reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 13 - BRIBERY AND CORRUPTION › Section 18-1354 - COMPENSATION FOR PAST OFFICIAL BEHAVIOR.

18-1354. COMPENSATION FOR PAST OFFICIAL BEHAVIOR. A person commits a misdemeanor if he solicits, accepts, or agrees to accept any pecuniary benefit as compensation for having as public servant, given a decision, opinion, recommendation or vote favorable to another, or for having otherwise exercised a discretion in his favor, or for having violated his duty. A person commits a misdemeanor if he offers, confers or agrees to confer, compensation, acceptance of which is prohibited by this section.
History:
[18-1354, added 1972, ch. 381, sec. 20, p. 1102.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 13 - BRIBERY AND CORRUPTION › Section 18-1355 - RETALIATION FOR PAST OFFICIAL ACTION.

18-1355. RETALIATION FOR PAST OFFICIAL ACTION. A person commits a misdemeanor if he harms another by any unlawful acts in retaliation for anything lawfully done by the latter in the capacity of public servant.
History:
[18-1355, added 1972, ch. 381, sec. 20, p. 1102.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 13 - BRIBERY AND CORRUPTION › Section 18-1357 - COMPENSATING PUBLIC SERVANT FOR ASSISTING PRIVATE INTERESTS IN RELATION TO MATTERS BEFORE HIM.

18-1357. COMPENSATING PUBLIC SERVANT FOR ASSISTING PRIVATE INTERESTS IN RELATION TO MATTERS BEFORE HIM. (1) Receiving compensation. A public servant commits a misdemeanor if he solicits, accepts or agrees to accept compensation for advice or other assistance in preparing or promoting a bill, contract, claim, or other transaction or proposal as to which he knows that he has or is likely to have an official discretion to exercise.
(2) Paying compensation. A person commits a misdemeanor if he pays or offers or agrees to pay compensation to a public servant with knowledge that acceptance by the public servant is unlawful.
History:
[18-1357, added 1972, ch. 381, sec. 20, p. 1102.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 13 - BRIBERY AND CORRUPTION › Section 18-1358 - SELLING POLITICAL INDORSEMENT — SPECIAL INFLUENCE.

18-1358. SELLING POLITICAL INDORSEMENT — SPECIAL INFLUENCE. (1) Selling political indorsement. A person commits a misdemeanor if he solicits, receives, agrees to receive, or agrees that any political party or other person shall receive any pecuniary benefit as consideration for approval or disapproval of an appointment or advancement in public service, or for approval or disapproval of any person or transaction for any benefit conferred by an official or agency of the government. "Approval" includes recommendations, failure to disapprove, or any other manifestation of favor or acquiescence. "Disapproval" includes failure to approve, or any other manifestation of disfavor or nonacquiescence.
(2) Other trading in special influence. A person commits a misdemeanor if he solicits, receives or agrees to receive any pecuniary benefit as consideration for exerting special influence upon a public servant or procuring another to do so. "Special influence" means power to influence through kinship, friendship, or other relationship apart from the merits of the transaction.
(3) Paying for indorsement or special influence. A person commits a misdemeanor if he offers, confers or agrees to confer any pecuniary benefit, receipt of which is prohibited by this section.
History:
[18-1358, added 1972, ch. 381, sec. 20, p. 1102.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 13 - BRIBERY AND CORRUPTION › Section 18-1360 - PENALTIES.

18-1360. PENALTIES. Any public servant who violates the provisions of this chapter, unless otherwise provided, shall be guilty of a misdemeanor and may be punished by a fine not exceeding one thousand dollars ($1,000), or by incarceration in the county jail for a period not exceeding one (1) year, or by both such fine and incarceration. In addition to any penalty imposed in this chapter, any person who violates the provisions of this chapter may be required to forfeit his office and may be ordered to make restitution of any benefit received by him to the governmental entity from which it was obtained.
History:
[18-1360, added 1990, ch. 328, sec. 2, p. 901.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 13 - BRIBERY AND CORRUPTION › Section 18-1361 - SELF-INTERESTED CONTRACTS — EXCEPTION.

18-1361. SELF-INTERESTED CONTRACTS — EXCEPTION. Where there are less than three (3) suppliers of a good or a service within a fifteen (15) mile radius of where the good or service is to be provided, it shall not constitute a violation of the provisions of subsection (1) (d) or (e) of section 18-1359, Idaho Code, for a public servant or for his relative to contract with the public body of which the public servant is a member if the contract is reasonably necessary to respond to a disaster as defined in chapter 10, title 46, Idaho Code, or if the procedures listed below are strictly observed. For purposes of this section, "relative" shall mean any person related to the public servant by blood or marriage within the second degree.
(1) The contract is competitively bid and the public servant or his relative submits the low bid; and
(2) Neither the public servant nor his relative takes any part in the preparation of the contract or bid specifications, and the public servant takes no part in voting on or approving the contract or bid specifications; and
(3) The public servant makes full disclosure, in writing, to all members of the governing body, council or board of said public body of his interest or that of his relative and of his or his relative’s intention to bid on the contract; and
(4) Neither the public servant nor his relative has violated any provision of Idaho law pertaining to competitive bidding or improper solicitation of business.
History:
[18-1361, added 1990, ch. 328, sec. 2, p. 901; am. 1991, ch. 34, sec. 1, p. 71; am. 1996, ch. 193, sec. 1, p. 602.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 13 - BRIBERY AND CORRUPTION › Section 18-1361A - NONCOMPENSATED APPOINTED PUBLIC SERVANT — RELATIVES OF PUBLIC SERVANT — EXCEPTION.

18-1361A. NONCOMPENSATED APPOINTED PUBLIC SERVANT — RELATIVES OF PUBLIC SERVANT — EXCEPTION. When a person is a public servant by reason of his appointment to a governmental entity board for which the person receives no salary or fees for his service on said board, it shall not constitute a violation of the provisions of subsection (1)(d) or (e) of section 18-1359, Idaho Code, for a public servant or for his relative to contract with the public body of which the public servant is a member if the procedures listed below are strictly observed. For purposes of this section, "relative" shall mean any person related to the public servant by blood or marriage within the second degree.
(1) The contract is competitively bid and the public servant or his relative submits the low bid; and
(2) Neither the public servant nor his relative takes any part in the preparation of the contract or bid specifications, and the public servant takes no part in voting on or approving the contract or bid specifications; and
(3) The public servant makes full disclosure, in writing, to all members of the governing body, council or board of said public body of his interest or that of his relative and of his or his relative’s intention to bid on the contract; and
(4) Neither the public servant nor his relative has violated any provision of Idaho law pertaining to competitive bidding or improper solicitation of business.
History:
[18-1361A, added 1992, ch. 121, sec. 1, p. 398; am. 1996, ch. 193, sec. 2, p. 602.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 13 - BRIBERY AND CORRUPTION › Section 18-1362 - CAUSE OF ACTION.

18-1362. CAUSE OF ACTION. A prosecuting attorney or the attorney general may bring an action in the district court of the county in which a public servant resides to enjoin a violation of the provisions of this chapter and to require the public servant to make restitution to the government of any pecuniary gain obtained. The prevailing party shall be awarded his costs and reasonable attorney fees.
History:
[18-1362, added 1990, ch. 328, sec. 2, p. 902.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 14 - BURGLARY › Section 18-1401 - BURGLARY DEFINED.

18-1401. BURGLARY DEFINED. Every person who enters any house, room, apartment, tenement, store, shop, warehouse, mill, barn, stable, outhouse, or a building, tent, vessel, vehicle, trailer, airplane, or railroad car with intent to commit any theft or any felony is guilty of burglary.
History:
[18-1401, added 1972, ch. 336, sec. 1, p. 871; am. 1981, ch. 183, sec. 3, p. 326; am. 1997, ch. 87, sec. 1, p. 213; am. 2020, ch. 219, sec. 1, p. 651; am. 2021, ch. 185, sec. 1, p. 508.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 14 - BURGLARY › Section 18-1401A - COMMERCIAL BURGLARY DEFINED.

18-1401A. COMMERCIAL BURGLARY DEFINED. Any person who commits a burglary as defined in section 18-1401, Idaho Code, with the intent to commit theft and the theft is from a commercial retailer during business hours and the amount of the theft is under three hundred dollars ($300) is guilty of commercial burglary. Any person who pleads guilty to, or is found guilty of, a violation of this section for the first time is guilty of a misdemeanor and may be sentenced to a jail sentence not to exceed six (6) months, a fine of one thousand dollars ($1,000), or both. Any person who pleads guilty to, or is found guilty of, a violation of this section who previously has been found guilty of, or has pled guilty to, a violation of the provisions of this section within five (5) years is guilty of a misdemeanor and may be sentenced to a jail sentence not to exceed one (1) year, a fine of two thousand dollars ($2,000), or both. Any person who pleads guilty to, or is found guilty of, a violation of this section who previously has been found guilty of, or has pled guilty to, two (2) or more violations of the provisions of this section within five (5) years, notwithstanding the form of the judgments or withheld judgments, shall be guilty of a felony.
History:
[18-1401A, added 2020, ch. 219, sec. 2, p. 651; am. 2021, ch. 185, sec. 2, p. 508.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 14 - BURGLARY › Section 18-1403 - PUNISHMENT FOR BURGLARY.

18-1403. PUNISHMENT FOR BURGLARY. Burglary is punishable by imprisonment in the state prison for not less than one (1) nor more than ten (10) years.
History:
[18-1403, added 1972, ch. 336, sec. 1, p. 871; am. 1992, ch. 167, sec. 2, p. 531.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 14 - BURGLARY › Section 18-1405 - BURGLARY WITH EXPLOSIVES.

18-1405. BURGLARY WITH EXPLOSIVES. Any person who with intent to commit crime breaks and enters any building whether inhabited or not, and opens or attempts to open any vault, safe, or other secure place within said building by use of nitroglycerin, dynamite, gunpowder or any other explosive, shall be deemed guilty of burglary with explosives. Any person duly convicted of burglary with explosives shall be sentenced to the penitentiary for a period of not less than ten (10) years, nor more than twenty-five (25) years.
History:
[18-1405, added 1972, ch. 336, sec. 1, p. 872; am. 1992, ch. 167, sec. 3, p. 532.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 14 - BURGLARY › Section 18-1406 - POSSESSION OF BURGLARIOUS INSTRUMENTS.

18-1406. POSSESSION OF BURGLARIOUS INSTRUMENTS. Every person having upon him, or in his possession, a picklock, crow, key, bit, or other instrument or tool, with intent feloniously to break or enter into any building or who shall knowingly make or alter, or shall attempt to make or alter any key or other instrument above named, so that the same will fit or open the lock of a building, without being requested so to do by some person having the right to open the same, or who shall make, alter, or repair, any instrument or thing, knowing, or having reason to believe, that it is intended to be used in committing a misdemeanor or felony, is guilty of a misdemeanor. Any of the structures mentioned in this chapter shall be deemed a building within the meaning of this section.
History:
[18-1406, added 1972, ch. 336, sec. 1, p. 872.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 15 - CHILDREN AND VULNERABLE ADULTS › Section 18-1501 - INJURY TO CHILDREN.

18-1501. INJURY TO CHILDREN. (1) Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of such child to be injured, or willfully causes or permits such child to be placed in such situation that its person or health is endangered, is punishable by imprisonment in the county jail not exceeding one (1) year, or in the state prison for not less than one (1) year nor more than ten (10) years.
(2) Any person who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of such child to be injured, or willfully causes or permits such child to be placed in such situation that its person or health may be endangered, is guilty of a misdemeanor.
(3) A person over the age of eighteen (18) years commits the crime of injury to a child if the person transports a minor in a motor vehicle or vessel as defined in section 67-7003, Idaho Code, while under the influence of alcohol, intoxicating liquor, a controlled substance, or any combination thereof, in violation of section 18-8004 or 67-7034, Idaho Code. Any person convicted of violating this subsection is guilty of a misdemeanor. If a child suffers bodily injury or death due to a violation of this subsection, the violation will constitute a felony punishable by imprisonment for not more than ten (10) years, unless a more severe penalty is otherwise prescribed by law.
(4) 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 have violated the duty of care to such child.
(5) As used in this section, "willfully" means acting or failing to act where a reasonable person would know the act or failure to act is likely to result in injury or harm or is likely to endanger the person, health, safety or well-being of the child.
History:
[18-1501, added 1977, ch. 304, sec. 3, p. 853; am. 1996, ch. 167, sec. 1, p. 552; am. 1997, ch. 306, sec. 1, p. 910; am. 2001, ch. 49, sec. 1, p. 91; am. 2005, ch. 151, sec. 1, p. 467.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 15 - CHILDREN AND VULNERABLE ADULTS › Section 18-1502B - POSSESSION OF INHALANTS BY MINORS.

18-1502B. POSSESSION OF INHALANTS BY MINORS. Whenever a person under the age of eighteen (18) years is in possession and uses an aerosol spray product or other inhalant, that is not used pursuant to the instructions or prescription of a licensed health care provider or that is not used pursuant to the manufacturer’s label instructions, for the purpose of becoming under the influence of such substance; such person shall be guilty of a misdemeanor, and upon conviction, may be punished by a fine not in excess of three hundred dollars ($300), or by thirty (30) days in a juvenile detention facility or by both or may be subject to the provisions of chapter 5, title 20, Idaho Code.
For the purposes of this section, the term "inhalant" means any glue, cement or other substance containing one (1) or more of the following chemical compounds: acetone and acetate, amyl nitrite or amyl nitrate or their isomers, benzene, butyl alcohol, butyl nitrite, butyl nitrate or their isomers, ethyl alcohol, ethyl nitrite or ethyl nitrate, ethylene dichloride, isobutyl alcohol, methyl alcohol, methyl ethyl ketone, n-propyl alcohol, pentachlorophenol, petroleum ether, propyl nitrite or propyl nitrate or their isomers, toluene or xylene or other chemical substance capable of causing a condition of intoxication, inebriation, excitement, stupefaction or the dulling of the brain or nervous system as a result of the inhalation of the fumes or vapors of such chemical substance.
History:
[18-1502B, added 1993, ch. 154, sec. 1, p. 390; am. 2004, ch. 23, sec. 4, p. 27.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 15 - CHILDREN AND VULNERABLE ADULTS › Section 18-1505A - ABANDONING A VULNERABLE ADULT.

18-1505A. ABANDONING A VULNERABLE ADULT. (1) Any person who abandons a vulnerable adult, as that term is defined in section 18-1505, Idaho Code, in deliberate disregard of the vulnerable adult’s safety or welfare, regardless of whether the vulnerable adult suffered physical harm from the act of abandonment, shall be guilty of a felony and shall be imprisoned in the state prison for a period not in excess of five (5) years, or by a fine not exceeding five thousand dollars ($5,000), or by both such fine and imprisonment. It shall not be a defense to prosecution under the provisions of this section that the perpetrator lacked the financial ability or means to provide food, clothing, shelter or medical care reasonably necessary to sustain the life and health of a vulnerable adult.
(2) As used in this section "abandon" means the desertion or willful forsaking of a vulnerable adult by any individual, caretaker as defined by subsection (4)(b) of section 18-1505, Idaho Code, or entity which has assumed responsibility for the care of the vulnerable adult by contract, receipt of payment of care, any relationship arising from blood or marriage wherein the vulnerable adult has become the dependent of another or by order of a court of competent jurisdiction; provided that abandon shall not mean the termination of services to a vulnerable adult by a physician licensed under chapter 18, title 54, Idaho Code, or anyone under his direct supervision, where the physician determines, in the exercise of his professional judgment, that termination of such services is in the best interests of the patient.
History:
[18-1505A, added 1993, ch. 179, sec. 1, p. 460; am. 1994, ch. 136, sec. 4, p. 309; am. 2005, ch. 166, sec. 2, p. 507.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 15 - CHILDREN AND VULNERABLE ADULTS › Section 18-1506 - SEXUAL ABUSE OF A CHILD UNDER THE AGE OF SIXTEEN YEARS.

18-1506. SEXUAL ABUSE OF A CHILD UNDER THE AGE OF SIXTEEN YEARS. (1) It is a felony for any person eighteen (18) years of age or older, with the intent to gratify the lust, passions, or sexual desire of the actor, minor child or third party, to:
(a) Solicit a minor child under the age of sixteen (16) years to participate in a sexual act;
(b) Cause or have sexual contact with such minor child, not amounting to lewd conduct as defined in section 18-1508, Idaho Code; or
(c) Induce, cause or permit a minor child to witness an act of sexual conduct.
(2) For the purposes of this section, "solicit" means any written, verbal, or physical act which is intended to communicate to such minor child the desire of the actor or third party to participate in a sexual act or participate in sexual foreplay, by the means of sexual contact, photographing or observing such minor child engaged in sexual contact.
(3) For the purposes of this section, "sexual contact" means any physical contact between such minor child and any person, which is caused by the actor, or the actor causing such minor child to have self contact.
(4) For the purposes of this section, "sexual conduct" means human masturbation, sexual intercourse, sadomasochistic abuse, or any touching of the genitals or pubic areas of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.
(5) Any person guilty of a violation of the provisions of this section shall be imprisoned in the state prison for a period not to exceed twenty-five (25) years.
History:
[18-1506, added 1982, ch. 192, sec. 1, p. 519; am. 1984, ch. 63, sec. 1, p. 112; am. 1987, ch. 178, sec. 1, p. 354; am. 1988, ch. 329, sec. 1, p. 991; am. 1992, ch. 145, sec. 1, p. 439; am. 2006, ch. 178, sec. 3, p. 545; am. 2008, ch. 240, sec. 1, p. 721; am. 2022, ch. 123, sec. 1, p. 434.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 15 - CHILDREN AND VULNERABLE ADULTS › Section 18-1506A - RITUALIZED ABUSE OF A CHILD — EXCLUSIONS — PENALTIES — DEFINITION.

18-1506A. RITUALIZED ABUSE OF A CHILD — EXCLUSIONS — PENALTIES — DEFINITION. (1) A person is guilty of a felony when he commits any of the following acts with, upon, or in the presence of a child as part of a ceremony, rite or any similar observance:
(a) Actually or in simulation, tortures, mutilates or sacrifices any warm-blooded animal or human being;
(b) Forces ingestion, injection or other application of any narcotic, drug, hallucinogen or anaesthetic for the purpose of dulling sensitivity, cognition, recollection of, or resistance to any criminal activity;
(c) Forces ingestion, or external application, of human or animal urine, feces, flesh, blood, bones, body secretions, nonprescribed drugs or chemical compounds;
(d) Involves the child in a mock, unauthorized or unlawful marriage ceremony with another person or representation of any force or deity, followed by sexual contact with the child;
(e) Places a living child into a coffin or open grave containing a human corpse or remains;
(f) Threatens death or serious harm to a child, his parents, family, pets or friends which instills a well-founded fear in the child that the threat will be carried out; or
(g) Unlawfully dissects, mutilates, or incinerates a human corpse.
(2) The provisions of this section shall not be construed to apply to:
(a) Lawful agricultural, animal husbandry, food preparation or wild game hunting and fishing practices and specifically the branding or identification of livestock;
(b) The lawful medical practice of circumcision or any ceremony related thereto; or
(c) Any state or federally approved, licensed or funded research project.
(3) Any person convicted of a violation of this section shall be imprisoned in the state prison for a term of not more than life.
(4) For the purposes of this section, "child" means any person under eighteen (18) years of age.
History:
[18-1506A, added 1990, ch. 210, sec. 1, p. 467; am. 2006, ch. 178, sec. 4, p. 546.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 15 - CHILDREN AND VULNERABLE ADULTS › Section 18-1506B - FEMALE GENITAL MUTILATION OF A CHILD — EXCLUSIONS — PENALTIES — DEFINITION.

18-1506B. FEMALE GENITAL MUTILATION OF A CHILD — EXCLUSIONS — PENALTIES — DEFINITION. (1) Except as provided in subsection (4) of this section, whoever knowingly circumcises, excises, or infibulates the whole or any part of the labia majora, labia minora, or clitoris of a child shall be guilty of a felony.
(2) Except as provided in subsection (4) of this section, whoever knowingly gives permission for, or permits on a child, any act prohibited by subsection (1) of this section shall be guilty of a felony.
(3) Except as provided in subsection (4) of this section, whoever knowingly removes or causes, permits, or facilitates the removal of a child from this state for the purpose of facilitating any act prohibited by subsection (1) of this section shall be guilty of a felony.
(4) A surgical operation shall not be a violation of this section if the operation is:
(a) Necessary to the health of the person on whom it is performed and is performed by a person licensed in the place of its performance as a medical practitioner; or
(b) Performed on a person in labor or who has just given birth and is performed for medical purposes connected with that labor or birth by a person licensed in the place it is performed as a medical practitioner, midwife, or person in training to become such a practitioner or midwife.
(5) In applying subsection (4)(a) of this section, no account shall be taken of the effect on the person on whom the operation is to be performed or any belief on the part of that person, or any other person, that the operation is required as a matter of custom or ritual.
(6) Any person convicted of a violation of this section shall be guilty of a felony and shall be imprisoned in the state prison for a term of not more than life.
(7) For the purposes of this section, "child" means any person under eighteen (18) years of age.
History:
[18-1506B, added 2019, ch. 130, sec. 1, p. 465; am. 2020, ch. 101, sec. 1, p. 271.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 15 - CHILDREN AND VULNERABLE ADULTS › Section 18-1508 - LEWD CONDUCT WITH MINOR CHILD UNDER SIXTEEN.

18-1508. LEWD CONDUCT WITH MINOR CHILD UNDER SIXTEEN. Any person who shall commit any lewd or lascivious act or acts upon or with the body or any part or member thereof of a minor child under the age of sixteen (16) years, including but not limited to, genital-genital contact, oral-genital contact, anal-genital contact, oral-anal contact, manual-anal contact, or manual-genital contact, whether between persons of the same or opposite sex, or who shall involve such minor child in any act of bestiality or sado-masochism as defined in section 18-1507, Idaho Code, when any of such acts are done with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of such person, such minor child, or third party, shall be guilty of a felony and shall be imprisoned in the state prison for a term of not more than life.
History:
[(18-1508) I.C., sec. 18-6607, as added by 1973, ch. 1, sec. 1, p. 3; am. and redesignated 1984, ch. 63, sec. 2, p. 112; am. 1992, ch. 145, sec. 3, p. 441.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 15 - CHILDREN AND VULNERABLE ADULTS › Section 18-1508A - SEXUAL BATTERY OF A MINOR CHILD SIXTEEN OR SEVENTEEN YEARS OF AGE — PENALTY.

18-1508A. SEXUAL BATTERY OF A MINOR CHILD SIXTEEN OR SEVENTEEN YEARS OF AGE — PENALTY. (1) It is a felony for any person at least five (5) years of age older than a minor child who is sixteen (16) or seventeen (17) years of age, who, with the intent of arousing, appealing to or gratifying the lust, passion, or sexual desires of such person, minor child, or third party, to:
(a) Commit any lewd or lascivious act or acts upon or with the body or any part or any member thereof of such minor child including, but not limited to, genital-genital contact, oral-genital contact, anal-genital contact, oral-anal contact, manual-anal contact or manual-genital contact, whether between persons of the same or opposite sex, or who shall involve such minor child in any act of explicit sexual conduct as defined in section 18-1507, Idaho Code; or
(b) Solicit such minor child to participate in a sexual act; or
(c) Cause or have sexual contact with such minor child, not amounting to lewd conduct as defined in paragraph (a) of this subsection.
(2) For the purpose of subsection (1)(b) of this section, "solicit" means any written, verbal or physical act which is intended to communicate to such minor child the desire of the actor or third party to participate in a sexual act or participate in sexual foreplay, by the means of sexual contact, photographing or observing such minor child engaged in sexual contact.
(3) For the purpose of this section, "sexual contact" means any physical contact between such minor child and any person or between such minor children which is caused by the actor, or the actor causing such minor child to have self contact.
(4) Any person guilty of a violation of the provisions of subsection (1)(a) of this section shall be imprisoned in the state prison for a period not to exceed life.
(5) Any person guilty of a violation of the provisions of subsection (1)(b) or (c) of this section shall be imprisoned in the state prison for a period not to exceed twenty-five (25) years.
History:
[18-1508A, added 1992, ch. 249, sec. 1, p. 733; am. 2006, ch. 178, sec. 7, p. 549; am. 2022, ch. 123, sec. 2, p. 435.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 15 - CHILDREN AND VULNERABLE ADULTS › Section 18-1509 - ENTICING OF CHILDREN.

18-1509. ENTICING OF CHILDREN. (1) A person shall be guilty of a misdemeanor if that person attempts to persuade, or persuades, whether by words or actions or both, a minor child under the age of sixteen (16) years to either:
(a) Leave the child’s home or school; or
(b) Enter a vehicle or building; or
(c) Enter a structure or enclosed area, or alley, with the intent that the child shall be concealed from public view;
while the person is acting without the authority of (i) the custodial parent of the child, (ii) the state of Idaho or a political subdivision thereof or (iii) one having legal custody of the minor child. Nothing contained in this section shall be construed to prevent the lawful detention of a minor child or the rendering of aid or assistance to a minor child.
(2) Every person who is convicted of a violation of the provisions of this section shall be punished by imprisonment in the county or municipal jail for not more than six (6) months or by a fine of not more than one thousand dollars ($1,000) or by both such fine and imprisonment. A person convicted a second or subsequent time of violating the provisions of this section shall be guilty of a felony and shall be punished by imprisonment in the state penitentiary for a period of time of not more than five (5) years.
History:
[18-1509, added 1985, ch. 81, sec. 1, p. 156.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 15 - CHILDREN AND VULNERABLE ADULTS › Section 18-1509A - ENTICING A CHILD THROUGH USE OF THE INTERNET OR OTHER COMMUNICATION DEVICE — PENALTIES — JURISDICTION.

18-1509A. ENTICING A CHILD THROUGH USE OF THE INTERNET OR OTHER COMMUNICATION DEVICE — PENALTIES — JURISDICTION. (1) A person aged eighteen (18) years or older shall be guilty of a felony if such person knowingly uses the internet or any device that provides transmission of messages, signals, facsimiles, video images or other communication to solicit, seduce, lure, persuade or entice by words or actions, or both, a person under the age of sixteen (16) years or a person the defendant believes to be under the age of sixteen (16) years to engage in any sexual act with or against the person where such act would be a violation of chapter 15, 61 or 66, title 18, Idaho Code.
(2) Any person who is convicted of a violation of this section shall be punished by imprisonment in the state prison for a period not to exceed fifteen (15) years.
(3) It shall not constitute a defense against any charge or violation of this section that a law enforcement officer, peace officer, or other person working at the direction of law enforcement was involved in the detection or investigation of a violation of this section.
(4) In a prosecution under this section, it is not necessary for the prosecution to show that an act described in chapter 15, 61 or 66, title 18, Idaho Code, actually occurred.
(5) The offense is committed in the state of Idaho for purposes of determining jurisdiction if the transmission that constitutes the offense either originates in or is received in the state of Idaho.
History:
[18-1509A, added 2003, ch. 145, sec. 1, p. 419; am. 2012, ch. 270, sec. 1, p. 764.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 15 - CHILDREN AND VULNERABLE ADULTS › Section 18-1510 - PROVIDING SHELTER TO RUNAWAY CHILDREN.

18-1510. PROVIDING SHELTER TO RUNAWAY CHILDREN. (1) A person who knowingly or intentionally provides housing or other accommodations to a child seventeen (17) years of age or younger without the authority of: (a) the custodial parent or guardian of the child; (b) the state of Idaho or a political subdivision thereof; or (c) the one having legal custody of the child shall be guilty of a misdemeanor. Nothing contained in this section shall be construed to prevent the lawful detention of a minor child or the rendering of emergency aid or assistance to a minor child. It shall be an affirmative defense to the provisions of this section that the person providing housing or other accommodations to the child has notified the custodial parent or guardian or the county sheriff or city police of the child’s whereabouts. It shall also be an affirmative defense to the provisions of this section that the person providing housing or other accommodations to the child notices reasonable evidence that the child has been abused by the custodial parent or guardian.
(2) A person convicted of a violation of the provisions of this section shall be punished by imprisonment for a period not in excess of six (6) months, a fine not in excess of five thousand dollars ($5,000) or by both such fine and imprisonment. Additionally, any real property utilized in violation of the provisions of this section may be declared a public nuisance pursuant to chapter 1, title 52, Idaho Code.
History:
[18-1510, added 1989, ch. 155, sec. 11, p. 389.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 15 - CHILDREN AND VULNERABLE ADULTS › Section 18-1511 - SALE OR BARTER OF CHILD FOR ADOPTION OR OTHER PURPOSE PENALIZED — ALLOWED EXPENSES.

18-1511. SALE OR BARTER OF CHILD FOR ADOPTION OR OTHER PURPOSE PENALIZED — ALLOWED EXPENSES. Any person or persons who shall sell or barter any child for adoption or for any other purpose, shall be guilty of a felony, and upon conviction shall be punished by imprisonment in the state penitentiary for not more than fourteen (14) years, or by a fine of not more than five thousand dollars ($5,000), or by both such fine and imprisonment.
Provided however, this section shall not prohibit any person, or adoption agency from providing, in addition to legal and medical costs, reasonable maternity and living expenses during the pregnancy and for a period not to exceed six (6) weeks post partum based upon demonstrated financial need.
Any person or agency, seeking to provide financial assistance in excess of five hundred dollars ($500) shall do so after informally submitting to a court of competent jurisdiction, a verified financial plan outlining proposed expenditures. The court may approve or amend such a proposal. Only after court approval shall assistance totaling more than five hundred dollars ($500) become available to the birth parent. A prospective adoptive parent, or another person acting on behalf of a prospective adoptive parent, shall make payments for allowed expenses only to third party vendors, as is reasonably practical. All actual expenditures shall be presented by verified affidavit of counsel or the agency at the time of the adoption finalization.
No financial assistance to a birth parent shall exceed the sum of two thousand dollars ($2,000) unless otherwise authorized by the court. The financial assistance contemplated by this section shall be considered a charitable gift, not subject to recovery under the terms of section 16-1515, Idaho Code.
History:
[I.C., sec. 18-1511, as added by 1972, ch. 336, sec. 1, p. 873; am. 2000, ch. 172, sec. 1, p. 441.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 15 - CHILDREN AND VULNERABLE ADULTS › Section 18-1512 - MEDICAL BILLS PAYMENT FOR CHILD TO BE ADOPTED OR MOTHER AN EXCEPTION.

18-1512. MEDICAL BILLS PAYMENT FOR CHILD TO BE ADOPTED OR MOTHER AN EXCEPTION. Paying of medical bills, either for a child to be adopted or for the mother of such child, shall not be considered a violation of this act.
History:
[I.C., sec. 18-1512, as added by 1972, ch. 336, sec. 1, p. 873.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 15 - CHILDREN AND VULNERABLE ADULTS › Section 18-1512A - ADVERTISING FOR ADOPTION — PROHIBITED ACTS.

18-1512A. ADVERTISING FOR ADOPTION — PROHIBITED ACTS. (1) Unless the context clearly requires otherwise in this section, "advertisement" means communication by newspaper, radio, television, handbills, placards or other print, broadcast or the electronic medium.
(2) No person or entity shall cause to be published for circulation or broadcast on a radio or television station within the geographic borders of the state of Idaho an advertisement or notice of a child or children offered or wanted for adoption or shall hold himself out through such advertisement or notice as having the ability to place, locate, dispose or receive a child or children for adoption, unless the person or entity is a duly authorized agent, contractee or employee of the department of health and welfare or an authorized children’s agency or institution licensed by the department of health and welfare to care for and place children.
(3) A violation of subsection (2) of this section is a matter affecting the public interest for the purpose of applying chapter 6, title 48, Idaho Code. A violation of subsection (2) of this section is not reasonable in relation to the development and preservation of business. A violation of subsection (2) of this section constitutes an unfair or deceptive act or practice in trade or commerce for the purpose of applying chapter 6, title 48, Idaho Code.
(4) Nothing herein is intended to prohibit an attorney licensed to practice in the state of Idaho from advertising his or her ability to practice or provide services related to the adoption of children.
(5) Nothing herein is intended to prohibit physicians and other health care providers who are licensed to practice in the state of Idaho from assisting or providing natural and adoptive parents with medical care necessary to initiate and complete adoptive placements.
History:
[18-1512A, added 1988, ch. 226, sec. 1, p. 439; am. 2000, ch. 174, sec. 1, p. 442.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 15 - CHILDREN AND VULNERABLE ADULTS › Section 18-1513 - OBSCENE MATERIALS — DISSEMINATION TO MINORS — POLICY.

18-1513. OBSCENE MATERIALS — DISSEMINATION TO MINORS — POLICY. It is hereby declared to be the policy of the legislature to restrain the distribution, promotion, or dissemination of obscene material, or of material harmful to minors, or the performance of obscene performances, or performances harmful to minors. It is found that such materials and performances are a contributing factor to crime, to juvenile crime, and also a basic factor in impairing the ethical and moral development of our youth.
History:
[I.C., sec. 18-1513, as added by 1972, ch. 336, sec. 1, p. 873.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 15 - CHILDREN AND VULNERABLE ADULTS › Section 18-1515 - DISSEMINATING MATERIAL HARMFUL TO MINORS — DEFINED — PENALTY.

18-1515. DISSEMINATING MATERIAL HARMFUL TO MINORS — DEFINED — PENALTY. A person is guilty of disseminating material harmful to minors when:
1. He knowingly gives or makes available to a minor or promotes or possesses with intent to promote to minors, or he knowingly sells or loans to a minor for monetary consideration:
(a) Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct or sado-masochistic abuse and which is harmful to minors; or
(b) Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in paragraph (a) hereof, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sado-masochistic abuse and which, taken as a whole, is harmful to minors; or
(c) Any other material harmful to minors.
2. With reference to a motion picture, show or other presentation which depicts nudity, sexual conduct or sado-masochistic abuse, and which is harmful to minors, he knowingly:
(a) Exhibits such motion picture, show or other presentation to a minor for a monetary consideration; or
(b) Sells to a minor an admission ticket or pass to premises whereon there is exhibited or to be exhibited such motion picture, show or other presentation; or
(c) Admits a minor for a monetary consideration to premises whereon there is exhibited or to be exhibited such motion picture, show or other presentation; or
(d) Exhibits such motion picture, show or other presentation to a minor not for a monetary consideration; or
(e) Gives without monetary consideration to a minor an admission ticket or pass to premises where there is exhibited or to be exhibited such motion picture, show, or other presentation.
Disseminating material harmful to minors is a misdemeanor punishable by confinement in the county jail not to exceed one (1) year, or by a fine not to exceed one thousand dollars ($1,000), or by both such fine and jail sentence.
History:
[I.C., sec. 18-1515, as added by 1972, ch. 336, sec. 1, p. 875.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 15 - CHILDREN AND VULNERABLE ADULTS › Section 18-1516 - MISREPRESENTATIONS — PARENTHOOD OR AGE — MISDEMEANOR.

18-1516. MISREPRESENTATIONS — PARENTHOOD OR AGE — MISDEMEANOR. A person is guilty of a misdemeanor when:
1. He knowingly misrepresents that he is a parent or guardian of a minor for the purpose of obtaining admission of any minor to any motion picture, show, or other presentation which is harmful to minors as defined in section 18-1515, subsection 2.
2. If he is a minor and misrepresents his age for the purpose of obtaining admission to any motion picture, show, or other presentation which is harmful to minors as defined in section 18-1515, subsection 2.
History:
[I.C., sec. 18-1516, as added by 1972, ch. 336, sec. 1, p. 876.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 15 - CHILDREN AND VULNERABLE ADULTS › Section 18-1517 - DISSEMINATING MATERIAL HARMFUL TO MINORS — DEFENSES.

18-1517. DISSEMINATING MATERIAL HARMFUL TO MINORS — DEFENSES. 1. In any prosecution for disseminating material harmful to minors, it is an affirmative defense that:
(a) The defendant had reasonable cause to believe that the minor involved was eighteen (18) years old or more, or such minor exhibited to the defendant a draft card, driver’s license, birth certificate, or other official or apparently official document purporting to establish that the minor was eighteen (18) years of age or older.
(b) The minor involved was accompanied by his parent or legal guardian, or by an adult and the adult represented that he was the minor’s parent or guardian or an adult and signed a written statement to that effect.
(c) The defendant was the parent or guardian of the minor involved.
(d) The defendant was a bona fide school, college, university, museum or public library, or was acting in his capacity as an employee of such an organization or a retail outlet affiliated with and serving the educational purposes of such an organization.
History:
[I.C., sec. 18-1517, as added by 1972, ch. 336, sec. 1, p. 876.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 15 - CHILDREN AND VULNERABLE ADULTS › Section 18-1517A - HIRING, EMPLOYING, ETC., MINOR TO ENGAGE IN CERTAIN ACTS — PENALTY.

18-1517A. HIRING, EMPLOYING, ETC., MINOR TO ENGAGE IN CERTAIN ACTS — PENALTY. Every person who, with knowledge that a person is a minor under eighteen (18) years of age, or who, while in the possession of such facts that he should reasonably know that such person is a minor under eighteen (18) years of age, hires, employs, or uses such minor to do or assist in doing any of the acts described in section 18-4103, Idaho Code, is guilty of a misdemeanor. If such person has previously been convicted of a violation of this section he shall be guilty of a felony.
History:
[I.C., sec. 18-1517A, as added by 1973, ch. 305, sec. 18, p. 655.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 15 - CHILDREN AND VULNERABLE ADULTS › Section 18-1518 - TIE-IN SALES OF PROHIBITED MATERIALS — MISDEMEANOR.

18-1518. TIE-IN SALES OF PROHIBITED MATERIALS — MISDEMEANOR. No person shall as a condition to a sale or delivery for resale of any book, paper, magazine, periodical, or other material require that the purchaser or consignee receive for resale any article, the promotion of which is prohibited by this act. Any violation hereof is a misdemeanor.
History:
[I.C., sec. 18-1518, as added by 1972, ch. 336, sec. 1, p. 876.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 15 - CHILDREN AND VULNERABLE ADULTS › Section 18-1519 - EACH PROHIBITED ITEM DISSEMINATED CONSTITUTES SEPARATE OFFENSE.

18-1519. EACH PROHIBITED ITEM DISSEMINATED CONSTITUTES SEPARATE OFFENSE. If more than one (1) article or item of material prohibited under this statute, is sold, given, advertised for sale, distributed commercially or promoted, in violation of the provisions of this act by the same person, each such sale, gift, advertisement, distribution, or promotion shall constitute a separate offense.
History:
[I.C., sec. 18-1519, as added by 1972, ch. 336, sec. 1, p. 876.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 15 - CHILDREN AND VULNERABLE ADULTS › Section 18-1520 - DISTRICT COURTS — INJUNCTIONS — TRIAL — ORDERS OF INJUNCTION.

18-1520. DISTRICT COURTS — INJUNCTIONS — TRIAL — ORDERS OF INJUNCTION. The district courts have jurisdiction to enjoin the sale or distribution of material harmful to minors, and to direct the seizure and destruction of the same, as hereinafter specified:
1. The prosecuting attorney of any county in which a person, firm, or corporation sells, distributes or promotes, or is about to sell, distribute or promote, or has in his possession with intent to sell, distribute or promote, or is about to acquire possession with intent to sell, distribute or promote, any material harmful to minors, may maintain an action in the name of the state of Idaho for an injunction against such person, firm, or corporation in the district court of that county to prevent the sale, distribution or promotion, or further sale, distribution, or promotion, or the acquisition or possession of any material harmful to minors.
2. The person, firm or corporation sought to be enjoined shall be entitled to a trial of the issues within one (1) day after joinder of issue and a decision shall be rendered by the court within two (2) days of the conclusion of the trial.
3. In the event that a final order or judgment of injunction be entered in favor of the state of Idaho and against the person, firm, or corporation sought to be enjoined, such final order or judgment shall contain a provision directing the person, firm or corporation to cease and desist from the sale of all materials adjudged to be harmful to minors.
4. Such final order or judgment of injunction shall not enjoin or prohibit a person, firm or corporation from sale, distribution or promotion of material harmful to minors to persons other than minors, nor shall it order the seizure and destruction of material harmful to minors unless the court finds and concludes that the person, firm or corporation has been selling, distributing or promoting, or intends to sell, distribute or promote such material to minors.
5. In any action brought as herein provided the state of Idaho shall not be required to file any undertaking before the issuance of an injunction order, shall not be liable for costs, and shall not be liable for damages sustained by reason of the injunction order in cases where judgment is rendered in favor of the person, firm or corporation sought to be enjoined.
6. Every person, firm, or corporation who sells, distributes, or promotes, or acquires possession with intent to sell, distribute, or promote any material harmful to minors, after the service upon him of a summons and complaint in an action brought pursuant to this section, is chargeable with knowledge of the contents thereof.
History:
[I.C., sec. 18-1520, as added by 1972, ch. 336, sec. 1, p. 877.]