, upon that person’s departure from the vital statistics office, the supervisor or state registrar shall immediately notify the law enforcement agency having jurisdiction of the request and provide it with the information obtained pursuant to subsection 2(a) of this section. The state registrar shall retain the form completed by the person making the request.
(b) When a copy of the birth certificate of a missing or runaway child whose birth record has been flagged is requested in writing, the state registrar shall immediately notify the law enforcement agency having jurisdiction of the request and shall provide a copy of the written request. The state registrar shall retain the original written request.
3. Upon notification by a law enforcement agency that a missing or runaway child has been returned or when the child reaches his eighteenth birthday, the state registrar shall remove the flag from the child’s birth record.
History:
[18-4510, added 1988, ch. 281, sec. 1, p. 913; am. 1989, ch. 219, sec. 3, p. 534.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 45 - KIDNAPING › Section 18-4512 - MISSING PERSONS CLEARINGHOUSE.

18-4512. MISSING PERSONS CLEARINGHOUSE. (1) The Idaho state police shall establish a missing persons clearinghouse as a resource center of information and assistance regarding missing and unidentified persons.
(2) The director of the Idaho state police shall appoint a coordinator to manage appropriate programs for addressing the problem of missing persons, which may include the following:
(a) Collecting and maintaining computerized data and investigative information on missing and unidentified persons in Idaho;
(b) Establishing access to the national crime information center and to other sources of automated information;
(c) Distributing information to public and private nonprofit agencies that will assist in the location and recovery of missing persons;
(d) Operating a toll-free telephone hotline for accepting reports relating to missing persons;
(e) Publishing a directory of missing persons;
(f) Compiling statistics on missing persons cases handled and resolved each year;
(g) Developing and conducting training on issues relating to missing persons;
(h) Developing and distributing educational and other information regarding the prevention of abduction and sexual exploitation of children.
(3) The Idaho state police may accept gifts and grants from governmental agencies and private nonprofit organizations to achieve the purposes of the clearinghouse.
(4) The Idaho state police shall publish an annual report on the activities and achievements of the clearinghouse.
(5) The Idaho state police shall determine, by rule, the type and content of information to be collected by the clearinghouse and the manner of collecting and disseminating that information.
(6) The clearinghouse coordinator, in cooperation with the office of the superintendent of public instruction, shall develop a coordinated plan for the distribution of information to teachers and students in the school districts of the state regarding missing and runaway children. The superintendent of public instruction shall encourage local school districts to cooperate by providing the Idaho state police with information on any missing and runaway children that may be identified within the district.
History:
[18-4512 added 1996, ch. 367, sec. 1, p. 1238; am. 1999, ch. 12, sec. 2, p. 17; am. 2000, ch. 469, sec. 26, p. 1480.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 46 - LARCENY AND RECEIVING STOLEN GOODS › Section 18-4616 - DEFACING MARKS ON LOGS OR LUMBER.

18-4616. DEFACING MARKS ON LOGS OR LUMBER. Every person who cuts out, alters, mutilates, changes, disfigures, or defaces any legally recorded mark or marks made upon any log, lumber, or wood, or re-marks or puts a false mark thereon with intent to prevent the owner from discovering its identity, or places any mark upon, or cuts, saws, manufactures, or in any manner appropriates to his own use, or to the use of any other person, any prize log or timber, is guilty of a misdemeanor and punishable by a fine not exceeding one thousand dollars ($1,000), or imprisonment in the county jail not exceeding six (6) months, or by both such fine and imprisonment. In any prosecution for a violation of the provisions of this section relating to prize logs it shall be sufficient to prove that such logs are prize logs without further proof of ownership.
History:
[18-4616, added 1972, ch. 336, sec. 1, p. 939; am. 2006, ch. 71, sec. 15, p. 221.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 46 - LARCENY AND RECEIVING STOLEN GOODS › Section 18-4617 - STEALING RIDES ON TRAINS.

18-4617. STEALING RIDES ON TRAINS. Every person who shall, at any place within this state, ride or attempt to ride upon any locomotive engine, railroad car, railroad train, or trains of any character, in or upon any part thereof, for the purpose or with the intent of stealing a ride thereon, or who shall at any place, within this state, climb upon, hold to, or in any manner attach himself to, any locomotive engine or railroad car or railroad train or trains of any character, while the same are in motion, shall be guilty of a misdemeanor: provided, that this section shall not apply to any employee of a railroad company operating such train, locomotive or car, nor to any person operating such train, locomotive or car, nor to any person having business with, or acting under legal authority of, such railroad company.
History:
[I.C., sec. 18-4617, as added by 1972, ch. 336, sec. 1, p. 939.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 46 - LARCENY AND RECEIVING STOLEN GOODS › Section 18-4618 - STEALING RIDES ON TRAINS — AUTHORITY OF CONDUCTORS AND ENGINEERS TO ARREST.

18-4618. STEALING RIDES ON TRAINS — AUTHORITY OF CONDUCTORS AND ENGINEERS TO ARREST. Authority is hereby given to and conferred upon railroad conductors and engineers of railroad trains, to immediately arrest, without warrant or other process, any person or persons violating the preceding section, and deliver such persons to any peace officer: provided, that nothing in this section contained shall be construed to restrict the authority or duty of the regular officer within the state of making arrests for said offense.
History:
[18-4618, added 1972, ch. 336, sec. 1, p. 940.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 46 - LARCENY AND RECEIVING STOLEN GOODS › Section 18-4619 - STEALING RIDES — VENUE OF ACTION.

18-4619. STEALING RIDES — VENUE OF ACTION. Any person charged with a violation of section 18-4617 may be tried in any county in this state through which such train carrying such person may pass, or in the county in which such violation may have occurred or may be discovered.
History:
[18-4619, added 1972, ch. 336, sec. 1, p. 940.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 46 - LARCENY AND RECEIVING STOLEN GOODS › Section 18-4620 - STEALING RIDES — PUNISHMENT.

18-4620. STEALING RIDES — PUNISHMENT. Every person who shall be convicted of a violation of any of the offenses mentioned in section 18-4617 shall be punished by imprisonment in the county jail for a period not exceeding thirty days, or by a fine of not more than $60.00, or by both such fine and imprisonment.
History:
[18-4620, added 1972, ch. 336, sec. 1, p. 940.]