reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 36 - FORGERY AND COUNTERFEITING › Section 18-3605 - POSSESSION OF FORGED NOTES OR BANK BILLS OR CHECK OR CHECKS.

18-3605. POSSESSION OF FORGED NOTES OR BANK BILLS OR CHECK OR CHECKS. Every person who has in his possession, or receives from another person, any forged promissory note or bank bill, or bills, or check or checks, for the payment of money or property, with the intention to pass the same, or to permit, cause, or procure the same to be uttered or passed, with the intention to defraud any person, knowing the same to be forged or counterfeited, or has or keeps in his possession any blank or unfinished note or bank bill or check made in the form or similitude of any promissory note or bill or check for payment of money or property, made to be issued by any incorporated bank or banking company, with intention to fill up and complete such blank and unfinished note or bill or check, or to permit, or cause, or procure the same to be filled up and completed in order to utter or pass the same, or to permit, or cause, or procure the same to be uttered or passed, to defraud any person, is punishable by imprisonment in the state prison for not less than one (1) nor more than fourteen (14) years.
History:
[I.C., sec. 18-3605, as added by 1972, ch. 336, sec. 1, p. 917.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 36 - FORGERY AND COUNTERFEITING › Section 18-3606 - FICTITIOUS BILLS, NOTES, AND CHECKS — MAKING, PASSING, UTTERING, OR PUBLISHING.

18-3606. FICTITIOUS BILLS, NOTES, AND CHECKS — MAKING, PASSING, UTTERING, OR PUBLISHING. Every person who makes, passes, utters, or publishes, with intention to defraud any other person, or who, with the like intention, attempts to pass, utter or publish, or who has in his possession, with like intent to utter, pass, or publish, any fictitious bill, note or check, purporting to be the bill, note, or check, or other instrument in writing for the payment of money or property of some bank, corporation, copartnership, or individual, when in fact, there is no such bank, corporation, copartnership, or individual in existence, knowing the bill, note, check, or instrument in writing to be fictitious, is guilty of forgery and punishable as provided by section 18-3604.
History:
[18-3606, added 1972, ch. 336, sec. 1, p. 918.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 36 - FORGERY AND COUNTERFEITING › Section 18-3607 - COUNTERFEITING COIN OR BULLION.

18-3607. COUNTERFEITING COIN OR BULLION. Every person who counterfeits any of the species of gold or silver coin current in this state, or any kind of species of gold dust, gold or silver bullion, or bars, lumps, pieces, or nuggets, or who sells, passes, or gives in payment such counterfeit coin, dust, bullion, bars, lumps, pieces, or nuggets, or permits, causes or procures the same to be sold, uttered or passed, with intention to defraud any person, knowing the same to be counterfeited, is guilty of counterfeiting.
History:
[18-3607, added 1972, ch. 336, sec. 1, p. 918.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 36 - FORGERY AND COUNTERFEITING › Section 18-3608 - PUNISHMENT FOR COUNTERFEITING.

18-3608. PUNISHMENT FOR COUNTERFEITING. Counterfeiting is punishable by imprisonment in the state prison for not less than one (1) nor more than fourteen (14) years.
History:
[18-3608, added 1972, ch. 336, sec. 1, p. 918.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 36 - FORGERY AND COUNTERFEITING › Section 18-3609 - POSSESSION OF COUNTERFEIT COIN.

18-3609. POSSESSION OF COUNTERFEIT COIN. Every person who has in his possession, or receives for any other person, any counterfeit gold or silver coin of the species current in this state, or any counterfeit gold dust, gold or silver bullion or bars, lumps, pieces, or nuggets, with the intention to sell, utter, put off, or pass the same, or permits, causes, or procures the same to be sold, uttered, or passed, with intention to defraud any person, knowing the same to be counterfeit, is punishable by imprisonment in the state prison not less than one (1) nor more than fourteen (14) years.
History:
[18-3609, added 1972, ch. 336, sec. 1, p. 918.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 36 - FORGERY AND COUNTERFEITING › Section 18-3610 - POSSESSION OF COUNTERFEITING APPARATUS.

18-3610. POSSESSION OF COUNTERFEITING APPARATUS. Every person who makes, or knowingly has in his possession any die, plate, or any apparatus, metal, machine, or other thing whatever, made use of in counterfeiting coin, current in this state, or in counterfeiting gold dust, gold or silver bars, bullion, lump, pieces or nuggets, or in counterfeiting bank notes, bank bills, financial transaction cards, cashier’s checks, money orders, travelers checks, or any check, draft or order for the payment of money upon any bank or depository drawn on any person, firm or corporation, is punishable by imprisonment in the state prison not less than one (1) nor more than fourteen (14) years; and all such dies, plates, apparatus, paper, metal, or machine, intended for the purpose aforesaid, must be destroyed.
History:
[18-3610, added 1972, ch. 336, sec. 1, p. 918; am. 1982, ch. 220, sec. 1, p. 596.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 36 - FORGERY AND COUNTERFEITING › Section 18-3611 - COUNTERFEITING RAILROAD TICKET.

18-3611. COUNTERFEITING RAILROAD TICKET. Every person who counterfeits, forges, or alters, any ticket, check, order, coupon, receipt for fare, or pass, issued by any railroad company, or by any lessee or manager thereof, designed to entitle the holder to ride in the cars of such company, or who utters, publishes, or puts into circulation, any such counterfeit or altered ticket, check, or order, coupon, receipt for fare, or pass, with intent to defraud any such railroad company, or any lessee thereof, or any other person, is punishable by imprisonment in the state prison, or in the county jail, not exceeding one (1) year, or by fine not exceeding $1000, or by both such imprisonment and fine.
History:
[18-3611, added 1972, ch. 336, sec. 1, p. 919.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 36 - FORGERY AND COUNTERFEITING › Section 18-3612 - RESTORING CANCELED RAILROAD TICKETS.

18-3612. RESTORING CANCELED RAILROAD TICKETS. Every person who, for the purpose of restoring to its original appearance and nominal value in whole or in part, removes, conceals, fills up, or obliterates, the cuts, marks, punch holes, or other evidence of cancelation, from any ticket, check, order, coupon, receipt for fare, or pass, issued by any railroad company, or by any lessee or manager thereof, canceled in whole or in part, with intent to dispose of by sale or gift, or to circulate the same, or with intent to defraud the railroad company, or lessee thereof, or any other person, or who, with like intent to defraud, offers for sale, or in payment of fare on the railroad of the company, such ticket, check, order, coupon, or pass, knowing the same to have been so restored, in whole or in part, is punishable by imprisonment in the county jail not exceeding six (6) months, or by a fine not exceeding $1000, or by both such imprisonment and fine.
History:
[18-3612, added 1972, ch. 336, sec. 1, p. 919.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 36 - FORGERY AND COUNTERFEITING › Section 18-3613 - SIMULATION OF SWITCH AND CAR KEYS.

18-3613. SIMULATION OF SWITCH AND CAR KEYS. It shall be unlawful for any person by himself or another, without the written order or consent of such common carrier, to make, simulate, sell or dispose of any key belonging to or which might be used to open or unlock any switch, lock, car lock, or locks, used upon or belonging to any switch or car of any kind owned, controlled or operated by any common carrier in this state. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail not less than thirty (30) days nor more than six (6) months.
History:
[18-3613, added 1972, ch. 336, sec. 1, p. 919; am. 2005, ch. 359, sec. 7, p. 1135.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 36 - FORGERY AND COUNTERFEITING › Section 18-3614 - FORGING OR COUNTERFEITING TRADE-MARKS.

18-3614. FORGING OR COUNTERFEITING TRADE-MARKS. Every person who wilfully forges or counterfeits or procures to be forged or counterfeited, any trade-mark usually affixed by any person to his goods, with intent to pass off any goods to which such forged or counterfeited trade-mark is affixed or intended to be affixed, as the goods of such person, is guilty of a misdemeanor.
History:
[18-3614, added 1972, ch. 336, sec. 1, p. 919.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 36 - FORGERY AND COUNTERFEITING › Section 18-3615 - SALE OF COUNTERFEIT GOODS.

18-3615. SALE OF COUNTERFEIT GOODS. Every person who sells or keeps for sale any goods upon or to which any counterfeited trade-mark has been affixed, intending to represent such goods as the genuine goods of another, knowing the same to be counterfeited, is guilty of a misdemeanor.
History:
[18-3615, added 1972, ch. 336, sec. 1, p. 919.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 36 - FORGERY AND COUNTERFEITING › Section 18-3616 - FORGED AND COUNTERFEIT TRADE-MARKS DEFINED.

18-3616. FORGED AND COUNTERFEIT TRADE-MARKS DEFINED. The phrases "forged trade-mark" and "counterfeited trade-marks," or their equivalents, as used in this chapter include every alteration or imitation of any trade-mark so resembling the original as to be likely to deceive.
History:
[18-3616, added 1972, ch. 336, sec. 1, p. 920.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 36 - FORGERY AND COUNTERFEITING › Section 18-3617 - TRADEMARK DEFINED.

18-3617. TRADEMARK DEFINED. The phrase "trademark" as used in the three (3) preceding sections, includes every description of word, letter, device, emblem, stamp, imprint, brand, printed ticket, label or wrapper usually affixed by any mechanic, manufacturer, druggist, merchant or tradesman, to denote any goods to be goods imported, manufactured, produced, compounded or sold by him, other than any name, word, or expression generally denoting any goods to be of some particular class or description.
History:
[18-3617, added 1972, ch. 336, sec. 1, p. 920.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 36 - FORGERY AND COUNTERFEITING › Section 18-3619 - SLUGS OR COUNTERFEITED COINS — PENALTY FOR USE IN VENDING MACHINES OR COIN-BOXES.

18-3619. SLUGS OR COUNTERFEITED COINS — PENALTY FOR USE IN VENDING MACHINES OR COIN-BOXES. Any person who, by means of any token, slug, false or counterfeited coin, or by any other means, method, trick or device whatsoever not lawfully authorized by the owner, lessee, or licensee of any vending machine, coin-box telephone or other receptacle designed to receive or be operated by lawful coin of the United States of America in furtherance of or connection with the sale, use or enjoyment of property or service, knowingly shall operate or cause to be operated, or shall attempt to operate or attempt to cause to be operated, any vending machine, coin-box telephone or other receptacle designed to receive or be operated by lawful coin of the United States of America, or whoever shall take, obtain, accept or receive, from or by means of any such machine, coin-box telephone or other receptacle, any article of value or service or the use or enjoyment of any telephone, telegraph or other facility or service, without depositing in, delivering to and payment into such machine, coin-box telephone or receptacle the amount of lawful coin of the United States of America required therefor by the owner, lessee or licensee of such machine, coin-box telephone or other receptacle, shall be fined not more than two hundred dollars ($200.00), or imprisoned not more than sixty (60) days, or both.
History:
[I.C., sec. 18-3619, as added by 1972, ch. 336, sec. 1, p. 920.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 36 - FORGERY AND COUNTERFEITING › Section 18-3620 - SLUGS OR COUNTERFEITED COINS — PENALTY FOR MANUFACTURE OR SALE.

18-3620. SLUGS OR COUNTERFEITED COINS — PENALTY FOR MANUFACTURE OR SALE. Any person who knowingly or having cause to believe that the same is intended for fraudulent or unlawful use on the part of the purchaser, donee or user thereof shall manufacture for sale, sell or give away any token, slug, blank, disc, tag, planchet, false, mutilated, sweated or counterfeited coin or any device or substance whatsoever intended or calculated to be placed, deposited or used or which may be so placed, deposited or used in any vending machine, coin-box telephone or other receptacle designed to receive or be operated by lawful coin of the United States of America in furtherance or connection with the sale, use or enjoyment of the property or service or the use or enjoyment of any telephone, telegraph or other facilities or service, shall be fined not more than two hundred dollars ($200.00), or imprisoned not more than sixty (60) days, or both.
History:
[18-3620, added 1972, ch. 336, sec. 1, p. 921.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 38 - GAMING › Section 18-3801 - GAMBLING DEFINED.

18-3801. GAMBLING DEFINED. "Gambling" means risking any money, credit, deposit or other thing of value for gain contingent in whole or in part upon lot, chance, the operation of a gambling device or the happening or outcome of an event, including a sporting event, the operation of casino gambling including, but not limited to, blackjack, craps, roulette, poker, bacarrat [baccarat] or keno, but does not include:
(1) Bona fide contests of skill, speed, strength or endurance in which awards are made only to entrants or the owners of entrants; or
(2) Bona fide business transactions which are valid under the law of contracts; or
(3) Games that award only additional play; or
(4) Merchant promotional contests and drawings conducted incidentally to bona fide nongaming business operations, if prizes are awarded without consideration being charged to participants; or
(5) Other acts or transactions now or hereafter expressly authorized by law.
History:
[I.C., sec. 18-3801, as added by lst Ex. Session 1992, ch. 2, sec. 3, p. 5.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 38 - GAMING › Section 18-3802 - GAMBLING PROHIBITED.

18-3802. GAMBLING PROHIBITED. (1) A person is guilty of gambling if he:
(a) Participates in gambling; or
(b) Knowingly permits any gambling to be played, conducted or dealt upon or in any real or personal property owned, rented, or under the control of the actor, whether in whole or in part.
(2) Gambling is a misdemeanor.
History:
[I.C., sec. 18-3802, as added by lst Ex. Session 1992, ch. 2, sec. 4, p. 5.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 38 - GAMING › Section 18-3809 - BOOKMAKING AND POOL SELLING.

18-3809. BOOKMAKING AND POOL SELLING. Any person who for gain, hire or profit engages in pool selling or bookmaking at any time or place within this state; or any person who keeps or occupies any room, shed, tenement, tent, booth or building, float or vessel, or any part thereof, or who occupies any place or stand of any kind, upon any public or private grounds within this state, with books, papers, paraphernalia, or mechanical device, for the purpose of engaging in pool selling or bookmaking, or recording or registering bets or wagers; or who sells pools or makes books upon the result of any trial or contest of skill, speed or power of endurance of man or beast for gain, hire or reward; or any person who, for gain, hire or reward, receives, registers, records and forwards to any other place, within or without this state, any money, consideration or thing of value for the purpose of having it there bet or wagered by or for any person, who at such place sells pools or makes books upon any such event, or any person who, being the owner, lessee or occupant of any such room, shed, tenement, tent, booth or building, float or vessel, or part thereof, or any grounds within this state, knowingly and willfully permits the same to be occupied and used for any of the purposes aforesaid, unless unable to legally prevent the same; or any person who aids, assists or abets in any manner in any of said acts which are hereby forbidden, is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for a period of not more than six (6) months or by both such fine and imprisonment.
History:
[18-3809, added 1972, ch. 336, sec. 1, p. 923; am. 2006, ch. 71, sec. 12, p. 220.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 38 - GAMING › Section 18-3810 - SLOT MACHINES — POSSESSION UNLAWFUL — EXCEPTION.

18-3810. SLOT MACHINES — POSSESSION UNLAWFUL — EXCEPTION. (1) Except as otherwise provided in this section, it shall be a misdemeanor for any person to use, possess, operate, keep, sell, or maintain for use or operation or otherwise, anywhere within the state of Idaho, any slot machine of any sort or kind whatsoever.
(2) The provisions of section 18-3804, Idaho Code, shall not apply to antique slot machines. For the purpose of this section, an antique slot machine is a slot machine manufactured prior to 1950, the operation of which is exclusively mechanical in nature and is not aided in whole or in part by any electronic means.
(3) Antique slot machines may be sold, possessed or located for purposes of display only and not for operation.
(4) An antique slot machine may not be operated for any purpose.
History:
[18-3810, added 1986, ch. 8, sec. 2, p. 49; am. 2006, ch. 71, sec. 13, p. 220.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 39 - HIGHWAYS AND BRIDGES › Section 18-3905 - TRANSPORTATION OF HAZARDOUS WASTE.

18-3905. TRANSPORTATION OF HAZARDOUS WASTE. (1) Whenever hazardous waste, as defined in section 39-4403, Idaho Code, is being transported on highways or roads of this state, it shall be transported in a manner which will not endanger the health, welfare or safety of the citizens of the state of Idaho and it shall be transported in compliance with the laws of the state of Idaho and rules and regulations promulgated thereto.
(2) Any person who transports hazardous waste or any generator of hazardous waste or other person who causes hazardous waste to be transported on highways or roads of this state in a manner which will endanger the health, welfare or safety of the citizens of the state of Idaho, or who transports or causes hazardous waste to be transported on highways or roads of this state in a manner which is not in compliance with the laws of the state of Idaho and any rules and regulations promulgated pursuant thereto shall be guilty of a misdemeanor and shall be subject to a fine of not more than ten thousand dollars ($10,000), imprisonment for a period of not more than six (6) months, or by both such fine and imprisonment. This penalty shall be in addition to any other civil or criminal penalties which may be provided by law.
History:
[18-3905, added 1984, ch. 205, sec. 13, p. 511.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 39 - HIGHWAYS AND BRIDGES › Section 18-3906 - PLACING DEBRIS ON HIGHWAYS.

18-3906. PLACING DEBRIS ON HIGHWAYS. (1) It shall constitute an infraction for any person to throw from any vehicle, place, deposit or permit to be deposited upon or alongside of any highway, street, alley or easement used by the public for public travel, any debris, paper, litter, glass bottles, glass, nails, tacks, hooks, hoops, cans, barbed wire, boards, trash or garbage, lighted material, or other waste substance, and is punishable by a fine of one hundred fifty dollars ($150). A second conviction under this section within two (2) years of the commission of the prior offense for which the person was convicted shall constitute an infraction and be punishable by a fine not exceeding three hundred dollars ($300). A third conviction under this section within three (3) years of the first offense for which the person was convicted shall constitute a misdemeanor and be punishable by a fine not exceeding one thousand dollars ($1,000) and by imprisonment in the county jail not exceeding thirty (30) days. For the purposes of this section, the terms "highway," "street," "alley" or "easement" shall be construed to include the entire right-of-way of such highway, street, alley or easement. The Idaho transportation department is directed to post along state highways, at convenient and appropriate places, notices of the context of said law.
(2) Notwithstanding the provisions of section 19-4705, Idaho Code, the court may order that fifty dollars ($50.00) of the fine imposed under the provisions of this section be paid by the defendant to the person or persons, other than the officer making the arrest, who, in the judgment of the court, provided information that led directly to the arrest and conviction of the defendant.
(3) It shall constitute a misdemeanor for any person to willfully throw, deposit, or place, or to lose and willfully leave upon or alongside of any highway or street used by the public for public travel, any debris, substance, object or material that impedes traffic or creates a hazardous driving condition, and is punishable by a fine not exceeding two thousand five hundred dollars ($2,500) or by imprisonment in the county jail not exceeding six (6) months, or by both.
History:
[18-3906, added 1972, ch. 336, sec. 1, p. 925; am. 1974, ch. 12, sec. 86, p. 61; am. 1986, ch. 298, sec. 1, p. 747; am. 2015, ch. 177, sec. 1, p. 578; am. 2015, ch. 183, sec. 1, p. 587.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 39 - HIGHWAYS AND BRIDGES › Section 18-3907 - OBSTRUCTION OF HIGHWAYS.

18-3907. OBSTRUCTION OF HIGHWAYS. Any person who obstructs, injures or damages any public road, street or highway, either by placing obstruction therein or by digging in, deepening or deviating the water of any stream, or by placing any obstruction in any ditch or stream within or along any public road, street or highway, or by placing or constructing any obstruction, ditch or embankments upon his own or other lands, so as to make or cause any water to flow upon or impair any public road, street or highway, or rides or drives upon and along the sidewalk of any road, street or highway, whenever such sidewalk has been graded or graveled, located or designated by any order of the board of commissioners or city council, or prepared in any other manner dedicating and designating the same for and to that particular use and purpose, either by the property owner or by the public, or in any other manner injures or obstructs any public road, street or highway, is guilty of a misdemeanor.
History:
[I.C., sec. 18-3907, as added by 1972, ch. 336, sec. 1, p. 925.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 39 - HIGHWAYS AND BRIDGES › Section 18-3908 - FLOODING HIGHWAYS.

18-3908. FLOODING HIGHWAYS. Any person who runs water either by flooding or sprinkler irrigation across any public highway, road or street, without first constructing a good and sufficient ditch or ditches to convey the same, or who fails to bridge such ditch or ditches, or to keep such bridge or ditches in good repair, or to ensure that the flow from the sprinkler does not flood the public highway, road or street and all persons, companies or corporations who suffer any water used by them for the purpose of irrigation, or any other purposes, to flow into or upon any public highway, road or street, in any other manner than that authorized by law, are guilty of an infraction on the first offense, and shall be guilty of a misdemeanor for each offense thereafter per calendar year, and upon conviction thereof shall be fined fifty dollars ($50.00), and for a second offense, double said fine and costs; and it is hereby made the duty of all road supervisors, constables and marshals, to make complaint before the proper court, for violations of this section, whenever notified or having knowledge thereof. A person may not be charged under the provisions of this chapter if the flooding from a sprinkler or other water conveyance system is a result of mechanical failure, wind or other climatic condition, or other circumstances outside of the control of the person.
History:
[18-3908, added 1972, ch. 336, sec. 1, p. 925; am. 2001, ch. 289, sec. 1, p. 1026; am. 2015, ch. 198, sec. 2, p. 608.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 39 - HIGHWAYS AND BRIDGES › Section 18-3910 - EVASION OF TOLL.

18-3910. EVASION OF TOLL. Every person not exempt from paying tolls who crosses on any ferry or toll bridge, or passes through any toll gate, lawfully kept, without paying the toll therefor and with intent to avoid such payment is punishable by fine not exceeding $20.00.
History:
[I.C., sec. 18-3910, as added by 1972, ch. 336, sec. 1, p. 926.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 39 - HIGHWAYS AND BRIDGES › Section 18-3911 - WILD FLOWERS OR SHRUBS ALONG HIGHWAY — REMOVAL OR TRANSPORT ILLEGAL.

18-3911. WILD FLOWERS OR SHRUBS ALONG HIGHWAY — REMOVAL OR TRANSPORT ILLEGAL. (1) It is the duty of all citizens of this state to protect the wild flowers of this state referred to in this section from needless destruction and waste.
(2) It shall be unlawful for any person in this state to wilfully and negligently cut, dig up, trim, pick, or remove, any plant, flower, shrub, bush, fruit or other vegetation growing upon the right of way of any public highway within this state.
(3) It shall be unlawful for any person to export from this state, or to sell or offer for sale or transport bulbs, corms, rhizomes, roots or plants of native wild flowers or shrubs of the state of any of the following genera:
a. Tiger lily … Lilium Columbianum
b. Queen Cup … Clintonia uniflora
c. Trillium (both species)
d. Lady’s Slipper … Cypripedium montanum
e. Stream orchis … Epipactis Gigantea
f. Coral root … Corallorhiza (all species)
g. Columbine … Aquilegia formosa
h. Syringa or mock orange … Philadelphus lewisii
i. Dogwood … Cornus nuttallii and canadensis
j. Indian Pipe Family (all members)
k. Rhododendron (all species)
l. Twin Flower … Linnaea americana
m. Mission bells or rive root … Fritillaria lanceolata
n. Bitter root … Lewisia rediviva
o. Angel slipper, fairy slipper … Calypso bulbosa
(4) It shall be unlawful for any person to sell or transport or offer for sale the bulbs, corms, rhizomes, roots or parts of any of the plants or shrubs mentioned in subsections (2) and (3) of this section which have been dug, pulled up or gathered upon any highway.
(5) The provisions of this section shall not be construed to apply to any employee of the federal government or of the state of Idaho or of any political subdivision of the state engaged in work upon any state, county or public road or highway while performing such work under the supervision of the federal government, the state or any political subdivision thereof.
(6) The provisions of this section shall not be construed to apply to the owner of any tract or tracts of land, or to his agents or employee, as to such tract or tracts, or to any shrub, plant or other vegetation which is declared by law to be a public nuisance.
(7) Nothing in this section shall be construed as prohibiting the digging, pulling, gathering or sending out of this state, at such times the Idaho transportation department may approve, any propagated plants or shrubs mentioned in subsections (2) and (3) of this section, in such quantity and at such times as the agency or persons having control of the land, public or private, may determine and approve.
History:
[I.C., sec. 18-3911, as added by 1972, ch. 336, sec. 1, p. 926; am. 1974, ch. 12, sec. 87, p. 61.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 39 - HIGHWAYS AND BRIDGES › Section 18-3912 - PROSECUTION OF VIOLATORS — DUTY OF TRANSPORTATION DEPARTMENT.

18-3912. PROSECUTION OF VIOLATORS — DUTY OF TRANSPORTATION DEPARTMENT. Insofar as the state highway system is concerned, it shall be the duty of the Idaho transportation department and of all its employees to present evidence of any violation of the provisions of this act to the prosecuting attorney of the county in which any such violations occur. Such prosecuting attorney shall prosecute any person guilty of a violation of the provisions of this act.
History:
[I.C., sec. 18-3912, as added by 1972, ch. 336, sec. 1, p. 927; am. 1974, ch. 12, sec. 88, p. 61.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 39 - HIGHWAYS AND BRIDGES › Section 18-3913 - WILD FLOWERS PROTECTED — AMENDED LIST — DUTY OF DEPARTMENT OF FISH AND GAME.

18-3913. WILD FLOWERS PROTECTED — AMENDED LIST — DUTY OF DEPARTMENT OF FISH AND GAME. (a) In order to further protect native wild flowers and shrubs from needless destruction and waste, the department of fish and game may, after investigation and public hearings and in accordance with the provisions of this act, establish and amend a list of wild flowers and shrubs in addition to those listed in section 18-3911(3), Idaho Code. The provisions of this act will then apply to such "established" or "amended" list.
(b) In determining additions to the list of wild flowers set forth herein, the department of fish and game may take into consideration:
(1) The laws and regulations of the United States and other states.
(2) The effect on the scenic beauty of public roads and public land.
(3) The necessity to preserve and protect native plants whenever it appears that they might possibly become extinct.
History:
[I.C., sec. 18-3913, as added by 1972, ch. 336, sec. 1, p. 927; am. 2003, ch. 129, sec. 1, p. 380.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 39 - HIGHWAYS AND BRIDGES › Section 18-3914 - VIOLATION A MISDEMEANOR.

18-3914. VIOLATION A MISDEMEANOR. A violation of this chapter and regulations authorized by this act is a misdemeanor unless the violation is defined as an infraction.
History:
[I.C., sec. 18-3914, as added by 1972, ch. 336, sec. 1, p. 928; am. 2001, ch. 289, sec. 2, p. 1027.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 40 - HOMICIDE › Section 18-4001 - MURDER DEFINED.

18-4001. MURDER DEFINED. Murder is the unlawful killing of a human being including, but not limited to, a human embryo or fetus, with malice aforethought or the intentional application of torture to a human being, which results in the death of a human being. Torture is the intentional infliction of extreme and prolonged pain with the intent to cause suffering. It shall also be torture to inflict on a human being extreme and prolonged acts of brutality irrespective of proof of intent to cause suffering. The death of a human being caused by such torture is murder irrespective of proof of specific intent to kill; torture causing death shall be deemed the equivalent of intent to kill.
History:
[18-4001, added 1972, ch. 336, sec. 1, p. 928; am. 1977, ch. 154, sec. 1, p. 390; am. 2002, ch. 330, sec. 1, p. 935.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 40 - HOMICIDE › Section 18-4002 - EXPRESS AND IMPLIED MALICE.

18-4002. EXPRESS AND IMPLIED MALICE. Such malice may be express or implied. It is express when there is manifested a deliberate intention unlawfully to take away the life of a fellow creature. It is implied when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart.
History:
[18-4002, added 1972, ch. 336, sec. 1, p. 928.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 40 - HOMICIDE › Section 18-4003 - DEGREES OF MURDER.

18-4003. DEGREES OF MURDER. (a) All murder which is perpetrated by means of poison, or lying in wait, or torture, when torture is inflicted with the intent to cause suffering, to execute vengeance, to extort something from the victim, or to satisfy some sadistic inclination, or which is perpetrated by any kind of willful, deliberate and premeditated killing is murder of the first degree.
(b) Any murder of any peace officer, executive officer, officer of the court, fireman, judicial officer or prosecuting attorney who was acting in the lawful discharge of an official duty, and was known or should have been known by the perpetrator of the murder to be an officer so acting, shall be murder of the first degree.
(c) Any murder committed by a person under a sentence for murder of the first or second degree, including such persons on parole or probation from such sentence, shall be murder of the first degree.
(d) Any murder committed in the perpetration of, or attempt to perpetrate, aggravated battery on a child under twelve (12) years of age, arson, rape, robbery, burglary, kidnapping or mayhem, or an act of terrorism, as defined in section 18-8102, Idaho Code, or the use of a weapon of mass destruction, biological weapon or chemical weapon, is murder of the first degree.
(e) Any murder committed by a person incarcerated in a penal institution upon a person employed by the penal institution, another inmate of the penal institution or a visitor to the penal institution shall be murder of the first degree.
(f) Any murder committed by a person while escaping or attempting to escape from a penal institution is murder of the first degree.
(g) All other kinds of murder are of the second degree.
History:
[18-4003, added 1972, ch. 336, sec. 1, p. 928; am. 1973, ch. 276, sec. 1, p. 588; am. 1977, ch. 154, sec. 2, p. 390; am. 1991, ch. 227, sec. 1, p. 546; am. 2002, ch. 222, sec. 4, p. 627.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 40 - HOMICIDE › Section 18-4004 - PUNISHMENT FOR MURDER.

18-4004. PUNISHMENT FOR MURDER. Subject to the provisions of sections 19-2515 and 19-2515A, Idaho Code, every person guilty of murder of the first degree shall be punished by death or by imprisonment for life, provided that a sentence of death shall not be imposed unless the prosecuting attorney filed written notice of intent to seek the death penalty as required under the provisions of section 18-4004A, Idaho Code, and provided further that whenever the death penalty is not imposed the court shall impose a sentence. If a jury, or the court if a jury is waived, finds a statutory aggravating circumstance beyond a reasonable doubt but finds that the imposition of the death penalty would be unjust, the court shall impose a fixed life sentence. If a jury, or the court if a jury is waived, does not find a statutory aggravating circumstance beyond a reasonable doubt or if the death penalty is not sought, the court shall impose a life sentence with a minimum period of confinement of not less than ten (10) years during which period of confinement the offender shall not be eligible for parole or discharge or credit or reduction of sentence for good conduct, except for meritorious service. Every person guilty of murder of the second degree is punishable by imprisonment not less than ten (10) years and the imprisonment may extend to life.
History:
[I.C., sec. 18-4004, as added by 1972, ch. 336, sec. 1, p. 928; am. 1973, ch. 276, sec. 2, p. 588; am. 1977, ch. 154, sec. 3, p. 391; am. 1986, ch. 232, sec. 2, p. 639; am. 1998, ch. 96, sec. 1, p. 343; am. 2003, ch. 19, sec. 1, p. 71; am. 2003, ch. 136, sec. 1, p. 394.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 40 - HOMICIDE › Section 18-4004A - NOTICE OF INTENT TO SEEK DEATH PENALTY.

18-4004A. NOTICE OF INTENT TO SEEK DEATH PENALTY. (1) A sentence of death shall not be imposed unless the prosecuting attorney filed written notice of intent to seek the death penalty with the court and served the notice upon the defendant or his attorney of record no later than sixty (60) days after entry of a plea. Any notice of intent to seek the death penalty shall include a listing of the statutory aggravating circumstances that the state will rely on in seeking the death penalty. The state may amend its notice upon a showing of good cause at any time prior to trial. A notice of intent to seek the death penalty may be withdrawn at any time prior to the imposition of sentence. However, upon a showing of good cause, and a stipulation by the state and the defendant and his attorney of record the court may extend the time for the filing of the notice of intent to seek the death penalty for a reasonable period of time.
(2) In the event that the prosecuting attorney does not file a notice of intent to seek the death penalty or otherwise puts the court on notice that the state does not intend to seek the death penalty, the court shall inform potential jurors at the outset of jury selection that the death penalty is not a sentencing option for the court or the jury.
History:
[18-4004A, added 1998, ch. 96, sec. 2, p. 344; am. 2003, ch. 19, sec. 2, p. 71; am. 2008, ch. 300, sec. 1, p. 837.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 40 - HOMICIDE › Section 18-4005 - PETIT TREASON ABOLISHED.

18-4005. PETIT TREASON ABOLISHED. The rules of the common law, distinguishing the killing of a master by his servant, and of a husband by his wife, as petit treason, are abolished, and these offenses are homicides, punishable in the manner prescribed by this chapter.
History:
[18-4005, added 1972, ch. 336, sec. 1, p. 928.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 40 - HOMICIDE › Section 18-4006 - MANSLAUGHTER DEFINED.

18-4006. MANSLAUGHTER DEFINED. Manslaughter is the unlawful killing of a human being including, but not limited to, a human embryo or fetus, without malice. It is of three (3) kinds:
(1) Voluntary — upon a sudden quarrel or heat of passion.
(2) Involuntary — in the perpetration of or attempt to perpetrate any unlawful act, other than those acts specified in section 18-4003(d), Idaho Code; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection; or in the operation of any firearm or deadly weapon in a reckless, careless or negligent manner which produces death.
(3) Vehicular — in which the operation of a motor vehicle is a significant cause contributing to the death because of:
(a) The commission of an unlawful act, not amounting to a felony, with gross negligence; or
(b) The commission of a violation of section 18-8004 or 18-8006, Idaho Code; or
(c) The commission of an unlawful act, not amounting to a felony, without gross negligence.
Notwithstanding any other provision of law, any evidence of conviction under subsection (3)(b) of this section shall be admissible in any civil action for damages resulting from the occurrence. A conviction for the purposes of subsection (3)(b) 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:
[18-4006, added 1972, ch. 336, sec. 1, p. 928; am. 1983, ch. 3, 1st E.S., sec. 17, p. 21; am. 1984, ch. 22, sec. 5, p. 36; am. 1997, ch. 103, sec. 1, p. 244; am. 2002, ch. 330, sec. 2, p. 936; am. 2007, ch. 43, sec. 1, p. 104; am. 2009, ch. 166, sec. 1, p. 496.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 40 - HOMICIDE › Section 18-4007 - PUNISHMENT FOR MANSLAUGHTER.

18-4007. PUNISHMENT FOR MANSLAUGHTER. Manslaughter is punishable as follows:
(1) Voluntary — by a fine of not more than fifteen thousand dollars ($15,000), or by a sentence to the custody of the state board of correction not exceeding fifteen (15) years, or by both such fine and imprisonment.
(2) Involuntary — by a fine of not more than ten thousand dollars ($10,000), or by a sentence to the custody of the state board of correction not exceeding ten (10) years, or by both such fine and imprisonment.
(3) Vehicular — in the operation of a motor vehicle:
(a) For a violation of section 18-4006(3)(a), Idaho Code, by a fine of not more than ten thousand dollars ($10,000), or by a sentence to the custody of the state board of correction not exceeding ten (10) years, or by both such fine and imprisonment.
(b) For a violation of section 18-4006(3)(b), Idaho Code, by a fine of not more than fifteen thousand dollars ($15,000), or by a sentence to the custody of the state board of correction not exceeding fifteen (15) years, or by both such fine and imprisonment.
(c) For a violation of section 18-4006(3)(c), Idaho Code, by a fine of not more than two thousand dollars ($2,000), or by a jail sentence not exceeding one (1) year, or by both such fine and jail sentence.
(d) In addition to the foregoing, any person convicted of a violation of section 18-4006(3), Idaho Code, which resulted in the death of the parent or parents of minor children may be ordered by the court to pay support for each such minor child until the child reaches the age of eighteen (18) years. In setting the amount of support, the court shall consider all relevant factors. The nonpayment of such support shall be subject to enforcement and collection by the surviving parent or guardian of the child in the same manner that other child support orders are enforced as provided by law. In no event shall the child support judgment or order imposed by the court under this section be paid or indemnified by the proceeds of any liability insurance policy.
(e) In addition to the foregoing, the driver’s license of any person convicted of a violation of section 18-4006(3), Idaho Code, may be suspended for a time determined by the court.
History:
[18-4007, added 1983, ch. 3, 1st E.S., sec. 19, p. 22; am. 1992, ch. 33, sec. 1, p. 97; am. 1994, ch. 413, sec. 1, p. 1302; am. 1997, ch. 311, sec. 1, p. 922; am. 2002, ch. 356, sec. 1, p. 1013; am. 2009, ch. 166, sec. 2, p. 496.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 40 - HOMICIDE › Section 18-4009 - JUSTIFIABLE HOMICIDE BY ANY PERSON.

18-4009. JUSTIFIABLE HOMICIDE BY ANY PERSON. (1) Homicide is justifiable when committed by any person in any of the following cases:
(a) When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person;
(b) When committed in defense of habitation, a place of business or employment, occupied vehicle, property or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony, or against one who manifestly intends and endeavors, in a violent, riotous or tumultuous manner, to enter the habitation, place of business or employment or occupied vehicle of another for the purpose of offering violence to any person therein;
(c) When committed in the lawful defense of such person, or of a wife or husband, parent, child, master, mistress or servant of such person, when there is reasonable ground to apprehend a design to commit a felony or to do some great bodily injury, and imminent danger of such design being accomplished; but such person, or the person in whose behalf the defense was made, if he was the assailant or engaged in mortal combat, must really and in good faith have endeavored to decline any further struggle before the homicide was committed; or
(d) When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed, or in lawfully suppressing any riot, or in lawfully keeping and preserving the peace.
(2) For purposes of subsection (1)(b) of this section, a person who unlawfully and by force or by stealth enters or attempts to enter a habitation, place of business or employment or occupied vehicle is presumed to be doing so with the intent to commit a felony.
(3) For purposes of this section:
(a) "Habitation" means any building, inhabitable structure or conveyance of any kind, whether the building, inhabitable structure or conveyance is temporary or permanent, mobile or immobile, including a tent, and is designed to be occupied by people lodging therein at night, and includes a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest, and includes the curtilage of any such dwelling.
(b) "Place of business or employment" means a commercial enterprise or establishment owned by a person as all or part of the person’s livelihood or is under the owner’s control or under control of an employee or agent of the owner with responsibility for protecting persons and property and shall include the interior and exterior premises of the place of business or employment.
(c) "Vehicle" means any motorized vehicle that is self-propelled and designed for use on public highways to transport people or property.
History:
[18-4009, added 1972, ch. 336, sec. 1, p. 930; am. 2018, ch. 222, sec. 1, p. 500.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 40 - HOMICIDE › Section 18-4011 - JUSTIFIABLE HOMICIDE BY OFFICER.

18-4011. JUSTIFIABLE HOMICIDE BY OFFICER. Homicide is justifiable when committed by public officers and those acting by their command in their aid and assistance, either:
1. In obedience to any judgment of a competent court; or
2. When reasonably necessary in overcoming actual resistance to the execution of some legal process, or in the discharge of any other legal duty including suppression of riot or keeping and preserving the peace. Use of deadly force shall not be justified in overcoming actual resistance unless the officer has probable cause to believe that the resistance poses a threat of death or serious physical injury to the officer or to other persons; or
3. When reasonably necessary in preventing rescue or escape or in retaking inmates who have been rescued or have escaped from any jail, or when reasonably necessary in order to prevent the escape of any person charged with or suspected of having committed a felony, provided the officer has probable cause to believe that the inmate, or persons assisting his escape, or the person suspected of or charged with the commission of a felony poses a threat of death or serious physical injury to the officer or other persons.
History:
[18-4011, added 1972, ch. 336, sec. 1, p. 931; am. 1986, ch. 303, sec. 2, p. 755.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 40 - HOMICIDE › Section 18-4012 - EXCUSABLE HOMICIDE.

18-4012. EXCUSABLE HOMICIDE. Homicide is excusable in the following cases:
1. When committed by accident and misfortune in doing any lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent.
2. When committed by accident and misfortune, in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat when no undue advantage is taken nor any dangerous weapon used, and when the killing is not done in a cruel or unusual manner.
History:
[I.C., sec. 18-4012, as added by 1972, ch. 336, sec. 1, p. 931.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 40 - HOMICIDE › Section 18-4013 - DISCHARGE OF DEFENDANT WHEN HOMICIDE JUSTIFIABLE OR EXCUSABLE.

18-4013. DISCHARGE OF DEFENDANT WHEN HOMICIDE JUSTIFIABLE OR EXCUSABLE. The homicide appearing to be justifiable or excusable, the person indicted must, upon his trial, be fully acquitted and discharged.
History:
[18-4013, added 1972, ch. 336, sec. 1, p. 931.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 40 - HOMICIDE › Section 18-4014 - ADMINISTERING POISON WITH INTENT TO KILL.

18-4014. ADMINISTERING POISON WITH INTENT TO KILL. Every person who, with intent to kill, administers or causes or procures to be administered, to another, any poison or other noxious or destructive substance or liquid, but by which death is not caused, is punishable by imprisonment in the state prison not less than ten (10) years, and the imprisonment may be extended to life.
History:
[18-4014, added 1972, ch. 336, sec. 1, p. 931.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 40 - HOMICIDE › Section 18-4015 - ASSAULT WITH INTENT TO MURDER.

18-4015. ASSAULT WITH INTENT TO MURDER. Every person who assaults another with intent to commit murder, is punishable by imprisonment in the state prison not less than one (1) nor more than fourteen (14) years.
History:
[18-4015, added 1972, ch. 336, sec. 1, p. 931.]