reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 70 - TRESPASS AND MALICIOUS INJURIES TO PROPERTY › Section 18-7043 - INTENTIONAL BREACH OF BIOSECURITY.

18-7043. INTENTIONAL BREACH OF BIOSECURITY. (1) It is unlawful for a person to knowingly commit any of the following acts in the state of Idaho with the intent to damage, poison or infect the crops, livestock, products or facilities of an agricultural facility or agricultural operation as defined in section 22-4502, Idaho Code, without the knowledge and consent of the owner of the agricultural facility or agricultural operation:
(a) Release or spread any type of contagious, communicable or infectious disease or poison;
(b) Attempt to release or spread any type of contagious, communicable or infectious disease or poison;
(c) Aid, abet or conspire with another person to release or spread any type of contagious, communicable or infectious disease or poison.
(2) Any person or persons violating any provision of this section shall be:
(a) Guilty of a misdemeanor when the damage to the crops, livestock, products or consumers of such products, agricultural facility or agricultural operation itself is one thousand dollars ($1,000) or less;
(b) Guilty of a felony and upon conviction thereof shall be punished by a term of imprisonment of not more than twenty (20) years or by a fine not in excess of ten thousand dollars ($10,000), or by both such fine and imprisonment, when the value of the damage to the crops, livestock, products or consumers of such products, agricultural facility or agricultural operation itself is in excess of one thousand dollars ($1,000).
(3) Nothing in this section shall be construed to limit the court’s power to order restitution equal to the extent of the damage suffered to the crops, livestock, products or consumers of such products, agricultural facility or agricultural operation.
(4) Nothing in this section shall be construed to limit an agricultural facility or agricultural operation from proceeding in a civil action to seek any lawful civil remedy.
(5) The provisions of this section are hereby declared severable and if any provision of this section or the application of such provision to any person or circumstances is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this section.
History:
[18-7043, added 2016, ch. 286, sec. 1, p. 789.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 70 - TRESPASS AND MALICIOUS INJURIES TO PROPERTY › Section 18-7044 - IMMUNITY — AID TO PERSON IN VEHICLE.

18-7044. IMMUNITY — AID TO PERSON IN VEHICLE. (1) A person shall not be prosecuted under this title for entry, including forced entry and any resulting property damage, into a motor vehicle for the purpose of removing another person from the vehicle, provided that the person entering:
(a) Has a reasonable, good-faith belief that the other person is in imminent danger of suffering death or serious bodily harm;
(b) Contacts law enforcement before and immediately after entering, if feasible; and
(c) Uses no more force than reasonably necessary to gain entry.
(2) This section shall not be construed to prevent prosecution for physical harm caused to the person in the vehicle or for any other crime unrelated to the act of entering the vehicle as provided in subsection (1) of this section.
History:
[18-7044, added 2018, ch. 285, sec. 2, p. 673.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 72 - WEIGHTS AND MEASURES › Section 18-7206 - USE OF FRAUDULENT SCALES FOR ORE.

18-7206. USE OF FRAUDULENT SCALES FOR ORE. Every person, association or corporation, or the agent of any person, association or corporation, engaged in the business of milling, sampling, concentrating, reducing, shipping or purchasing ores, who keeps or uses any false or fraudulent scales or weights for weighing ores, who keeps or uses any false or fraudulent assay scales or weights for ascertaining the assay value of ore, knowing them to be false, is guilty of a misdemeanor, and is punishable by a fine in any sum not exceeding $1000, or by imprisonment in the county jail for a term of not more than one year nor less than one month, or by both such fine and imprisonment.
History:
[18-7206, added 1972, ch. 336, sec. 1, p. 980.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 72 - WEIGHTS AND MEASURES › Section 18-7207 - ALTERATION OF ORE VALUES.

18-7207. ALTERATION OF ORE VALUES. Every person, corporation or association, or the agent of any person, corporation or association, engaged in milling, sampling, concentrating, reducing, shipping or purchasing ores in this state, who in any manner knowingly alters or changes the true value of any ores delivered to him or them, so as to deprive the seller of the result of the correct value of the same, or who issues any bill of sale or certificate of purchase that does not exactly and truthfully state the actual weight, assay value and total amount paid for any lot or lots of ore purchased, or who, by any secret understanding or agreement with another, issues a bill of sale or certificate of purchase that does not exactly and truthfully state the actual weight, assay value and total amount paid for any lot or lots of ore purchased, or who, by any secret understanding or agreement with another, issues a bill of sale or certificate of purchase that does not truthfully and correctly set forth the weight, assay value and total amount paid for any lot or lots of ore purchased by him, is guilty of a misdemeanor, and shall be punished as provided in the preceding section.
History:
[18-7207, added 1972, ch. 336, sec. 1, p. 980.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 73 - CIVIL RIGHTS › Section 18-7301 - FREEDOM FROM DISCRIMINATION CONSTITUTES A CIVIL RIGHT.

18-7301. FREEDOM FROM DISCRIMINATION CONSTITUTES A CIVIL RIGHT. The right to be free from discrimination because of race, creed, color, sex, or national origin is recognized as and declared to be a civil right. This right shall include, but not be limited to:
(1) The right to obtain and hold employment without discrimination.
(2) The right to the full enjoyment of any of the accommodations, facilities or privileges of any place of public resort, accommodation, assemblage or amusement.
History:
[18-7301, added 1972, ch. 336, sec. 1, p. 980; am. 1967, ch. 64, sec. 1, p. 146.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 73 - CIVIL RIGHTS › Section 18-7301A - FREEDOM OF CHOICE IN TREATMENT.

18-7301A. FREEDOM OF CHOICE IN TREATMENT. The right of any person to use amygdalin (laetrile) as an adjunct in the treatment of any physical condition of the human body shall not be denied, interfered with or obstructed by any other person.
History:
[18-7301A, added 1978, ch. 129, sec. 1, p. 290.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 73 - CIVIL RIGHTS › Section 18-7303 - DENIAL OF RIGHT TO WORK OR ACCOMMODATIONS A MISDEMEANOR.

18-7303. DENIAL OF RIGHT TO WORK OR ACCOMMODATIONS A MISDEMEANOR. Every person shall be guilty of a misdemeanor who denies to any other person because of race, creed, color, sex, or national origin the right to work: (a) by refusing to hire, (b) by discharging, (c) by barring from employment, or (d) by discriminating against such person in compensation or in other terms or conditions of employment; or who denies to any other person because of race, creed, color, sex, or national origin, the full enjoyment of any of the accommodations, advantages, facilities or privileges of any place of public resort, accommodation, assemblage, or amusement, provided, however, that denial of the right to work on the basis of sex shall be permissible in situations where sex is a bona fide occupational qualification reasonably necessary to the normal operation of the business.
History:
[I.C., sec. 18-7303, as added by 1972, ch. 336, sec. 1, p. 981.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 74 - BAIL JUMPING › Section 18-7401 - BAIL JUMPING — DEFAULT IN REQUIRED APPEARANCE.

18-7401. BAIL JUMPING — DEFAULT IN REQUIRED APPEARANCE. A person set at liberty by court order, with or without bail, upon condition that he will subsequently appear at a specified time and place, commits a misdemeanor if, without lawful excuse, he fails to appear at that time and place. The offense constitutes a felony where the required appearance was to answer to a charge of felony, or for disposition of any such charge, and the actor took flight or went into hiding to avoid apprehension, trial or punishment. This section does not apply to obligations to appear incident to release under suspended sentence or on probation or parole.
History:
[18-7401, added 1972, ch. 381, sec. 18, p. 1102.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 75 - AIRCRAFT HIJACKING › Section 18-7501 - AIRCRAFT HIJACKING DEFINED — PENALTY.

18-7501. AIRCRAFT HIJACKING DEFINED — PENALTY. The offense of aircraft hijacking is defined as the seizure or exercise of control, by force or violence or threat of force or violence, of any aircraft within the airspace jurisdiction of the state of Idaho. Any person convicted of the offense of aircraft hijacking shall suffer life imprisonment.
History:
[I.C., sec. 18-7501, as added by 1973, ch. 267, sec. 1, p. 561.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 75 - AIRCRAFT HIJACKING › Section 18-7502 - ASSAULT WITH INTENT TO COMMIT AIRCRAFT HIJACKING DEFINED — PENALTY.

18-7502. ASSAULT WITH INTENT TO COMMIT AIRCRAFT HIJACKING DEFINED — PENALTY. The offense of assault with intent to commit aircraft hijacking is defined as an intimidation, threat, assault or battery toward any flight crew member, attendant or employee, as to lessen the ability of such member, attendant, or employee to perform his duties, with the intent to commit aircraft hijacking as defined in section 18-7501 of this act. Any person convicted of the offense of assault with intent to commit aircraft hijacking shall suffer life imprisonment.
History:
[I.C., sec. 18-7502, as added by 1973, ch. 267, sec. 1, p. 561.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 75 - AIRCRAFT HIJACKING › Section 18-7504 - THREATS MADE AGAINST AIRLINE PASSENGERS, OTHER PERSONS, COMMERCIAL AIRLINE COMPANIES, OR AIRCRAFT — PENALTY.

18-7504. THREATS MADE AGAINST AIRLINE PASSENGERS, OTHER PERSONS, COMMERCIAL AIRLINE COMPANIES, OR AIRCRAFT — PENALTY. (1) Every person who knowingly and wilfully threatens the safety and well-being of any passenger, flight crew member or flight attendant, aboard any aircraft by making telephone, verbal, or written threats against any airline or aircraft within the airspace jurisdiction of the state of Idaho shall be guilty of a felony.
(2) Any person who seizes, confines, or kidnaps another person against his will or without authority of law, or who threatens the safety and well-being of any person, with the intent to hold such person hostage or use such person for the purpose of aircraft hijacking shall be guilty of a felony.
History:
[I.C., sec. 18-7504, as added by 1973, ch. 267, sec. 1, p. 561; am. 1988, ch. 273, sec. 1, p. 903.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 75 - AIRCRAFT HIJACKING › Section 18-7505 - INDICTMENT AND TRIAL JURISDICTION.

18-7505. INDICTMENT AND TRIAL JURISDICTION. Any offense occurring aboard an aircraft is declared to be a continuing offense from the point of beginning to the point of termination of the flight, and jurisdiction to prosecute a person accused of such an offense shall be in any county of Idaho over which or in which the aircraft is being operated.
History:
[I.C., sec. 18-7505, as added by 1973, ch. 267, sec. 1, p. 561; am. 1988, ch. 272, sec. 1, p. 903.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 76 - TAPE PIRACY ACT › Section 18-7601 - SHORT TITLE.

18-7601. SHORT TITLE. This act shall be known as the "Idaho Tape Piracy Act of 1976."
History:
[18-7601, added 1976, ch. 112, sec. 1, p. 440.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 76 - TAPE PIRACY ACT › Section 18-7602 - DEFINITIONS.

18-7602. DEFINITIONS. As used in this chapter, the terms defined in this section shall have the following meanings, unless the context clearly indicates another meaning:
(1) "Person" means any individual, firm, partnership, corporation or association of individuals.
(2) "Owner" means the person who owns the original fixation of sounds embodied in the master phonograph record, master disc, master tape, master film, or other device used for reproducing sounds on phonograph records, discs, tapes, films, or other articles upon which sound is recorded, and from which transferred recorded sounds are directly derived.
History:
[18-7602, added 1976, ch. 112, sec. 1, p. 440.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 76 - TAPE PIRACY ACT › Section 18-7603 - UNLAWFUL TRANSFER, SALE, DISTRIBUTION, ADVERTISEMENT.

18-7603. UNLAWFUL TRANSFER, SALE, DISTRIBUTION, ADVERTISEMENT. It shall be unlawful and punishable:
(1) For any person to knowingly, and without the consent of the owner, transfer or cause to be transferred or recorded any sounds previously recorded on a phonograph record, disc, wire, tape, film or other article on which sounds are recorded with the intent to sell such articles, or cause them to be sold for profit or used to promote the sale of any product.
(2) For any person to knowingly, or with reasonable grounds to know, advertise, or offer for sale or resale, or sell or resell, distribute or possess for such purposes, any article that has been produced in violation of the provisions of subsection (1) of this section.
(3) For any person to advertise, or offer for sale or resale, or sell or resell, or possess for such purposes, any phonograph record, disc, wire, tape, film or other article on which sounds are recorded, unless the outside cover, box, jacket or container clearly and conspicuously discloses the actual name and address of the manufacturer thereof, and the name of the actual performer or group.
History:
[18-7603, added 1976, ch. 112, sec. 1, p. 440.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 76 - TAPE PIRACY ACT › Section 18-7604 - PENALTIES.

18-7604. PENALTIES. (1) Any person who violates subsection (1) of section 18-7603, Idaho Code, is guilty of a felony and upon conviction may be fined not more than ten thousand dollars ($10,000), or imprisoned for not more than four (4) years, or both such fine and imprisonment. Each recording of the original fixation of sounds without consent of the owner thereof shall constitute a separate offense.
(2) Any person who violates subsection (2) or (3) of section 18-7603, Idaho Code, is guilty of a misdemeanor and upon conviction may be fined not more than one thousand dollars ($1,000) or imprisoned for not more than six (6) months, or both such fine and imprisonment.
History:
[18-7604, added 1976, ch. 112, sec. 1, p. 441.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 76 - TAPE PIRACY ACT › Section 18-7605 - CONFISCATION OF EQUIPMENT.

18-7605. CONFISCATION OF EQUIPMENT. Any article produced in violation of section 18-7603, Idaho Code, and any equipment used for such purpose, shall be subject to confiscation and destruction by the appropriate law enforcement agency.
History:
[18-7605, added 1976, ch. 112, sec. 1, p. 441.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 76 - TAPE PIRACY ACT › Section 18-7606 - EXCEPTIONS.

18-7606. EXCEPTIONS. The provisions of this act shall not apply to any broadcaster, who, in connection with or as part of a radio, television, or cable broadcast transmission, or for the purpose of archival preservation, transfers any such sounds recorded on a sound recording.
History:
[18-7606, added 1976, ch. 112, sec. 1, p. 441.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 76 - TAPE PIRACY ACT › Section 18-7607 - ACT NOT AN EXCLUSIVE REMEDY.

18-7607. ACT NOT AN EXCLUSIVE REMEDY. This act shall not be deemed an exclusive remedy for persons affected or injured by acts herein proscribed.
History:
[18-7607, added 1976, ch. 112, sec. 1, p. 441.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 76 - TAPE PIRACY ACT › Section 18-7608 - SEVERABILITY.

18-7608. SEVERABILITY. If any provisions of this act, or the application thereof to any person or circumstances, is held invalid as unconstitutional or ineffective for any reason, such invalidity shall not affect other provisions or applications of the act, and to this end the provisions of this [act] are severable.
History:
[18-7608, added 1976, ch. 112, sec. 1, p. 442.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 77 - MOTION PICTURE FAIR BIDDING ACT › Section 18-7701 - SHORT TITLE.

18-7701. SHORT TITLE. This act shall be known and may be cited as the "Motion Picture Fair Bidding Act."
History:
[18-7701, added 1979, ch. 119, sec. 1, p. 368]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 77 - MOTION PICTURE FAIR BIDDING ACT › Section 18-7702 - DEFINITIONS.

18-7702. DEFINITIONS. As used in this act:
(1) "Blind bidding" means bidding, negotiating, offering terms, making an invitation to bid, or agreeing to terms for the purpose of entering into a license agreement prior to a trade screening of the motion picture that is the subject of the agreement.
(2) "Distributor" means any person engaged in the business of renting, selling or licensing motion pictures to exhibitors.
(3) "Exhibitor" means any person engaged in the business of operating a theatre in this state.
(4) "License agreement" means any contract between a distributor and an exhibitor for the exhibition of a motion picture by the exhibitor of this state.
(5) "Theatre" means any establishment in which motion pictures are exhibited regularly to the public for a charge.
(6) "Trade screening" means the showing of a motion picture by a distributor, and such showing shall be open to any exhibitor interested in exhibiting the motion picture.
History:
[18-7702, added 1979, ch. 119, sec. 2, p. 368]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 77 - MOTION PICTURE FAIR BIDDING ACT › Section 18-7703 - PROHIBITION ON BLIND BIDDING.

18-7703. PROHIBITION ON BLIND BIDDING. No distributor shall engage in blind bidding.
History:
[18-7703, added 1979, ch. 119, sec. 3, p. 369]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 77 - MOTION PICTURE FAIR BIDDING ACT › Section 18-7704 - PROHIBITION ON MINIMUM FEE GUARANTEE.

18-7704. PROHIBITION ON MINIMUM FEE GUARANTEE. It shall be unlawful for any license agreement which provides for a fee or other payment to the distributor based in whole or in part on the attendance or the box office receipts at a theatre within the state to contain or be conditioned upon a guarantee of a minimum payment to the distributor.
(2) Any provision, agreement or understanding which provides for such a guarantee shall be void, and any purported waiver of the prohibition in subsection (1) of section 4 of this act shall be void and unenforceable.
History:
[18-7704, added 1979, ch. 119, sec. 4, p. 369]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 77 - MOTION PICTURE FAIR BIDDING ACT › Section 18-7705 - AVAILABILITY OF INFORMATION ON TRADE SCREENING.

18-7705. AVAILABILITY OF INFORMATION ON TRADE SCREENING. If bids are solicited from exhibitors for the purpose of entering into a license agreement, the bid shall include in the invitation to bid the date, time and location of the trade screening of the motion picture that is the subject of the invitation to bid.
History:
[18-7705, added 1979, ch. 119, sec. 5, p. 369]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 77 - MOTION PICTURE FAIR BIDDING ACT › Section 18-7706 - PROHIBITION ON REQUIREMENT OF ADVANCE PAYMENT AS SECURITY.

18-7706. PROHIBITION ON REQUIREMENT OF ADVANCE PAYMENT AS SECURITY. (1) It shall be unlawful for any license agreement for the exhibition of a motion picture at a theatre within the state to contain or be conditioned upon a provision, agreement or understanding that the exhibitor shall advance any funds prior to the exhibition of the picture as security for the performance of the license agreement or to be applied to payments under such agreement.
(2) Any provision, agreement or understanding which provides for such an advance shall be void, and any purported waiver of the prohibition in subsection (1) of section 6 of this act shall be void and unenforceable.
History:
[18-7706, added 1979, ch. 119, sec. 6, p. 369]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 77 - MOTION PICTURE FAIR BIDDING ACT › Section 18-7707 - UNENFORCEABILITY OF WAIVER PROVISION.

18-7707. UNENFORCEABILITY OF WAIVER PROVISION. Any provision of an invitation to bid or a license agreement that waives any of the prohibitions of or fails to comply with this act is void and unenforceable.
History:
[18-7707, added 1979, ch. 119, sec. 7, p. 369]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 77 - MOTION PICTURE FAIR BIDDING ACT › Section 18-7708 - PENALTY.

18-7708. PENALTY. It shall be unlawful for any person to willfully violate any provision of this act. Any such violation shall constitute a misdemeanor.
History:
[18-7708, added 1979, ch. 119, sec. 8, p. 369]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 78 - RACKETEERING ACT › Section 18-7801 - SHORT TITLE.

18-7801. SHORT TITLE. This act shall be known and may be cited as the "Racketeering Act."
History:
[18-7801, added 1981, ch. 219, sec. 1, p. 407.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 78 - RACKETEERING ACT › Section 18-7802 - PURPOSE.

18-7802. PURPOSE. The purpose of this act is to eliminate the infiltration and illegal acquisition of legitimate economic enterprise by racketeering practices and to eliminate the use of legal and illegal enterprises to further criminal activities.
History:
[18-7802, added 1981, ch. 219, sec. 1, p. 407.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 78 - RACKETEERING ACT › Section 18-7805 - RACKETEERING — CIVIL REMEDIES.

18-7805. RACKETEERING — CIVIL REMEDIES. (a) A person who sustains injury to his person, business or property by a pattern of racketeering activity may file an action in the district court for the recovery of three (3) times the actual damages proved and the cost of the suit, including reasonable attorney’s fees.
(b) The state, through the attorney general or the proper county prosecuting attorney, may file an action on behalf of those persons injured or to prevent, restrain or remedy racketeering as defined by the racketeering act.
(c) The district court has jurisdiction to prevent, restrain and remedy racketeering after making provisions for the rights of all innocent persons affected by such violation and after hearing or trial, as appropriate, by issuing appropriate orders. Prior to a determination of liability, such orders may include, but are not limited to, entering restraining orders or prohibitions or taking such other actions, including the acceptance of satisfactory performance bonds, in connection with any property or other interest subject to damages, forfeiture or other restraints pursuant to this section as it deems proper.
(d) Following a determination of liability, such orders may include, but are not limited to:
(1) Ordering any person to divest himself of any interest, direct or indirect, in any enterprise;
(2) Imposing reasonable restrictions on the future activities or investments of any person;
(3) Ordering dissolution or reorganization of any enterprise;
(4) Ordering the payment of three (3) times the damages proved to those persons injured by racketeering;
(5) Ordering the suspension or revocation of a license, permit or prior approval granted to any enterprise by any agency of the state;
(6) Ordering the forfeiture of the charter of a corporation organized under the laws of the state or the revocation of a certificate authorizing a foreign corporation to conduct business within this state; and
(7) Ordering the payment of all costs and expenses of the prosecution and investigation of any offense included in the definition of racketeering incurred by a municipal, county or state government agency to the agency incurring the costs or expenses.
History:
[18-7805, added 1981, ch. 219, sec. 1, p. 409; am. 1998, ch. 111, sec. 1, p. 415.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 79 - MALICIOUS HARASSMENT › Section 18-7901 - PURPOSE.

18-7901. PURPOSE. The legislature finds and declares that it is the right of every person regardless of race, color, ancestry, religion or national origin, to be secure and protected from fear, intimidation, harassment, and physical harm caused by the activities of groups and individuals. It is not the intent of this act to interfere with the exercise of rights protected by the constitution of the United States. The legislature recognizes the constitutional right of every citizen to harbor and express beliefs on any subject whatsoever and to associate with others who share similar beliefs. The legislature further finds that the advocacy of unlawful acts by groups or individuals against other persons or groups for the purpose of inciting and provoking damage to property and bodily injury or death to persons is not constitutionally protected, poses a threat to public order and safety, and should be subject to criminal sanctions.
History:
[18-7901, added 1983, ch. 110, sec. 2, p. 237.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 79 - MALICIOUS HARASSMENT › Section 18-7902 - MALICIOUS HARASSMENT DEFINED — PROHIBITED.

18-7902. MALICIOUS HARASSMENT DEFINED — PROHIBITED. It shall be unlawful for any person, maliciously and with the specific intent to intimidate or harass another person because of that person’s race, color, religion, ancestry, or national origin, to:
(a) Cause physical injury to another person; or
(b) Damage, destroy, or deface any real or personal property of another person; or
(c) Threaten, by word or act, to do the acts prohibited if there is reasonable cause to believe that any of the acts described in subsections (a) and (b) of this section will occur.
For purposes of this section, "deface" shall include, but not be limited to, cross-burnings or the placing of any word or symbol commonly associated with racial, religious or ethnic terrorism on the property of another person without his or her permission.
History:
[18-7902, added 1983, ch. 110, sec. 2, p. 237.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 79 - MALICIOUS HARASSMENT › Section 18-7903 - PENALTIES — CRIMINAL AND CIVIL.

18-7903. PENALTIES — CRIMINAL AND CIVIL. (a) Malicious harassment is punishable by imprisonment in the state prison for a period not to exceed five (5) years or by fine not exceeding five thousand dollars ($5,000) or by both.
(b) In addition to the criminal penalty provided in subsection (a) of this section, there is hereby created a civil cause of action for malicious harassment. A person may be liable to the victim of malicious harassment for both special and general damages, including but not limited to damages for emotional distress, reasonable attorney fees and costs, and punitive damages.
(c) The penalties provided in this section for malicious harassment do not preclude victims from seeking any other remedies, criminal or civil, otherwise available under law.
History:
[18-7903, added 1983, ch. 110, sec. 2, p. 237; am. 1987, ch. 275, sec. 1, p. 568.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 79 - MALICIOUS HARASSMENT › Section 18-7904 - EFFECT OF INVALIDITY OF PART OF THIS ACT.

18-7904. EFFECT OF INVALIDITY OF PART OF THIS ACT. If a court of competent jurisdiction shall adjudge to be invalid or unconstitutional any clause, sentence, paragraph, section, or part of this act, such judgment or decree shall not affect, impair, invalidate or nullify the remainder of this act, but the effect thereof shall be confined to the clause, sentence, paragraph, section or part of this act so adjudged to be invalid or unconstitutional.
History:
[18-7904, added 1983, ch. 110, sec. 2, p. 237.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 79 - MALICIOUS HARASSMENT › Section 18-7905 - STALKING IN THE FIRST DEGREE.

18-7905. STALKING IN THE FIRST DEGREE. (1) A person commits the crime of stalking in the first degree if the person violates section 18-7906, Idaho Code, and:
(a) The actions constituting the offense are in violation of a temporary restraining order, protection order, no contact order or injunction, or any combination thereof; or
(b) The actions constituting the offense are in violation of a condition of probation or parole; or
(c) The victim is under the age of sixteen (16) years; or
(d) At any time during the course of conduct constituting the offense, the defendant possessed a deadly weapon or instrument; or
(e) The defendant has been previously convicted of a crime under this section or section 18-7906, Idaho Code, or a substantially conforming foreign criminal violation within seven (7) years, notwithstanding the form of the judgment or withheld judgment; or
(f) The defendant has been previously convicted of a crime, or an attempt, solicitation or conspiracy to commit a crime, involving the same victim as the present offense under any of the following provisions of Idaho Code or a substantially conforming foreign criminal violation within seven (7) years, notwithstanding the form of the judgment or withheld judgment:
(i) Chapter 9, title 18;
(ii) Chapter 15, title 18;
(iii) Chapter 61, title 18;
(iv) Section 18-4014 (administering poison with intent to kill);
(v) Section 18-4015 (assault with intent to murder);
(vi) Section 18-4501 (kidnapping);
(vii) Section 18-5501 (poisoning);
(viii) Section 18-6604 (forcible sexual penetration by use of foreign object);
(ix) Section 18-7902 (malicious harassment); or
(x) Section 18-8103 (act of terrorism).
(2) In this section, "course of conduct" and "victim" have the meanings given in section 18-7906(2), Idaho Code.
(3) For the purpose of this section, a "substantially conforming foreign criminal violation" exists when a person has pled guilty to or has been found guilty of a violation of any federal law or law of another state, or any valid county, city, or town ordinance of another state substantially conforming to the provisions of this section or section 18-7906, Idaho Code. The determination of whether a foreign criminal violation is substantially conforming is a question of law to be determined by the court.
(4) Stalking in the first degree is a felony punishable by a fine not exceeding ten thousand dollars ($10,000) or imprisonment in the state prison for not less than one (1) year nor more than five (5) years, or by both such fine and imprisonment.
History:
[18-7905, added 2004, ch. 337, sec. 3, p. 1008; am. 2022, ch. 124, sec. 16, p. 449.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 79 - MALICIOUS HARASSMENT › Section 18-7906 - STALKING IN THE SECOND DEGREE.

18-7906. STALKING IN THE SECOND DEGREE. (1) A person commits the crime of stalking in the second degree if the person knowingly and maliciously:
(a) Engages in a course of conduct that seriously alarms, annoys or harasses the victim and is such as would cause a reasonable person substantial emotional distress; or
(b) Engages in a course of conduct such as would cause a reasonable person to be in fear of death or physical injury, or in fear of the death or physical injury of a family or household member.
(2) As used in this section:
(a) "Course of conduct" means repeated acts of nonconsensual contact involving the victim or a family or household member of the victim, provided however, that constitutionally protected activity is not included within the meaning of this definition.
(b) "Family or household member" means:
(i) A spouse or former spouse of the victim, a person who has a child in common with the victim regardless of whether they have been married, a person with whom the victim is cohabiting whether or not they have married or have held themselves out to be husband or wife, and persons related to the victim by blood, adoption or marriage; or
(ii) A person with whom the victim is or has been in a dating relationship, as defined in section 39-6303, Idaho Code; or
(iii) A person living in the same residence as the victim.
(c) "Nonconsensual contact" means any contact with the victim that is initiated or continued without the victim’s consent, that is beyond the scope of the consent provided by the victim, or that is in disregard of the victim’s expressed desire that the contact be avoided or discontinued. "Nonconsensual contact" includes, but is not limited to:
(i) Following the victim or maintaining surveillance, including by electronic means, on the victim;
(ii) Contacting the victim in a public place or on private property;
(iii) Appearing at the workplace or residence of the victim;
(iv) Entering onto or remaining on property owned, leased or occupied by the victim;
(v) Contacting the victim by telephone or causing the victim’s telephone to ring repeatedly or continuously regardless of whether a conversation ensues;
(vi) Sending mail or electronic communications to the victim; or
(vii) Placing an object on, or delivering an object to, property owned, leased or occupied by the victim.
(d) "Victim" means a person who is the target of a course of conduct.
(3) Stalking in the second degree is punishable by imprisonment in the county jail for not more than one (1) year or by a fine of not more than one thousand dollars ($1,000), or by both such fine and imprisonment.
History:
[18-7906, added 2004, ch. 337, sec. 4, p. 1009.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 79 - MALICIOUS HARASSMENT › Section 18-7908 - EX PARTE TEMPORARY PROTECTION ORDER.

18-7908. EX PARTE TEMPORARY PROTECTION ORDER. (1) Where a verified petition for a protection order under this chapter seeks an ex parte temporary protection order, such an ex parte temporary protection order may be granted to the petitioner if the court finds that present harm could result if an order is not immediately issued without prior notice to the respondent and that the respondent has intentionally engaged in the conduct described in section 18-7907(1), Idaho Code.
(2) The court may grant an ex parte temporary protection order based upon the verified petition submitted and set the matter for a full hearing under section 18-7907, Idaho Code. If the court does not grant an ex parte temporary protection order based upon the petition, the court may hold an ex parte hearing on the day a petition is filed or on the following judicial day to determine whether the court should grant an ex parte temporary protection order and set the matter for a full hearing under section 18-7907, Idaho Code, dismiss the verified petition, or deny the ex parte temporary protection order and set the matter for a full hearing under section 18-7907, Idaho Code. An ex parte temporary protection order may grant the same relief as specified in section 18-7907(4), Idaho Code.
(3) An ex parte hearing to consider the issuance of an ex parte temporary protection order may be conducted by telephone or other electronic means in accordance with any procedures authorized by the Idaho supreme court.
(4) An ex parte temporary protection order shall be effective for a fixed period not to exceed fourteen (14) days but may be reissued for good cause shown. A full hearing, as provided in this chapter, shall be set for not later than fourteen (14) days from the issuance of the ex parte temporary protection order. Motions seeking an order shortening the time period must be served upon the petitioner at least two (2) days prior to the hearing on the motion.
(5) Except as otherwise provided in this section, the provisions of section 18-7907, Idaho Code, are applicable to a petition for protective order seeking an ex parte temporary protection order and to any ex parte temporary restraining order issued pursuant to this section.
History:
[18-7908, added 2016, ch. 270, sec. 2, p. 726; am. 2019, ch. 162, sec. 2, p. 549.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 79 - MALICIOUS HARASSMENT › Section 18-7909 - FEES WAIVED.

18-7909. FEES WAIVED. No filing fee, service fee, hearing fee or bond shall be charged for proceedings seeking only the relief provided under sections 18-7907 and 18-7908, Idaho Code.
History:
[18-7909, added 2016, ch. 270, sec. 3, p. 727.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 80 - MOTOR VEHICLES › Section 18-8006 - AGGRAVATED DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS OR ANY OTHER INTOXICATING SUBSTANCES.

18-8006. AGGRAVATED DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS OR ANY OTHER INTOXICATING SUBSTANCES. (1) Any person causing great bodily harm, permanent disability or permanent disfigurement to any person other than himself in committing a violation of the provisions of section 18-8004(1)(a) or (1)(c), Idaho Code, is guilty of a felony, and upon conviction:
(a) Shall be sentenced to the state board of correction for not to exceed fifteen (15) years, provided that notwithstanding the provisions of section 19-2601, Idaho Code, should the court impose any sentence other than incarceration in the state penitentiary, the defendant shall be sentenced to the county jail for a mandatory minimum period of not less than thirty (30) days, the first forty-eight (48) hours of which must be consecutive; and further provided that notwithstanding the provisions of section 18-111, Idaho Code, a conviction under this section shall be deemed a felony;
(b) May be fined an amount not to exceed five thousand dollars ($5,000);
(c) Shall surrender his driver’s license or permit to the court; and
(d) Shall have his driving privileges suspended by the court for a mandatory minimum period of one (1) year after release from imprisonment, and may have his driving privileges suspended by the court for not to exceed five (5) years after release from imprisonment, during which time he shall have absolutely no driving privileges of any kind; and
(e) Shall be ordered by the court to pay restitution in accordance with chapter 53, title 19, Idaho Code.
(2) Notwithstanding any other provision of law, any evidence of conviction under this section shall be admissible in any civil action for damages resulting from the occurrence. A conviction for the purposes of this section means that the person has pled guilty or has been found guilty, notwithstanding the form of the judgment(s) or withheld judgment(s).
History:
[18-8006, added 1984, ch. 22, sec. 2, p. 32; am. 1986, ch. 201, sec. 2, p. 504; am. 1989, ch. 88, sec. 63, p. 205; am. 1990, ch. 45, sec. 46, p. 117; am. 1997, ch. 114, sec. 2, p. 288; am. 2000, ch. 356, sec. 1, p. 1191; am. 2006, ch. 261, sec. 4, p. 814.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 80 - MOTOR VEHICLES › Section 18-8007 - LEAVING SCENE OF ACCIDENT RESULTING IN INJURY OR DEATH.

18-8007. LEAVING SCENE OF ACCIDENT RESULTING IN INJURY OR DEATH. (1) The driver of any vehicle that has been involved in an accident, either upon public or private property open to the public, who knows or has reason to know that said accident has resulted in injury to or death of any person shall:
(a) Immediately stop the vehicle at the scene of the accident or as close thereto as possible. Every stop required under this section shall be made without obstructing traffic more than is necessary.
(b) Remain at the scene of the accident until the driver has fulfilled all the requirements under this section.
(c) Give his name, address, the name of his insurance agent or company if he has automobile liability insurance, and the motor vehicle registration number of the vehicle he is driving to the person struck, or to the driver or occupant of or person attending any vehicle collided with.
(d) If available, exhibit his driver’s license to the person struck, or to the driver or occupant of or person attending any vehicle collided with.
(e) Render to any person injured in the accident reasonable assistance, including the conveying or the making of arrangements for the conveying of such person to a physician, surgeon, hospital or other medical facility, for medical or surgical treatment, if it is apparent that such treatment is necessary or if such conveying is requested by the injured person.
(2) A violation of any provision of this section shall constitute a felony and be punished by a fine of not more than five thousand dollars ($5,000) or by imprisonment in the state penitentiary for a period of not more than five (5) years, or by both such fine and imprisonment.
(3) The director of the transportation department shall revoke for a period of one (1) year the driver’s license or permit to drive, or the nonresident operating privilege, of any person convicted or found guilty of violating any provision of this section. Such revocation shall preclude any type of work permit or other form of limited driving privileges as provided in section 49-326, Idaho Code.
History:
[18-8007, added 1987, ch. 208, sec. 1, p. 440; am. 1988, ch. 265, sec. 565, p. 863; am. 1989, ch. 88, sec. 64, p. 206; am. 1992, ch. 115, sec. 41, p. 386.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 80 - MOTOR VEHICLES › Section 18-8008 - IGNITION INTERLOCK SYSTEMS.

18-8008. IGNITION INTERLOCK SYSTEMS.
(1)(a) If a person is convicted, is found guilty, pleads guilty or receives a withheld judgment for violating any of the provisions of this chapter relating to driving under the influence and has had any or all of a sentence or fine suspended for the violation, the court shall, unless an exception is granted pursuant to section 18-8002(12), Idaho Code, impose the sanction provided for in this section in addition to any other penalty or fine imposed pursuant to this chapter.
(b) The court shall order the person to have a state-approved ignition interlock system installed, at his expense, on all motor vehicles operated by him. A court may determine that an offender is eligible to utilize available funds from the court interlock device and electronic monitoring device fund, as outlined in section 18-8010, Idaho Code, for the installation and operation of an ignition interlock device, based on evidence of financial hardship.
(2) The calibration setting at which the ignition interlock system will prevent the motor vehicle from being started shall be .025.
(3) As used in this chapter, the term "ignition interlock system" means breath alcohol ignition interlock device, including a camera, certified by the transportation department, designed to prevent a motor vehicle from being operated by a person who has consumed an alcoholic beverage.
(4) The transportation department shall by rule provide standards for the certification, installation, repair and removal of the devices.
(5) The court shall notify the transportation department of its order imposing a sanction pursuant to this section. The department shall attach or imprint a notation on the driver’s license or other document granting the person restricted driving privileges of any person restricted under this section that the person may operate only a motor vehicle equipped with an ignition interlock system.
(6) When a court orders a person to install and use an ignition interlock system pursuant to this section, the court shall order the person to pay the cost for obtaining, installing, utilizing and maintaining the ignition interlock system. All fees collected pursuant to this section shall be in addition to any other fines or penalty provided by law and shall be deposited in the court interlock device and electronic monitoring device fund created in section 18-8010, Idaho Code.
History:
[18-8008, added 1988, ch. 339, sec. 2, p. 1008; am. 2000, ch. 247, sec. 4, p. 700; am. 2014, ch. 63, sec. 6, p. 166; am. 2018, ch. 254, sec. 5, p. 601; am. 2019, ch. 305, sec. 3, p. 910.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 80 - MOTOR VEHICLES › Section 18-8008A - ELECTRONIC MONITORING DEVICES.

18-8008A. ELECTRONIC MONITORING DEVICES. (1) If a person is convicted, is found guilty, pleads guilty or receives a withheld judgment for violating any of the provisions of this chapter and has had any or all of a sentence or fine suspended for the violation, the court, in its discretion, may impose the sanction provided for in this section in addition to any other penalty or fine imposed pursuant to this chapter.
(2) The court may order the person to use electronic monitoring devices to record the person’s movements if, as a condition of probation, the person has been given restricted driving privileges between certain times, has been placed under a curfew or has been ordered confined to his residence during times certain. Nothing in this subsection shall restrict the court’s usage of electronic monitoring devices to supervise a defendant on probation for other offenses.
(3) If a court orders a defendant to use an electronic monitoring device pursuant to this section, and the court, or its probation department, furnishes the defendant with the device, the court may order the defendant to pay a reasonable fee for utilizing the equipment. All fees collected pursuant to this section shall be in addition to any other fines or penalty provided by law and shall be deposited in the court interlock device and electronic monitoring device fund created in section 18-8010, Idaho Code.
History:
[18-8008A, added 2018, ch. 254, sec. 6, p. 602.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 80 - MOTOR VEHICLES › Section 18-8009 - IGNITION INTERLOCKS — ASSISTING ANOTHER IN STARTING OR OPERATING — PENALTY.

18-8009. IGNITION INTERLOCKS — ASSISTING ANOTHER IN STARTING OR OPERATING — PENALTY. A person who knowingly assists another person who is restricted to the use of an ignition interlock device to start and operate that vehicle in violation of a court order shall be guilty of a misdemeanor. The provisions of this section do not apply if the starting of a motor vehicle, or the request to start a motor vehicle, equipped with an ignition interlock device is done for the purpose of safety or mechanical repair of the device or the vehicle and person subject to the court order does not operate the vehicle.
History:
[18-8009, added 1988, ch. 339, sec. 3, p. 1009.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 80 - MOTOR VEHICLES › Section 18-8010 - SURCHARGE ADDED TO ALL FINES.

18-8010. SURCHARGE ADDED TO ALL FINES. Every person who is convicted, found guilty, pleads guilty or receives a withheld judgment for violating the provisions of this chapter shall be required to pay an additional fifteen dollars ($15.00) in addition to any other fine, penalty or costs the court may assess. Moneys received pursuant to this section shall be remitted to the county treasurer in the county where the person was adjudicated for deposit in the "court interlock device and electronic monitoring device fund," which is hereby created in each county. Moneys in this fund may be utilized for the purchase of ignition interlock devices and electronic monitoring devices required pursuant to sections 18-8002, 18-8002A, 18-8005, 18-8008 and 18-8008A, Idaho Code. Additionally, any moneys a court charges a defendant for using an ignition interlock device or electronic monitoring devices shall be placed in this fund. The court or a prosecuting attorney who establishes a diversion program pursuant to section 19-3509, Idaho Code, may also utilize moneys in this fund to assist an indigent defendant or indigent diversion participant to procure an ignition interlock device or electronic monitoring devices. The court may also utilize moneys in this fund for alcohol or drug abuse-related probation, treatment or prevention programs for adults or juveniles.
History:
[18-8010, added 1988, ch. 339, sec. 4, p. 1009; am. 1996, ch. 417, sec. 1, p. 1387; am. 1998, ch. 416, sec. 1, p. 1314; am. 2018, ch. 254, sec. 7, p. 603; am. 2019, ch. 305, sec. 4, p. 911.]