reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 24 - CHILDREN’S MENTAL HEALTH SERVICES › Section 16-2427 - DISCHARGE.

16-2427. DISCHARGE. (1) The responsible physician shall review periodically whether a child meets the criteria for involuntary treatment, and if he concludes that the person does not meet such criteria, he shall undertake discharge procedures.
(2) Discharge of any child may be delayed for a reasonable period of time in order to arrange transportation or lodging for the child, or for other good cause to protect the safety or well-being of the child.
(3) Involuntary treatment after discharge. A child who has been discharged from emergency evaluation, one hundred twenty (120) day involuntary treatment or a subsequent period of involuntary treatment may be subjected to further involuntary treatment only pursuant to the procedures provided in this chapter and upon a showing of new circumstances warranting such involuntary treatment which were not known at the time of discharge.
(4) Release to outpatient treatment. The responsible physician may, as part of an individual treatment plan for a child who is subject to involuntary treatment, release such child to outpatient treatment upon the condition that, if the child fails to follow through with, or respond acceptably to, such outpatient treatment, he may be returned to inpatient treatment without a court hearing during the effective period of the order, or until he meets the criteria for voluntary treatment or discharge. Within seventy-two (72) hours of his return to the facility, there must be an administrative review to determine if inpatient treatment is necessary. The review hearing must be conducted by the facility director or his designee, a physician, a social worker, psychologist, or nurse. The child and his parent, or guardian shall be given an opportunity to be represented by counsel and to present evidence and testimony.
(5) Habeas corpus. Nothing in this chapter shall limit other legal rights or remedies concerning discharge which a person may have pursuant to law, rule, regulation or policy, including the right to petition for a writ of habeas corpus.
History:
[16-2427, added 1997, ch. 404, sec. 1, p. 1297.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 24 - CHILDREN’S MENTAL HEALTH SERVICES › Section 16-2428 - CONFIDENTIALITY AND DISCLOSURE OF INFORMATION.

16-2428. CONFIDENTIALITY AND DISCLOSURE OF INFORMATION. All certificates, applications, records, and reports directly or indirectly identifying a patient or former patient or an individual whose involuntary treatment has been sought under this chapter shall be kept confidential and shall not be disclosed by any person except with the consent of the person identified or his legal guardian, if any, or as disclosure may be necessary to carry out any of the provisions of this chapter, or as a court may direct upon its determination that disclosure is necessary and that failure to make such disclosure would be contrary to public interest.
(1) No person in possession of confidential statements made by a child over the age of fourteen (14) years in the course of treatment may disclose such information to the child’s parent or others without the written permission of the child, unless such disclosure is necessary to obtain insurance coverage, to carry out the treatment plan or to prevent harm to the child or others, or unless authorized to disclose such information by order of a court.
(2) The child has the right of access to information regarding his treatment and has the right to have copies of information and to submit clarifying or correcting statements and other documentation of reasonable length for inclusion with his treatment record.
(3) Nothing in this section shall prohibit the denial of access to records by a child when a physician or other mental health professional believes and notes in the child’s medical records that the disclosure would be damaging to the child. In any case, the child has the right to petition the court for an order granting access.
(4) Access to records by the state protection and advocacy system shall be governed by 42 U.S.C. 10801 et seq., as amended.
History:
[16-2428, added 1997, ch. 404, sec. 1, p. 1297; am. 2020, ch. 82, sec. 8, p. 179.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 24 - CHILDREN’S MENTAL HEALTH SERVICES › Section 16-2429 - RIGHT TO REPRESENTATION.

16-2429. RIGHT TO REPRESENTATION. (1) Every child has the right to counsel to represent him at all proceedings under this chapter and to obtain the advice of an attorney at any time regarding his status under this chapter, at his or his parents’ expense. When a child has not retained an attorney and is unable to do so, or the child and his parents are unable to afford one, and proceedings under this chapter have been initiated in court, the court shall appoint an attorney to represent him in court proceedings.
(2) Every treatment facility shall establish a fair procedure for the assertion, resolution, and redress of grievances, and attempt to resolve problems and protect the rights of people treated by the facility. The child shall have the right to have a representative present at these proceedings, but not at public expense.
History:
[16-2429, added 1997, ch. 404, sec. 1, p. 1298.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 24 - CHILDREN’S MENTAL HEALTH SERVICES › Section 16-2430 - TRANSPORTATION.

16-2430. TRANSPORTATION. Following disposition by the department, it is the responsibility of the county sheriff to transport the person to the treatment facility. The department must notify the sheriff of the designated treatment facility within twenty-four (24) hours of the entry of the department’s disposition order. The county and the department shall allow for transportation by a family member or a member of the family and children’s services regional program staff whenever possible and determined to be in the best interests of the child.
History:
[16-2430, added 1997, ch. 404, sec. 1, p. 1298.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 24 - CHILDREN’S MENTAL HEALTH SERVICES › Section 16-2431 - COST OF INVOLUNTARY TREATMENT PROCEEDINGS.

16-2431. COST OF INVOLUNTARY TREATMENT PROCEEDINGS. All costs associated with the involuntary treatment proceedings, including usual and customary fees of designated examiners, transportation costs and all medical, psychiatric and hospital costs, shall be the responsibility of the parents of the child according to their ability to pay, based on the sliding fee scale established under section 16-2433, Idaho Code, or, if indigent, the county of such child’s residence after all personal, family and third party resources including medical assistance as authorized by title XIX of the social security act, as amended, are considered. The department shall assume responsibility for usual and customary treatment costs when the order for involuntary treatment is signed until the involuntary person is discharged and after all personal, family and third party resources are considered in accordance with section 66-354, Idaho Code. For the purposes of this section, "usual and customary treatment costs" includes room and board; support services rendered at a facility of the department; routine physical, medical, psychological and psychiatric examination and testing; and group and individual therapy, psychiatric treatment, medication and medical care which can be provided at a facility of the department or approved by the department. The term "usual and customary treatment costs" shall not include witness fees and expenses for court appearances. Counties shall have no responsibility for costs of voluntary treatment of children under this chapter. Counties shall have no responsibility to pay for the cost of involuntary treatment of children after the court order is signed. This section does not affect the right of any child to receive free mental health or developmental disability services under any publicly supported program or the right of any parent to reimbursement from, or payment on the child’s behalf by, any publicly supported program or private insurer.
History:
[16-2431, added 1997, ch. 404, sec. 1, p. 1298.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 24 - CHILDREN’S MENTAL HEALTH SERVICES › Section 16-2432 - FALSE STATEMENTS — PENALTIES.

16-2432. FALSE STATEMENTS — PENALTIES. (1) Any person who knowingly and willfully gives false information or takes other wrongful action for the purpose of distorting, corrupting or interfering with the process provided in this chapter shall be subject to a civil fine, and shall be liable for injunctive relief and money damages, in addition to any other liability under law.
(2) Nothing in this chapter shall be construed as diminishing or relieving any person from their duty to report instances of child neglect or abuse under chapter 16, title 16, Idaho Code, or any liability associated with failure to make such reports.
History:
[16-2432, added 1997, ch. 404, sec. 1, p. 1299.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 24 - CHILDREN’S MENTAL HEALTH SERVICES › Section 16-2433 - DEPARTMENT RULES.

16-2433. DEPARTMENT RULES. The director is authorized to promulgate rules necessary to implement this chapter that are consistent with its provisions including the development of a schedule of fees to be charged to parents by the department for services, based on the cost of services and the ability of parents to pay.
History:
[16-2433, added 1997, ch. 404, sec. 1, p. 1299.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 24 - CHILDREN’S MENTAL HEALTH SERVICES › Section 16-2434 - CONSTRUCTION.

16-2434. CONSTRUCTION. (1) As used in this chapter, pronouns refer to both male and female persons equally, and articles refer to singular and plural persons and things.
(2) If any provision of this chapter or its application to any person or circumstance is held invalid, it is the legislative intent that such invalidity not affect other provisions or applications which can be given effect apart from that which is invalidated, and to this end the provisions of this chapter shall be deemed severable.
(3) This chapter is intended as a unified, general chapter covering its subject matter, and accordingly none of its provisions shall be deemed to be repealed by implication by subsequent legislation if such a construction can reasonably be avoided.
History:
[16-2434, added 1997, ch. 404, sec. 1, p. 1299.]
2023 Idaho Code › Title 17 - APPEALS › Chapter 2 - APPEALS IN PROBATE MATTERS › Section 17-201 - APPEALABLE JUDGMENTS AND ORDERS.

17-201. APPEALABLE JUDGMENTS AND ORDERS. An appeal may be taken to the district court of the county from a judgment, or order of the magistrates division of the district court in probate matters:
1. Granting, refusing or revoking, or refusing to revoke, letters testamentary, or of administration, or of guardianship.
2. Admitting, or refusing to admit, a will to probate.
3. Against or in favor of the validity of a will, or revoking or refusing to revoke the probate thereof.
4. Against or in favor of setting apart property, or making an allowance for a widow or child.
5. Against or in favor of directing the partition, lease, mortgage, sale or conveyance of real property.
6. Settling an account of an executor, administrator or guardian.
7. Refusing, allowing or directing the distribution or partition of an estate, or any part thereof, or the payment of a debt, claim, legacy or distributive share.
8. Confirming report of appraiser setting apart the homestead.
History:
[(17-201) C.C.P. 1881, sec. 662; R.S., R.C., & C.L., sec. 4831; C.S., sec. 7173; am. 1927, ch. 68, sec. 1, p. 84; I.C.A., sec. 11-401; am. 1935, ch. 71, sec. 1, p. 125; am. 1971, ch. 269, sec. 1, p. 1074.]
2023 Idaho Code › Title 17 - APPEALS › Chapter 2 - APPEALS IN PROBATE MATTERS › Section 17-203 - EFFECT OF REVERSAL.

17-203. EFFECT OF REVERSAL. When the order or decree appointing an executor, administrator or guardian is reversed on appeal for error, and not for want of jurisdiction of the court, all lawful acts in administration upon the estate, performed by such executor, administrator or guardian, if he have [has] qualified, are as valid as if such order or decree had been affirmed.
History:
[(17-203) C.C.P. 1881, sec. 664; R.S., R.C., & C.L., sec. 4833; C.S., sec. 7175; I.C.A., sec. 11-403.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 1 - PRELIMINARY PROVISIONS › Section 18-100 - TITLE, EFFECT OF PRIOR LAW AND STATEMENT OF LEGISLATIVE INTENT.

18-100. TITLE, EFFECT OF PRIOR LAW AND STATEMENT OF LEGISLATIVE INTENT. (1) This title is called the Criminal Code.
(2) Except as provided in subsection (3) of this section, this code does not apply to offenses committed prior to its effective date [April 1, 1972] and prosecutions for such offenses shall be governed by the prior law, which is continued in effect for that purpose, as if this code were not in force. For the purposes of this section, an offense was committed prior to the effective date of this code if any of the elements of the offense occurred prior thereto.
(3) In any case pending on or after the effective date of this code, involving an offense committed prior to such date:
(a) procedural provisions of this code shall govern, insofar as they are justly applicable and their application does not introduce confusion or delay;
(b) provisions of this code according a defense or mitigation shall apply, with the consent of the defendant;
(c) the court, with the consent of the defendant, may impose sentence under the provisions of this code applicable to the offense and the offender.
(4) The purpose of this code is to re-establish the criminal laws of the state of Idaho that existed on December 31, 1971, unless otherwise specifically amended or repealed by this act.
Any provision of law that was in effect on December 31, 1971, is not repealed by inference or implication by enactment of this code.
(5) Any reference to the Penal and Correctional Code in effect on and between January 1, 1972 and March 31, 1972 (Chapter 143, Session Laws of 1971) shall be deemed to refer to a comparable provision in this code.
History:
[I.C., sec. 18-100, as added by 1972, ch. 381, sec. 1, p. 1102.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 1 - PRELIMINARY PROVISIONS › Section 18-101 - DEFINITION OF TERMS.

18-101. DEFINITION OF TERMS. The following words have in this code the signification attached to them in this section, unless otherwise apparent from the context:
1. The word "wilfully," when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act or make the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire any advantage.
2. The words "neglect," "negligence," "negligent," and "negligently," import a want of such attention to the nature of probable consequences of the act or omission as a prudent man ordinarily bestows in acting in his own concerns.
3. The word "corruptly," imports a wrongful design to acquire or cause some pecuniary or other advantage to the person guilty of the act or omission referred to, or to some other person.
4. The words "malice," and "maliciously," import a wish to vex, annoy, or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law.
5. The word "knowingly," imports only a knowledge that the facts exist which bring the act or omission within the provisions of this code. It does not require any knowledge of the unlawfulness of such act or omission.
6. The word "bribe," signifies anything of value or advantage, present or prospective, or any promise or undertaking to give any, asked, given, or accepted, with a corrupt intent to influence, unlawfully, the person to whom it is given, in his action, vote or opinion, in any public or official capacity.
7. Where the word "person" is used in this code to designate the party whose property may be the subject of any offense, it includes this state, any other state, any territory, government, or country, which may lawfully own property within this state, and all public and private corporations or joint associations, as well as individuals.
History:
[18-101, added 1972, ch. 336, sec. 1, p. 846.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 1 - PRELIMINARY PROVISIONS › Section 18-101B - CRIMINAL LAWS APPLICABLE TO OUT-OF-STATE PRISONERS AND PERSONNEL OF PRIVATE CORRECTIONAL FACILITIES.

18-101B. CRIMINAL LAWS APPLICABLE TO OUT-OF-STATE PRISONERS AND PERSONNEL OF PRIVATE CORRECTIONAL FACILITIES. (1) An out-of-state prisoner and personnel of a private prison contractor employed at a private correctional facility in the state of Idaho shall be subject to all criminal laws of the state of Idaho.
(2) Any offense which would be a criminal act if committed by an in-state prisoner housed in a state, local or private correctional facility, or in custody during transport within or through the state of Idaho, including escape from such facility or during transport, and any penalty for such offense, shall apply in all respects to an out-of-state prisoner.
(3) Any offense which would be a criminal act if committed by an officer, employee or agent of a state or local correctional facility, and any penalty for such offense, shall apply in all respects to the officers, employees and agents of a private correctional facility located in the state of Idaho.
History:
[18-101B, added 2000, ch. 272, sec. 2, p. 788.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 1 - PRELIMINARY PROVISIONS › Section 18-102 - SUFFICIENCY OF INTENT TO DEFRAUD.

18-102. SUFFICIENCY OF INTENT TO DEFRAUD. Whenever, by any of the provisions of this code, an intent to defraud is required in order to constitute any offense, it is sufficient if an intent appears to defraud any person, association, or body politic or corporate, whatever.
History:
[18-102, added 1972, ch. 336, sec. 1, p. 847.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 1 - PRELIMINARY PROVISIONS › Section 18-103 - CIVIL REMEDIES PRESERVED.

18-103. CIVIL REMEDIES PRESERVED. The omission to specify or affirm in this code any liability to damages, penalty, forfeiture, or other remedy imposed by law and allowed to be recovered or enforced in any civil action or proceeding, for any act or omission declared punishable herein, does not affect any right to recover or enforce the same.
History:
[18-103, added 1972, ch. 336, sec. 1, p. 847.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 1 - PRELIMINARY PROVISIONS › Section 18-104 - PROCEEDINGS TO REMOVE OFFICERS PRESERVED.

18-104. PROCEEDINGS TO REMOVE OFFICERS PRESERVED. The omission to specify or affirm in this code any ground of forfeiture of a public office, or other trust or special authority conferred by law, or any power conferred by law to remove, depose, or suspend any public officer, or other person holding any trust, appointment, or other special authority conferred by law, does not affect such forfeiture or power, or any proceeding authorized by law to carry into effect such removal, deposition, or suspension.
History:
[18-104, added 1972, ch. 336, sec. 1, p. 847.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 1 - PRELIMINARY PROVISIONS › Section 18-105 - COURTS MAY PUNISH FOR CONTEMPT.

18-105. COURTS MAY PUNISH FOR CONTEMPT. This code does not affect any power conferred by law upon any public body, tribunal or officer, to impose or inflict punishment for a contempt.
History:
[18-105, added 1972, ch. 336, sec. 1, p. 847.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 1 - PRELIMINARY PROVISIONS › Section 18-106 - COURT TO IMPOSE PUNISHMENT.

18-106. COURT TO IMPOSE PUNISHMENT. The several sections of this code which declare certain crimes to be punishable as therein mentioned, devolve a duty upon the court authorized to pass sentence, to determine and impose the punishment prescribed.
History:
[18-106, added 1972, ch. 336, sec. 1, p. 847.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 1 - PRELIMINARY PROVISIONS › Section 18-107 - DETERMINATION OF PUNISHMENT BY COURT.

18-107. DETERMINATION OF PUNISHMENT BY COURT. Whenever, in this code, the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case, must be determined by the court authorized to pass sentence within such limits as may be prescribed by this code.
History:
[18-107, added 1972, ch. 336, sec. 1, p. 847.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 1 - PRELIMINARY PROVISIONS › Section 18-109 - DEFINITION OF CRIME.

18-109. DEFINITION OF CRIME. A crime or public offense is an act committed or omitted in violation of a law forbidding or commanding it, and to which is annexed, upon conviction, either of the following punishments:
1. Death.
2. Imprisonment.
3. Fine.
4. Removal from office; or
5. Disqualification to hold and enjoy any office of honor, trust or profit in this state.
History:
[18-109, added 1972, ch. 336, sec. 1, p. 848.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 1 - PRELIMINARY PROVISIONS › Section 18-110 - GRADES OF CRIME.

18-110. GRADES OF CRIME. Crimes are divided into:
1. Felonies; and
2. Misdemeanors.
History:
[18-110, added 1972, ch. 336, sec. 1, p. 848.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 1 - PRELIMINARY PROVISIONS › Section 18-111 - FELONY, MISDEMEANOR AND INFRACTION DEFINED.

18-111. FELONY, MISDEMEANOR AND INFRACTION DEFINED. A felony is a crime which is punishable with death or by imprisonment in the state prison. An infraction is a civil public offense, not constituting a crime, which is punishable only by a penalty not exceeding three hundred dollars ($300) and for which no period of incarceration may be imposed. Every other crime is a misdemeanor. When a crime punishable by imprisonment in the state prison is also punishable by fine or imprisonment in a county jail, in the discretion of the court, it shall be deemed a misdemeanor for all purposes after a judgment imposing a punishment other than imprisonment in the state prison.
History:
[18-111, added 1972, ch. 336, sec. 1, p. 848; am. 1982, ch. 353, sec. 6, p. 878; am. 2014, ch. 236, sec. 1, p. 596.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 1 - PRELIMINARY PROVISIONS › Section 18-111A - FELONY DEFINED FURTHER.

18-111A. FELONY DEFINED FURTHER. Wherever the words felony, felony in the first degree, felony in the second degree, or felony in the third degree are used in the entire Idaho Code as well as the 1972 Session Law amendments thereto, the same shall be defined as a felony and shall be punishable, unless otherwise provided in a specific act, according to the General Felony Statute in the state of Idaho contained in section 18-112, Idaho Code.
History:
[I.C., sec. 18-111A, as added by 1972, ch. 381, sec. 2, p. 1102.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 1 - PRELIMINARY PROVISIONS › Section 18-111B - MISDEMEANOR DEFINED FURTHER.

18-111B. MISDEMEANOR DEFINED FURTHER. Wherever the words misdemeanor, petty misdemeanor or violation are used in the entire Idaho Code as well as the 1972 Session Law amendments thereto, these terms or any of them shall be construed to mean misdemeanor and shall be punished, unless otherwise provided for in a specific act, as provided under the General Misdemeanor Statute contained in section 18-113, Idaho Code.
History:
[I.C., sec. 18-111B, as added by 1972, ch. 381, sec. 3, p. 1102.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 1 - PRELIMINARY PROVISIONS › Section 18-112 - PUNISHMENT FOR FELONY.

18-112. PUNISHMENT FOR FELONY. Except in cases where a different punishment is prescribed by this code, every offense declared to be a felony is punishable by imprisonment in the state prison not exceeding five (5) years, or by fine not exceeding fifty thousand dollars ($50,000), or by both such fine and imprisonment.
History:
[18-112, added 1972, ch. 336, sec. 1, p. 848; am. 1994, ch. 134, sec. 1, p. 307.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 1 - PRELIMINARY PROVISIONS › Section 18-112A - FINE AUTHORIZED.

18-112A. FINE AUTHORIZED. In addition to any other punishment prescribed for felonies in specific statutes of the Idaho Code, the court may also impose a fine of up to fifty thousand dollars ($50,000). This section shall not apply if the specific felony statute provides for the imposition of a fine.
History:
[18-112A, added 1986, ch. 312, sec. 1, p. 763; am. 1994, ch. 134, sec. 2, p. 307.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 1 - PRELIMINARY PROVISIONS › Section 18-113 - PUNISHMENT FOR MISDEMEANOR.

18-113. PUNISHMENT FOR MISDEMEANOR. (1) Except in cases where a different punishment is prescribed in this code, every offense declared to be a misdemeanor, is punishable by imprisonment in a county jail not exceeding six (6) months, or by a fine not exceeding one thousand dollars ($1,000), or by both.
(2) In addition to any other punishment prescribed for misdemeanors in specific statutes of the Idaho Code, the court may also impose a fine of up to one thousand dollars ($1,000). This paragraph shall not apply if the specific misdemeanor statute provides for the imposition of a fine.
History:
[18-113, added 1972, ch. 336, sec. 1, p. 848; am. 1994, ch. 141, sec. 1, p. 315; am. 2005, ch. 359, sec. 1, p. 1133.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 1 - PRELIMINARY PROVISIONS › Section 18-113A - PUNISHMENT FOR INFRACTION.

18-113A. PUNISHMENT FOR INFRACTION. Every offense declared to be an infraction is punishable only by a penalty not exceeding three hundred dollars ($300) as provided in this section and no imprisonment. The penalty for an infraction shall be:
(1) The amount set by statute;
(2) Subject to subsection (1) of this section, the amount set as a fixed penalty for that infraction as of January 1, 2014, by the Idaho supreme court infraction rule 9, excepting subsection (38) of infraction rule 9 for "other infractions";
(3) The amount set by city or county ordinance for which the city or county has authority to impose a penalty and which is not otherwise set under subsection (1) or (2) of this section; or
(4) Fifteen dollars and fifty cents ($15.50) for an infraction without a specific penalty set under subsection (1), (2) or (3) of this section.
History:
[18-113A, added 1982, ch. 353, sec. 7, p. 878; am. 2014, ch. 236, sec. 2, p. 596; am. 2015, ch. 198, sec. 1, p. 608.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 1 - PRELIMINARY PROVISIONS › Section 18-113B - INCARCERATION OF JUVENILES FOR MISDEMEANOR OR FELONY OFFENSES.

18-113B. INCARCERATION OF JUVENILES FOR MISDEMEANOR OR FELONY OFFENSES. (1) Juveniles committing offenses which lie outside the scope of the juvenile corrections act, chapter 5, title 20, Idaho Code, and not charged under section 20-508 or 20-509, Idaho Code, may, in the discretion of a court or arresting officer, be placed in a juvenile detention facility or juvenile shelter care facility rather than in a county jail pending arraignment or trial, if arrested or held on bond. The option of placing a juvenile in such a facility shall not affect the misdemeanor or felony status of the offense.
(2) Juveniles committing offenses which lie outside the scope of the juvenile corrections act, chapter 5, title 20, Idaho Code, and not charged under section 20-508 or 20-509, Idaho Code, may, in the discretion of the court, be sentenced:
(a) To serve time in a juvenile detention facility rather than in a county jail; or
(b) To serve time in a community sentencing alternative when a mandatory minimum period of incarceration is not required by statute.
The option of placing a juvenile in such a facility shall not affect the misdemeanor or felony status of the offense.
History:
[18-113B, added 1984, ch. 82, sec. 1, p. 157; am. 2004, ch. 23, sec. 2, p. 26.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 1 - PRELIMINARY PROVISIONS › Section 18-114 - UNION OF ACT AND INTENT.

18-114. UNION OF ACT AND INTENT. In every crime or public offense there must exist a union, or joint operation, of act and intent, or criminal negligence.
History:
[18-114, added 1972, ch. 336, sec. 1, p. 848.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 1 - PRELIMINARY PROVISIONS › Section 18-115 - MANIFESTATION OF INTENT.

18-115. MANIFESTATION OF INTENT. Intent or intention is manifested by the commission of the acts and surrounding circumstances connected with the offense.
History:
[I.C., sec. 18-115, as added by 1972, ch. 336, sec. 1, p. 848; am. 1994, ch. 131, sec. 1, p. 296.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 1 - PRELIMINARY PROVISIONS › Section 18-116 - INTOXICATION NO EXCUSE FOR CRIME.

18-116. INTOXICATION NO EXCUSE FOR CRIME. A person who is in an intoxicated condition is criminally responsible for his conduct and an intoxicated condition is not a defense to any offense and may not be taken into consideration in determining the existence of a mental state which is an element of the offense unless the defendant proves that he did not know that it was an intoxicating substance when he consumed, smoked, sniffed, injected or otherwise ingested the substance causing the condition.
History:
[18-116, added 1972, ch. 336, sec. 1, p. 849; am. 1997, ch. 53, sec. 1, p. 92.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 2 - PERSONS LIABLE, PRINCIPALS AND ACCESSORIES › Section 18-201 - PERSONS CAPABLE OF COMMITTING CRIMES.

18-201. PERSONS CAPABLE OF COMMITTING CRIMES. All persons are capable of committing crimes, except those belonging to the following classes:
1. Persons who committed the act or made the omission charged, under an ignorance or mistake of fact which disproves any criminal intent.
2. Persons who committed the act charged without being conscious thereof.
3. Persons who committed the act or made the omission charged, through misfortune or by accident, when it appears that there was not evil design, intention or culpable negligence.
4. Persons (unless the crime be punishable with death) who committed the act or made the omission charged, under threats or menaces sufficient to show that they had reasonable cause to and did believe their lives would be endangered if they refused.
History:
[I.C., sec. 18-201, as added by 1972, ch. 336, sec. 1, p. 849.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 2 - PERSONS LIABLE, PRINCIPALS AND ACCESSORIES › Section 18-202 - TERRITORIAL JURISDICTION OVER ACCUSED PERSONS LIABLE TO PUNISHMENT.

18-202. TERRITORIAL JURISDICTION OVER ACCUSED PERSONS LIABLE TO PUNISHMENT. The following persons are liable to punishment under the laws of this state:
1. All persons who commit, in whole or in part, any crime within this state.
2. All who commit larceny or robbery out of this state, and bring to, or are found with the property stolen, in this state.
3. All who, being out of this state, cause or aid, advise or encourage, another person to commit a crime within this state and are afterwards found therein.
History:
[18-202, added 1972, ch. 336, sec. 1, p. 849.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 2 - PERSONS LIABLE, PRINCIPALS AND ACCESSORIES › Section 18-203 - CLASSIFICATION OF PARTIES.

18-203. CLASSIFICATION OF PARTIES. The parties to crimes are classified as:
1. Principals; and
2. Accessories.
History:
[18-203, added 1972, ch. 336, sec. 1, p. 849.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 2 - PERSONS LIABLE, PRINCIPALS AND ACCESSORIES › Section 18-204 - PRINCIPALS DEFINED.

18-204. PRINCIPALS DEFINED. All persons concerned in the commission of a crime, whether it be felony or misdemeanor, and whether they directly commit the act constituting the offense or aid and abet in its commission, or, not being present, have advised and encouraged its commission, or who, by fraud, contrivance, or force, occasion the intoxication of another for the purpose of causing him to commit any crime, or who, by threats, menaces, command or coercion, compel another to commit any crime, are principals in any crime so committed.
History:
[18-204, added 1972, ch. 336, sec. 1, p. 849; am. 1994, ch. 131, sec. 2, p. 297.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 2 - PERSONS LIABLE, PRINCIPALS AND ACCESSORIES › Section 18-205 - ACCESSORIES DEFINED.

18-205. ACCESSORIES DEFINED. All persons are accessories who, having knowledge that a felony has been committed:
(1) Willfully withhold or conceal it from a peace officer, judge, magistrate, grand jury or trial jury; or
(2) Harbor and protect a person who committed such felony or who has been charged with or convicted thereof.
History:
[18-205, added 1972, ch. 336, sec. 1, p. 850; am. 1981, ch. 169, sec. 1, p. 301; am. 1994, ch. 131, sec. 3, p. 297; am. 2001, ch. 119, sec. 1, p. 413; am. 2003, ch. 217, sec. 1, p. 566.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 2 - PERSONS LIABLE, PRINCIPALS AND ACCESSORIES › Section 18-206 - PUNISHMENT OF ACCESSORIES.

18-206. PUNISHMENT OF ACCESSORIES. Except in cases where a different punishment is prescribed, an accessory is punishable by imprisonment in the state prison not exceeding five (5) years, or by fine not exceeding fifty thousand dollars ($50,000), or by both such fine and imprisonment.
History:
[18-206, added 1972, ch. 336, sec. 1, p. 850; am. 1994, ch. 131, sec. 4, p. 297.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 2 - PERSONS LIABLE, PRINCIPALS AND ACCESSORIES › Section 18-210 - LACK OF CAPACITY TO UNDERSTAND PROCEEDINGS — DELAY OF TRIAL.

18-210. LACK OF CAPACITY TO UNDERSTAND PROCEEDINGS — DELAY OF TRIAL. No person who as a result of mental disease or defect lacks capacity to understand the proceedings against him or to assist in his own defense shall be tried, convicted, sentenced or punished for the commission of an offense so long as such incapacity endures.
History:
[I.C., sec. 18-210, as added by 1972, ch. 336, sec. 1, p. 851.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 2 - PERSONS LIABLE, PRINCIPALS AND ACCESSORIES › Section 18-215 - ADMISSIBILITY OF STATEMENTS BY EXAMINED PERSON.

18-215. ADMISSIBILITY OF STATEMENTS BY EXAMINED PERSON. A statement made by a person subjected to psychiatric or psychological examination or treatment pursuant to sections 18-211, 18-212 or 19-2522, Idaho Code, for the purposes of such examination or treatment shall not be admissible in evidence in any criminal proceeding against him on any issue other than the defendant’s ability to assist counsel at trial or to form any specific intent which is an element of the crime charged, except that such statements of a defendant to a psychiatrist or psychologist as are relevant for impeachment purposes may be received subject to the usual rules of evidence governing matters of impeachment.
History:
[I.C., sec. 18-215, as added by 1972, ch. 336, sec. 1, p. 855; am. 1980, ch. 312, sec. 5, p. 802; am. 1982, ch. 368, sec. 5, p. 923.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 2 - PERSONS LIABLE, PRINCIPALS AND ACCESSORIES › Section 18-217 - MENTAL HEALTH RECORDS OF OFFENDERS.

18-217. MENTAL HEALTH RECORDS OF OFFENDERS. (1) For purposes of care, treatment or normal health care operations, records of mental health evaluation, care and treatment shall be provided upon request to and from the mental health professionals of a governmental entity and another entity providing care or treatment for any person who is:
(a) Under court commitment to a state agency pursuant to section 18-212(4), Idaho Code;
(b) A pretrial detainee;
(c) Awaiting sentencing;
(d) In the care, custody or supervision of any correctional facility as defined in section 18-101A, Idaho Code;
(e) On probation or parole;
(f) Being supervised as part of a drug court, mental health court, juvenile detention program, work release program, or similar court program; or
(g) Applying for mental health services after release from a correctional facility.
(2) No court order or authorization from the offender to transfer the records shall be required except for records of substance abuse treatment as provided by 42 CFR part 2, and sections 37-3102 and 39-308, Idaho Code.
History:
[18-217, added 2006, ch. 92, sec. 1, p. 266.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 3 - NATURE AND EXTENT OF PUNISHMENT IN GENERAL › Section 18-302 - PUNISHMENT FOR ACTS ALSO PUNISHABLE AS CONTEMPTS.

18-302. PUNISHMENT FOR ACTS ALSO PUNISHABLE AS CONTEMPTS. A criminal act is not the less punishable as a crime because it is also declared to be punishable as a contempt.
History:
[18-302, added 1972, ch. 336, sec. 1, p. 856.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 3 - NATURE AND EXTENT OF PUNISHMENT IN GENERAL › Section 18-303 - COMMON LAW OFFENSES — PUNISHMENT — IMPRISONMENT FOR NONPAYMENT OF FINE.

18-303. COMMON LAW OFFENSES — PUNISHMENT — IMPRISONMENT FOR NONPAYMENT OF FINE. All offenses recognized by the common law as crimes and not herein enumerated are punishable, in case of felony, by imprisonment in the state prison for a term not less than one (1) year nor more than five (5) years; and in case of misdemeanors, by imprisonment in the county jail for a term not exceeding six (6) months or less than one (1) month, or by fine not exceeding $500, or both such fine and imprisonment. And whenever any fine is imposed for any felony or misdemeanor, whether such be by statute or at common law and the party upon whom the fine is imposed has the ability to pay said fine, the party upon whom the fine is imposed shall be committed to the county jail, when not sentenced to the state prison, until the fine is paid.
History:
[I.C., sec. 18-303, as added by 1972, ch. 336, sec. 1, p. 857; am. 1972, ch. 381, sec. 5, p. 1102.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 3 - NATURE AND EXTENT OF PUNISHMENT IN GENERAL › Section 18-304 - AIDING IN MISDEMEANORS.

18-304. AIDING IN MISDEMEANORS. Whenever an act is declared a misdemeanor, and no punishment for counseling, aiding in, soliciting or inciting the commission of such acts [act] is expressly prescribed by law, every person who counsels, aids, solicits or incites another in the commission of such act is guilty of a misdemeanor.
History:
[18-304, added 1972, ch. 336, sec. 1, p. 857.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 3 - NATURE AND EXTENT OF PUNISHMENT IN GENERAL › Section 18-305 - CONVICTION OF ATTEMPT WHEN CRIME IS CONSUMMATED.

18-305. CONVICTION OF ATTEMPT WHEN CRIME IS CONSUMMATED. Any person may be convicted of an attempt to commit a crime, although it appears on the trial that the crime intended or attempted was perpetrated by such person in pursuance of such attempt, unless the court, in its discretion, discharges the jury, and directs such person to be tried for such crime.
History:
[18-305, added 1972, ch. 336, sec. 1, p. 857.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 3 - NATURE AND EXTENT OF PUNISHMENT IN GENERAL › Section 18-306 - PUNISHMENT FOR ATTEMPTS.

18-306. PUNISHMENT FOR ATTEMPTS. Every person who attempts to commit any crime, but fails, or is prevented or intercepted in the perpetration thereof, is punishable, where no provision is made by law for the punishment of such attempts, as follows:
(1) If the offense so attempted is punishable by imprisonment in the state prison for life, or by death, the person guilty of such attempt is punishable by imprisonment in the state prison for a term not exceeding fifteen (15) years.
(2) If the offense so attempted is punishable by imprisonment in the state prison for five (5) years or more but for less than life imprisonment, or by imprisonment in the county jail, the person guilty of such attempt is punishable by imprisonment in the state prison, or in the county jail, as the case may be, for a term not exceeding one-half (1/2) the longest term of imprisonment prescribed upon a conviction of the offense so attempted.
(3) If the offense so attempted is punishable by imprisonment in the state prison for any term less than five (5) years, the person guilty of such attempt is punishable by imprisonment in the county jail for not more than one (1) year.
(4) If the offense so attempted is punishable by a fine, the offender convicted of such attempt is punishable by a fine not exceeding one-half (1/2) the largest fine which may be imposed upon a conviction of the offense so attempted.
(5) If the offense so attempted is punishable by imprisonment and by a fine, the offender convicted of such attempt may be punished by both imprisonment and fine, not exceeding one-half (1/2) the longest term of imprisonment and one-half (1/2) the largest fine which may be imposed upon a conviction for the offense so attempted.
History:
[18-306, added 1972, ch. 336, sec. 1, p. 857; am. 1994, ch. 131, sec. 6, p. 298.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 3 - NATURE AND EXTENT OF PUNISHMENT IN GENERAL › Section 18-307 - ATTEMPT RESULTING IN DIFFERENT CRIME.

18-307. ATTEMPT RESULTING IN DIFFERENT CRIME. The last two (2) sections do not protect a person who, in attempting unsuccessfully to commit a crime, accomplishes the commission of another and different crime, whether greater or less in guilt, from suffering the punishment prescribed by law for the crime committed.
History:
[18-307, added 1972, ch. 336, sec. 1, p. 858.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 3 - NATURE AND EXTENT OF PUNISHMENT IN GENERAL › Section 18-308 - SUCCESSIVE TERMS OF IMPRISONMENT.

18-308. SUCCESSIVE TERMS OF IMPRISONMENT. When any person is convicted of two (2) or more crimes before sentence has been pronounced upon him for either, the imprisonment to which he is sentenced upon the second or other subsequent conviction, in the discretion of the court, may commence at the termination of the first term of imprisonment to which he shall be adjudged, or at the termination of the second or other subsequent term of imprisonment, as the case may be.
History:
[I.C., sec. 18-308, as added by 1972, ch. 336, sec. 1, p. 858; am. 1972, ch. 381, sec. 6, p. 1102.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 3 - NATURE AND EXTENT OF PUNISHMENT IN GENERAL › Section 18-309 - COMPUTATION OF TERM OF IMPRISONMENT.

18-309. COMPUTATION OF TERM OF IMPRISONMENT. (1) In computing the term of imprisonment, the person against whom the judgment was entered shall receive credit in the judgment for any period of incarceration prior to entry of judgment, if such incarceration was for the offense or an included offense for which the judgment was entered. The remainder of the term commences upon the pronouncement of sentence and if thereafter, during such term, the defendant by any legal means is temporarily released from such imprisonment and subsequently returned thereto, the time during which he was at large must not be computed as part of such term.
(2) In computing the term of imprisonment when judgment has been withheld and is later entered or sentence has been suspended and is later imposed, the person against whom the judgment is entered or imposed shall receive credit in the judgment for any period of incarceration served as a condition of probation under the original withheld or suspended judgment.
History:
[18-309, added 1972, ch. 336, sec. 1, p. 858; am. 1972, ch. 381, sec. 7, p. 1102; am. 1975, ch. 201, sec. 1, p. 559; am. 1996, ch. 168, sec. 1, p. 553; am. 2015, ch. 99, sec. 1, p. 240.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 3 - NATURE AND EXTENT OF PUNISHMENT IN GENERAL › Section 18-312 - CONVICTS — CAPACITY AS WITNESSES — CAPACITY TO CONVEY PROPERTY.

18-312. CONVICTS — CAPACITY AS WITNESSES — CAPACITY TO CONVEY PROPERTY. The provisions of the last two (2) preceding sections must not be construed to render the persons therein mentioned incompetent as witnesses upon the trial of a criminal action or proceeding, or incapable of making and acknowledging a sale or conveyance of property.
History:
[18-312, added 1972, ch. 336, sec. 1, p. 858.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 3 - NATURE AND EXTENT OF PUNISHMENT IN GENERAL › Section 18-313 - PROTECTION OF PERSON OF CONVICT.

18-313. PROTECTION OF PERSON OF CONVICT. The person of a convict sentenced to imprisonment in the state prison is under the protection of the law, and any injury to his person, not authorized by law, is punishable in the same manner, as if he were not convicted or sentenced.
History:
[18-313, added 1972, ch. 336, sec. 1, p. 859.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 3 - NATURE AND EXTENT OF PUNISHMENT IN GENERAL › Section 18-314 - PROPERTY OF CONVICT NOT FORFEITED.

18-314. PROPERTY OF CONVICT NOT FORFEITED. No conviction of any person for crime works any forfeiture of any property, except in cases in which a forfeiture is expressly imposed by law; and all forfeitures to the people of this state, in the nature of a deodand, or where any person shall flee from justice, are abolished.
History:
[18-314, added 1972, ch. 336, sec. 1, p. 859.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 3 - NATURE AND EXTENT OF PUNISHMENT IN GENERAL › Section 18-315 - OMISSION OF PUBLIC DUTY.

18-315. OMISSION OF PUBLIC DUTY. Every wilful omission to perform any duty enjoined by law upon any public officer, or person holding any public trust or employment, where no special provision shall have been made for the punishment of such delinquency, is punishable as a misdemeanor.
History:
[18-315, added 1972, ch. 336, sec. 1, p. 859.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 3 - NATURE AND EXTENT OF PUNISHMENT IN GENERAL › Section 18-317 - PUNISHMENT OF OFFENSES FOR WHICH NO PENALTY IS FIXED.

18-317. PUNISHMENT OF OFFENSES FOR WHICH NO PENALTY IS FIXED. When an act or omission is declared by a statute to be a public offense and no penalty for the offense is prescribed in any statute, the act or omission is punishable as a misdemeanor.
History:
[18-317, added 1972, ch. 336, sec. 1, p. 859.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 4 - ABANDONMENT OR NONSUPPORT OF WIFE OR CHILDREN › Section 18-401 - DESERTION AND NONSUPPORT OF CHILDREN OR SPOUSE.

18-401. DESERTION AND NONSUPPORT OF CHILDREN OR SPOUSE. Every person who:
(1) Having any child under the age of eighteen (18) years dependent upon him or her for care, education or support, deserts such child in any manner whatever, with intent to abandon it;
(2) Willfully omits, without lawful excuse, to furnish necessary food, clothing, shelter, or medical attendance for his or her child or children, or ward or wards; provided however, that the practice of a parent or guardian who chooses for his child treatment by prayer or spiritual means alone shall not for that reason alone be construed to be a violation of the duty of care to such child;
(3) Having sufficient ability to provide for a spouse’s support, or who is able to earn the means for such spouse’s support, who willfully abandons and leaves a spouse in a destitute condition, or who refuses or neglects to provide such spouse with necessary food, clothing, shelter, or medical attendance, unless by the spouse’s misconduct he or she is justified in abandoning him or her;
Shall be guilty of a felony and shall be punishable by a fine of not more than five hundred dollars ($500), or by imprisonment for not to exceed fourteen (14) years, or both.
History:
[I.C., sec. 18-401, as added by 1972, ch. 336, sec. 1, p. 859; am. 1972, ch. 381, sec. 8, p. 1089; am. 2000, ch. 294, sec. 1, p. 1011.]