reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 61 - RAPE › Section 18-6110 - SEXUAL CONTACT WITH A PRISONER.

18-6110. SEXUAL CONTACT WITH A PRISONER. (1) It is a felony for any employee of the Idaho department of correction, Idaho department of juvenile corrections or any officer, employee or agent of a state, local or private correctional facility, as those terms are defined in section 18-101A, Idaho Code, to have sexual contact with a prisoner or juvenile offender, not their spouse, whether an in-state or out-of-state prisoner or juvenile offender, as those terms are defined in section 18-101A, Idaho Code.
(2) It is a felony for any supervising officer, as that term is defined in section 18-101A, Idaho Code, to knowingly have sexual contact with any parolee or probationer, as those terms are defined in section 18-101A, Idaho Code, who is not the person’s spouse.
(3) For the purposes of this section "sexual contact" means sexual intercourse, genital-genital contact, manual-anal contact, manual-genital contact, oral-genital contact, anal-genital contact or oral-anal contact, between persons of the same or opposite sex.
(4) Any person found guilty of sexual contact with a prisoner or juvenile offender is punishable by imprisonment in the state prison for a term not to exceed life.
History:
[18-6110, added 1993, ch. 222, sec. 1, p. 759; am. 2000, ch. 272, sec. 9, p. 792; am. 2003, ch. 37, sec. 1, p. 157; am. 2005, ch. 177, sec. 2, p. 548; am. 2008, ch. 60, sec. 2, p. 152; am. 2009, ch. 116, sec. 1, p. 373.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 63 - REVENUE AND TAXATION › Section 18-6301 - TAXATION — REFUSAL TO GIVE ASSESSOR LIST OF PROPERTY.

18-6301. TAXATION — REFUSAL TO GIVE ASSESSOR LIST OF PROPERTY. Every person who unlawfully refuses upon demand to give to any county assessor a list of his property subject to taxation, or to swear to such list, or who gives a false name, or fraudulently refuses to give his true name, to any assessor when demanded by such assessor in the discharge of his official duties, is guilty of a misdemeanor.
History:
[18-6301, added 1972, ch. 336, sec. 1, p. 963.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 63 - REVENUE AND TAXATION › Section 18-6302 - USE OF ILLEGAL RECEIPTS.

18-6302. USE OF ILLEGAL RECEIPTS. Every person who uses or gives any receipt except that prescribed by law, as evidence of the payment of any poll tax, road tax or license of any kind, or who receives payment of such tax or license without delivering the receipt prescribed by law, or who inserts the name of more than one (1) person therein, is guilty of a misdemeanor.
History:
[18-6302, added 1972, ch. 336, sec. 1, p. 963.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 63 - REVENUE AND TAXATION › Section 18-6303 - UNLAWFUL POSSESSION OF BLANK LICENSES OR POLL TAX RECEIPTS.

18-6303. UNLAWFUL POSSESSION OF BLANK LICENSES OR POLL TAX RECEIPTS. Every person who has in his possession with intent to circulate or sell, any blank licenses or poll tax receipts other than those furnished by the proper officer, is guilty of felony.
History:
[18-6303, added 1972, ch. 336, sec. 1, p. 963.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 63 - REVENUE AND TAXATION › Section 18-6304 - REFUSAL TO GIVE TAX COLLECTOR NAMES OF EMPLOYEES.

18-6304. REFUSAL TO GIVE TAX COLLECTOR NAMES OF EMPLOYEES. Every person who, when requested by the collector of taxes or licenses, refuses to give to such collector the name and residence of each man in his employment, or to give such collector access to the building or place where such men are employed, is guilty of a misdemeanor.
History:
[18-6304, added 1972, ch. 336, sec. 1, p. 963.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 63 - REVENUE AND TAXATION › Section 18-6305 - DOING BUSINESS WITHOUT LICENSE.

18-6305. DOING BUSINESS WITHOUT LICENSE. Every person who commences or carries on any business, trade, profession or calling, for the transaction or carrying on of which a license is required by any law of this state, without taking out or procuring the license prescribed by such law, is guilty of a misdemeanor.
History:
[18-6305, added 1972, ch. 336, sec. 1, p. 963.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 63 - REVENUE AND TAXATION › Section 18-6306 - TAX COLLECTOR — NEGLECT OF DUTY.

18-6306. TAX COLLECTOR — NEGLECT OF DUTY. If any tax collector or his deputy wilfully neglects or refuses to perform any of the duties enjoined on him by the provisions of title 63 of Idaho Code he is guilty of a misdemeanor in office, and shall be punished by imprisonment in the county jail not more than one (1) year, or by a fine of not less than $200 nor more than $1,000, or by both such fine and imprisonment, and shall be forthwith removed from office.
History:
[I.C., sec. 18-6306, as added by 1972, ch. 336, sec. 1, p. 964.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 63 - REVENUE AND TAXATION › Section 18-6307 - AUDITOR — NEGLECT OF DUTY.

18-6307. AUDITOR — NEGLECT OF DUTY. If any county auditor neglects or refuses to perform the duties enjoined on him by the provisions of title 63 of the Idaho Code he is guilty of a felony, and shall be punished by imprisonment in the state prison for not more than one (1) year, or by a fine of not less than $200 nor more than $1,000, or by both such fine and imprisonment, and shall be forthwith removed from office.
History:
[18-6307, added 1972, ch. 336, sec. 1, p. 964.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 63 - REVENUE AND TAXATION › Section 18-6308 - VIOLATION OF REVENUE LAWS.

18-6308. VIOLATION OF REVENUE LAWS. Any officer who, at the same time, performs the duties of any two officers, in any manner connected with the public revenue, except in the manner expressly provided by law, or any collecting or disbursing officer who refuses or neglects the performance of the duties required of him by the title, Revenue, of the Idaho Code, is guilty of a felony, and on conviction thereof must be punished by imprisonment in the state prison for not more than one year, or by a fine of not less than $200 nor more than $1,000, or by both such fine and imprisonment, and must forthwith be removed from office.
History:
[18-6308, added 1972, ch. 336, sec. 1, p. 964.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 63 - REVENUE AND TAXATION › Section 18-6309 - IMPERSONATION OF REVENUE OFFICER.

18-6309. IMPERSONATION OF REVENUE OFFICER. Any person who shall in this state unlawfully exercise or attempt to exercise the functions of, or hold himself out as, an officer, agent, deputy or employee of the state tax commission or of any county assessor shall be guilty of a felony, and on conviction thereof shall be punished by imprisonment in the state prison for a period of not more than five (5) years or by a fine of not more than five thousand dollars ($5,000) or by both such fine and imprisonment.
History:
[18-6309, added 1981, ch. 72, sec. 1, p. 104.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 64 - RIOT, ROUT, UNLAWFUL ASSEMBLY, PRIZE FIGHTING, DISTURBING PEACE › Section 18-6401 - RIOT DEFINED.

18-6401. RIOT DEFINED. Any action, use of force or violence, or threat thereof, disturbing the public peace, or any threat to use such force or violence, if accompanied by immediate power of execution, by two (2) or more persons acting together, and without authority of law, which results in:
(a) physical injury to any person; or
(b) damage or destruction to public or private property; or
(c) a disturbance of the public peace;
is a riot.
History:
[18-6401, added 1972, ch. 336, sec. 1, p. 964; am. 1981, ch. 123, sec. 1, p. 211.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 64 - RIOT, ROUT, UNLAWFUL ASSEMBLY, PRIZE FIGHTING, DISTURBING PEACE › Section 18-6402 - RIOT — FELONY — MISDEMEANOR — PUNISHMENT.

18-6402. RIOT — FELONY — MISDEMEANOR — PUNISHMENT. (1) A riot is a felony if:
(a) It occurs on or about the state penitentiary, a county or city jail, or any other penal facility in this state, or it involves the taking of one or more hostages. Violation of the provisions of this subsection is punishable by imprisonment in the state penitentiary for not less than five (5) years, no [nor] more than twenty (20) years or a fine not to exceed twenty-five thousand dollars ($25,000), or both such fine and imprisonment.
(b) The destruction or damage to public or private property exceeds five hundred dollars ($500). Violation of the provisions of this subsection is punishable by imprisonment in the state penitentiary for not more than five (5) years or a fine not to exceed ten thousand dollars ($10,000), or both such fine and imprisonment.
(2) A riot is a misdemeanor in all other circumstances punishable by imprisonment in the city or county jail for not more than one (1) year and a fine not to exceed five thousand dollars ($5,000).
History:
[18-6402, added 1981, ch. 123, sec. 3, p. 211.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 64 - RIOT, ROUT, UNLAWFUL ASSEMBLY, PRIZE FIGHTING, DISTURBING PEACE › Section 18-6404 - UNLAWFUL ASSEMBLY DEFINED.

18-6404. UNLAWFUL ASSEMBLY DEFINED. Whenever two or more persons assemble together to do an unlawful act, and separate without doing or advancing toward it, or do a lawful act in a violent, boisterous or tumultuous manner, such assembly is an unlawful assembly.
History:
[18-6404, added 1972, ch. 336, sec. 1, p. 964.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 64 - RIOT, ROUT, UNLAWFUL ASSEMBLY, PRIZE FIGHTING, DISTURBING PEACE › Section 18-6405 - PUNISHMENT FOR UNLAWFUL ASSEMBLY.

18-6405. PUNISHMENT FOR UNLAWFUL ASSEMBLY. Every person who participates in any unlawful assembly is guilty of a misdemeanor.
History:
[18-6405, added 1972, ch. 336, sec. 1, p. 965; am. 1994, ch. 167, sec. 3, p. 375.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 64 - RIOT, ROUT, UNLAWFUL ASSEMBLY, PRIZE FIGHTING, DISTURBING PEACE › Section 18-6409 - DISTURBING THE PEACE.

18-6409. DISTURBING THE PEACE. (1) Every person who maliciously and willfully disturbs the peace or quiet of any neighborhood, family or person, by loud or unusual noise, or by tumultuous or offensive conduct, or by threatening, traducing, quarreling, challenging to fight or fighting, or fires any gun or pistol, or uses any vulgar, profane or indecent language within the presence or hearing of children, in a loud and boisterous manner, is guilty of a misdemeanor.
(2) Every person who maliciously and willfully disturbs the dignity or reverential nature of any funeral, memorial service, funeral procession, burial ceremony or viewing of a deceased person is guilty of a misdemeanor.
History:
[18-6409, added 1972, ch. 336, sec. 1, p. 965; am. 1972, ch. 381, sec. 14, p. 1102; am. 1994, ch. 167, sec. 4, p. 375; am. 2007, ch. 130, sec. 1, p. 387.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 64 - RIOT, ROUT, UNLAWFUL ASSEMBLY, PRIZE FIGHTING, DISTURBING PEACE › Section 18-6410 - ASSEMBLY TO DISTURB PEACE — REFUSAL TO DISPERSE.

18-6410. ASSEMBLY TO DISTURB PEACE — REFUSAL TO DISPERSE. If two or more persons assemble for the purpose of disturbing the public peace, or committing any unlawful act, and do not disperse on being desired or commanded so to do by a public officer, the persons so offending are severally guilty of a misdemeanor.
History:
[18-6410, added 1972, ch. 336, sec. 1, p. 965.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 65 - ROBBERY › Section 18-6501 - ROBBERY DEFINED.

18-6501. ROBBERY DEFINED. Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.
History:
[18-6501, added 1972, ch. 336, sec. 1, p. 965.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 65 - ROBBERY › Section 18-6502 - FEAR WHICH CONSTITUTES ROBBERY.

18-6502. FEAR WHICH CONSTITUTES ROBBERY. The fear which constitutes robbery may be either:
1. The fear of an unlawful injury to the person or property of the person robbed, or of any relative of his, or member of his family; or,
2. The fear of an immediate and unlawful injury to the person or property of any one in the company of the person robbed at the time of the robbery.
History:
[18-6502, added 1972, ch. 336, sec. 1, p. 966.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 65 - ROBBERY › Section 18-6503 - PUNISHMENT FOR ROBBERY.

18-6503. PUNISHMENT FOR ROBBERY. Robbery is punishable by imprisonment in the state prison not less than five (5) years, and the imprisonment may be extended to life.
History:
[18-6503, added 1972, ch. 336, sec. 1, p. 966.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 66 - SEX CRIMES › Section 18-6601 - INCEST.

18-6601. INCEST. (1) Any person who willfully marries or engages in sexual intercourse with another person known to be within the degrees of consanguinity within which marriages are declared by law to be incestuous and void under section 32-205, Idaho Code, is guilty of a felony.
(2) For the purposes of this section, "sexual intercourse" means genital-genital, oral-genital, anal-genital, oral-anal, manual-anal, or manual-genital penetration between persons of the same or opposite sex.
(3) Any violations of this section are punishable by imprisonment in the state prison for a term not to exceed fifteen (15) years; however, if a victim is under the age of eighteen (18) years at the time of violation of this section, such violation is punishable by imprisonment in the state prison for a term not to exceed life.
History:
[(18-6601) 18-6602, added 1972, ch. 336, sec. 1, p. 966; am. 2003, ch. 202, sec. 1, p. 543; am. 2006, ch. 178, sec. 9, p. 550; am. and redesig. 2022, ch. 124, sec. 5, p. 437.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 66 - SEX CRIMES › Section 18-6602 - SEXUAL ABUSE OF AN ANIMAL.

18-6602. SEXUAL ABUSE OF AN ANIMAL. (1) A person is guilty of a felony if that person:
(a) Engages in sexual contact with an animal;
(b) Advertises, solicits, offers, or accepts the offer of an animal or possesses, purchases, or otherwise obtains an animal with the intent that the animal be subject to sexual contact; or
(c) Causes, aids, or abets another person to engage in sexual contact with an animal.
(2) As used in this section:
(a) "Animal" means any living creature of the animal kingdom, other than a human being, whether dead or alive at the time of the violation of this section; and
(b) "Sexual contact" means any act committed between a person and an animal for the purpose of sexual arousal, sexual gratification, abuse, or financial gain without a bona fide veterinary or animal husbandry purpose and involving:
(i) Contact between the sex organs or anus of an animal and the mouth of the person or contact between the sex organs or anus of the person and the mouth of the animal;
(ii) The insertion of any part of the animal’s body into the vaginal or anal opening of the person; or
(iii) The insertion of any part of the body of a person or any object into the vaginal or anal opening of an animal.
(3) Any person who violates this section may be punished by imprisonment in the state prison for a term not to exceed five (5) years. Additionally, the court may order a person who violates this section to:
(a) Relinquish custody of some or all animals under the person’s control at the time of the offense. If the person convicted of violating this section is not the owner of the animal that was the subject of the violation, then the animal shall be returned to the owner of the animal. An animal returned to an owner under this section shall not be spayed or neutered prior to being returned; and
(b) Reimburse the agency or shelter caring for the animal for reasonable costs incurred for the care and treatment of the animal from the date of impoundment until the disposition of the criminal proceeding.
(4) Nothing in this section shall be construed to criminalize:
(a) Generally accepted veterinary practices in compliance with chapter 21, title 54, Idaho Code;
(b) Generally accepted agricultural, farming, ranching, and animal husbandry practices, including grooming, raising, breeding or artificially inseminating an animal for reproductive purposes, assisting with the birthing process of animals, or any other procedure that provides care for an animal;
(c) Generally accepted commercial, traditional, cultural, historical, or tribal practices, including judging of breed conformation, rodeos, horse racing, fairs, and stock sales and auctions; or
(d) Generally accepted hunting, fishing, and trapping practices in compliance with title 36, Idaho Code.
History:
[18-6602, added 2022, ch. 124, sec. 6, p. 437.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 66 - SEX CRIMES › Section 18-6603 - SEXUAL ABUSE OF HUMAN REMAINS.

18-6603. SEXUAL ABUSE OF HUMAN REMAINS. (1) A person is guilty of a felony if that person engages in sexual contact with human remains.
(2) As used in this section:
(a) "Human remains" means a deceased human body or any portion of a deceased human body in any condition or state of decomposition; and
(b) "Sexual contact" means any act committed between a person and human remains for the purpose of sexual arousal, sexual gratification, abuse, or financial gain involving genital-genital, oral-genital, anal-genital, oral-anal, manual-genital, or manual-anal contact between a person and human remains or penetration of the genitals or anus with an object, instrument, or device.
(3) Any person who violates this section may be punished by imprisonment in the state prison for a term not to exceed five (5) years.
(4) Nothing in this section shall be construed to criminalize:
(a) Generally accepted dental, nursing, or medical practices in compliance with chapter 9, chapter 18, or chapter 14, title 54, Idaho Code;
(b) Generally accepted organ donation or anatomical gift practices in compliance with chapter 34, title 39, Idaho Code;
(c) Generally accepted mortuary or funerary practices, including but not limited to embalming in compliance with chapter 11, title 54, Idaho Code; or
(d) Generally accepted investigative practices by coroners, medical examiners, pathologists, or the like.
History:
[18-6603, added 2022, ch. 124, sec. 7, p. 438.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 66 - SEX CRIMES › Section 18-6604 - FORCIBLE PENETRATION BY USE OF FOREIGN OBJECT.

18-6604. FORCIBLE PENETRATION BY USE OF FOREIGN OBJECT. (1) A person violates this section when that person willfully causes the penetration, however slight, of the genital or anal opening of any person, by any object, instrument, or device:
(a) Against the victim’s will by:
(i) Use of force or violence; or
(ii) Duress; or
(iii) Threats of immediate and great bodily harm, accompanied by apparent power of execution; or
(b) Where the victim is incapable, through any unsoundness of mind, whether temporary or permanent, of giving legal consent; or
(c) Where the victim is prevented from resistance by any intoxicating, narcotic, or anesthetic substance; or
(d) Where the victim is at the time unconscious of the nature of the act because the victim:
(i) Was unconscious or asleep; or
(ii) Was not aware, knowing, perceiving, or cognizant that the act occurred.
(2) A person who violates the provisions of this section shall be guilty of a felony and shall be punished by imprisonment in the state prison for not more than life.
(3) The provisions of this section shall not apply to bona fide medical, health care, or hygiene procedures.
History:
[(18-6604) 18-6608, added 1983, ch. 176, sec. 1, p. 484; am. 2002, ch. 360, sec. 1, p. 1018; am. 2014, ch. 165, sec. 1, p. 467; am. 2018, ch. 323, sec. 1, p. 753; am. and redesig. 2022, ch. 124, sec. 8, p. 438.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 67 - COMMUNICATIONS SECURITY › Section 18-6703 - MANUFACTURE, DISTRIBUTION, POSSESSION, AND ADVERTISING OF WIRE, ELECTRONIC OR ORAL COMMUNICATION INTERCEPTING DEVICES PROHIBITED.

18-6703. MANUFACTURE, DISTRIBUTION, POSSESSION, AND ADVERTISING OF WIRE, ELECTRONIC OR ORAL COMMUNICATION INTERCEPTING DEVICES PROHIBITED. (1) Except as otherwise specifically provided in this chapter any person who willfully:
(a) Sends through the mail or sends or carries any electronic, mechanical, or other device, with the intention of rendering it primarily useful for the purpose of the illegal interception of wire, electronic or oral communications as specifically defined by this chapter; or
(b) Manufactures, assembles, possesses, or sells any electronic, mechanical, or other device with the intention of rendering it primarily useful for the purpose of the illegal interception of wire, electronic or oral communications as specifically defined by this chapter, shall be guilty of a felony and is punishable by imprisonment in the state penitentiary for a term of five (5) years or by a fine of five thousand dollars ($5,000), or by both such fine and imprisonment.
(2) It is lawful under this section for:
(a) A provider of wire or electronic communication service or an officer, agent, or employee of, or a person under contract with, such a provider, in the normal course of business; or
(b) An officer, agent, or employee of, or a person under contract with, bidding upon contracts with, or in the course of doing business with, the United States, a state, or a political subdivision thereof, in the normal course of the activities of the United States, a state, or a political subdivision thereof, to send through the mail, send or carry in interstate or foreign commerce, or manufacture, assemble, possess, or sell any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire, electronic or oral communication.
(3) It shall not be unlawful under this section to advertise for sale a device described in subsection (1) of this section if the advertisement is mailed, sent or carried solely to a domestic provider of wire or electronic communication service or to an agency of the United States, any state, or a political subdivision thereof that is duly authorized to use such device.
History:
[18-6703, added 1980, ch. 326, sec. 2, p. 835; am. 2002, ch. 223, sec. 3, p. 637.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 67 - COMMUNICATIONS SECURITY › Section 18-6704 - CONFISCATION OF WIRE, ELECTRONIC OR ORAL COMMUNICATION INTERCEPTING DEVICES.

18-6704. CONFISCATION OF WIRE, ELECTRONIC OR ORAL COMMUNICATION INTERCEPTING DEVICES. Any electronic, mechanical, or other device used, sent, carried, manufactured, assembled, possessed, or sold in violation of this chapter may be seized and forfeited to the state.
History:
[18-6704, added 1980, ch. 326, sec. 2, p. 836; am. 2002, ch. 223, sec. 4, p. 637.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 67 - COMMUNICATIONS SECURITY › Section 18-6705 - PROHIBITION OF USE AS EVIDENCE OF INTERCEPTED WIRE, ELECTRONIC OR ORAL COMMUNICATIONS.

18-6705. PROHIBITION OF USE AS EVIDENCE OF INTERCEPTED WIRE, ELECTRONIC OR ORAL COMMUNICATIONS. Whenever any wire, electronic or oral communication has been intercepted, no part of the contents of such communication and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the state, or a political subdivision thereof, if the disclosure of that information would be in violation of this chapter.
History:
[18-6705, added 1980, ch. 326, sec. 2, p. 836; am. 2002, ch. 223, sec. 5, p. 637.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 67 - COMMUNICATIONS SECURITY › Section 18-6706 - AUTHORIZATION FOR INTERCEPTION OF WIRE, ELECTRONIC OR ORAL COMMUNICATIONS.

18-6706. AUTHORIZATION FOR INTERCEPTION OF WIRE, ELECTRONIC OR ORAL COMMUNICATIONS. The prosecuting attorney of any county is authorized to make application to a judge of competent jurisdiction for an order authorizing or approving the interception of wire, electronic or oral communications and may apply to such judge for, and such judge may grant in conformity with section 2518 of chapter 119, title 18 U.S.C.A., and in conformity with the provisions of this chapter, an order authorizing or approving the interception of wire, electronic or oral communications by investigative or law enforcement officers having responsibility for the investigation of the offense as to which the application is made, when such interception may provide or has provided evidence of the commission of the offense of murder, kidnapping, gambling, robbery, bribery, extortion, or dealing in narcotic drugs, marijuana or other dangerous drugs, or other crime dangerous to life, limb, or property, and punishable by imprisonment for more than one (1) year, or any conspiracy to commit any of the foregoing offenses.
History:
[18-6706, added 1980, ch. 326, sec. 2, p. 836; am. 2002, ch. 223, sec. 6, p. 638; am. 2020, ch. 82, sec. 11, p. 185.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 67 - COMMUNICATIONS SECURITY › Section 18-6707 - AUTHORIZATION FOR DISCLOSURE AND USE OF INTERCEPTED WIRE, ELECTRONIC OR ORAL COMMUNICATIONS.

18-6707. AUTHORIZATION FOR DISCLOSURE AND USE OF INTERCEPTED WIRE, ELECTRONIC OR ORAL COMMUNICATIONS. (1) Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, electronic or oral communication, or evidence derived therefrom, may disclose such contents to another investigative or law enforcement officer to the extent that such disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure.
(2) Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, electronic or oral communication or evidence derived therefrom may use such contents to the extent such use is appropriate to the proper performance of his official duties.
(3) Any person who has received, by any means authorized by this chapter, any information concerning a wire, electronic or oral communication, or evidence derived therefrom intercepted in accordance with the provisions of this chapter may disclose the contents of that communication or such derivative evidence while giving testimony under oath or affirmation in any criminal proceeding in any court of this state, of the United States or of any state or in any political subdivision thereof.
(4) No otherwise privileged wire, electronic or oral communication intercepted in accordance with, or in violation of, the provisions of this chapter shall lose its privileged character.
(5) When an investigative or law enforcement officer, while engaged in intercepting wire, electronic or oral communications in the manner authorized herein, intercepts wire, electronic or oral communications relating to offenses other than those specified in the order of authorization, the contents thereof, and evidence derived therefrom, may be disclosed or used as provided in subsections (1), (2) and (3) of this section.
History:
[18-6707, added 1980, ch. 326, sec. 2, p. 837; am. 2002, ch. 223, sec. 7, p. 638.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 67 - COMMUNICATIONS SECURITY › Section 18-6709 - RECOVERY OF CIVIL DAMAGES AUTHORIZED.

18-6709. RECOVERY OF CIVIL DAMAGES AUTHORIZED. Any person whose wire, electronic or oral communication is intercepted, disclosed, or used in violation of this chapter shall have a civil cause of action against any person who intercepts, discloses, uses, or procures any other person to intercept, disclose, or use such communications, and shall be entitled to recover from any such person:
(a) Actual damages, but not less than liquidated damages computed at the rate of one hundred dollars ($100) a day for each day of violation or one thousand dollars ($1,000), whichever is higher;
(b) Punitive damages; and
(c) A reasonable attorney’s fee and other litigation costs reasonably incurred.
A good faith reliance on a court order shall constitute a complete defense to any civil or criminal action under the laws of this state.
History:
[18-6709, added 1980, ch. 326, sec. 2, p. 841; am. 2002, ch. 223, sec. 9, p. 643.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 67 - COMMUNICATIONS SECURITY › Section 18-6710 - USE OF TELEPHONE TO ANNOY, TERRIFY, THREATEN, INTIMIDATE, HARASS OR OFFEND BY LEWD OR PROFANE LANGUAGE, REQUESTS, SUGGESTIONS OR PROPOSALS — THREATS OF PHYSICAL HARM — DISTURBING THE PEACE BY REPEATED CALLS — PENALTIES.

18-6710. USE OF TELEPHONE TO ANNOY, TERRIFY, THREATEN, INTIMIDATE, HARASS OR OFFEND BY LEWD OR PROFANE LANGUAGE, REQUESTS, SUGGESTIONS OR PROPOSALS — THREATS OF PHYSICAL HARM — DISTURBING THE PEACE BY REPEATED CALLS — PENALTIES. (1) Every person who, with intent to annoy, terrify, threaten, intimidate, harass or offend, telephones another and (a) addresses to or about such person any obscene, lewd or profane language, or makes any request, suggestion or proposal which is obscene, lewd, lascivious or indecent; or (b) addresses to such other person any threat to inflict injury or physical harm to the person or property of the person addressed or any member of his family, or any other person; or (c) by repeated anonymous or identified telephone calls whether or not conversation ensues, disturbs the peace or attempts to disturb the peace, quiet, or right of privacy of any person at the place where the telephone call or calls are received, is guilty of a misdemeanor and upon conviction thereof, shall be sentenced to a term of not to exceed one (1) year in the county jail. Upon a second or subsequent conviction, the defendant shall be guilty of a felony and shall be sentenced to a term of not to exceed five (5) years in the state penitentiary.
(2) The use of obscene, lewd or profane language or the making of a threat or obscene proposal, or the making of repeated anonymous telephone calls as set forth in this section may be prima facie evidence of intent to annoy, terrify, threaten, intimidate, harass or offend.
(3) For the purposes of this section, the term "telephone" shall mean any device which provides transmission of messages, signals, facsimiles, video images or other communication between persons who are physically separated from each other by means of telephone, telegraph, cable, wire or the projection of energy without physical connection.
History:
[18-6710, added 1980, ch. 326, sec. 2, p. 841; am. 1994, ch. 167, sec. 5, p. 376.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 67 - COMMUNICATIONS SECURITY › Section 18-6711 - USE OF TELEPHONE TO TERRIFY, INTIMIDATE, HARASS OR ANNOY BY FALSE STATEMENTS — PENALTIES.

18-6711. USE OF TELEPHONE TO TERRIFY, INTIMIDATE, HARASS OR ANNOY BY FALSE STATEMENTS — PENALTIES. (1) Every person who telephones another and knowingly makes any false statements concerning injury, death, disfigurement, indecent conduct or criminal conduct of the person telephoned or any member of his family, with intent to terrify, intimidate, harass or annoy the called person, is guilty of a misdemeanor. Upon a second or subsequent conviction of the violation of the provisions of this section, the defendant shall be guilty of a felony.
(2) The making of a false statement as herein set out may be prima facie evidence of intent to terrify, intimidate, harass or annoy.
(3) For the purposes of this section, the term "telephone" shall mean any device which provides transmission of messages, signals, facsimiles, video images or other communication between persons who are physically separated from each other by means of telephone, telegraph, cable, wire or the projection of energy without physical connection.
History:
[18-6711, added 1980, ch. 326, sec. 2, p. 842; am. 1994, ch. 167, sec. 6, p. 376.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 67 - COMMUNICATIONS SECURITY › Section 18-6711A - FALSE ALARMS — COMPLAINTS — REPORTS — PENALTIES — CIVIL DAMAGES.

18-6711A. FALSE ALARMS — COMPLAINTS — REPORTS — PENALTIES — CIVIL DAMAGES. (a) Any person calling the number "911" for the purpose of making a false alarm or complaint and reporting false information which could or does result in the emergency response of any firefighting, police, medical or other emergency services shall be guilty of a misdemeanor and upon conviction thereof shall be sentenced to a fine of not to exceed one thousand dollars ($1,000) or to a term of not to exceed one (1) year in the county jail, or to both such fine and imprisonment.
(b) In addition to the criminal penalties for violation of the provisions of this section, civil damages may be recovered from the person so convicted in an amount of three (3) times the amount necessary to compensate or reimburse the complainant for costs incurred, losses sustained or other damages suffered in receiving, acting upon or responding to the false alarm, complaint or report. If the person so convicted is under the age of eighteen (18) years of age, the parent having legal custody of the minor may be jointly and severally liable with the minor for such civil damages as are imposed. Recovery from the parents shall not be limited by any other provision of law which limits the liability of a parent for the tortious or criminal conduct of a minor. A parent not having legal custody of the minor shall not be liable for civil damages imposed hereunder.
History:
[18-6711A, added 1990, ch. 133, sec. 1, p. 306; am. 2005, ch. 359, sec. 10, p. 1136; am. 2012, ch. 257, sec. 3, p. 709.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 67 - COMMUNICATIONS SECURITY › Section 18-6712 - PLACE OF OFFENSE.

18-6712. PLACE OF OFFENSE. Any offense committed by use of a telephone as provided by this chapter may be deemed to have been committed at either the place at which the telephone call or calls were made or at the place where the telephone call or calls were received.
History:
[18-6712, added 1980, ch. 326, sec. 2, p. 842.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 67 - COMMUNICATIONS SECURITY › Section 18-6714 - AIDING THE AVOIDANCE OF TELECOMMUNICATIONS CHARGES.

18-6714. AIDING THE AVOIDANCE OF TELECOMMUNICATIONS CHARGES. (1) A person commits the offense of aiding the avoidance of telecommunications charges when he:
(a) Publishes the number or code of an existing, canceled, revoked, expired, or nonexistent credit card or the numbering or coding which is employed in the issuance of credit cards with the purpose that it will be used to avoid the payment of lawful telecommunications charges; or
(b) Publishes, advertises, sells, gives, or otherwise transfers to another plans or instructions for the making or assembling of any apparatus, instrument, equipment, or device described in section 18-6713, Idaho Code, with the purpose that such will be used or with the knowledge or reason to believe that such will be used to avoid the payment of lawful telecommunications charges.
(2) A person convicted of the offense of aiding the avoidance of telecommunications charges shall be punished according to the provisions of section 18-6713, Idaho Code.
(3) For the purposes of this section, the term "publish" means to communicate information to any one or more persons either orally; in person; by telephone, radio, or television; or in a writing of any kind.
History:
[18-6714, added 1980, ch. 326, sec. 2, p. 843; am. 1997, ch. 144, sec. 2, p. 419.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 67 - COMMUNICATIONS SECURITY › Section 18-6715 - FORGERY OF TELEGRAPHIC MESSAGES.

18-6715. FORGERY OF TELEGRAPHIC MESSAGES. Every person who knowingly and willfully sends by telegraph to any person a false or forged message purporting to be from such telegraph office, or from any other person, or who willfully delivers or causes to be delivered to any person any such message falsely purporting to have been received by telegraph, or who furnishes or conspires to furnish, or causes to be furnished to any agent, operator, or employee, to be sent by telegraph or to be delivered, any such message, knowing the same to be false or forged with the intent to deceive, injure, or defraud another, is punishable by imprisonment in the state prison for a term not to exceed five (5) years, or by a fine not to exceed five thousand dollars ($5,000), or by both such fine and imprisonment.
History:
[18-6715, added 1980, ch. 326, sec. 2, p. 843.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 67 - COMMUNICATIONS SECURITY › Section 18-6716 - OPENING TELEGRAMS.

18-6716. OPENING TELEGRAMS. Every person not connected with any telegraphic office who without the authority or consent of the person to whom the same may be directed, willfully opens any sealed envelope enclosing a telegraphic message and addressed to any other person, with the purpose of learning the contents of such message, or who fraudulently represents any other person, and thereby procures to be delivered to himself any telegraphic message addressed to such other person, with the intent to use, destroy or detain the same from the person or persons entitled to receive such message, is punishable as provided in section 18-6715, Idaho Code.
History:
[18-6716, added 1980, ch. 326, sec. 2, p. 844.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 67 - COMMUNICATIONS SECURITY › Section 18-6717 - REFUSAL TO SEND OR DELIVER TELEGRAPH MESSAGE.

18-6717. REFUSAL TO SEND OR DELIVER TELEGRAPH MESSAGE. Every agent, operator or employee of any telegraph office who willfully refuses or neglects to send any message received at such office for transmission, or willfully postpones the same out of its order, or willfully refuses or neglects to deliver any message received by telegraph, is guilty of a misdemeanor. Nothing herein contained shall be construed to require any message to be received, transmitted or delivered unless the charges thereon have been paid or tendered.
History:
[18-6717, added 1980, ch. 326, sec. 2, p. 844.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 67 - COMMUNICATIONS SECURITY › Section 18-6718 - OPENING SEALED MAIL OR PACKAGES.

18-6718. OPENING SEALED MAIL OR PACKAGES. (1) Every person who willfully opens or breaks the seal, or reads, or causes to be read, any sealed mail not addressed to such person without being authorized to do so either by the writer or by the person to whom it is addressed, and every person who, without the like authority, publishes any of the contents of such mail knowing the same to have been unlawfully opened, is guilty of a misdemeanor.
(2) For the purposes of this section, "mail" means any written communication or package that is designed to be carried by the United States postal service or any other federally regulated carrier of packages, parcels or letters.
History:
[18-6718, added 1980, ch. 326, sec. 2, p. 844; am. 1994, ch. 167, sec. 7, p. 377.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 67 - COMMUNICATIONS SECURITY › Section 18-6719 - DEFINITIONS FOR PEN REGISTERS AND TRAP AND TRACE DEVICES.

18-6719. DEFINITIONS FOR PEN REGISTERS AND TRAP AND TRACE DEVICES. (1) "Attorney general" means the attorney general of the state of Idaho;
(2) "Pen register" means a device which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which such device is attached, but such term does not include any device used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by such provider or any device used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business;
(3) "Prosecuting attorney" means the prosecuting attorney of each county of the state of Idaho;
(4) "Trap and trace device" means a device which captures the incoming electronic or other impulses which identify the originating number of an instrument or device from which a wire or electronic communication was transmitted.
History:
[18-6719, added 1987, ch. 215, sec. 1, p. 461.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 67 - COMMUNICATIONS SECURITY › Section 18-6720 - GENERAL PROHIBITION ON PEN REGISTER AND TRAP AND TRACE DEVICE USE — EXCEPTION.

18-6720. GENERAL PROHIBITION ON PEN REGISTER AND TRAP AND TRACE DEVICE USE — EXCEPTION. (1) Except as provided in section 18-6720 [this section], Idaho Code, no person may install or use a pen register or a trap and trace device without first obtaining a court order under section 18-6722, Idaho Code.
(2) The prohibition of subsection (1) of this section does not apply with respect to the use of a pen register or a trap and trace device by a provider of electronic or wire communication service:
(a) Relating to the operation, maintenance, and testing of a wire or electronic communication service or to the protection of the rights or property of such provider, or to the protection of users of that service from abuse of service or unlawful use of service; or
(b) To record the fact that a wire or electronic communication was initiated or completed in order to protect such provider, another provider furnishing service toward the completion of the wire communication, or a user of that service, from fraudulent, unlawful or abusive use of service; or
(c) Where the consent of the user of that service has been obtained.
(3) Whoever knowingly violates the provisions of subsection (1) of this section shall be guilty of a misdemeanor.
History:
[18-6720, added 1987, ch. 215, sec. 2, p. 461.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 67 - COMMUNICATIONS SECURITY › Section 18-6721 - APPLICATION FOR AN ORDER FOR A PEN REGISTER OR A TRAP AND TRACE DEVICE.

18-6721. APPLICATION FOR AN ORDER FOR A PEN REGISTER OR A TRAP AND TRACE DEVICE. (1) The prosecuting attorney or attorney general may make application for an order or an extension of an order under section 18-6722, Idaho Code, authorizing or approving the installation and use of a pen register or a trap and trace device under this chapter, in writing under oath or equivalent affirmation to the district court.
(2) An application under subsection (1) of this section shall include:
(a) The identity of the prosecuting attorney or attorney general making the application and the identity of the law enforcement agency conducting the investigation; and
(b) A certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency.
History:
[18-6721, added 1987, ch. 215, sec. 3, p. 462.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 67 - COMMUNICATIONS SECURITY › Section 18-6722 - ISSUANCE OF AN ORDER FOR A PEN REGISTER OR A TRAP AND TRACE DEVICE.

18-6722. ISSUANCE OF AN ORDER FOR A PEN REGISTER OR A TRAP AND TRACE DEVICE. (1) Upon an application made under section 18-6721, Idaho Code, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device within the jurisdiction of the court if the court finds that the prosecuting attorney, the attorney general, or the state law enforcement or investigative officer has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation.
(2) An order issued under this section:
(a) Shall specify–
1. The identity, if known, of the person to whom is leased or in whose name is listed the telephone line to which the pen register or trap and trace device is to be attached;
2. The identity, if known, of the person who is the subject of the criminal investigation;
3. The number and, if known, physical location of the telephone line to which the pen register or trap and trace device is to be attached and, in the case of a trap and trace device, the geographic limits of the trap and trace order; and
4. A statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates; and
(b) Shall direct, upon the request of the applicant, the furnishing of information, facilities, and technical assistance necessary to accomplish the installation of the pen register or trap and trace device under section 18-6723, Idaho Code.
(3) An order issued under this section shall authorize the installation and use of a pen register or a trap and trace device for a period not to exceed sixty (60) days. Extensions of such an order may be granted, but only upon an application for an order under section 18-6721, Idaho Code, and upon the judicial finding required by subsection (1) of this section. The period of extension shall be for a period not to exceed sixty (60) days.
(4) An order authorizing or approving the installation and use of a pen register or a trap and trace device shall direct that:
(a) The order be sealed until otherwise ordered by the court; and
(b) The person owning or leasing the line to which the pen register or a trap and trace device is attached, or who has been ordered by the court to provide assistance to the applicant, not disclose the existence of the pen register or trap and trace device or the existence of the investigation to the listed subscriber, or to any other person, unless or until otherwise ordered by the court.
History:
[18-6722, added 1987, ch. 215, sec. 4, p. 462.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 67 - COMMUNICATIONS SECURITY › Section 18-6723 - ASSISTANCE IN INSTALLATION AND USE OF A PEN REGISTER OR A TRAP AND TRACE DEVICE.

18-6723. ASSISTANCE IN INSTALLATION AND USE OF A PEN REGISTER OR A TRAP AND TRACE DEVICE. (1) Upon the request of the prosecuting attorney or attorney general, or an officer of a law enforcement agency authorized to install and use a pen register, a provider of wire or electronic communication service, landlord, custodian, or other person shall furnish the applicant, investigative or law enforcement officer forthwith all information, facilities, and technical assistance necessary to accomplish the installation of the pen register unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if such assistance is directed by a court order as provided in section 18-6722, Idaho Code.
(2) Upon the request of a prosecuting attorney or attorney general, or an officer of a law enforcement agency authorized to receive the results of a trap and trace device, a provider of a wire or electronic communication service, landlord, custodian, or other person shall install such device forthwith on the appropriate line and shall furnish such investigative or law enforcement officer all additional information, facilities and technical assistance including installation and operation of the device unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if such installation and assistance is directed by a court order as provided in section 18-6722(2)(b), Idaho Code. Unless otherwise ordered by the court, the results of the trap and trace device shall be furnished to the officer of a law enforcement agency, designated in the court, at reasonable intervals during regular business hours for the duration of the order.
(3) A provider of a wire or electronic communication service, landlord, custodian, or other person who furnishes facilities or technical assistance pursuant to this section shall be reasonably compensated for such reasonable expenses incurred in providing such facilities and assistance.
(4) No cause of action shall lie in any court against any provider of a wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order under this chapter.
(5) A good faith reliance on a court order, a legislative authorization, or a statutory authorization is a complete defense against any civil or criminal action brought under this chapter or any other law.
History:
[18-6723, added 1987, ch. 215, sec. 5, p. 463.]