I.C. § 18-100

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 1. Preliminary Provisions

§ 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the criminal laws of the state of Idaho that existed on December 31, 1971, unless otherwise specifically amended or repealed by this act.

Any provision of law that was in effect on December 31, 1971, is not repealed by inference or implication by enactment of this code.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.

CREDIT(S)

S.L. 1972, ch. 381, § 1.

Codifications: I.C. § 18-100.

Current through (2013) Chs. 1, 2, 4, 17, 20, 22, 39, 40, 41, 47, 55, 62, 67, 82, 83, 96, 97, 109, 112, 113, 135, 140, 147, 155, 170, 179, 180, 184, 225, 239, 243, 253, 261, 263, 271, 272, 276, 294, 329, 330, 332, 334, 337, 340, 345, 353 that are effective on or before July 1, 2013

I.C. § 18-101

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 1. Preliminary Provisions

§ 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-101A

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 1. Preliminary Provisions

§ 18-101A. Definitions

As used in titles 18, 19 and 20, Idaho Code, and elsewhere in the Idaho Code, unless otherwise specifically provided or unless the context clearly indicates or requires otherwise, the following terms shall be defined as follows:

(1) “Correctional facility” means a facility for the confinement of prisoners or juvenile offenders. The term shall be construed to include references to terms including, but not limited to, “prison,” “state prison,” “state penitentiary,” “governmental detention facility,” “penal institution (facility),” “correctional institution,” “juvenile correctional center,” “Idaho security medical program,” “detention institution (facility),” “juvenile detention center (facility),” “county jail,” “jail,” “private prison (facility),” “private correctional facility,” or those facilities that detain juvenile offenders pursuant to a contract with the Idaho department of juvenile corrections.

(2) “In-state prisoner” means any person who has been charged with or convicted of a crime in the state of Idaho or who is being detained pursuant to a court order, and

(a) Who is being housed in any state, local or private correctional facility, or

(b) Who is being transported in any manner within or through the state of Idaho.

(3) “Local correctional facility” means a facility for the confinement of prisoners operated by or under the control of a county or city. The term shall include references to “county jail,” or “jail.” The term shall also include a private correctional facility housing prisoners under the custody of the state board of correction, the county sheriff or other local law enforcement agency.

(4) “Out-of-state prisoner” or “out-of-state inmate” means any person who is convicted of and sentenced for a crime in a state other than the state of Idaho, or under the laws of the United States or other foreign jurisdiction, and

(a) Who is being housed in any state, local or private correctional facility in the state of Idaho, or

(b) Who is being transported in any manner within or through the state of Idaho.

(5) “Parolee” means a person who has been convicted of a felony and who has been placed on parole by the Idaho commission for pardons and parole or similar body of another state, the United States, or a foreign jurisdiction, and who is not incarcerated in any state, local or private correctional facility, and who is being supervised by employees of the Idaho department of correction.

(6) “Prisoner” means a person who has been convicted of a crime in the state of Idaho or who is being detained pursuant to a court order, or who is convicted of and sentenced for a crime in a state other than the state of Idaho, or under the laws of the United States or other foreign jurisdiction, and

(a) Who is being housed in any state, local or private correctional facility, or

(b) Who is being transported in any manner within or through the state of Idaho.

The term shall be construed to include references to terms including, but not limited to, “inmate,” “convict,” “detainee,” and other similar terms, and shall include “out-of-state prisoner” and “out-of-state inmate. ”

(7) “Private correctional facility” or “private prison (facility)” means a correctional facility constructed or operated in the state of Idaho by a private prison contractor.

(8) “Private prison contractor” means any person, organization, partnership, joint venture, corporation or other business entity engaged in the site selection, design, design/building, acquisition, construction, construction/management, financing, maintenance, leasing, leasing/purchasing, management or operation of private correctional facilities or any combination of these services.

(9) “Probationer” means a person who has been placed on felony probation by an Idaho court, or a court of another state, the United States, or a foreign jurisdiction, and who is not incarcerated in any state, local or private correctional facility, and who is being supervised by employees of the Idaho department of correction.

(10) “State correctional facility” means a facility for the confinement of prisoners, owned or operated by or under the control of the state of Idaho. The term shall include references to “state prison,” “state penitentiary” or “state penal institution (facility).” The term shall also include a private correctional facility housing prisoners under the custody of the board of correction.

(11) “Supervising officer” means an employee of the Idaho department of correction who is charged with or whose duties include supervision of felony parolees or felony probationers.

(12) “Juvenile offender” means a person younger than eighteen (18) years of age or who was younger than eighteen (18) years of age at the time of any act, omission, or status for which the person is being detained in a correctional facility pursuant to court order.

CREDIT(S)

S.L. 2000, ch. 272, § 1;S.L. 2005, ch. 177, § 1;S.L. 2008, ch. 60, § 1, eff. July 1, 2008.

I.C. § 18-101B

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 1. Preliminary Provisions

§ 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.

CREDIT(S)

S.L. 2000, ch. 272, § 2.

I.C. § 18-102

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 1. Preliminary Provisions

§ 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-103

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 1. Preliminary Provisions

§ 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-104

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 1. Preliminary Provisions

§ 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-105

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 1. Preliminary Provisions

§ 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-106

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 1. Preliminary Provisions

§ 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-107

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 1. Preliminary Provisions

§ 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-108

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 1. Preliminary Provisions

§ 18-108. Repealed

I.C. § 18-109

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 1. Preliminary Provisions

§ 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-110

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 1. Preliminary Provisions

§ 18-110. Grades of crime

Crimes are divided into:

1. Felonies; and

2. Misdemeanors.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-111

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 1. Preliminary Provisions

§ 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 one hundred dollars ($100) 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1982, ch. 353, § 6.

I.C. § 18-111A

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 1. Preliminary Provisions

§ 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.

CREDIT(S)

S.L. 1972, ch. 381, § 2.

Codifications: I.C. § 18-111A.

I.C. § 18-111B

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 1. Preliminary Provisions

§ 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.

CREDIT(S)

S.L. 1972, ch. 381, § 3.

Codifications: I.C. § 18-111B.

I.C. § 18-112

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 1. Preliminary Provisions

§ 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1994, ch. 134, § 1.

I.C. § 18-112A

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 1. Preliminary Provisions

§ 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.

CREDIT(S)

S.L. 1986, ch. 312, § 1; S.L. 1994, ch. 134, § 2.

I.C. § 18-113

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 1. Preliminary Provisions

§ 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1994, ch. 141, § 1;S.L. 2005, ch. 359, § 1.

I.C. § 18-113A

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 1. Preliminary Provisions

§ 18-113A. Punishment for infraction

Every offense declared to be an infraction is punishable only by a penalty not exceeding one hundred dollars ($100) and no imprisonment.

CREDIT(S)

S.L. 1982, ch. 353, § 7.

I.C. § 18-113B

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 1. Preliminary Provisions

§ 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.

CREDIT(S)

S.L. 1984, ch. 82, § 1; S.L. 2004, ch. 23, § 2.

I.C. § 18-114

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 1. Preliminary Provisions

§ 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-115

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 1. Preliminary Provisions

§ 18-115. Manifestation of intent

Intent or intention is manifested by the commission of the acts and surrounding circumstances connected with the offense.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1994, ch. 131, § 1.

Codifications: I.C. § 18-115.

I.C. § 18-116

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 1. Preliminary Provisions

§ 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1997, ch. 53, § 1.

I.C. § 18-201

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 2. Persons Liable, Principals and Accessories

§ 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

Codifications: I.C. § 18-201.

I.C. § 18-202

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 2. Persons Liable, Principals and Accessories

§ 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-203

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 2. Persons Liable, Principals and Accessories

§ 18-203. Classification of parties

The parties to crimes are classified as:

1. Principals; and

2. Accessories.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-204

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 2. Persons Liable, Principals and Accessories

§ 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1994, ch. 131, § 2.

I.C. § 18-205

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 2. Persons Liable, Principals and Accessories

§ 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1981, ch. 169, § 1; S.L. 1994, ch. 131, § 3;S.L. 2001, ch. 119, § 1;S.L. 2003, ch. 217, § 1.

I.C. § 18-206

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 2. Persons Liable, Principals and 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1994, ch. 131, § 4.

I.C. § 18-207

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 2. Persons Liable, Principals and Accessories

§ 18-207. Mental condition not a defense--Provision for treatment during incarceration--Reception of evidence--Notice and appointment of expert examiners

(1) Mental condition shall not be a defense to any charge of criminal conduct.

(2) If by the provisions of section 19-2523, Idaho Code, the court finds that one convicted of crime suffers from any mental condition requiring treatment, such person shall be committed to the board of correction or such city or county official as provided by law for placement in an appropriate facility for treatment, having regard for such conditions of security as the case may require. In the event a sentence of incarceration has been imposed, the defendant shall receive treatment in a facility which provides for incarceration or less restrictive confinement. In the event that a course of treatment thus commenced shall be concluded prior to the expiration of the sentence imposed, the offender shall remain liable for the remainder of such sentence, but shall have credit for time incarcerated for treatment.

(3) Nothing herein is intended to prevent the admission of expert evidence on the issue of any state of mind which is an element of the offense, subject to the rules of evidence.

(4) No court shall, over the objection of any party, receive the evidence of any expert witness on any issue of mental condition, or permit such evidence to be placed before a jury, unless such evidence is fully subject to the adversarial process in at least the following particulars:

(a) Notice must be given at least ninety (90) days in advance of trial, or such other period as justice may require, that a party intends to raise any issue of mental condition and to call expert witnesses concerning such issue, failing which such witness shall not be permitted to testify until such time as the opposing party has a complete opportunity to consider the substance of such testimony and prepare for rebuttal through such opposing expert(s) as the party may choose.

(b) A party who expects to call an expert witness to testify on an issue of mental condition must, on a schedule to be set by the court, furnish to the opposing party a written synopsis of the findings of such expert, or a copy of a written report. The court may authorize the taking of depositions to inquire further into the substance of such reports or synopses.

(c) Raising an issue of mental condition in a criminal proceeding shall constitute a waiver of any privilege that might otherwise be interposed to bar the production of evidence on the subject and, upon request, the court shall order that the state's experts shall have access to the defendant in such cases for the purpose of having its own experts conduct an examination in preparation for any legal proceeding at which the defendant's mental condition may be in issue.

(d) The court is authorized to appoint at least one (1) expert at public expense upon a showing by an indigent defendant that there is a need to inquire into questions of the defendant's mental condition. The costs of examination shall be paid by the defendant if he is financially able. The determination of ability to pay shall be made in accordance with chapter 8, title 19, Idaho Code.

(e) If an examination cannot be conducted by reason of the unwillingness of the defendant to cooperate, the examiner shall so advise the court in writing. In such cases the court may deny the party refusing to cooperate the right to present evidence in support of a mental status claim unless the interest of justice requires otherwise and shall instruct the jury that it may consider the party's lack of cooperation for its effect on the credibility of the party's mental status claim.

CREDIT(S)

S.L. 1982, ch. 368, § 2; S.L. 1996, ch. 225, § 1.

I.C. § 18-208

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 2. Persons Liable, Principals and Accessories

§§ 18-208, 18-209. Repealed

I.C. § 18-209

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 2. Persons Liable, Principals and Accessories

§§ 18-208, 18-209. Repealed

I.C. § 18-210

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 2. Persons Liable, Principals and Accessories

§ 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

Codifications: I.C. § 18-210.

I.C. § 18-211

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 2. Persons Liable, Principals and Accessories

§ 18-211. Examination of defendant--Appointment of psychiatrists and licensed psychologists--Hospitalization--Report

(1) Whenever there is reason to doubt the defendant's fitness to proceed as set forth in section 18-210, Idaho Code, the court shall appoint at least one (1) qualified psychiatrist or licensed psychologist or shall request the director of the department of health and welfare to designate at least one (1) qualified psychiatrist or licensed psychologist to examine and report upon the mental condition of the defendant to assist counsel with defense or understand the proceedings. The appointed examiner shall also evaluate whether the defendant lacks capacity to make informed decisions about treatment. The costs of examination shall be paid by the defendant if he is financially able. The determination of ability to pay shall be made in accordance with chapter 8, title 19, Idaho Code.

(2) Within three (3) days, excluding Saturdays, Sundays and legal holidays, of the appointment or designation, the examiner shall determine the best location for the examination. If practical, the examination shall be conducted locally on an outpatient basis.

(3) If the examiner determines that confinement is necessary for purposes of the examination, the court may order the defendant to be confined to a jail, a hospital, or other suitable facility for that purpose for a period not exceeding thirty (30) days. The order of confinement shall require the county sheriff to transport the defendant to and from the facility and shall notify the facility of any known medical, behavioral, or security requirements of the defendant. The court, upon request, may make available to the examiner any court records relating to the defendant.

(4) In such examination any method may be employed which is accepted by the examiner's profession for the examination of those alleged not to be competent to assist counsel in their defense.

(5) Upon completion of the examination a report shall be submitted to the court and shall include the following:

(a) a description of the nature of the examination;

(b) a diagnosis or evaluation of the mental condition of the defendant;

(c) an opinion as to the defendant's capacity to understand the proceedings against him and to assist in his own defense;

(d) an opinion whether the defendant lacks the capacity to make informed decisions about treatment. “Lack of capacity to make informed decisions about treatment” means the defendant's inability, by reason of his mental condition, to achieve a rudimentary understanding of the purpose, nature, and possible significant risks and benefits of treatment, after conscientious efforts at explanation.

(6) If the examination cannot be conducted by reason of the unwillingness of the defendant to participate therein, the report shall so state and shall include, if possible, an opinion as to whether such unwillingness of the defendant was the result of mental disease or defect.

(7) The report of the examination shall be filed in triplicate with the clerk of the court, who shall cause copies to be delivered to the prosecuting attorney and to counsel for the defendant.

(8) When the defendant wishes to be examined by an expert of his own choice, such examiner shall be permitted to have reasonable access to the defendant for the purpose of examination.

(9) In addition to the psychiatrist or licensed psychologist, the court may appoint additional experts to examine the defendant. In the event a defendant is suspected of being developmentally disabled, the examination shall proceed with those experts set out in subsection (7) of section 66-402, Idaho Code.

(10) If the defendant lacks capacity to make informed decisions about treatment, as defined in section 66-317, Idaho Code, the court may authorize consent to be given pursuant to section 66-322, Idaho Code. If the defendant lacks capacity to make informed decisions as defined in subsection (9) of section 66-402, Idaho Code, the court may authorize consent to be given pursuant to sections 66-404 and 66-405, Idaho Code.

(11) If the defendant was confined solely for the purpose of examination, he shall be released from the facility within three (3) days, excluding Saturdays, Sundays and legal holidays following notification of completion of the examination.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1974, ch. 165, § 1; S.L. 1980, ch. 312, § 1; S.L. 1982, ch. 368, § 3; S.L. 1987, ch. 40, § 1; S.L. 1996, ch. 225, § 2;S.L. 1998, ch. 90, § 7;S.L. 1999, ch. 293, § 4;S.L. 2000, ch. 234, § 1.

I.C. § 18-212

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 2. Persons Liable, Principals and Accessories

§ 18-212. Determination of fitness of defendant to proceed--Suspension of proceeding and commitment of defendant--Postcommitment hearing

(1) When the defendant's fitness to proceed is drawn in question, the issue shall be determined by the court. The court shall also determine, based on the examiner's findings, whether the defendant lacks capacity to make informed decisions about treatment. If neither the prosecuting attorney nor counsel for the defendant contests the finding of the report filed pursuant to section 18-211, Idaho Code, the court may make the determination on the basis of such report. If the finding is contested, the court shall hold a hearing on the issue. If the report is received in evidence upon such hearing, the party who contests the finding thereof shall have the right to summon and to cross-examine the psychiatrist or licensed psychologist who submitted the report and to offer evidence upon the issue.

(2) If the court determines that the defendant lacks fitness to proceed, the proceeding against him shall be suspended, except as provided in subsections (5) and (6) of this section, and the court shall commit him to the custody of the director of the department of health and welfare, for a period not exceeding ninety (90) days, for care and treatment at an appropriate facility of the department of health and welfare or if the defendant is found to be dangerously mentally ill as defined in section 66-1305, Idaho Code, to the department of correction for a period not exceeding ninety (90) days. The order of commitment shall include the finding by the court whether the defendant lacks capacity to make informed decisions about treatment. For purposes of this section “facility” shall mean a state hospital, institution, mental health center, or those facilities enumerated in subsection (8) of section 66-402, Idaho Code, equipped to evaluate or rehabilitate such defendants. The order of commitment shall require the county sheriff to transport the defendant to and from the facility and require an evaluation of the defendant's mental condition at the time of admission to the facility, and a progress report on the defendant's mental condition. The progress report shall include an opinion whether the defendant is fit to proceed, or if not, whether there is a substantial probability the defendant will be fit to proceed within the foreseeable future. If the report concludes that there is a substantial probability that the defendant will be fit to proceed in the foreseeable future, the court may order the continued commitment of the defendant for an additional one hundred eighty (180) days. If at any time the director of the facility to which the defendant is committed determines that the defendant is fit to proceed, such determination shall be reported to the court.

(3) If during a commitment under this section a defendant who has the capacity to make informed decisions about treatment refuses any and all treatment, or the only treatment available to restore competency for trial, the court shall, within seven (7) days, excluding weekends and holidays, of receiving notice of the defendant's refusal from the facility, conduct a hearing on whether to order involuntary treatment or order such other terms and conditions as may be determined appropriate. The burden shall be on the state to demonstrate grounds for involuntary treatment including, but not limited to: the prescribed treatment is essential to restore the defendant's competency, the medical necessity and appropriateness of the prescribed treatment, no less intrusive treatment alternative exists to render the defendant competent for trial, and other relevant information. If each of these findings is made by the court, treatment shall be ordered consistent with the findings.

(4) Each report shall be filed in triplicate with the clerk of the court, who shall cause copies to be delivered to the prosecuting attorney and to counsel for the defendant. Upon receipt of a report, the court shall determine, after a hearing if a hearing is requested, the disposition of the defendant and the proceedings against him. If the court determines that the defendant is fit to proceed, the proceeding shall be resumed. If at the end of the initial ninety (90) days the court determines that the defendant is unfit and there is not a substantial probability the defendant will be fit to proceed within the foreseeable future or if the defendant is not fit to proceed after the expiration of the additional one hundred eighty (180) days, involuntary commitment proceedings shall be instituted pursuant to either section 66-329 or 66-406, Idaho Code, in the court in which the criminal charge is pending.

(5) In its review of commitments pursuant to section 66-337, Idaho Code, the department of health and welfare shall determine whether the defendant is fit to proceed with trial. The department of health and welfare shall review its commitments pursuant to chapter 4, title 66, Idaho Code, and may recommend that the defendant is fit to proceed with trial. If the district court which committed the defendant pursuant to section 66-406, Idaho Code, agrees with the department's recommendation and finds the conditions which justified the order pursuant to section 66-406, Idaho Code, do not continue to exist, criminal proceedings may resume. If the defendant is fit to proceed, the court in which the criminal charge is pending shall be notified and the criminal proceedings may resume. If, however, the court is of the view that so much time has elapsed, excluding any time spent free from custody by reason of the escape of the defendant, since the commitment of the defendant that it would be unjust to resume the criminal proceeding, the court may dismiss the charge.

(6) If a defendant escapes from custody during his confinement, the director shall immediately notify the court from which committed, the prosecuting attorney and the sheriff of the county from which committed. The court shall forthwith issue an order authorizing any health officer, peace officer, or the director of the institution from which the defendant escaped, to take the defendant into custody and immediately return him to his place of confinement.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1974, ch. 165, § 2; S.L. 1977, ch. 13, § 1; S.L. 1980, ch. 312, § 2; S.L. 1982, ch. 368, § 4; S.L. 1987, ch. 40, § 2; S.L. 1999, ch. 293, § 5;S.L. 2000, ch. 234, § 2.

I.C. § 18-213

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 2. Persons Liable, Principals and Accessories

§§ 18-213, 18-214. Repealed

I.C. § 18-214

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 2. Persons Liable, Principals and Accessories

§§ 18-213, 18-214. Repealed

I.C. § 18-215

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 2. Persons Liable, Principals and Accessories

§ 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1980, ch. 312, § 5; S.L. 1982, ch. 368, § 5.

Codifications: I.C. § 18-215.

I.C. § 18-216

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 2. Persons Liable, Principals and Accessories

§ 18-216. Criminal trial of juveniles barred--Exceptions--Jurisdictional hearing--Transfer of defendant to district court

(1) A person shall not be tried for or convicted of an offense if:

(a) At the time of the conduct charged to constitute the offense he was less than fourteen (14) years of age; or

(b) At the time of the conduct charged to constitute the offense he was less than eighteen (18) but not less than fourteen (14) years of age, unless:

1. A court of this state has no jurisdiction over him pursuant to chapter 5, title 20, Idaho Code, or

2. The court having jurisdiction pursuant to chapter 5, title 20, Idaho Code, has entered an order waiving jurisdiction and consenting to the institution of criminal proceedings against him.

(2) No court shall have jurisdiction to try or convict a person of an offense if criminal proceedings against him are barred by subsection (1) of this section. When it appears that a person charged with the commission of an offense may be of such an age that criminal proceedings may be barred under subsection (1) of this section, the court shall hold a hearing thereon, and the burden shall be on the prosecution to establish to the satisfaction of the court that the criminal proceeding is not barred upon such grounds. If the court determines that the proceeding is barred, custody of the person charged shall be surrendered to the court having jurisdiction pursuant to chapter 5, title 20, Idaho Code, and the case, including all papers and processes relating thereto, shall be transferred.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1972, ch. 381, § 4; S.L. 1994, ch. 131, § 5;S.L. 2004, ch. 23, § 3.

I.C. § 18-217

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 2. Persons Liable, Principals and Accessories

§ 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;

(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.

CREDIT(S)

Added by S.L. 2006, ch. 92, § 1, eff. July 1, 2006.

I.C. § 18-301

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 3. Nature and Extent of Punishment in General

§ 18-301. Repealed by S.L. 1995, ch. 16, § 1, eff. Feb. 13, 1995

I.C. § 18-302

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 3. Nature and Extent of Punishment in General

§ 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-303

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 3. Nature and Extent of Punishment in General

§ 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1972, ch. 381, § 5.

Codifications: I.C. § 18-303.

I.C. § 18-304

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 3. Nature and Extent of Punishment in General

§ 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-305

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 3. Nature and Extent of Punishment in General

§ 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-306

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 3. Nature and Extent of Punishment in General

§ 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1994, ch. 131, § 6.

I.C. § 18-307

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 3. Nature and Extent of Punishment in General

§ 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-308

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 3. Nature and Extent of Punishment in General

§ 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1972, ch. 381, § 6.

Codifications: I.C. § 18-308.

I.C. § 18-309

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 3. Nature and Extent of Punishment in General

§ 18-309. Computation of term of imprisonment

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.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1972, ch. 381, § 7; S.L. 1975, ch. 201, § 1; S.L. 1996, ch. 168, § 1.

Codifications: I.C. § 18-309.

I.C. § 18-310

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 3. Nature and Extent of Punishment in General

§ 18-310. Imprisonment--Effect on civil rights and offices

(1) A sentence of custody to the Idaho state board of correction suspends all the civil rights of the person so sentenced including the right to refuse treatment authorized by the sentencing court, and forfeits all public offices and all private trusts, authority or power during such imprisonment: provided that any such person may bring an action for damages or other relief in the courts of this state or have an action brought against such person; and provided further that any such person may lawfully exercise all civil rights that are not political during any period of parole or probation, except the right to ship, transport, possess or receive a firearm, and the right to refuse treatment authorized by the sentencing court.

(2) Upon final discharge, a person convicted of any Idaho felony shall be restored the full rights of citizenship, except that for persons convicted of treason or those offenses enumerated in paragraphs (a) through (jj) of this subsection the right to ship, transport, possess or receive a firearm shall not be restored. As used in this subsection, “final discharge” means satisfactory completion of imprisonment, probation and parole as the case may be.

(a) aggravated assault (18-905, 18-915, Idaho Code);

(b) aggravated battery (18-907, 18-915, Idaho Code);

(d) battery with intent to commit a serious felony (18-911, 18-915, Idaho Code);

(e) burglary (18-1401, Idaho Code);

(f) crime against nature (18-6605, Idaho Code);

(g) domestic battery, felony (18-918, Idaho Code);

(h) enticing of children, felony (18-1509, Idaho Code);

(i) forcible sexual penetration by use of a foreign object (18-6608, Idaho Code);

(j) indecent exposure, felony (18-4116, Idaho Code);

(k) injury to child, felony (18-1501, Idaho Code);

(l) intimidating a witness, felony (18-2604, Idaho Code);

(m) lewd conduct with a minor or child under sixteen (18-1508, Idaho Code);

(n) sexual abuse of a child under sixteen (18-1506, Idaho Code);

(o) sexual exploitation of a child (18-1507, Idaho Code);

(p) felonious rescuing prisoners (18-2501, Idaho Code);

(q) escape by one charged with, convicted of or on probation for a felony (18-2505, Idaho Code);

(r) unlawful possession of a firearm (18-3316, Idaho Code);

(s) degrees of murder (18-4003, Idaho Code);

(t) voluntary manslaughter (18-4006(1), Idaho Code);

(u) assault with intent to murder (18-4015, Idaho Code);

(v) administering poison with intent to kill (18-4014, Idaho Code);

(w) kidnapping (18-4501, Idaho Code);

(x) mayhem (18-5001, Idaho Code);

(y) rape (18-6101, Idaho Code);

(z) male rape (18-6108, Idaho Code);

(aa) robbery (18-6501, Idaho Code);

(bb) ritualized abuse of a child (18-1506A, Idaho Code);

(cc) cannibalism (18-5003, Idaho Code);

(dd) felonious manufacture, delivery or possession with the intent to manufacture or deliver, or possession of a controlled or counterfeit substance (37-2732, Idaho Code);

(ee) trafficking (37-2732B, Idaho Code);

(ff) threats against state officials of the executive, legislative or judicial branch, felony (18-1353A, Idaho Code);

(gg) unlawful discharge of a firearm at a dwelling house, occupied building, vehicle or mobile home (18-3317, Idaho Code);

(hh) unlawful possession of destructive devices (18-3319, Idaho Code);

(ii) unlawful use of destructive device or bomb (18-3320, Idaho Code);

(jj) attempt (18-306, Idaho Code), conspiracy (18-1701, Idaho Code), or solicitation (18-2001, Idaho Code), to commit any of the crimes described in paragraphs (a) through (ii) of this subsection.

(kk) The provisions of this subsection shall apply only to those persons convicted of the enumerated felonies in paragraphs (a) through (jj) of this subsection on or after July 1, 1991, except that persons convicted of the felonies enumerated in paragraphs (s) and (t) of this subsection, for any degree of murder or voluntary manslaughter, shall not be restored the right to ship, transport, possess or receive a firearm regardless of the date of their conviction if the conviction was the result of an offense committed by use of a firearm.

(3) A person not restored to the civil right to ship, transport, possess or receive a firearm may make application to the commission of pardons and parole to restore the civil right to ship, transport, possess or receive a firearm. The commission shall not accept any such application until five (5) years after the date of final discharge. The commission shall conduct the proceeding upon such application pursuant to rules adopted in accordance with the law. The commission shall not restore the right to ship, transport, possess or receive a firearm to any person convicted of murder in the first degree (18-4003, Idaho Code), murder in the second degree (18-4003, Idaho Code), or any felony enumerated in paragraphs (a) through (jj) of subsection (2) of this section, upon which the sentence was enhanced for the use of a firearm during the commission of said felony.

(4) Persons convicted of felonies in other states or jurisdictions shall be allowed to register and vote in Idaho upon final discharge which means satisfactory completion of imprisonment, probation and parole as the case may be. These individuals shall not have the right restored to ship, transport, possess or receive a firearm, in the same manner as an Idaho felon as provided in subsection (2) of this section.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1981, ch. 182, § 1; S.L. 1982, ch. 368, § 6; S.L. 1991, ch. 202, § 1;S.L. 1993, ch. 120, § 2;S.L. 1993, ch. 184, § 1;S.L. 1998, ch. 171, § 1;S.L. 2003, ch. 113, § 1;S.L. 2003, ch. 253, § 1;S.L. 2004, ch. 166, § 1.

I.C. § 18-311

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 3. Nature and Extent of Punishment in General

§ 18-311. Repealed

I.C. § 18-312

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 3. Nature and Extent of Punishment in General

§ 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-313

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 3. Nature and Extent of Punishment in General

§ 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-314

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 3. Nature and Extent of Punishment in General

§ 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-315

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 3. Nature and Extent of Punishment in General

§ 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-316

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 3. Nature and Extent of Punishment in General

§ 18-316. Repealed

I.C. § 18-317

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 3. Nature and Extent of Punishment in General

§ 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-401

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 4. Abandonment or Nonsupport of Wife or Children

§ 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1972, ch. 381, § 8; S.L. 2000, ch. 294, § 1.

Codifications: I.C. § 18-401.

I.C. § 18-402

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 4. Abandonment or Nonsupport of Wife or Children

§ 18-402. Orders providing for children and wife upon violation of preceding section

In any case enumerated in the previous section, the court may render one of the following orders:

1. Should a fine be imposed it may be directed by the court to be paid in whole or in part to the wife, or to the guardian or to the custodian of the child or children, or to an individual appointed by the court as trustee.

2. Before trial, or after conviction, with the consent of the defendant, the court, in its discretion, having regard to the circumstances and to the financial ability or earning capacity of the defendant, shall have the power to make an order which shall be subject to change by it from time to time as circumstances may require, directing the defendant to pay a certain sum weekly during such time as the court may direct, to the wife or to the guardian, or custodian of the minor child or children, or to an individual appointed by the court and to release the defendant from custody or probation during such time as the court may direct upon his or her entering into a recognizance, with or without sureties, in such sum as the court may direct. The condition of the recognizance to be such that if the defendant shall make his or her appearance in court whenever ordered to do so, and shall further comply with the terms of the order and of any subsequent modification thereof, then the recognizance shall be void, otherwise to remain in full force and effect.

3. When conviction is had and a sentence to imprisonment in the county jail is imposed, the court may direct that the person so convicted shall be compelled to work upon the public roads or highways or any other public work in the county where such conviction is had, during the time of such sentence. And it shall be the duty of the county commissioners or of the highway district board within the county where such conviction and sentence is had and where such work is performed by persons under sentence to the county jail to allow an order of payment out of the current fund or maintenance road fund, to the wife, or to the guardian, or custodian of the child or children, or to an individual appointed by the court as trustee, at the end of each calendar month, for the support of such wife, or child or children, ward or wards, a sum not to exceed one and fifty one-hundredths dollars for each day's work of such person.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-403

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 4. Abandonment or Nonsupport of Wife or Children

§ 18-403. Abandonment or nonsupport prima facie wilful

Proof of the abandonment or nonsupport of a wife, or the desertion of a child or children, ward or wards, or the omission to furnish necessary food, clothing, shelter, or medical attendance for a child or children, ward or wards, is prima facie evidence that such abandonment or nonsupport, or omission to furnish food, clothing, shelter, or medical attendance is wilful.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-404

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 4. Abandonment or Nonsupport of Wife or Children

§ 18-404. Proceedings upon violation of provisional order--Disposition of proceeds of forfeited recognizance

If the court be satisfied by the information or complaint and due proof, under oath, that at any time the defendant has violated the terms of such order, it may forthwith proceed with the trial of the defendant under the original indictment or information, or sentence him under the original conviction, or enforce the original sentence, as the case may be. In case of forfeiture of a recognizance and enforcement thereof by execution, the sum recovered may, in the discretion of the court, be paid in whole or in part to the wife or to the guardian or custodian of the minor child or children.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1973, ch. 276, § 2; S.L. 1977, ch. 154, § 3; S.L. 1986, ch. 232, § 2.

Codifications: I.C. § 18-4004.

I.C. § 18-405

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 4. Abandonment or Nonsupport of Wife or Children

§ 18-405. Rules of evidence

No other evidence shall be required to prove marriage of such husband and wife, or that such person is the lawful father or mother of such child or children, than is or shall be required to prove such facts in a civil action. In all prosecutions under this act, any existing provisions of law prohibiting the disclosure of confidential communications between husband and wife, shall not apply, and both husband and wife shall be competent witnesses to testify for or against each other to any and all relevant matters, including the fact of such marriage and the parentage of such child or children. Proof of the desertion of such wife, child or children in destitute or necessitous circumstances or of neglect to furnish such wife, child, or children necessary and proper food, clothing or shelter is prima facie evidence that such desertion or neglect is wilful.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-406

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 4. Abandonment or Nonsupport of Wife or Children

§§ 18-406 to 18-410. Repealed

I.C. § 18-407

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 4. Abandonment or Nonsupport of Wife or Children

§§ 18-406 to 18-410. Repealed

I.C. § 18-408

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 4. Abandonment or Nonsupport of Wife or Children

§§ 18-406 to 18-410. Repealed

I.C. § 18-409

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 4. Abandonment or Nonsupport of Wife or Children

§§ 18-406 to 18-410. Repealed

I.C. § 18-410

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 4. Abandonment or Nonsupport of Wife or Children

§§ 18-406 to 18-410. Repealed

I.C. § 18-501

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 5. Pain-Capable Unborn Child Protection Act

§ 18-501. Short title

This act shall be known and may be cited as the “Pain-Capable Unborn Child Protection Act.”

CREDIT(S)

Added by S.L. 2011, ch. 324, § 1, eff. April 13, 2011.

I.C. § 18-502

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 5. Pain-Capable Unborn Child Protection Act

§ 18-502. Definitions

For purposes of this chapter:

(1) “Abortion” means the use or prescription of any instrument, medicine, drug or other substance or device to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth or to remove a dead unborn child who died as the result of natural causes in utero, accidental trauma, or a criminal assault on the pregnant woman or her unborn child, and which causes the premature termination of the pregnancy;

(2) “Attempt to perform or induce an abortion” means an act, or an omission of a statutorily required act, that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance or induction of an abortion in this state in violation of the provisions of this chapter;

(3) “Fertilization” means the fusion of a human spermatozoon with a human ovum;

(4) “Medical emergency” means a condition that, in reasonable medical judgment, so complicates the medical condition of the pregnant woman as to necessitate the immediate abortion of her pregnancy without first determining postfertilization age to avert her death or for which a delay will create a serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. No condition shall be deemed a medical emergency if based on a claim or diagnosis that the woman will engage in conduct that she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function;

(5) “Physician” means any person licensed to practice medicine and surgery or osteopathic medicine under chapter 18, title 54, Idaho Code;

(6) “Postfertilization age” means the age of the unborn child as calculated from the fertilization of the human ovum;

(7) “Probable postfertilization age of the unborn child” means what, in reasonable medical judgment, will with reasonable probability be the postfertilization age of the unborn child at the time the abortion is planned to be performed;

(8) “Reasonable medical judgment” means a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved;

(9) “Unborn child” or “fetus” means an individual organism of the species homo sapiens from fertilization until live birth; and

(10) “Woman” means a female human being whether or not she has reached the age of majority.

CREDIT(S)

Added by S.L. 2011, ch. 324, § 1, eff. April 13, 2011.

I.C. § 18-503

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 5. Pain-Capable Unborn Child Protection Act

§ 18-503. Legislative findings

The legislature makes the following findings:

(1) Pain receptors (nociceptors) are present throughout the unborn child's entire body by no later than sixteen (16) weeks after fertilization and nerves link these receptors to the brain's thalamus and subcortical plate by no later than twenty (20) weeks.

(2) By eight (8) weeks after fertilization, the unborn child reacts to touch. After twenty (20) weeks, the unborn child reacts to stimuli that would be recognized as painful if applied to an adult human, for example by recoiling.

(3) In the unborn child, application of such painful stimuli is associated with significant increases in stress hormones known as the stress response.

(4) Subjection to such painful stimuli is associated with long-term harmful neurodevelopmental effects, such as altered pain sensitivity and, possibly, emotional, behavioral and learning disabilities later in life.

(5) For the purposes of surgery on unborn children, fetal anesthesia is routinely administered and is associated with a decrease in stress hormones compared to their level when painful stimuli are applied without such anesthesia.

(6) The position, asserted by some medical experts, that the unborn child is incapable of experiencing pain until a point later in pregnancy than twenty (20) weeks after fertilization predominately rests on the assumption that the ability to experience pain depends on the cerebral cortex and requires nerve connections between the thalamus and the cortex. However, recent medical research and analysis, especially since 2007, provides strong evidence for the conclusion that a functioning cortex is not necessary to experience pain.

(7) Substantial evidence indicates that children born missing the bulk of the cerebral cortex, those with hydranencephaly, nevertheless experience pain.

(8) In adults, stimulation or ablation of the cerebral cortex does not alter pain perception, while stimulation or ablation of the thalamus does.

(9) Substantial evidence indicates that structures used for pain processing in early development differ from those of adults, using different neural elements available at specific times during development, such as the subcortical plate, to fulfill the role of pain processing.

(10) Consequently, there is substantial medical evidence that an unborn child is capable of experiencing pain by twenty (20) weeks after fertilization.

(11) It is the purpose of the state of Idaho to assert a compelling state interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain.

(12) Mindful of Leavitt v. Jane L., 518 U.S. 137 (1996), in which, in the context of determining the severability of a state statute regulating abortion, the United States supreme court noted that an explicit statement of legislative intent is of greater weight than inclusion of a severability clause standing alone, the legislature declares that it would have passed this act, and each provision, section, subsection, sentence, clause, phrases, phrase or word thereof, irrespective of the fact that any one (1) or more provisions, sections, subsections, sentences, clauses or words of this act or the application thereof to any person or circumstance, were to be declared unconstitutional.

CREDIT(S)

Added by S.L. 2011, ch. 324, § 1, eff. April 13, 2011.

I.C. § 18-504

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 5. Pain-Capable Unborn Child Protection Act

§ 18-504. Determination of postfertilization age

(1) Except in the case of a medical emergency, no abortion shall be performed or induced or be attempted to be performed or induced unless the physician performing or inducing it has first made a determination of the probable postfertilization age of the unborn child or relied upon such a determination made by another physician. In making such a determination, a physician shall make such inquiries of the woman and perform or cause to be performed such medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary to perform in making an accurate diagnosis with respect to postfertilization age.

(2) Intentional or reckless failure by any physician to conform to any requirement of this section makes the physician subject to medical discipline pursuant to section 54-1814(6), Idaho Code.

CREDIT(S)

Added by S.L. 2011, ch. 324, § 1, eff. April 13, 2011.

I.C. § 18-505

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 5. Pain-Capable Unborn Child Protection Act

§ 18-505. Abortion of unborn child of twenty or more weeks postfertilization age prohibited

No person shall perform or induce or attempt to perform or induce an abortion upon a woman when it has been determined, by the physician performing or inducing the abortion or by another physician upon whose determination that physician relies, that the probable postfertilization age of the woman's unborn child is twenty (20) or more weeks unless, in reasonable medical judgment: (1) she has a condition that so complicates her medical condition as to necessitate the abortion of her pregnancy to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions; or (2) it is necessary to preserve the life of an unborn child. No such condition shall be deemed to exist if it is based on a claim or diagnosis that the woman will engage in conduct that she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function.

CREDIT(S)

Added by S.L. 2011, ch. 324, § 1, eff. April 13, 2011.

I.C. § 18-506

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 5. Pain-Capable Unborn Child Protection Act

§ 18-506. Reporting

(1) Any physician who performs or induces or attempts to perform or induce an abortion shall report to the department of health and welfare, on a schedule and in accordance with forms and rules adopted and promulgated by the department:

(a) If a determination of probable postfertilization age was made, the probable postfertilization age determined and the method and basis of the determination;

(b) If a determination of probable postfertilization age was not made, the basis of the determination that a medical emergency existed;

(c) If the probable postfertilization age was determined to be twenty (20) or more weeks, the basis of the determination that the pregnant woman had a condition that so complicated her medical condition as to necessitate the abortion of her pregnancy to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, or the basis of the determination that it was necessary to preserve the life of an unborn child; and

(d) The method used for the abortion.

(2) By June 30 of each year, the department shall issue a public report providing statistics for the previous calendar year compiled from all of the reports covering that year submitted in accordance with this section for each of the items listed in subsection (1) of this section. Each such report shall also provide the statistics for all previous calendar years during which this section was in effect, adjusted to reflect any additional information from late or corrected reports. The department shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any pregnant woman upon whom an abortion was performed.

(3) Any physician who fails to submit a report by the end of thirty (30) days following the due date shall be subject to a late fee of five hundred dollars ($500) for each additional thirty (30) day period or portion of a thirty (30) day period the report is overdue. Any physician required to report in accordance with this chapter who has not submitted a report, or has submitted only an incomplete report, more than one (1) year following the due date, may, in an action brought by the department, be directed by a court of competent jurisdiction to submit a complete report within a time period stated by court order or be subject to civil contempt. Intentional or reckless failure by any physician to conform to any requirement of this section, other than late filing of a report, makes the physician subject to medical discipline under section 54-1814(6), Idaho Code. Intentional or reckless failure by any physician to submit a complete report in accordance with a court order renders the physician subject to civil contempt and makes the physician subject to medical discipline pursuant to section 54-1814(6), Idaho Code. Intentional or reckless falsification of any report required under this section is a misdemeanor.

(4) Within ninety (90) days after the effective date of this act, the department shall adopt and promulgate rules to assist in compliance with this section. Subsection (1) of this section shall take effect so as to require reports regarding all abortions performed or induced on and after the first day of the first calendar month following the effective date of such rules.

CREDIT(S)

Added by S.L. 2011, ch. 324, § 1, eff. April 13, 2011.

I.C. § 18-507

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 5. Pain-Capable Unborn Child Protection Act

§ 18-507. Criminal penalties

Any person who intentionally or recklessly performs or attempts to perform an abortion in violation of the provisions of section 18-505, Idaho Code, is guilty of a felony. No penalty shall be assessed against the woman upon whom the abortion is performed or attempted to be performed.

CREDIT(S)

Added by S.L. 2011, ch. 324, § 1, eff. April 13, 2011.

I.C. § 18-508

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 5. Pain-Capable Unborn Child Protection Act

§ 18-508. Civil remedies

(1) Any woman upon whom an abortion has been performed in violation of the pain-capable unborn child protection act or the father of the unborn child who was the subject of such an abortion may maintain an action against the person who performed the abortion in an intentional or a reckless violation of the provisions of this chapter for actual damages. Any woman upon whom an abortion has been attempted in violation of the provisions of this chapter may maintain an action against the person who attempted to perform the abortion in an intentional or a reckless violation of the provisions of this chapter for actual damages.

(2) A cause of action for injunctive relief against any person who has intentionally or recklessly violated the provisions of this chapter may be maintained by the woman upon whom an abortion was performed or attempted to be performed in violation of the provisions of this chapter, by any person who is the spouse, parent, sibling, or guardian of, or a current or former licensed health care provider of, the woman upon whom an abortion has been performed or attempted to be performed in violation of the provisions of this chapter, by a prosecuting attorney with appropriate jurisdiction, or by the attorney general. The injunction shall prevent the abortion provider from performing or attempting to perform further abortions in violation of the provisions of this chapter in this state.

(3) No damages may be assessed against the woman upon whom an abortion was performed or attempted to be performed.

CREDIT(S)

Added by S.L. 2011, ch. 324, § 1, eff. April 13, 2011.

I.C. § 18-509

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 5. Pain-Capable Unborn Child Protection Act

§ 18-509. Protection of privacy in court proceedings

In every civil or criminal proceeding or action brought under the pain-capable unborn child protection act, the court shall rule whether the anonymity of any woman upon whom an abortion has been performed or attempted shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that her anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each such order shall be accompanied by specific written findings explaining why the anonymity of the woman should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest and why no reasonable less restrictive alternative exists. In the absence of written consent of the woman upon whom an abortion has been performed or attempted, anyone, other than a public official, who brings an action under the provisions of section 18-508, Idaho Code, shall do so under a pseudonym. This section shall not be construed to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant.

CREDIT(S)

Added by S.L. 2011, ch. 324, § 1, eff. April 13, 2011.

I.C. § 18-510

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 5. Pain-Capable Unborn Child Protection Act

§ 18-510. Litigation defense fund

There is hereby created in the state treasury the pain-capable unborn child protection act litigation fund for the purpose of providing funds to pay for any costs and expenses incurred by the state attorney general in relation to actions surrounding defense of this chapter. This fund may include appropriations, donations, gifts or grants made to the fund. Interest earned on the investment of idle moneys in the fund shall be returned to the fund. Moneys in the fund may be expended pursuant to appropriation.

CREDIT(S)

Added by S.L. 2011, ch. 324, § 1, eff. April 13, 2011.

I.C. § 18-601

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 6. Abortion and Contraceptives

§ 18-601. Interpretation of state statutes and the state constitution

The supreme court of the United States having held in the case of “Planned Parenthood v. Casey” that the states have a “profound interest” in preserving the life of preborn children, Idaho hereby expresses the fundamental importance of that “profound interest” and it is hereby declared to be the public policy of this state that all state statutes, rules and constitutional provisions shall be interpreted to prefer, by all legal means, live childbirth over abortion.

CREDIT(S)

S.L. 2001, ch. 273, § 1.

I.C. § 18-602

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 6. Abortion and Contraceptives

§ 18-602. Legislative findings and intent

(1) The legislature finds:

(a) That children have a special place in society that the law should reflect;

(b) That minors too often lack maturity and make choices that do not include consideration of both immediate and long-term consequences;

(c) That the medical, emotional and psychological consequences of abortion and childbirth are serious and can be lasting, particularly when the patient is immature;

(d) That the capacity to become pregnant and the capacity for mature judgment concerning the wisdom of bearing a child or of having an abortion are not necessarily related;

(e) That parents, when aware that their daughter is pregnant or has had an abortion are in the best position to ensure that she receives adequate medical attention during her pregnancy or after her abortion;

(f) That except in rare cases, parents possess knowledge regarding their child which is essential for a physician to exercise the best medical judgment for that child;

(g) That when a minor is faced with the difficulties of an unplanned pregnancy, the best interests of the minor are always served when there is careful consideration of the rights of parents in rearing their child and the unique counsel and nurturing environment that parents can provide;

(h) That informed consent is always necessary for making mature health care decisions.

(2) It is the intent of the legislature in enacting section 18-609A,Idaho Code, to further the following important and compelling state interests recognized by the United States supreme court in:

(a) Protecting minors against their own immaturity;

(b) Preserving the integrity of the family unit;

(d) Providing a pregnant minor with the advice and support of a parent during a decisional period;

(e) Providing for proper medical treatment and aftercare when the life or physical health of the pregnant minor is at serious risk in the rare instance of a sudden and unexpected medical emergency.

CREDIT(S)

S.L. 2000, ch. 7, § 1;S.L. 2001, ch. 273, § 2.

Codifications: I.C. § 18-601.

I.C. § 18-603

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 6. Abortion and Contraceptives

§ 18-603. Advertising medicines or other means for preventing conception, or facilitating miscarriage or abortion

Every person, except licensed physicians of this state and those licensed or registered health care providers hereinafter referred to acting under their direct supervision or medical order, who wilfully publishes any notice or advertisement of any medicine or means for producing or facilitating a miscarriage or abortion, or for the prevention of conception, or who offers his services by any notice, advertisement, or otherwise to assist in the accomplishment of any such purpose, is guilty of a felony. A licensed physician or licensed or registered health care provider acting at his direction or medical order may lawfully provide examinations, prescriptions, devices and informational materials regarding prevention of conception to any person requesting the same who, in the good faith judgment of the physician or such provider, is sufficiently intelligent and mature to understand the nature and significance thereof.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1974, ch. 69, § 1.

Codifications: I.C. § 18-603.

I.C. § 18-604

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 6. Abortion and Contraceptives

§ 18-604. Definitions

As used in this act:

(1) “Abortion” means the use of any means to intentionally terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child except that, for the purposes of this chapter, abortion shall not mean the use of an intrauterine device or birth control pill to inhibit or prevent ovulations, fertilization or the implantation of a fertilized ovum within the uterus.

(2) “Department” means the Idaho department of health and welfare.

(3) “Emancipated” means any minor who has been married or is in active military service.

(4) “Fetus” and “unborn child.” Each term means an individual organism of the species homo sapiens from fertilization until live birth.

(5) “First trimester of pregnancy” means the first thirteen (13) weeks of a pregnancy.

(6) “Hospital” means an acute care, general hospital in this state, licensed as provided in chapter 13, title 39, Idaho Code.

(7) “Informed consent” means a voluntary and knowing decision to undergo a specific procedure or treatment. To be voluntary, the decision must be made freely after sufficient time for contemplation and without coercion by any person. To be knowing, the decision must be based on the physician's accurate and substantially complete explanation of:

(a) A description of any proposed treatment or procedure;

(b) Any reasonably foreseeable complications and risks to the patient from such procedure, including those related to reproductive health; and

(c) The manner in which such procedure and its foreseeable complications and risks compare with those of each readily available alternative to such procedure, including childbirth and adoption.

The physician must provide the information in terms which can be understood by the person making the decision, with consideration of age, level of maturity and intellectual capability.

(8) “Medical emergency” means a condition which, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function.

(9) “Minor” means a woman less than eighteen (18) years of age.

(10) “Pregnant” and “pregnancy.” Each term shall mean the reproductive condition of having a developing fetus in the body and commences with fertilization.

(11) “Physician” means a person licensed to practice medicine and surgery or osteopathic medicine and surgery in this state as provided in chapter 18, title 54, Idaho Code.

(12) “Second trimester of pregnancy” means that portion of a pregnancy following the thirteenth week and preceding the point in time when the fetus becomes viable, and there is hereby created a legal presumption that the second trimester does not end before the commencement of the twenty-fifth week of pregnancy, upon which presumption any licensed physician may proceed in lawfully aborting a patient pursuant to section 18-608, Idaho Code, in which case the same shall be conclusive and unrebuttable in all civil or criminal proceedings.

(13) “Third trimester of pregnancy” means that portion of a pregnancy from and after the point in time when the fetus becomes viable.

(14) Any reference to a viable fetus shall be construed to mean a fetus potentially able to live outside the mother's womb, albeit with artificial aid.

CREDIT(S)

S.L. 1973, ch. 197, § 3; S.L. 2000, ch. 7, § 2;S.L. 2006, ch. 438, § 1, eff. July 1, 2006.

I.C. § 18-605

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 6. Abortion and Contraceptives

§ 18-605. Unlawful abortions--Procurement of--Penalty

(1) Every person not licensed or certified to provide health care in Idaho who knowingly, except as permitted by this chapter, provides, supplies or administers any medicine, drug or substance to any woman or uses or employs any instrument or other means whatever upon any then-pregnant woman with intent thereby to cause or perform an abortion shall be guilty of a felony and shall be fined not to exceed five thousand dollars ($5,000) and/or imprisoned in the state prison for not less than two (2) and not more than five (5) years.

(2) Any person licensed or certified to provide health care pursuant to title 54, Idaho Code, and who knowingly, except as permitted by the provisions of this chapter, provides, supplies or administers any medicine, drug or substance to any woman or uses or employs any instrument or other means whatever upon any then-pregnant woman with intent to cause or perform an abortion shall:

(a) For the first violation, be subject to professional discipline and be assessed a civil penalty of not less than one thousand dollars ($1,000), payable to the board granting such person's license or certification;

(b) For the second violation, have their license or certification to practice suspended for a period of not less than six (6) months and be assessed a civil penalty of not less than two thousand five hundred dollars ($2,500), payable to the board granting such person's license or certification; and

(c) For each subsequent violation, have their license or certification to practice revoked and be assessed a civil penalty of not less than five thousand dollars ($5,000), payable to the board granting such person's license or certification.

(3) Any person who is licensed or certified to provide health care pursuant to title 54, Idaho Code, and who knowingly violates the provisions of this chapter is guilty of a felony punishable as set forth in subsection (1) of this section, separate from and in addition to the administrative penalties set forth in subsection (2) of this section.

CREDIT(S)

S.L. 1973, ch. 197, § 4; S.L. 2001, ch. 277, § 1;S.L. 2007, ch. 193, § 3, eff. March 27, 2007.

I.C. § 18-606

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 6. Abortion and Contraceptives

§ 18-606. Unlawful abortions--Accomplice or accessory--Submitting to--Penalty

Except as permitted by this act: (1) Every person who, as an accomplice or accessory to any violation of section 18-605, induces or knowingly aids in the production or performance of an abortion; and

(2) Every woman who knowingly submits to an abortion or solicits of another, for herself, the production of an abortion, or who purposely terminates her own pregnancy otherwise than by a live birth, shall be deemed guilty of a felony and shall be fined not to exceed five thousand dollars ($5,000) and/or imprisoned in the state prison for not less than one (1) and not more than five (5) years; provided, however, that no hospital, nurse, or other health care personnel shall be deemed in violation of this section if in good faith providing services in reliance upon the directions of a physician or upon the hospital admission of a patient for such purpose on the authority of a physician.

CREDIT(S)

S.L. 1973, ch. 197, § 5.

I.C. § 18-607

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 6. Abortion and Contraceptives

§ 18-607. Abortifacients--Unauthorized sale

A person who sells, offers to sell, possesses with intent to sell, advertises, or displays for sale anything specially designed to terminate a pregnancy, or held out by the actor as useful for that purpose, commits a misdemeanor, unless:

(1) The sale, offer or display is to a physician or druggist or to an intermediary in a chain of distribution to physicians or druggists; or

(2) The same is made upon prescription or order of a physician; or

(3) The possession is with intent to sell as authorized in paragraphs (1) and (2) of this section; or

(4) The advertising is addressed to persons named in paragraph (1) of this section and confined to trade or professional channels not likely to reach the general public.

CREDIT(S)

S.L. 1973, ch. 197, § 6.

I.C. § 18-608

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 6. Abortion and Contraceptives

§ 18-608. Certain abortions permitted--Conditions and guidelines

The provisions of sections 18-605 and 18-606 shall not apply to and neither this act, nor other controlling rule of Idaho law, shall be deemed to make unlawful an abortion performed by a physician if:

(1) When performed upon a woman who is in the first trimester of pregnancy, the same is performed following the attending physician's consultation with the pregnant patient and a determination by the physician that such abortion is appropriate in consideration of such factors as in his medical judgment he deems pertinent, including, but not limited to physical, emotional, psychological and/or familial factors, that the child would be born with some physical or mental defect, that the pregnancy resulted from rape, incest or other felonious intercourse, and a legal presumption is hereby created that all illicit intercourse with a girl below the age of sixteen (16) shall be deemed felonious for purposes of this section, the patient's age and any other consideration relevant to her well-being or directly or otherwise bearing on her health and, in addition to medically diagnosable matters, including but not limited to such factors as the potential stigma of unwed motherhood, the imminence of psychological harm or stress upon the mental and physical health of the patient, the potential stress upon all concerned of an unwanted child or a child brought into a family already unable, psychologically or otherwise, to care for it, and/or the opinion of the patient that maternity or additional offspring probably will force upon her a distressful life and future; the emotional or psychological consequences of not allowing the pregnancy to continue, and the aid and assistance available to the pregnant patient if the pregnancy is allowed to continue; provided, in consideration of all such factors, the physician may rely upon the statements of and the positions taken by the pregnant patient, and the physician shall not be deemed to have held himself out as possessing special expertise in such matters nor shall he be held liable, civilly or otherwise, on account of his good faith exercise of his medical judgment, whether or not influenced by any such nonmedical factors. Abortions permitted by this subsection shall only be lawful if and when performed in a hospital or in a physician's regular office or a clinic which office or clinic is properly staffed and equipped for the performance of such procedures and respecting which the responsible physician or physicians have made satisfactory arrangements with one or more acute care hospitals within reasonable proximity thereof providing for the prompt availability of hospital care as may be required due to complications or emergencies that might arise.

(2) When performed upon a woman who is in the second trimester of pregnancy, the same is performed in a hospital and is, in the judgment of the attending physician, in the best medical interest of such pregnant woman, considering those factors enumerated in subsection (1) of this section and such other factors as the physician deems pertinent.

(3) When performed upon a woman who is in the third trimester of pregnancy the same is performed in a hospital and, in the judgment of the attending physician, corroborated by a like opinion of a consulting physician concurring therewith, either is necessary for the preservation of the life of such woman or, if not performed, such pregnancy would terminate in birth or delivery of a fetus unable to survive. Third trimester abortions undertaken for preservation of the life of a pregnant patient, as permitted by this subsection, shall, consistent with accepted medical practice and with the well-being and safety of such patient, be performed in a manner consistent with preservation of any reasonable potential for survival of a viable fetus.

CREDIT(S)

S.L. 1973, ch. 197, § 7.

I.C. § 18-608A

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 6. Abortion and Contraceptives

§ 18-608A. Persons authorized to perform abortions

It is unlawful for any person other than a physician to cause or perform an abortion.

CREDIT(S)

S.L. 2000, ch. 7, § 3.

I.C. § 18-609

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 6. Abortion and Contraceptives

§ 18-609. Physicians and hospitals not to incur civil liability--Consent to abortion--Notice

(1) Any physician may perform an abortion not prohibited by this act and any hospital or other facility described in section 18-608, Idaho Code, may provide facilities for such procedures without, in the absence of negligence, incurring civil liability therefor to any person including, but not limited to, the pregnant patient and the prospective father of the fetus to have been born in the absence of abortion, if informed consent for such abortion has been duly given by the pregnant patient.

(2) In order to provide assistance in assuring that the consent to an abortion is truly informed consent, the director of the department of health and welfare shall publish easily comprehended, nonmisleading and medically accurate printed material to be made available at no expense to physicians, hospitals or other facilities providing abortion and abortion-related services, and which shall contain the following:

(a) Descriptions of the services available to assist a woman through a pregnancy, at childbirth and while the child is dependent, including adoption services, a comprehensive list of the names, addresses, and telephone numbers of public and private agencies that provide such services and financial aid available;

(b) Descriptions of the physical characteristics of a normal fetus, described at two (2) week intervals, beginning with the fourth week and ending with the twenty-fourth week of development, accompanied by scientifically verified photographs of a fetus during such stages of development. The description shall include information about physiological and anatomical characteristics; and

(c) Descriptions of the abortion procedures used in current medical practices at the various stages of growth of the fetus and any reasonable foreseeable complications and risks to the mother, including those related to subsequent child bearing.

(3)(a) The department of health and welfare shall develop and maintain a stable internet website, that may be part of an existing website, to provide the information described in subsection (2) of this section. No information regarding persons using the website shall be collected or maintained. The department of health and welfare shall monitor the website on a weekly basis to prevent and correct tampering.

(b) As used in this section, “stable internet website” means a website that, to the extent reasonably practicable, is safeguarded from having its content altered other than by the department of health and welfare.

(c) When a pregnant patient contacts a physician by telephone or visit and inquires about obtaining an abortion, the physician or the physician's agent before or while scheduling an abortion-related appointment must provide the woman with the address of the state-sponsored internet website on which the printed materials described in subsection (2) of this section may be viewed as required in subsection (2) of this section.

(4) Except in the case of a medical emergency, no abortion shall be performed unless, prior to the abortion, the attending physician or the attending physician's agent certifies in writing that the materials provided by the director have been provided to the pregnant patient at least twenty-four (24) hours before the performance of the abortion. If the materials are not available from the director of the department of health and welfare, no certification shall be required. The attending physician, or the attending physician's agent, shall provide any other information required under this act.

(5) All physicians or their agents who use ultrasound equipment in the performance of an abortion shall inform the patient that she has the right to view the ultrasound image of her unborn child before an abortion is performed. If the patient requests to view the ultrasound image, she shall be allowed to view it before an abortion is performed. The physician or agent shall also offer to provide the patient with a physical picture of the ultrasound image of her unborn child prior to the performance of the abortion, and shall provide it if requested by the patient. In addition to providing the material, the attending physician may provide the pregnant patient with such other information which in the attending physician's judgment is relevant to the pregnant patient's decision as to whether to have the abortion or carry the pregnancy to term.

(6) Within thirty (30) days after performing any abortion without certification and delivery of the materials, the attending physician, or the attending physician's agent, shall cause to be delivered to the director of the department of health and welfare, a report signed by the attending physician, preserving the patient's anonymity, denoting the medical emergency that excused compliance with the duty to deliver the materials. The director of the department of health and welfare shall compile the information annually and report to the public the total number of abortions performed in the state where delivery of the materials was excused; provided that any information so reported shall not identify any physician or patient in any manner which would reveal their identities.

(7) If section 18-608(3), Idaho Code, applies to the abortion to be performed and the pregnant patient is an adult and for any reason unable to give a valid consent thereto, the requirement for that pregnant patient's consent shall be met as required by law for other medical or surgical procedures and shall be determined in consideration of the desires, interests and welfare of the pregnant patient.

(8) The knowing failure of the attending physician to perform any one (1) or more of the acts required under subsection (6) of this section or section 39-261, Idaho Code, is grounds for discipline pursuant to section 54-1814(6), Idaho Code, and shall subject the physician to assessment of a civil penalty of one hundred dollars ($100) for each month or portion thereof that each such failure continues, payable to the vital statistics unit of the department of health and welfare, but such failure shall not constitute a criminal act.

CREDIT(S)

S.L. 1973, ch. 197, § 8; S.L. 1982, ch. 242, § 1; S.L. 1983, ch. 149, § 1; S.L. 2000, ch. 7, § 4;S.L. 2006, ch. 438, § 3, eff. July 1, 2006; S.L. 2007, ch. 224, § 1, eff. July 1, 2007; S.L. 2008, ch. 348, § 1, eff. Jan. 1, 2009.

I.C. § 18-609A

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 6. Abortion and Contraceptives

§ 18-609A. Consent required for abortions for minors

(1) Except as otherwise provided in this section, a person shall not knowingly perform an abortion on a pregnant unemancipated minor unless the attending physician has secured the written consent from one (1) of the minor's parents or the minor's guardian or conservator.

(2) A judge of the district court shall, on petition or motion, and after an appropriate hearing, authorize a physician to perform the abortion if the judge determines, by clear and convincing evidence, that:

(a) The pregnant minor is mature and capable of giving informed consent to the proposed abortion; or

(b) The performance of an abortion would be in her best interests.

(3) The pregnant minor may participate in the court proceedings on her own behalf. The court may appoint a guardian ad litem for her. The court shall provide her with counsel unless she appears through private counsel.

(4) Proceedings in the court under this section shall be closed and have precedence over other pending matters. A judge who conducts proceedings under this section shall make in writing specific factual findings and legal conclusions supporting the decision and shall order a confidential record of the evidence to be maintained including the judge's own findings and conclusions. The minor may file the petition using a fictitious name. All records contained in court files of judicial proceedings arising under the provisions of this section shall be confidential and exempt from disclosure pursuant to section 9-340G, Idaho Code. Dockets and other court records shall be maintained and court proceedings undertaken so that the names and identities of the parties to actions brought pursuant to this section will not be disclosed to the public.

(5) The court shall hold the hearing within forty-eight (48) hours, excluding weekends and holidays, after the petition is filed, and shall issue its ruling at the conclusion of the hearing. If the court fails to issue its ruling at the conclusion of the hearing, the petition is deemed to have been granted and the consent requirement is waived.

(6) An expedited confidential appeal is available to a pregnant minor for whom the court denies an order authorizing an abortion without parental consent. A minor shall file her notice of appeal within five (5) days, excluding weekends and holidays, after her petition was denied by the district court. The appellate court shall hold the hearing within forty-eight (48) hours, excluding weekends and holidays, after the notice of appeal is filed and shall issue its ruling at the conclusion of the hearing. If the appellate court fails to issue its ruling at the conclusion of the hearing, the petition is deemed to have been granted and the consent requirement is waived. Filing fees are not required of the pregnant minor at either the district court or the appellate level.

(7) Parental consent or judicial authorization is not required under this section if either:

(a) The pregnant minor certifies to the attending physician that the pregnancy resulted from rape as defined in section 18-6101, Idaho Code, excepting subsections (1) and (2) thereof, or sexual conduct with the minor by the minor's parent, stepparent, uncle, grandparent, sibling, adoptive parent, legal guardian or foster parent.

(b) A medical emergency exists for the minor and the attending physician records the symptoms and diagnosis upon which such judgment was made in the minor's medical record.

CREDIT(S)

Added by S.L. 2007, ch. 193, § 5, eff. March 27, 2007. Amended by S.L. 2010, ch. 352, § 4, eff. July 1, 2010.

I.C. § 18-609F

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 6. Abortion and Contraceptives

§ 18-609F. Reporting by courts

The administrative director of the courts shall compile statistics for each calendar year, accessible to the public, including:

(1) The total number of petitions filed pursuant to section 18-609A, Idaho Code; and

(2) The number of such petitions filed where a guardian ad litem was requested and the number where a guardian ad litem or other person acting in such capacity was appointed; and

(3) The number of petitions where counsel appeared for the minor without court appointment; and

(4) The number of petitions where counsel was requested by the minor and the number where counsel was appointed by the court; and

(5) The number of such petitions for which the right to self-consent was granted; and

(6) The number of such petitions for which the court granted its informed consent; and

(7) The number of such petitions which were denied; and

(8) The number of such petitions which were withdrawn by the minor; and

(9) For categories described in subsections (3), (4) and (7) of this section, the number of appeals taken from the court's order in each category; and

(10) For each of the categories set out in subsection (9) of this section, the number of cases for which the district court's order was affirmed and the number of cases for which the district court's order was reversed; and

(11) The age of the minor for each petition; and

(12) The time between the filing of the petition and the hearing of each petition; and

(13) The time between the hearing and the decision by the court for each petition; and

(14) The time between the decision and filing a notice of appeal for each case, if any; and

(15) The time of extension granted by the court in each case, if any.

CREDIT(S)

Added by S.L. 2007, ch. 193, § 5, eff. March 27, 2007.

I.C. § 18-609G

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 6. Abortion and Contraceptives

§ 18-609G. Statistical records

(1) The bureau of vital statistics of the department of health and welfare shall, in addition to other information required pursuant to section 39-261, Idaho Code, require the complete and accurate reporting of information relevant to each abortion performed upon a minor which shall include, at a minimum, the following:

(a) Whether the abortion was performed following the physician's receipt of:

(i) The written informed consent of a parent, guardian or conservator and the minor; or

(ii) The written informed consent of an emancipated minor for herself; or

(iii) The written informed consent of a minor for herself pursuant to a court order granting the minor the right to self-consent; or

(iv) The court order which includes a finding that the performance of the abortion, despite the absence of the consent of a parent, is in the best interests of the minor; or

(v) Certification from the pregnant minor to the attending physician pursuant to section 18-609A, Idaho Code, that parental consent is not required because the pregnancy resulted from rape as defined in section 18-6101, Idaho Code, excepting subsections (1) and (2) thereof, or sexual conduct with the minor by the minor's parent, stepparent, uncle, grandparent, sibling, adoptive parent, legal guardian or foster parent.

(b) If the abortion was performed due to a medical emergency and without consent from a parent, guardian or conservator or court order, the diagnosis upon which the attending physician determined that the abortion was immediately necessary due to a medical emergency.

(2) The knowing failure of the attending physician to perform any one (1) or more of the acts required under this section is grounds for discipline pursuant to section 54-1814(6), Idaho Code, and shall subject the physician to assessment of a civil penalty of one hundred dollars ($100) for each month or portion thereof that each such failure continues, payable to the bureau of vital statistics of the department of health and welfare, but such failure shall not constitute a criminal act.

CREDIT(S)

Added by S.L. 2007, ch. 193, § 5, eff. March 27, 2007. Amended by S.L. 2010, ch. 352, § 5, eff. July 1, 2010.

I.C. § 18-610

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 6. Abortion and Contraceptives

§ 18-610. Refusal to consent by pregnant woman--Effect

Notwithstanding any provision of law permitting valid consent for medical or surgical procedures to be given by a person or persons other than the patient, the refusal of any pregnant woman, irrespective of age or competence, to submit to an abortion shall be grounds for a physician or hospital otherwise authorized to proceed, to decline performance of an abortion and/or to submit the matter of consent to adjudication by a court of competent jurisdiction.

CREDIT(S)

S.L. 1973, ch. 197, § 9.

I.C. § 18-611

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 6. Abortion and Contraceptives

§ 18-611. Freedom of conscience for health care professionals

(1) As used in this section:

(a) “Abortifacient” means any drug that causes an abortion as defined in section 18-604, Idaho Code, emergency contraception or any drug the primary purpose of which is to cause the destruction of an embryo or fetus.

(b) “Conscience” means the religious, moral or ethical principles sincerely held by any person.

(d) “Fetus” means the developing human life from the start of the ninth week of gestation until birth.

(e) “Health care professional” means any person licensed, certified or registered by the state of Idaho to deliver health care.

(f) “Health care service” means an abortion, dispensation of an abortifacient drug, human embryonic stem cell research, treatment regimens utilizing human embryonic stem cells, human embryo cloning or end of life treatment and care.

(g) “Provide” means to counsel, advise, perform, dispense, assist in or refer for any health care service.

(h) “Religious, moral or ethical principles,” “sincerely held,” “reasonably accommodate” and “undue hardship” shall be construed consistently with title VII of the federal civil rights act of 1964, as amended.

(2) No health care professional shall be required to provide any health care service that violates his or her conscience.

(3) Employers of health care professionals shall reasonably accommodate the conscience rights of their employees as provided in this section, upon advanced written notification by the employee. Such notice shall suffice without specification of the reason therefor. It shall be unlawful for any employer to discriminate against any health care professional based upon his or her declining to provide a health care service that violates his or her conscience, unless the employer can demonstrate that such accommodation poses an undue hardship.

(4) No health care professional or employer of the health care professional shall be civilly, criminally or administratively liable for the health care professional declining to provide health care services that violate his or her conscience, except for life-threatening situations as provided for in subsection (6) of this section.

(5) The provisions of this section do not allow a health care professional or employer of the health care professional to refuse to provide health care services because of a patient's race, color, religion, sex, age, disability or national origin.

(6) If a health care professional invokes a conscience right in a life-threatening situation where no other health care professional capable of treating the emergency is available, such health care professional shall provide treatment and care until an alternate health care professional capable of treating the emergency is found.

(7) In cases where a living will or physician's orders for scope of treatment (POST) is operative, as defined by the medical consent and natural death act, and a physician has a conscience objection to the treatment desired by the patient, the physician shall comply with the provisions of section 39-4513(2), Idaho Code, before withdrawing care and treatment to the patient.

(8) Nothing in this section shall affect the rights of conscience provided for in section 18-612, Idaho Code, to the extent that those rights are broader in scope than those provided for in this section.

CREDIT(S)

Added by S.L. 2010, ch. 127, § 1, eff. July 1, 2010. Amended by S.L. 2011, ch. 225, § 1, eff. July 1, 2011.

I.C. § 18-612

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 6. Abortion and Contraceptives

§ 18-612. Refusal to perform abortions--Physicians and hospitals not liable

Nothing in this act shall be deemed to require any hospital to furnish facilities or admit any patient for any abortion if, upon determination by its governing board, it elects not to do so. Neither shall any physician be required to perform or assist in any abortion, nor shall any nurse, technician or other employee of any physician or hospital be required by law or otherwise to assist or participate in the performance or provision of any abortion if he or she, for personal, moral or religious reasons, objects thereto. Any such person in the employ or under the control of a hospital shall be deemed to have sufficiently objected to participation in such procedures only if he or she has advised such hospital in writing that he or she generally or specifically objects to assisting or otherwise participating in such procedures. Such notice will suffice without specification of the reason therefor. No refusal to accept a patient for abortion or to perform, assist or participate in any such abortion as herein provided shall form the basis of any claim for damages or recriminatory action against the declining person, agency or institution.

CREDIT(S)

S.L. 1973, ch. 197, § 11.

END OF DOCUMENT

I.C. § 18-613

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 6. Abortion and Contraceptives

§ 18-613. Partial-birth abortions prohibited

(1) Prohibited acts. Any physician who knowingly performs a partial-birth abortion and thereby kills a human fetus shall be subject to the penalties imposed in section 18-605, Idaho Code. This section shall not apply to partial-birth abortions necessary to save the life of the mother when her life is endangered by a physical disorder, illness or injury.

(2) Definitions. As used in this section:

(a) “Partial-birth abortion” means an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery.

(b) The phrase “vaginally delivers a living fetus before killing the fetus” means deliberately and intentionally delivering into the vagina a living fetus, or a substantial portion of the fetus, for the purpose of performing a procedure the physician knows will kill the fetus, and which kills the fetus.

(c) “Physician” has the same meaning provided in section 18-604, Idaho Code. However, any individual who is not a physician or not otherwise legally authorized by this state to perform abortions, but who nevertheless directly performs a partial-birth abortion, shall be subject to the prohibitions described in this section.

(3)(a) Civil actions. The father of the aborted fetus, if married to the mother of the aborted fetus at the time of the abortion; or the maternal grandparents of the aborted fetus, if the mother is not at least eighteen (18) years of age at the time of the abortion, may bring a civil action against the defendant physician to obtain appropriate relief. Provided however, that a civil action by the plaintiff father is barred if the pregnancy resulted from criminal conduct by the plaintiff father or he consented to the abortion. Further, a civil action by the plaintiff maternal grandparents is barred if the pregnancy is the result of criminal conduct by a maternal grandparent or a maternal grandparent consented to the abortion.

(b) As used in this section, “appropriate relief” shall include:

(i) Money damages for all mental and physical injuries suffered by the plaintiff as a result of the abortion performed in violation of this section;

(ii) Money damages equal to three (3) times the cost of performing the abortion procedure.

(4)(a) Hearing. A physician accused of violating this section may request a hearing before the state board of medicine to determine whether the mother's life was endangered by a physical disorder, illness or injury and therefor whether performing the abortion was necessary to save the mother's life.

(b) The findings of the board of medicine regarding the issues described in subsection (4)(a) of this section are admissible at the criminal and civil trials of the defendant physician. Upon a motion by the defendant physician, the court shall delay the beginning of the criminal and civil trials for not more than thirty (30) days to permit the hearing to take place.

(5) Immunity. A woman upon whom a partial-birth abortion is performed shall not be prosecuted for violations of this section, for conspiracy to violate this section, or for violations of section 18-603, 18-605 or 18-606, Idaho Code, in regard to the partial-birth abortion performed.

CREDIT(S)

S.L. 1998, ch. 34, § 1.

I.C. § 18-614

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 6. Abortion and Contraceptives

§ 18-614. Defenses to prosecution

(1) No physician shall be subject to criminal or administrative liability for causing or performing an abortion upon a minor in violation of subsection (1) of section 18-609A, Idaho Code, if prior to causing or performing the abortion the physician obtains either positive identification or other documentary evidence from which a reasonable person would have concluded that the woman seeking the abortion was either an emancipated minor or was not then a minor and if the physician retained, at the time of receiving the evidence, a legible photocopy of such evidence in the physician's office file for the woman.

(2) For purposes of this section, “positive identification” means a lawfully issued state, district, territorial, possession, provincial, national or other equivalent government driver's license, identification card or military card, bearing the person's photograph and date of birth, the person's valid passport or a certified copy of the person's birth certificate.

CREDIT(S)

S.L. 2001, ch. 277, § 4;S.L. 2007, ch. 193, § 6, eff. Mar. 27, 2007.

I.C. § 18-615

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 6. Abortion and Contraceptives

§ 18-615. Criminal act to coerce or attempt to coerce a woman to obtain an abortion

(1) A person violates the provisions of this section when, knowing that a woman is pregnant, and with the intent to induce the pregnant woman to abort, whether by a medical procedure or otherwise:

(a) Threatens to inflict physical injury or death on the pregnant woman; or

(b) Conspires to inflict physical injury or death on the pregnant woman; or

(2) A pregnant woman injured by reason of a person's violation of the provisions of this section may bring a civil suit for recovery of damages for such injury, whether or not the perpetrator is criminally prosecuted or convicted. In such a civil suit, the pregnant woman shall be entitled to recover her reasonable attorney's fees and costs if she is the prevailing party.

(3) Violations of the provisions of this section are classified and punishable as follows:

(a) A violation of subsection (1)(a) or (1)(b) of this section constitutes a misdemeanor punishable by not more than six (6) months in jail, or a fine of not more than one thousand dollars ($1,000), or both.

(b) A violation of subsection (1)(c) of this section constitutes a felony punishable by imprisonment for not more than five (5) years, or a fine of not more than five thousand dollars ($5,000), or both.

(4) The term “physical injury” means a condition of the body, such as a wound or external or internal injury, whether of a minor or serious nature, caused by physical force.

(5) The term “woman” includes a minor female.

CREDIT(S)

Added by S.L. 2008, ch. 388, § 1, eff. July 1, 2008.

I.C. § 18-616

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 6. Abortion and Contraceptives

§ 18-616. Severability

If any one (1) or more provision, section, subsection, sentence, clause, phrase, or word of this chapter or the application thereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable and the balance of this chapter shall remain effective notwithstanding such unconstitutionality. The legislature hereby declares that it would have passed every section of this chapter and each provision, section, subsection, sentence, clause, phrase or word thereof irrespective of the fact that any one (1) or more provision, section, subsection, sentence, clause, phrase or word be declared unconstitutional.

CREDIT(S)

S.L. 2000, ch. 7, § 8. Redesignated from § 18-615 by S.L. 2008, ch. 388, § 2, eff. July 1, 2008.

Codifications: I.C.A. § 18-615.

I.C. § 18-701

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Title 18. Crimes and Punishments

Chapter 7. Arrests and Seizures of Persons or Property--Special Officers

§ 18-701. Refusal of officer to make arrest

Every sheriff, coroner, keeper of a jail, constable, or other peace officer, who wilfully refuses to receive or arrest any person charged with criminal offense, is punishable by fine not exceeding $5,000, and imprisonment in the county jail not exceeding one (1) year.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-702

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 7. Arrests and Seizures of Persons or Property--Special Officers

§ 18-702. Repealed

I.C. § 18-703

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 7. Arrests and Seizures of Persons or Property--Special Officers

§ 18-703. Illegal arrests and seizures

Every public officer, or person pretending to be a public officer, who, under the pretense or color of any process or other legal authority, arrests any person or detains him against his will, or seizes or levies upon any property, or dispossesses any one of any lands or tenements, without a regular process or other lawful authority therefor, is guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-704

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Title 18. Crimes and Punishments

Chapter 7. Arrests and Seizures of Persons or Property--Special Officers

§ 18-704. Inhuman treatment of prisoners

Every officer who is guilty of wilful inhumanity or oppression toward any prisoner under his care or in his custody is punishable by fine not exceeding $5,000, and removal from office.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-705

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 7. Arrests and Seizures of Persons or Property--Special Officers

§ 18-705. Resisting and obstructing officers

Every person who wilfully resists, delays or obstructs any public officer, in the discharge, or attempt to discharge, of any duty of his office or who knowingly gives a false report to any peace officer, when no other punishment is prescribed, is punishable by a fine not exceeding one thousand dollars ($1,000), and imprisonment in the county jail not exceeding one (1) year.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1982, ch. 50, § 1.

I.C. § 18-706

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 7. Arrests and Seizures of Persons or Property--Special Officers

§ 18-706. Unnecessary assaults by officers

Every public officer who, under color of authority, without lawful necessity, assaults or beats any person, is punishable by fine not exceeding $5,000 and imprisonment in the county jail not exceeding one (1) year.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-707

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 7. Arrests and Seizures of Persons or Property--Special Officers

§ 18-707. Refusing assistance to officers

Every male person above eighteen (18) years of age who neglects or refuses to join the posse comitatus or power of the county, by neglecting or refusing to aid and assist in taking or arresting any person against whom there may be issued any process, or by neglecting to aid and assist in retaking any person who, after being arrested or confined, may have escaped from such arrest or imprisonment, or by neglecting or refusing to aid and assist in preventing any breach of the peace, or in commission of any criminal offense, being thereto lawfully required by any sheriff, deputy sheriff, coroner, constable, judge or other officer concerned in the administration of justice, is punishable by fine of not less than fifty dollars ($50.00) nor more than $1,000.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-708

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 7. Arrests and Seizures of Persons or Property--Special Officers

§ 18-708. Recapture of goods from legal custody

Every person who wilfully injures or destroys, or takes, or attempts to take, or assists any person in taking or attempting to take, from the custody of any officer or person, any personal property which such officer or person has in charge under any process of law, is guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-709

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 7. Arrests and Seizures of Persons or Property--Special Officers

§ 18-709. Maliciously procuring warrant

Every person who, maliciously and without probable cause, procures a search warrant or warrant of arrest to be issued and executed, is guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-710

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 7. Arrests and Seizures of Persons or Property--Special Officers

§ 18-710. Repealed

I.C. § 18-711

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 7. Arrests and Seizures of Persons or Property--Special Officers

§ 18-711. Unlawful exercise of functions of peace officers--Unlawful importation of police officers--Suppression of violence--Exceptions

1. Any person who shall in this state unlawfully exercise or attempt to exercise the functions of, or hold himself out to any one as, a deputy sheriff, marshal, policeman, constable or peace officer, or any person, whether acting in his own behalf or as an officer of the law, or as the authorized or unauthorized agent or representative of another, or of any association, corporation or company, who shall bring or cause to be brought, or aid in bringing into this state any armed or unarmed police force or detective agency or force, or any armed or unarmed body of men for the suppression of domestic violence, shall be guilty of a felony, and on conviction thereof shall be punished by imprisonment in the state prison for not less than two (2) years and not more than five (5) years: provided, that the legislature, or the executive when the legislature can not be convened, may call upon the lawfully constituted authorities of the United States for the protection against invasion and domestic violence, as provided in section 4 of article 4 of the Constitution of the United States.

2. This section shall not apply to a law enforcement officer who pursuant to an interlocal cooperation plan upon receiving an emergency request from an Idaho law enforcement officer enters Idaho to give assistance; nor shall this section apply to the Idaho law enforcement officer who makes a request for emergency assistance.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1975, ch. 130, § 1.

Codifications: I.C. § 18-711.

I.C. § 18-712

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 7. Arrests and Seizures of Persons or Property--Special Officers

§ 18-712. Civil liability for importing police officers or armed men

Any person, officer, company, association or corporation who shall knowingly bring, or cause to be brought, or aid in bringing, into this state any armed or unarmed police force, detective agency or force, or armed or unarmed body of men for the suppression of domestic violence, shall be liable in a civil action to any person for any injury to person or property through the action, or as the result of the coming or bringing into the state of such body of men, or any of them, whether acting together or separately in carrying out the purpose for which they were brought or came into the state.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-801

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 8. Arson

§ 18-801. Arson--Definitions

In this chapter, the following terms have the following meanings:

(1) “Damage”, in addition to its ordinary meaning, includes any charring, scorching, burning or breaking, and shall include any diminution in the value of any property as a consequence of an act;

(2) “Dwelling” means any structure used or intended for use as human habitation;

(3) “Structure” means any building of any kind, including fixtures and appurtenances attached thereto, any coliseum, bridge or carport, any tent or other portable building, or any vehicle, vessel, watercraft or aircraft;

(4) “Real property” means any land, and shall include any crops growing thereon;

(5) “Personal property” means any tangible property, including anything severed from the land;

(6) “Forest land” means any brush covered land, cut-over land, forest, prairie, grasslands, wetlands or woods;

(7) “Firefighter” means any person assisting in the suppression or extinguishment of any fire or explosion.

CREDIT(S)

S.L. 1993, ch. 107, § 2.

I.C. § 18-802

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 8. Arson

§ 18-802. Arson in first degree--Burning of dwelling or other structures where persons are normally present--Penalties

Any person who willfully and unlawfully, by fire or explosion, damages:

(1) Any dwelling, whether occupied or not; or

(2) Any structure, whether occupied or not, in which persons are normally present, including without limitation: jails, prisons or detention centers; hospitals, nursing homes or other health care facilities; department stores, office buildings, business establishments, churches or educational institutions, or other similar structures; or

(3) Any other structure which the actor has reasonable grounds to believe is occupied by a human being; or

(4) Any real or personal property, whether the property of the actor or another, with the intent to deceive or harm any insurer or any person with a legal or financial interest in the property, or obtain any financial gain for the actor or another;

is guilty of arson in the first degree, and upon conviction thereof shall be sentenced to the custody of the department of correction for not more than twenty-five (25) years or fined not more than one hundred thousand dollars ($100,000) or both.

CREDIT(S)

S.L. 1993, ch. 107, § 3.

I.C. § 18-803

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 8. Arson

§ 18-803. Arson in the second degree--Burning of a structure--Penalties

Any person who willfully and unlawfully, by fire or explosion, damages any structure, whether the property of the actor or another, not included or described in the preceding section, is guilty of arson in the second degree, and upon conviction thereof shall be sentenced to the custody of the department of correction for not more than fifteen (15) years or fined not more than seventy-five thousand dollars ($75,000) or both.

CREDIT(S)

S.L. 1993, ch. 107, § 4.

I.C. § 18-804

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 8. Arson

§ 18-804. Arson in the third degree--Burning of real or personal property or forest land--Penalties

Any person who willfully and unlawfully, by fire or explosion, damages:

(1) Any real or personal property of another; or

(2) Any forest land;

is guilty of arson in the third degree, and upon conviction thereof shall be sentenced to the custody of the department of correction for not more than ten (10) years or fined not more than fifty thousand dollars ($50,000) or both.

CREDIT(S)

S.L. 1993, ch. 107, § 5.

I.C. § 18-805

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 8. Arson

§ 18-805. Aggravated arson--Penalties

A person whose violation of sections 18-802, 18-803 or 18-804, Idaho Code, results, directly or indirectly, in great bodily harm, permanent disability, permanent disfigurement or death of a firefighter or any other person, regardless of intent or lack of intent to cause such harm, upon a finding of guilt thereon shall be sentenced to an extended term of imprisonment. The extended term of imprisonment shall be computed by increasing the sentence imposed for a conviction under such sections, by a period of not more than ten (10) years.

CREDIT(S)

S.L. 1993, ch. 107, § 6.

I.C. § 18-806

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 8. Arson

§ 18-806. Repealed by S.L. 1972, ch. 109, § 1, eff. April 1, 1972

I.C. § 18-901

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 9. Assault and Battery

§ 18-901. Assault defined

An assault is:

(a) An unlawful attempt, coupled with apparent ability, to commit a violent injury on the person of another; or

(b) An intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.

CREDIT(S)

S.L. 1979, ch. 227, § 2.

I.C. § 18-902

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 9. Assault and Battery

§ 18-902. Assault--Punishment

An assault is punishable by fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not to exceed three (3) months, or by both such fine and imprisonment.

CREDIT(S)

S.L. 1979, ch. 227, § 2; S.L. 1982, ch. 246, § 1; S.L. 2005, ch. 359, § 2.

I.C. § 18-903

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 9. Assault and Battery

§ 18-903. Battery defined

A battery is any:

(a) Willful and unlawful use of force or violence upon the person of another; or

(b) Actual, intentional and unlawful touching or striking of another person against the will of the other; or

CREDIT(S)

S.L. 1979, ch. 227, § 2.

I.C. § 18-904

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 9. Assault and Battery

§ 18-904. Battery--Punishment

Battery is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not to exceed six (6) months, or both unless the victim is pregnant and this fact is known to the batterer, in which case the punishment is by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not to exceed one (1) year, or both.

CREDIT(S)

S.L. 1979, ch. 227, § 2; S.L. 1996, ch. 227, § 1;S.L. 2005, ch. 359, § 3.

I.C. § 18-905

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 9. Assault and Battery

§ 18-905. Aggravated assault defined

An aggravated assault is an assault:

(a) With a deadly weapon or instrument without intent to kill; or

(b) By any means or force likely to produce great bodily harm.[; or]

(d) “Deadly weapon or instrument” as used in this chapter is defined to include any firearm, though unloaded or so defective that it can not be fired.

CREDIT(S)

S.L. 1979, ch. 227, § 2.

I.C. § 18-906

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 9. Assault and Battery

§ 18-906. Aggravated assault--Punishment

An aggravated assault is punishable by imprisonment in the state prison not to exceed five (5) years or by fine not exceeding five thousand dollars ($5,000) or by both.

CREDIT(S)

S.L. 1979, ch. 227, § 2.

I.C. § 18-907

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 9. Assault and Battery

§ 18-907. Aggravated battery defined

(1) A person commits aggravated battery who, in committing battery:

(a) Causes great bodily harm, permanent disability or permanent disfigurement; or

(b) Uses a deadly weapon or instrument; or

(d) Uses any poison or other noxious or destructive substance or liquid; or

(e) Upon the person of a pregnant female, causes great bodily harm, permanent disability or permanent disfigurement to an embryo or fetus.

(2) For purposes of this section the terms “embryo” or “fetus” shall mean any human in utero.

(3) There shall be no prosecution under subsection (1)(e) of this section:

(a) Of any person for conduct relating to an abortion for which the consent of the pregnant female, or person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law.

(b) Of any person for any medical treatment of the pregnant female or her embryo or fetus; or

(4) Nothing in this chapter is intended to amend or nullify the provisions of chapter 6, title 18, Idaho Code.

CREDIT(S)

S.L. 1979, ch. 227, § 2; S.L. 2002, ch. 330, § 4;S.L. 2002, ch. 337, § 2.

I.C. § 18-908

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 9. Assault and Battery

§ 18-908. Aggravated battery--Punishment

An aggravated battery is punishable by imprisonment in the state prison not to exceed fifteen (15) years.

CREDIT(S)

S.L. 1979, ch. 227, § 2.

I.C. § 18-909

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 9. Assault and Battery

§ 18-909. Assault with intent to commit a serious felony defined

An assault upon another with intent to commit murder, rape, the infamous crime against nature, mayhem, robbery, or lewd and lascivious conduct with a minor child is an assault with the intent to commit a serious felony.

CREDIT(S)

S.L. 1979, ch. 227, § 2.

I.C. § 18-910

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 9. Assault and Battery

§ 18-910. Assault with the intent to commit a serious felony--Punishment

An assault with the intent to commit a serious felony is punishable by imprisonment in the state prison not to exceed fifteen (15) years.

CREDIT(S)

S.L. 1979, ch. 227, § 2; S.L. 2006, ch. 178, § 1, eff. March 24, 2006.

I.C. § 18-911

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 9. Assault and Battery

§ 18-911. Battery with the intent to commit a serious felony defined

Any battery committed with the intent to commit murder, rape, the infamous crime against nature, mayhem, robbery or lewd and lascivious conduct with a minor child is a battery with the intent to commit a serious felony.

CREDIT(S)

S.L. 1979, ch. 227, § 2; S.L. 1981, ch. 263, § 1.

I.C. § 18-912

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 9. Assault and Battery

§ 18-912. Battery with the intent to commit a serious felony--Punishment

A battery with the intent to commit a serious felony is punishable by imprisonment in the state prison not to exceed twenty (20) years.

CREDIT(S)

S.L. 1979, ch. 227, § 2; S.L. 2006, ch. 178, § 2, eff. March 24, 2006.

I.C. § 18-913

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 9. Assault and Battery

§ 18-913. Felonious administering of drugs defined

Any person who administers, aids in administering or orders the administering to another any chloroform, ether, laudanum or other narcotic, anaesthetic or intoxicating agent, with intent to enable or assist himself or any other person to commit a felony, is guilty of felonious administering of drugs.

CREDIT(S)

S.L. 1979, ch. 227, § 2.

I.C. § 18-914

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 9. Assault and Battery

§ 18-914. Felonious administering of drugs--Punishment

A felonious administering of drugs is punishable by imprisonment in the state prison not to exceed five (5) years or five thousand ($5,000) dollars, or both.

CREDIT(S)

S.L. 1979, ch. 227, § 2.

I.C. § 18-915

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 9. Assault and Battery

§ 18-915. Assault or battery upon certain personnel--Punishment

(1) Any person who commits a crime provided for in this chapter against or upon a justice, judge, magistrate, prosecuting attorney, public defender, peace officer, bailiff, marshal, sheriff, police officer, peace officer standards and training employee involved in peace officer decertification activities, emergency services dispatcher, correctional officer, employee of the department of correction, employee of a private prison contractor while employed at a private correctional facility in the state of Idaho, employees of the department of water resources authorized to enforce the provisions of chapter 38, title 42, Idaho Code, jailer, parole officer, misdemeanor probation officer, officer of the Idaho state police, fireman, social caseworkers or social work specialists of the department of health and welfare, employee of a state secure confinement facility for juveniles, employee of a juvenile detention facility, a teacher at a detention facility or a juvenile probation officer, emergency medical services personnel licensed under the provisions of chapter 10, title 56, Idaho Code, a member, employee or agent of the state tax commission, United States marshal, or federally commissioned law enforcement officer or their deputies or agents and the perpetrator knows or has reason to know of the victim's status, the punishment shall be as follows:

(a) For committing battery with intent to commit a serious felony the punishment shall be imprisonment in the state prison not to exceed twenty-five (25) years.

(b) For committing any other crime in this chapter the punishment shall be doubled that provided in the respective section, except as provided in subsections (2) and (3) of this section.

(2) For committing a violation of the provisions of section 18-901 or 18-903, Idaho Code, against the person of a former or present justice, judge or magistrate, jailer or correctional officer or other staff of the department of correction, or of a county jail, or of a private correctional facility, or of an employee of a state secure confinement facility for juveniles, an employee of a juvenile detention facility, a teacher at a detention facility, misdemeanor probation officer or a juvenile probation officer:

(a) Because of the exercise of official duties or because of the victim's former or present official status; or

(b) While the victim is engaged in the performance of his duties and the person committing the offense knows or reasonably should know that such victim is a justice, judge or magistrate, jailer or correctional officer or other staff of the department of correction, or of a private correctional facility, an employee of a state secure confinement facility for juveniles, an employee of a juvenile detention facility, a teacher at a detention facility, misdemeanor probation officer or a juvenile probation officer;

the offense shall be a felony punishable by imprisonment in a correctional facility for a period of not more than five (5) years, and said sentence shall be served consecutively to any sentence being currently served.

(3) For committing a violation of the provisions of section 18-903, Idaho Code, except unlawful touching as described in section 18-903(b), Idaho Code, against the person of a former or present peace officer, sheriff or police officer:

(a) Because of the exercise of official duty or because of the victim's former or present official status; or

(b) While the victim is engaged in the performance of his duties and the person committing the offense knows or reasonably should know that such victim is a peace officer, sheriff or police officer;

CREDIT(S)

S.L. 1979, ch. 227, § 2; S.L. 1981, ch. 263, § 2; S.L. 1992, ch. 221, § 1;S.L. 1995, ch. 51, § 1;S.L. 1999, ch. 247, § 1;S.L. 2000, ch. 272, § 3;S.L. 2000, ch. 297, § 3;S.L. 2000, ch. 469, § 21;S.L. 2001, ch. 181, § 1;S.L. 2008, ch. 88, § 1, eff. July 1, 2008; S.L. 2008, ch. 151, § 1, eff. July 1, 2008; S.L. 2009, ch. 11, § 5, eff. July 1, 2009. Amended by S.L. 2011, ch. 9, § 1, eff. July 1, 2011.

I.C. § 18-915A

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 9. Assault and Battery

§ 18-915A. Removing a firearm from a law enforcement officer

(1) A person may not knowingly remove or attempt to remove a firearm from the possession of another person if:

(a) The other person is lawfully acting within the course and scope of employment; and

(b) The person knows or has reason to know that the other person is employed as any of the following:

(i) A law enforcement officer who, in an official capacity, is authorized to make arrests; or

(ii) An employee of the Idaho board of correction, the Idaho department of juvenile corrections, any prison, jail, detention or booking facility or private correctional facility within the state, or the commission of pardons and parole.

(2) A person who violates this section is guilty of a felony.

(3) A sentence imposed for a violation of this section may be imposed separate from and consecutive to or concurrent with a sentence for any offense based on the act or acts establishing the offense under this section.

CREDIT(S)

S.L. 1998, ch. 395, § 1;S.L. 2000, ch. 272, § 4.

I.C. § 18-915B

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 9. Assault and Battery

§ 18-915B. Propelling bodily fluid or waste at certain persons

Any person who is housed in a state, private or county correctional facility, work release center or labor camp, or who is being transported or supervised by a correctional officer or detention officer, irrespective of whether the person is a sentenced prisoner or a pretrial detainee, and who knowingly propels any bodily fluid or bodily waste at any detention officer, correctional officer, staff member, private contractor or employee of a county or state correctional facility, or authorized visitor to a county or state correctional facility, work release center or labor camp, or who knowingly introduces any bodily fluid or bodily waste into the food or drink of such officer, staff member, private contractor, employee or authorized visitor, shall be guilty of a felony punishable by imprisonment in a correctional facility for not more than five (5) years, and such sentence shall be served consecutively to any sentence currently served.

CREDIT(S)

S.L. 2001, ch. 33, § 1.

I.C. § 18-916

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 9. Assault and Battery

§ 18-916. Abuse of school teachers

Every parent, guardian or other person who upbraids, insults or abuses any teacher of the public schools, in the presence and hearing of a pupil thereof, is guilty of a misdemeanor.

CREDIT(S)

S.L. 1979, ch. 227, § 2.

I.C. § 18-917

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 9. Assault and Battery

§ 18-917. Hazing

(1) No student or member of a fraternity, sorority or other living or social student group or organization organized or operating on or near a school or college or university campus, shall intentionally haze or conspire to haze any member, potential member or person pledged to be a member of the group or organization, as a condition or precondition of attaining membership in the group or organization or of attaining any office or status therein.

(2) As used in this section, “haze” means to subject a person to bodily danger or physical harm or a likelihood of bodily danger or physical harm, or to require, encourage, authorize or permit that the person be subjected to any of the following:

(a) Total or substantial nudity on the part of the person;

(b) Compelled ingestion of any substance by the person;

(d) Physical assaults upon or offensive physical contact with the person;

(e) Participation by the person in boxing matches, excessive number of calisthenics, or other physical contests;

(f) Transportation and abandonment of the person;

(g) Confinement of the person to unreasonably small, unventilated, unsanitary or unlighted areas;

(h) Sleep deprivation; or

(i) Assignment of pranks to be performed by the person.

(3) The term “hazing,” as defined in this section, does not include customary athletic events or similar contests or competitions, and is limited to those actions taken and situations created in connection with initiation into or affiliation with any group or organization. The term “hazing” does not include corporal punishment administered by officials or employees of public schools when in accordance with policies adopted by local boards of education.

(4) A student or member of a fraternity, sorority or other student organization, who personally violates any provision of this section shall be guilty of a misdemeanor.

CREDIT(S)

S.L. 1991, ch. 338, § 1;S.L. 2002, ch. 268, § 1.

I.C. § 18-917A

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 9. Assault and Battery

§ 18-917A. Student harassment--Intimidation--Bullying

(1) No student shall intentionally commit, or conspire to commit, an act of harassment, intimidation or bullying against another student.

(2) As used in this section, “harassment, intimidation or bullying” means any intentional gesture, or any intentional written, verbal or physical act or threat by a student that:

(a) A reasonable person under the circumstances should know will have the effect of:

(i) Harming a student; or

(ii) Damaging a student's property; or

(iii) Placing a student in reasonable fear of harm to his or her person; or

(iv) Placing a student in reasonable fear of damage to his or her property; or

(b) Is sufficiently severe, persistent or pervasive that it creates an intimidating, threatening or abusive educational environment for a student.

An act of harassment, intimidation or bullying may also be committed through the use of a land line, car phone or wireless telephone or through the use of data or computer software that is accessed through a computer, computer system, or computer network.

(3) A student who personally violates any provision of this section may be guilty of an infraction.

CREDIT(S)

Added by S.L. 2006, ch. 313, § 3, eff. July 1, 2006.

I.C. § 18-918

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 9. Assault and Battery

§ 18-918. Domestic violence

(1) For the purpose of this section:

(a) “Household member” means a person who is a spouse, former spouse, or a person who has a child in common regardless of whether they have been married or a person with whom a person is cohabiting, whether or not they have married or have held themselves out to be husband or wife.

(b) “Traumatic injury” means a condition of the body, such as a wound or external or internal injury, whether of a minor or serious nature, caused by physical force.

(2)(a) Any household member who in committing a battery, as defined in section 18-903, Idaho Code, inflicts a traumatic injury upon any other household member is guilty of a felony.

(b) A conviction of felony domestic battery is punishable by imprisonment in the state prison for a term not to exceed ten (10) years or by a fine not to exceed ten thousand dollars ($10,000) or by both fine and imprisonment.

(3)(a) A household member who commits an assault, as defined in section 18-901, Idaho Code, against another household member which does not result in traumatic injury is guilty of a misdemeanor domestic assault.

(b) A household member who commits a battery, as defined in section 18-903, Idaho Code, against another household member which does not result in traumatic injury is guilty of a misdemeanor domestic battery.

(c) A first conviction under this subsection (3) is punishable by a fine not exceeding one thousand dollars ($1,000) or by imprisonment in a county jail not to exceed six (6) months, or both. Any person who pleads guilty to or is found guilty of a violation of this subsection (3) who previously has pled guilty to or been found guilty of a violation of this subsection (3), or of any substantially conforming foreign criminal violation, notwithstanding the form of the judgment or withheld judgment, within ten (10) years of the first conviction, shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail for a term not to exceed one (1) year or by a fine not exceeding two thousand dollars ($2,000) or by both fine and imprisonment. Any person who pleads guilty to or is found guilty of a violation of this subsection (3) who previously has pled guilty to or been found guilty of two (2) violations of this subsection (3), or of any substantially conforming foreign criminal violation or any combination thereof, notwithstanding the form of the judgment or withheld judgment, within fifteen (15) years of the first conviction, shall be guilty of a felony and shall be punished by imprisonment in the state prison for a term not to exceed five (5) years or by a fine not to exceed five thousand dollars ($5,000) or by both fine and imprisonment.

(4) The maximum penalties provided in this section shall be doubled where the act of domestic assault or battery for which the person is convicted or pleads guilty took place in the presence of a child. For purposes of this section, “in the presence of a child” means in the physical presence of a child or knowing that a child is present and may see or hear an act of domestic assault or battery. For purposes of this section, “child” means a person under sixteen (16) years of age.

(5) Notwithstanding any other provisions of this section, any person who previously has pled guilty to or been found guilty of a felony violation of the provisions of this section or of any substantially conforming foreign criminal felony violation, notwithstanding the form of the judgment or withheld judgment, and who within fifteen (15) years pleads guilty to or is found guilty of any further violation of this section, shall be guilty of a felony and shall be punished by imprisonment in the state prison for a term not to exceed ten (10) years or by a fine not to exceed ten thousand dollars ($10,000), or by both such fine and imprisonment.

(6) For the purposes of this section, a substantially conforming foreign criminal violation exists when a person has pled guilty to or been found guilty of a violation of any federal law or law of another state, or any valid county, city or town ordinance of another state, substantially conforming with the provisions of this section. The determination of whether a foreign criminal violation is substantially conforming is a question of law to be determined by the court.

(7)(a) Any person who pleads guilty to or is found guilty of a violation of this section shall undergo, at the person's own expense, an evaluation by a person, agency or organization approved by the court in accordance with paragraph (c) of this subsection to determine whether the defendant should be required to obtain aggression counseling or other appropriate treatment. Such evaluation shall be completed prior to the sentencing date if the court's list of approved evaluators, in accordance with paragraph (c) of this subsection, contains evaluators who are able to perform the evaluation prior to the sentencing dates. If the evaluation recommends counseling or other treatment, the evaluation shall recommend the type of counseling or treatment considered appropriate for the defendant, together with the estimated costs thereof, and shall recommend any other suitable alternative counseling or treatment programs, together with the estimated costs thereof. The defendant shall request that a copy of the completed evaluation be forwarded to the court. The court shall take the evaluation into consideration in determining an appropriate sentence. If a copy of the completed evaluation has not been provided to the court, the court may proceed to sentence the defendant; however, in such event, it shall be presumed that counseling is required unless the defendant makes a showing by a preponderance of evidence that counseling is not required. If the defendant has not made a good faith effort to provide the completed copy of the evaluation to the court, the court may consider the failure of the defendant to provide the report as an aggravating circumstance in determining an appropriate sentence. If counseling or other treatment is ordered, in no event shall the person, agency or organization doing the evaluation be the person, agency or organization that provides the counseling or other treatment unless this requirement is waived by the sentencing court, with the exception of federally recognized Indian tribes or federal military installations, where diagnosis and treatment are appropriate and available. Nothing herein contained shall preclude the use of funds authorized for court-ordered counseling or treatment pursuant to this section for indigent defendants as provided by law. In the event that funding is provided for or on behalf of the defendant by a governmental entity, the defendant shall be ordered to make restitution to such governmental entity in accordance with the restitution procedure for crime victims, as specified under chapter 53, title 19, Idaho Code.

(b) If the evaluation recommends counseling or other treatment, the court shall order the person to complete the counseling or other treatment in addition to any other sentence which may be imposed. If the court determines that counseling or treatment would be inappropriate or undesirable, the court shall enter findings articulating the reasons for such determination on the record. The court shall order the defendant to complete the preferred counseling or treatment program set forth in the evaluation, or a comparable alternative, unless it appears that the defendant cannot reasonably obtain adequate financial resources for such counseling or treatment. In that event, the court may order the defendant to complete a less costly alternative set forth in the evaluation or a comparable program. Nothing contained in this subsection shall be construed as requiring a court to order that counseling or treatment be provided at government expense unless otherwise required by law.

(c) Each judicial district shall by rule establish a uniform system for the qualification and approval of persons, agencies or organizations to perform the evaluations required in this subsection. Only qualified evaluators approved by the court shall be authorized to perform such evaluations. Funds to establish a system for approval of evaluators shall be derived from moneys designated therefor and deposited in the district court fund as provided in section 31-3201A(16), Idaho Code.

(d) Counseling or treatment ordered pursuant to this section shall be conducted according to standards established or approved by the Idaho council on domestic violence.

CREDIT(S)

S.L. 1993, ch. 344, § 1;S.L. 1995, ch. 223, § 1;S.L. 1996, ch. 228, § 1;S.L. 1998, ch. 309, § 1;S.L. 1998, ch. 420, § 1;S.L. 2000, ch. 358, § 1;S.L. 2003, ch. 237, § 1;S.L. 2004, ch. 118, § 1;S.L. 2005, ch. 158, § 1;S.L. 2009, ch. 80, § 3, eff. July 1, 2009.

I.C. § 18-919

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 9. Assault and Battery

§ 18-919. Sexual exploitation by a medical care provider

(a) Any person acting or holding himself out as a physician, surgeon, dentist, psychotherapist, chiropractor, nurse or other medical care provider as defined in this section, who engages in an act of sexual contact with a patient or client, is guilty of sexual exploitation by a medical care provider. For the purposes of this section, consent of the patient or client receiving medical care or treatment shall not be a defense. This section does not apply to sexual contact between a medical care provider and the provider's spouse, or a person in a domestic relationship who is also a patient or client. Violation of this section is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not to exceed one (1) year, or both.

(b) For the purposes of this section:

(1) “Intimate part” means the sexual organ, anus, or groin of any person, and the breast of a female.

(2) “Medical care provider” means a person who gains the trust and confidence of a patient or client for the examination and/or treatment of a medical or psychological condition, and thereby gains the ability to treat, examine and physically touch the patient or client.

(3) “Sexual contact” means the touching of an intimate part of a patient or client for the purpose of sexual arousal, gratification, or abuse, and/or the touching of an intimate part of a patient or client outside the scope of a medical examination or treatment.

(4) “Touching” means physical contact with another person, whether accomplished directly, through the clothing of the person committing the offense, or through the clothing of the victim.

CREDIT(S)

S.L. 1996, ch. 300, § 1.

I.C. § 18-920

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 9. Assault and Battery

§ 18-920. Violation of no contact order

(1) When a person is charged with or convicted of an offense under section 18-901, 18-903, 18-905, 18-907, 18-909, 18-911, 18-913, 18-915, 18-918, 18-919, 18-6710, 18-6711, 18-7905, 18-7906 or 39-6312, Idaho Code, or any other offense for which a court finds that a no contact order is appropriate, an order forbidding contact with another person may be issued. A no contact order may be imposed by the court or by Idaho criminal rule.

(2) A violation of a no contact order is committed when:

(a) A person has been charged or convicted under any offense defined in subsection (1) of this section; and

(b) A no contact order has been issued, either by a court or by an Idaho criminal rule; and

(3) A violation of a no contact order is punishable by a fine not exceeding one thousand dollars ($1,000) or by imprisonment in the county jail not to exceed one (1) year, or both. Any person who pleads guilty to or is found guilty of a violation of this section who previously has pled guilty to or been found guilty of two (2) violations of this section, or of any substantially conforming foreign criminal violation or any combination thereof, notwithstanding the form of the judgment or withheld judgment, within five (5) years of the first conviction, shall be guilty of a felony and shall be punished by imprisonment in the state prison for a term not to exceed five (5) years or by a fine not to exceed five thousand dollars ($5,000), or by both fine and imprisonment. No bond shall be set for this violation until the person charged is brought before the court which will set bond. Further, any such violation may result in the increase, revocation or modification of the bond set in the underlying charge for which the no contact order was imposed.

(4) A peace officer may arrest without a warrant and take into custody a person whom the peace officer has probable cause to believe has violated a no contact order issued under this section if the person restrained had notice of the order.

(5) For purposes of this section, a substantially conforming foreign criminal violation exists when a person has pled guilty to or been found guilty of a violation of any federal law or law of another state, or any valid county, city or town ordinance of another state, substantially conforming with the provisions of this section. The determination of whether a foreign criminal violation is substantially conforming is a question of law to be determined by the court.

CREDIT(S)

S.L. 1997, ch. 314, § 1;S.L. 1998, ch. 353, § 1;S.L. 2000, ch. 146, § 1;S.L. 2000, ch. 239, § 1;S.L. 2004, ch. 337, § 1;S.L. 2008, ch. 259, § 1, eff. July 1, 2008.

I.C. § 18-921

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 9. Assault and Battery

§ 18-921. Peace officers--Immunity

No peace officer may be held criminally or civilly liable for actions or omissions in the performance of the duties of his office under this chapter, if the peace officer acts in good faith and without malice.

CREDIT(S)

S.L. 1997, ch. 314, § 2.

I.C. § 18-922

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 9. Assault and Battery

§ 18-922. Order--Transmittal to law enforcement agency

(1) A no contact order may be imposed either by order of the court or by an Idaho criminal rule, as a condition of bond.

(2)(a) Notice of a no contact order shall be forwarded by the clerk of the court, or by the arresting agency where the defendant is given notice of the bond condition under an Idaho court rule, on or before the next judicial day, to the appropriate law enforcement agency.

(b) Upon receipt of such notice, the law enforcement agency shall forthwith enter the order into the Idaho law enforcement telecommunications system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the Idaho law enforcement telecommunications system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state.

(3) Law enforcement agencies shall establish procedures reasonably adequate to assure that an officer approaching or actually at the scene of an incident may be informed of the existence of such no contact order.

(4) A no contact order shall remain in effect for the term set by the court or an Idaho criminal rule, or until terminated by the court.

CREDIT(S)

S.L. 1997, ch. 314, § 3.

I.C. § 18-923

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 9. Assault and Battery

§ 18-923. Attempted strangulation

(1) Any person who willfully and unlawfully chokes or attempts to strangle a household member, or a person with whom he or she has or had a dating relationship, is guilty of a felony punishable by incarceration for up to fifteen (15) years in the state prison.

(2) No injuries are required to prove attempted strangulation.

(3) The prosecution is not required to show that the defendant intended to kill or injure the victim. The only intent required is the intent to choke or attempt to strangle.

(4) “Household member” assumes the same definition as set forth in section 18-918(1)(a), Idaho Code.

(5) “Dating relationship” assumes the same definition as set forth in section 39-6303(2), Idaho Code.

CREDIT(S)

S.L. 2005, ch. 303, § 1.

I.C. § 18-1001

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 10. Barratry and Attorneys at Law

§ 18-1001. Common barratry

Common barratry is the practice of exciting groundless judicial proceedings, and is punishable by imprisonment in the county jail not exceeding six (6) months and by fine not exceeding $500.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-1002

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 10. Barratry and Attorneys at Law

§ 18-1002. Proof of common barratry

No person can be convicted of common barratry except upon proof that he has excited suits or proceedings at law in at least three (3) instances, and with a corrupt or malicious intent to vex and annoy.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-1003

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 10. Barratry and Attorneys at Law

§ 18-1003. Purchase of evidence of debt

Every attorney, public officer, or licensed collector, who, either directly or indirectly, buys or is interested in buying any evidence of debt or thing in action, with intent to bring suit thereon, is guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-1004

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 10. Barratry and Attorneys at Law

§ 18-1004. Attorney defending when partner prosecutes

Every attorney who directly or indirectly advises in relation to, or aids, or promotes the defense of, any action or proceeding in any court, the prosecution of which is carried on, aided or promoted by any person as prosecuting attorney, or other public prosecutor, with whom such person is directly or indirectly connected as a partner, or who, having himself prosecuted or in any manner aided or promoted any action or proceeding in any court as prosecuting attorney or other public prosecutor, afterward, directly or indirectly, advises in relation to, or takes any part in, the defense thereof, as attorney or otherwise, or who takes or receives any valuable consideration from, or on behalf of any defendant in any such action, upon any understanding or agreement whatever having relation to the defense thereof, is guilty of a misdemeanor, and in addition to the punishment prescribed therefor, forfeits his license to practice law.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-1005

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 10. Barratry and Attorneys at Law

§ 18-1005. Exception to preceding section

The preceding section does not prohibit an attorney from defending himself in person as attorney or counsel, when prosecuted either civilly or criminally.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-1101

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 11. Bigamy and Polygamy

§ 18-1101. Bigamy defined

Every person having a husband or wife living, who marries any other person, except in the cases specified in the next section, is guilty of bigamy.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-1102

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 11. Bigamy and Polygamy

§ 18-1102. Exceptions to preceding section

The last section does not extend:

1. To any person by reason of any former marriage, whose husband or wife by such marriage has been absent for five (5) successive years without being known to such person within that time to be living; nor,

2. To any person by reason of any former marriage which has been pronounced void, annulled, or dissolved by the judgment of a competent court.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-1103

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 11. Bigamy and Polygamy

§ 18-1103. Punishment for bigamy

Bigamy is punishable by fine not exceeding $2,000 and by imprisonment in the state prison not exceeding three (3) years.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-1104

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 11. Bigamy and Polygamy

§ 18-1104. Marrying spouse of another

Every person who knowingly and wilfully marries the husband or wife of another, in any case in which such husband or wife would be punishable under the provisions of this chapter, is punishable by fine not less than $2,000, or by imprisonment in the state prison not exceeding three (3) years.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-1105

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 11. Bigamy and Polygamy

§ 18-1105. Repealed

I.C. § 18-1201

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 12. Billiard, Pool and Card Rooms and Confectionaries [Repealed]

§§ 18-1201 to 18-1203. Repealed

I.C. § 18-1202

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 12. Billiard, Pool and Card Rooms and Confectionaries [Repealed]

§§ 18-1201 to 18-1203. Repealed

I.C. § 18-1203

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 12. Billiard, Pool and Card Rooms and Confectionaries [Repealed]

§§ 18-1201 to 18-1203. Repealed

I.C. § 18-1301

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 13. Bribery and Corruption

§ 18-1301. Bribery of judicial officers

Every person who gives or offers to give a bribe to any judicial officer, juror, referee, arbitrator or umpire, or to any person who may be authorized by law to hear or determine any question or controversy, with intent to influence his vote, opinion or decision upon any matter or question which is or may be brought before him for decision, is guilty of a felony.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-1302

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 13. Bribery and Corruption

§ 18-1302. Receipt of bribe by officer

Every judicial officer, juror, referee, arbitrator or umpire, and every person authorized by law to hear or determine any question or controversy, who asks, receives or agrees to receive any bribe, upon any agreement or understanding that his vote, opinion or decision upon any matters or question which is or may be brought before him for decision, shall be influenced thereby, is guilty of a felony.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-1303

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 13. Bribery and Corruption

§ 18-1303. Acceptance of rewards

Every judicial officer who asks or receives any emolument, gratuity or reward, or any promise thereof, except such as may be authorized by law, for doing any official act, is guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-1304

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 13. Bribery and Corruption

§ 18-1304. Attempt to influence jurors and arbitrators

Every person who corruptly attempts to influence a juror, or any person summoned or drawn as a juror, or chosen as an arbitrator or umpire, or appointed a referee, in respect to his verdict in, or decision of, any cause pending, or about to be brought before him, either:

1. By means of any communication, oral or written, had with him, except in the regular course or proceedings;

2. By means of any book, paper or instrument exhibited, otherwise than in the regular course of proceedings;

3. By means of any threat, intimidation, persuasion or entreaty; or,

4. By means of any promise or assurance of any pecuniary or other advantage; is guilty of a felony.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-1305

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 13. Bribery and Corruption

§ 18-1305. Misconduct of jurors and arbitrators

Every juror or person drawn or summoned as a juror, or chosen arbitrator or umpire, or appointed referee, who either:

1. Makes any promise or agreement to give a verdict or decision for or against any party; or,

2. Wilfully and corruptly permits any communication to be made to him, or receive any book, paper, instrument or information relating to any cause or matter pending before him, except according to the regular course of proceedings, is guilty of a felony.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-1306

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 13. Bribery and Corruption

§ 18-1306. Repealed

I.C. § 18-1307

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 13. Bribery and Corruption

§ 18-1307. Forfeiture of office on conviction

Every officer convicted of any crime defined in this chapter, in addition to the punishment prescribed, forfeits his office.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-1308

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 13. Bribery and Corruption

§ 18-1308. Offenses relating to bribery--Incriminating testimony may be required

No person shall be excused from testifying or producing documents, at the instance of the state, in any criminal cause or proceeding touching any offense relating to bribery, on the ground that the testimony required of him may incriminate him. But no person shall be prosecuted or punished on account of any transaction, manner or thing concerning which he may be so required to testify or produce evidence: provided, that no person so testifying shall be exempt from prosecution and punishment for perjury in so testifying.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-1309

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 13. Bribery and Corruption

§ 18-1309. Bribery of municipal or county officers--Penalties

Every person who gives or offers a bribe to any member of any common council, board of county commissioners or board of trustees of any county, city or corporation, with intent to corruptly influence such member in his action on any matter or subject pending before a body of which he is a member and every member of either of the bodies mentioned in this section who receives or offers to receive any such bribe and every person who gives or offers a bribe to any sheriff, deputy sheriff, policeman, constable, prosecuting attorney, or other officer charged with the enforcement of the laws of this state to receive or secure immunity from arrest, prosecution or punishment for a violation or contemplated violation of the laws of this state or any such officer who receives or offers to receive any such bribe is punishable by imprisonment in the state prison for a term not less than one (1) nor more than fourteen (14) years.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-1310

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 13. Bribery and Corruption

§§ 18-1310, 18-1311. Repealed

I.C. § 18-1311

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 13. Bribery and Corruption

§§ 18-1310, 18-1311. Repealed

I.C. § 18-1351

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 13. Bribery and Corruption

§ 18-1351. Bribery and corrupt practices--Definitions

Unless a different meaning plainly is required in this chapter:

(1) “Benefit” means gain or advantage, or anything regarded by the beneficiary as gain or advantage, including benefit to any other person or entity in whose welfare he is interested, but not an advantage promised generally to a group or class of voters as a consequence of public measures which a candidate engages to support or oppose. “Benefit” does not include an award with economic significance of five hundred dollars ($500) or less given to a nonelected public servant by a nonprofit organization whose membership is limited to public servants as part of a public servant recognition program that is designed to recognize innovation and achievement in the workplace, provided that the organization discloses in advance on its website the nature of the program, the amount of the award, the names of any persons or entities that contributed to the award and the recipient of the award.

(2) “Confidential information” means knowledge gained through a public office, official duty or employment by a governmental entity which is not subject to disclosure to the general public and which, if utilized in financial transactions would provide the user with an advantage over those not having such information or result in harm to the governmental entity from which it was obtained.

(3) “Government” includes any branch, subdivision or agency of the government of the state or any locality within it and other political subdivisions including, but not limited to, highway districts, planning and zoning commissions and cemetery districts, and all other governmental districts, commissions or governmental bodies not specifically mentioned in this chapter.

(4) “Harm” means loss, disadvantage or injury, including loss, disadvantage or injury to any other person or entity in whose welfare he is interested.

(5) “Official proceeding” means a proceeding heard or which may be heard before any legislative, judicial, administrative or other governmental agency or official authorized to take evidence under oath, including any referee, hearing examiner, commissioner, notary or other person taking testimony or deposition in connection with any such proceeding.

(6) “Party official” means a person who holds an elective or appointive post in a political party in the United States by virtue of which he directs or conducts, or participates in directing or conducting party affairs at any level of responsibility.

(7) “Pecuniary benefit” is any benefit to a public official or member of his household in the form of money, property or commercial interests, the primary significance of which is economic gain.

(8) “Public servant” means any officer or employee of government, including legislators and judges, and any person participating as juror, advisor, consultant or otherwise, in performing a governmental function; but the term does not include witnesses.

(9) “Administrative proceeding” means any proceeding, other than a judicial proceeding, the outcome of which is required to be based on a record or documentation prescribed by law, or in which law or regulation is particularized in application to individuals.

CREDIT(S)

S.L. 1972, ch. 381, § 20; S.L. 1990, ch. 328, § 1. Amended by S.L. 2010, ch. 169, § 1, eff. July 1, 2010.

I.C. § 18-1352

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 13. Bribery and Corruption

§ 18-1352. Bribery in official and political matters

A person is guilty of bribery, a felony, if he offers, confers or agrees to confer upon another, or solicits, accepts or agrees to accept from another:

(1) Any pecuniary benefit as consideration for the recipient's decision, opinion, recommendation, vote or other exercise of discretion as a public servant, party official or voter; or

(2) Any benefit as consideration for the recipient's decision, vote, recommendation or other exercise of official discretion in a judicial or administrative proceeding; or

(3) Any benefit as consideration for a violation of a known legal duty as public servant or party official.

It is no defense to prosecution under this section that a person whom the actor sought to influence was not qualified to act in the desired way whether because he had not yet assumed office, or lacked jurisdiction, or for any other reason.

CREDIT(S)

S.L. 1972, ch. 381, § 20.

I.C. § 18-1353

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 13. Bribery and Corruption

§ 18-1353. Threats and other improper influence in official and political matters

(1) Offenses defined. A person commits an offense if he:

(a) threatens unlawful harm to any person with purpose to influence his decision, opinion, recommendation, vote or other exercise of discretion as a public servant, party official or voter; or

(b) threatens harm to any public servant with purpose to influence his decision, opinion, recommendation, vote or other exercise of discretion in a judicial or administrative proceeding; or

(c) threatens harm to any public servant or party official with purpose to influence him to violate his known legal duty; or

(d) privately addresses to any public servant who has or will have an official discretion in a judicial or administrative proceeding any representation, entreaty, argument or other communication with purpose to influence the outcome on the basis of considerations other than those authorized by law.

It is no defense to prosecution under this section that a person whom the actor sought to influence was not qualified to act in the desired way, whether because he had not yet assumed office, or lacked jurisdiction, or for any other reason.

(2) Grading. An offense under this section is a misdemeanor unless the actor threatened to commit a crime or made a threat with purpose to influence a judicial or administrative proceeding, in which cases the offense is a felony.

CREDIT(S)

S.L. 1972, ch. 381, § 20.

I.C. § 18-1353A

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 13. Bribery and Corruption

§ 18-1353A. Threats against state officials of the executive, legislative or judicial branch or elected officials of a county or city

Whoever knowingly and willfully deposits for conveyance in the mail or for a delivery from any post office or by any letter carrier, any letter, paper, writing, print, missive, or document containing any threat to take the life of or to inflict bodily harm upon any state elected official of the executive or legislative branch, or any justice, judge or magistrate of the judicial branch, or person appointed to fill the vacancy of a state elected official of the executive or legislative branch of the state of Idaho, or knowingly and willfully otherwise makes any such threat against a state elected official of the executive or legislative branch, or any justice, judge or magistrate of the judicial branch, or person appointed to fill the vacancy of a state elected official of the executive or legislative branch of the state of Idaho, or upon any elected official of any county or city, is guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed one thousand dollars ($1,000) and shall be sentenced to not to exceed one (1) year in the county jail. If such threat is made while the defendant exhibits a firearm or other dangerous or deadly weapon, the defendant shall be guilty of a felony. Upon a second or subsequent conviction of an offense under this section, the defendant shall be guilty of a felony and shall be sentenced to a term of not to exceed five (5) years in the state penitentiary.

CREDIT(S)

S.L. 1982, ch. 263, § 1; S.L. 1992, ch. 113, § 1;S.L. 1996, ch. 401, § 1;S.L. 2000, ch. 131, § 1.

I.C. § 18-1354

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 13. Bribery and Corruption

§ 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.

CREDIT(S)

S.L. 1972, ch. 381, § 20.

I.C. § 18-1355

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 13. Bribery and Corruption

§ 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.

CREDIT(S)

S.L. 1972, ch. 381, § 20.

I.C. § 18-1356

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 13. Bribery and Corruption

§ 18-1356. Gifts to public servants by persons subject to their jurisdiction

(1) Regulatory and law enforcement officials. No public servant in any department or agency exercising regulatory functions, or conducting inspections or investigations, or carrying on civil or criminal litigation on behalf of the government, or having custody of prisoners, shall solicit, accept or agree to accept any pecuniary benefit from a person known to be subject to such regulation, inspection, investigation or custody, or against whom such litigation is known to be pending or contemplated.

(2) Officials concerned with government contracts and pecuniary transactions. No public servant having any discretionary function to perform in connection with contracts, purchases, payments, claims or other pecuniary transactions of the government shall solicit, accept or agree to accept any pecuniary benefit from any person known to be interested in or likely to become interested in any such contract, purchase, payment, claim or transaction.

(3) Judicial and administrative officials. No public servant having judicial or administrative authority and no public servant employed by or in a court or other tribunal having such authority, or participating in the enforcement of its decisions, shall solicit, accept or agree to accept any pecuniary benefit from a person known to be interested in or likely to become interested in any matter before such public servant or a tribunal with which he is associated.

(4) Legislative and executive officials. No legislator or public servant shall solicit, accept or agree to accept any pecuniary benefit in return for action on a bill, legislation, proceeding or official transaction from any person known to be interested in a bill, legislation, official transaction or proceeding.

(5) Exceptions. This section shall not apply to:

(a) fees prescribed by law to be received by a public servant, or any other benefit for which the recipient gives legitimate consideration or to which he is otherwise legally entitled; or

(b) gifts or other benefits conferred on account of kinship or other personal, professional or business relationship independent of the official status of the receiver; or

(c) trivial benefits not to exceed a value of fifty dollars ($50.00) incidental to personal, professional or business contacts and involving no substantial risk of undermining official impartiality; or

(d) benefits received as a result of lobbying activities that are disclosed in reports required by chapter 66, title 67, Idaho Code. This exception shall not apply to any activities prohibited by subsections (1) through (4) of this section.

(6) Offering benefits prohibited. No person shall knowingly confer, or offer or agree to confer, any benefit prohibited by the foregoing subsections.

(7) Grade of offense. An offense under this section is a misdemeanor and shall be punished as provided in this chapter.

CREDIT(S)

S.L. 1972, ch. 381, § 20; S.L. 1990, ch. 328, § 3;S.L. 2008, ch. 306, § 4, eff. July 1, 2008.

I.C. § 18-1357

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 13. Bribery and Corruption

§ 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.

CREDIT(S)

S.L. 1972, ch. 381, § 20.

I.C. § 18-1358

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 13. Bribery and Corruption

§ 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.

CREDIT(S)

S.L. 1972, ch. 381, § 20.

I.C. § 18-1359

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 13. Bribery and Corruption

§ 18-1359. Using public position for personal gain

(1) No public servant shall:

(a) Without the specific authorization of the governmental entity for which he serves, use public funds or property to obtain a pecuniary benefit for himself.

(b) Solicit, accept or receive a pecuniary benefit as payment for services, advice, assistance or conduct customarily exercised in the course of his official duties. This prohibition shall not include trivial benefits not to exceed a value of fifty dollars ($50.00) incidental to personal, professional or business contacts and involving no substantial risk of undermining official impartiality.

(c) Use or disclose confidential information gained in the course of or by reason of his official position or activities in any manner with the intent to obtain a pecuniary benefit for himself or any other person or entity in whose welfare he is interested or with the intent to harm the governmental entity for which he serves.

(d) Be interested in any contract made by him in his official capacity, or by any body or board of which he is a member, except as provided in section 18-1361, Idaho Code.

(e) Appoint or vote for the appointment of any person related to him by blood or marriage within the second degree, to any clerkship, office, position, employment or duty, when the salary, wages, pay or compensation of such appointee is to be paid out of public funds or fees of office, or appoint or furnish employment to any person whose salary, wages, pay or compensation is to be paid out of public funds or fees of office, and who is related by either blood or marriage within the second degree to any other public servant when such appointment is made on the agreement or promise of such other public servant or any other public servant to appoint or furnish employment to anyone so related to the public servant making or voting for such appointment. Any public servant who pays out of any public funds under his control or who draws or authorizes the drawing of any warrant or authority for the payment out of any public fund of the salary, wages, pay, or compensation of any such ineligible person, knowing him to be ineligible, is guilty of a misdemeanor and shall be punished as provided in this chapter.

(f) Unless specifically authorized by another provision of law, commit any act prohibited of members of the legislature or any officer or employee of any branch of the state government by section 67-5726, Idaho Code, violations of which are subject to penalties as provided in section 67-5734, Idaho Code, which prohibition and penalties shall be deemed to extend to all public servants pursuant to the provisions of this section.

(2) No person related to any member of the legislature by blood or marriage within the second degree shall be appointed to any clerkship, office, position, employment or duty within the legislative branch of government or otherwise be employed by the legislative branch of government when the salary, wages, pay or compensation of such appointee or employee is to be paid out of public funds.

(3) No person related to a mayor or member of a city council by blood or marriage within the second degree shall be appointed to any clerkship, office, position, employment or duty with the mayor's or city council's city when the salary, wages, pay or compensation of such appointee or employee is to be paid out of public funds.

(4) No person related to a county commissioner by blood or marriage within the second degree shall be appointed to any clerkship, office, position, employment or duty with the commissioner's county when the salary, wages, pay or compensation of such appointee or employee is to be paid out of public funds.

(5)(a) An employee of a governmental entity holding a position prior to the election of a local government official, who is related within the second degree, shall be entitled to retain his or her position and receive general pay increases, step increases, cost of living increases, and/or other across the board increases in salary or merit increases, benefits and bonuses or promotions.

(b) Nothing in this section shall be construed as creating any property rights in the position held by an employee subject to this section, and all authority in regard to disciplinary action, transfer, dismissal, demotion or termination shall continue to apply to the employee.

(6) The prohibitions contained within this section shall not include conduct defined by the provisions of section 59-703(4), Idaho Code.

(7) The prohibitions within this section and section 18-1356, Idaho Code, as it applies to part-time public servants, do not include those actions or conduct involving the public servant's business, profession or occupation and unrelated to the public servant's official conduct, and do not apply to a pecuniary benefit received in the normal course of a legislator's business, profession or occupation and unrelated to any bill, legislation, proceeding or official transaction.

CREDIT(S)

S.L. 1990, ch. 328, § 2;S.L. 1991, ch. 305, § 1;S.L. 2002, ch. 304, § 1;S.L. 2004, ch. 316, § 1;S.L. 2005, ch. 214, § 1.

I.C. § 18-1360

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 13. Bribery and Corruption

§ 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.

CREDIT(S)

S.L. 1990, ch. 328, § 2.

I.C. § 18-1361

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 13. Bribery and Corruption

§ 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.

CREDIT(S)

S.L. 1990, ch. 328, § 2;S.L. 1991, ch. 34, § 1;S.L. 1996, ch. 193, § 1.

I.C. § 18-1361A

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 13. Bribery and Corruption

§ 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

(4) Neither the public servant nor his relative has violated any provision of Idaho law pertaining to competitive bidding or improper solicitation of business.

CREDIT(S)

S.L. 1992, ch. 121, § 1;S.L. 1996, ch. 193, § 2.

I.C. § 18-1362

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 13. Bribery and Corruption

§ 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.

CREDIT(S)

S.L. 1990, ch. 328, § 2.

I.C. § 18-1401

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 14. Burglary

§ 18-1401. Burglary defined

Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse, or other building, tent, vessel, vehicle, trailer, airplane or railroad car, with intent to commit any theft or any felony, is guilty of burglary.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1981, ch. 183, § 3; S.L. 1997, ch. 87, § 1.

I.C. § 18-1402

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 14. Burglary

§ 18-1402. Repealed

I.C. § 18-1403

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 14. 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1992, ch. 167, § 2.

I.C. § 18-1404

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 14. Burglary

§ 18-1404. Repealed

I.C. § 18-1405

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 14. Burglary

§ 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1992, ch. 167, § 3.

I.C. § 18-1406

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 14. Burglary

§ 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-1407

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 14. Burglary

§§ 18-1407 to 18-1415. Repealed

I.C. § 18-1408

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 14. Burglary

§§ 18-1407 to 18-1415. Repealed

I.C. § 18-1409

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 14. Burglary

§§ 18-1407 to 18-1415. Repealed

I.C. § 18-1410

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 14. Burglary

§§ 18-1407 to 18-1415. Repealed

I.C. § 18-1411

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 14. Burglary

§§ 18-1407 to 18-1415. Repealed

I.C. § 18-1412

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 14. Burglary

§§ 18-1407 to 18-1415. Repealed

I.C. § 18-1413

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 14. Burglary

§§ 18-1407 to 18-1415. Repealed

I.C. § 18-1414

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 14. Burglary

§§ 18-1407 to 18-1415. Repealed

I.C. § 18-1415

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 14. Burglary

§§ 18-1407 to 18-1415. Repealed

I.C. T. 18, Ch. 15, Refs & Annos

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 15. Children and Vulnerable Adults

I.C. § 18-1501

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 15. Children and Vulnerable Adults (Refs & Annos)

§ 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.

CREDIT(S)

S.L. 1977, ch. 304, § 3; S.L. 1996, ch. 167, § 1;S.L. 1997, ch. 306, § 1;S.L. 2001, ch. 49, § 1;S.L. 2005, ch. 151, § 1.

I.C. § 18-1502

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 15. Children and Vulnerable Adults (Refs & Annos)

§ 18-1502. Beer, wine or other alcohol age violations--Fines

(a) Whenever a person is in violation, on the basis of his age, of any federal, state, or municipal law or ordinance pertaining to the use, possession, procurement, or attempted procurement, or dispensing of any beer, wine or other alcoholic beverage product, the violation shall constitute a misdemeanor.

(b) Every person convicted of a misdemeanor under this section shall be punished by a fine of not more than one thousand dollars ($1,000). The second conviction under this section shall be punished by a fine of not more than two thousand dollars ($2,000), or up to thirty (30) days in jail or both. The third and subsequent conviction under this section shall be punished by a fine of not more than three thousand dollars ($3,000), or up to sixty (60) days in jail or both.

(c) A conviction under this section shall not be used or considered in any manner for purposes of motor vehicle insurance.

(d) Whenever a person pleads guilty or is found guilty of violating any law pertaining to the possession, use, procurement, attempted procurement or dispensing of any beer, wine, or other alcoholic beverage, and such person was under twenty-one (21) years of age at the time of such violation, then in addition to the penalty provided in subsection (b) of this section:

(1) The court shall suspend the person's driving privileges for a period of not more than one (1) year. The person may request restricted driving privileges during the period of suspension, which the court may allow, if the person shows by a preponderance of the evidence that driving privileges are necessary as deemed appropriate by the court.

(2) If the person's driving privileges have been previously suspended under this section, the court shall suspend the person's driving privileges for a period of not more than two (2) years. The person may request restricted driving privileges during the period of suspension, which the court may allow, if the person shows by a preponderance of the evidence that driving privileges are necessary as deemed appropriate by the court.

(3) The person shall surrender his license or permit to the court.

(4) The court shall notify the motor vehicle division of the Idaho transportation department of all orders of suspension it issues pursuant to this section.

(5) The court, in its discretion, may also order the person to undergo and complete an alcohol evaluation and to complete an alcohol treatment or education program in the same manner that persons sentenced pursuant to section 18-8005, Idaho Code, are required to undergo and complete.

CREDIT(S)

S.L. 1981, ch. 222, § 2; S.L. 1982, ch. 110, § 3; S.L. 1983, ch. 266, § 1; S.L. 1987, ch. 212, § 1; S.L. 1989, ch. 88, § 65; S.L. 1989, ch. 155, § 10; S.L. 1990, ch. 280, § 1;S.L. 1994, ch. 133, § 1;S.L. 1998, ch. 312, § 1.

I.C. § 18-1502A

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 15. Children and Vulnerable Adults (Refs & Annos)

§ 18-1502A. Repealed by S.L. 1997, ch. 278, § 2

I.C. § 18-1502B

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 15. Children and Vulnerable Adults (Refs & Annos)

§ 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.

CREDIT(S)

S.L. 1993, ch. 154, § 1;S.L. 2004, ch. 23, § 4.

I.C. § 18-1502C

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 15. Children and Vulnerable Adults (Refs & Annos)

§ 18-1502C. Possession of marijuana or drug paraphernalia by a minor--Use of controlled substances--Fines

(1) Any person under eighteen (18) years of age who shall have in his possession any marijuana as defined in section 37-2701(t), Idaho Code, which would constitute a misdemeanor for an adult so charged, or who shall have in his possession any drug paraphernalia as defined in section 37-2701(n), Idaho Code, or who shall unlawfully use or be under the influence of controlled substances in violation of the provisions of section 37-2732C, Idaho Code, shall be guilty of a misdemeanor, and upon conviction, may be punished by a fine not in excess of one thousand dollars ($1,000) or by ninety (90) days in a juvenile detention facility or by both or may be subject to the provisions of chapter 5, title 20, Idaho Code. If the juvenile is adjudicated under the provisions of chapter 5, title 20, Idaho Code, for a violation of this section he shall be sentenced in accordance with the provisions of chapter 5, title 20, Idaho Code. The juvenile shall be adjudicated under chapter 5, title 20, Idaho Code, for a violation of section 37-2732C, Idaho Code, unless the court finds that adjudication under chapter 5, title 20, Idaho Code, is not appropriate in the circumstances.

(2) A conviction under this section shall not be used as a factor or considered in any manner for the purpose of establishing rates of motor vehicle insurance charged by a casualty insurer, nor shall such conviction be grounds for nonrenewal of any insurance policy as provided in section 41-2507, Idaho Code.

(3) Any person who pleads guilty or is found guilty of possession of marijuana pursuant to this section, or any person under eighteen (18) years of age who pleads guilty or is found guilty of a violation of section 37-2732C, Idaho Code, then in addition to the penalty provided in subsection (1) of this section:

(a) The court shall suspend the person's driving privileges for a period of not more than one (1) year. The person may request restricted driving privileges during the period of suspension, which the court may allow, if the person shows by a preponderance of the evidence that driving privileges are necessary as deemed appropriate by the court.

(b) If the person's driving privileges have been previously suspended under this section, the court shall suspend the person's driving privileges for a period of not more than two (2) years. The person may request restricted driving privileges during the period of suspension, which the court may allow, if the person shows by a preponderance of the evidence that driving privileges are necessary as deemed appropriate by the court.

(d) The court shall notify the motor vehicle division of the Idaho transportation department of all orders of suspension it issues pursuant to this section.

(4) The court, in its discretion, may also order the person convicted of possession of marijuana under subsection (1) of this section, or a person under eighteen (18) years of age who has been convicted of using or being under the influence of a controlled substance in violation of section 37-2732C, Idaho Code, to undergo and complete a substance abuse evaluation and to complete a drug treatment program, as provided in section 37-2738, Idaho Code.

CREDIT(S)

S.L. 1994, ch. 414, § 1;S.L. 1995, ch. 361, § 1;S.L. 1996, ch. 261, § 2;S.L. 1999, ch. 388, § 2;S.L. 2002, ch. 184, § 1;S.L. 2003, ch. 285, § 2. Amended by S.L. 2010, ch. 118, § 1, eff. July 1, 2010.

I.C. § 18-1503

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 15. Children and Vulnerable Adults (Refs & Annos)

§§ 18-1503, 18-1504. Repealed by S.L. 1997, ch. 278, § 2

I.C. § 18-1504

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 15. Children and Vulnerable Adults (Refs & Annos)

§§ 18-1503, 18-1504. Repealed by S.L. 1997, ch. 278, § 2

I.C. § 18-1505

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 15. Children and Vulnerable Adults (Refs & Annos)

§ 18-1505. Abuse, exploitation or neglect of a vulnerable adult

(1) Any person who abuses or neglects a vulnerable adult under circumstances likely to produce great bodily harm or death is guilty of a felony punishable by imprisonment for not more than ten (10) years and not more than a twenty-five thousand dollar ($25,000) fine.

(2) Any person who abuses or neglects a vulnerable adult under circumstances other than those likely to produce great bodily harm or death is guilty of a misdemeanor.

(3) Any person who exploits a vulnerable adult is guilty of a misdemeanor, unless the monetary damage from such exploitation exceeds one thousand dollars ($1,000), in which case the person is guilty of a felony punishable by imprisonment for not more than ten (10) years and not more than a twenty-five thousand dollar ($25,000) fine.

(4) As used in this section:

(a) “Abuse” means the intentional or negligent infliction of physical pain, injury or mental injury. Intentional abuse shall be punished under subsection (1) or (2) of this section depending upon the harm inflicted. Abuse by negligent infliction shall only be punished under subsection (2) of this section.

(b) “Caretaker” means any individual or institution that is responsible by relationship, contract or court order to provide food, shelter or clothing, medical or other life-sustaining necessities to a vulnerable adult.

(c) “Exploitation” or “exploit” means an action which may include, but is not limited to, the unjust or improper use of a vulnerable adult's financial power of attorney, funds, property or resources by another person for profit or advantage.

(d) “Neglect” means failure of a caretaker to provide food, clothing, shelter or medical care to a vulnerable adult, in such a manner as to jeopardize the life, health and safety of the vulnerable adult.

(e) “Vulnerable adult” means a person eighteen (18) years of age or older who is unable to protect himself from abuse, neglect or exploitation due to physical or mental impairment which affects the person's judgment or behavior to the extent that he lacks sufficient understanding or capacity to make or communicate or implement decisions regarding his person, funds, property or resources.

(5) Nothing in this section shall be construed to mean a person is abused, neglected or exploited for the sole reason he is relying upon treatment by spiritual means through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination; nor shall the provisions of this section be construed to require any medical care or treatment in contravention of the stated or implied objection of such a person.

(6) Nothing in this section shall be construed to mean that an employer or supervisor of a person who abuses, exploits or neglects a vulnerable adult may be prosecuted unless there is direct evidence of a violation of this statute by the employer or supervisor.

CREDIT(S)

S.L. 1994, ch. 136, § 3;S.L. 2005, ch. 166, § 1;S.L. 2008, ch. 209, § 1, eff. July 1, 2008; S.L. 2009, ch. 71, § 1, eff. July 1, 2009.

I.C. § 18-1505A

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 15. Children and Vulnerable Adults (Refs & Annos)

§ 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.

CREDIT(S)

S.L. 1993, ch. 179, § 1;S.L. 1994, ch. 136, § 4;S.L. 2005, ch. 166, § 2.

I.C. § 18-1505B

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 15. Children and Vulnerable Adults (Refs & Annos)

§ 18-1505B. Sexual abuse and exploitation of a vulnerable adult

(1) It is a felony for any person, with the intent of arousing, appealing to or gratifying the lust, passion or sexual desires of such person, a vulnerable adult or a third party, to:

(a) Commit any lewd or lascivious act or acts upon or with the body or any part or member thereof of a vulnerable adult 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;

(b) Involve a vulnerable adult in any act of bestiality or sadomasochism as defined in section 18-1507, Idaho Code; or

(c) Cause or have sexual contact with a vulnerable adult, not amounting to lewd conduct as defined in paragraph (a) of this subsection.

(2) For the purposes of this section:

(a) “Commercial purpose” means the intention, objective, anticipation or expectation of monetary gain or other material consideration, compensation, remuneration or profit.

(b) “Sexual contact” means any physical contact between a vulnerable adult and any person or between vulnerable adults, which is caused by the actor, or the actor causing the vulnerable adult to have self-contact;

(c) “Sexually exploitative material” means any image, photograph, motion picture, video, print, negative, slide or other mechanically, electronically, digitally or chemically produced or reproduced visual material that shows a vulnerable adult engaged in, participating in, observing or being used for explicit sexual conduct, or showing a vulnerable adult engaging in, participating in, observing or being used for explicit sexual conduct, in actual time, including, but not limited to, video chat, webcam sessions or video calling; and

(d) “Vulnerable adult” is as defined in section 18-1505, Idaho Code.

(3) Sexual abuse of a vulnerable adult is a felony and shall be punishable by imprisonment in the state prison for a period not to exceed twenty-five (25) years or by a fine not to exceed twenty-five thousand dollars ($25,000), or by both such fine and imprisonment.

(4) It shall be a felony for any person to commit sexual exploitation of a vulnerable adult if, for any commercial purpose, he knowingly:

(a) Causes, induces or permits a vulnerable adult to engage in or be used in any explicit sexual conduct as defined in section 18-1507, Idaho Code; or

(b) Prepares, arranges for, publishes, produces, promotes, makes, sells, finances, offers, exhibits, advertises, deals in, possesses or distributes sexually exploitative material.

(5) The possession by any person of three (3) or more identical copies of any sexually exploitative material shall create a presumption that such possession is for a commercial purpose.

(6) Sexual exploitation of a vulnerable adult shall be punishable by imprisonment in the state prison for a period not to exceed fifteen (15) years or by a fine not to exceed twenty-five thousand dollars ($25,000), or by both such fine and imprisonment.

CREDIT(S)

S.L. 2005, ch. 216, § 1;S.L. 2009, ch. 100, § 1, eff. July 1, 2009. Amended by S.L. 2012, ch. 269, § 1, eff. July 1, 2012.

I.C. § 18-1506

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 15. Children and Vulnerable Adults (Refs & Annos)

§ 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;

(d) 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.

CREDIT(S)

S.L. 1982, ch. 192, § 1; S.L. 1984, ch. 63, § 1; S.L. 1987, ch. 178, § 1; S.L. 1988, ch. 329, § 1; S.L. 1992, ch. 145, § 1;S.L. 2006, ch. 178, § 3, eff. March 24, 2006; S.L. 2008, ch. 240, § 1, eff. July 1, 2008.

I.C. § 18-1506A

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 15. Children and Vulnerable Adults (Refs & Annos)

§ 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

(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.

CREDIT(S)

S.L. 1990, ch. 210, § 1;S.L. 2006, ch. 178, § 4, eff. March 24, 2006.

I.C. § 18-1507

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 15. Children and Vulnerable Adults (Refs & Annos)

§ 18-1507. Definitions--Sexual exploitation of a child--penalties

(1) As used in this section, unless the context otherwise requires:

(a) “Bestiality” means a sexual connection in any manner between a human being and any animal.

(b) “Child” means a person who is less than eighteen (18) years of age.

(c) “Erotic fondling” means touching a person's clothed or unclothed genitals or pubic area, developing or undeveloped genitals or pubic area (if the person is a child), buttocks, breasts (if the person is a female), or developing or undeveloped breast area (if the person is a female child), for the purpose of real or simulated overt sexual gratification or stimulation of one (1) or more of the persons involved. “Erotic fondling” shall not be construed to include physical contact, even if affectionate, which is not for the purpose of real or simulated overt sexual gratification or stimulation of one (1) or more of the persons involved.

(d) “Erotic nudity” means the display of the human male or female genitals or pubic area, the undeveloped or developing genitals or pubic area of the human male or female child, the human female breasts, or the undeveloped or developing breast area of the human female child, for the purpose of real or simulated overt sexual gratification or stimulation of one (1) or more of the persons involved.

(e) “Explicit sexual conduct” means sexual intercourse, erotic fondling, erotic nudity, masturbation, sadomasochism, sexual excitement, or bestiality.

(f) “Masturbation” means the real or simulated touching, rubbing, or otherwise stimulating of a person's own clothed or unclothed genitals or pubic area, developing or undeveloped genitals or pubic area (if the person is a child), buttocks, breasts (if the person is a female), or developing or undeveloped breast area (if the person is a female child), by manual manipulation or self-induced or with an artificial instrument, for the purpose of real or simulated overt sexual gratification or arousal of the person.

(g) “Sadomasochism” means:

(i) Real or simulated flagellation or torture for the purpose of real or simulated sexual stimulation or gratification; or

(ii) The real or simulated condition of being fettered, bound, or otherwise physically restrained for sexual stimulation or gratification of a person.

(h) “Sexual excitement” means the real or simulated condition of human male or female genitals when in a state of real or simulated overt sexual stimulation or arousal.

(i) “Sexual intercourse” means real or simulated intercourse, whether genital-genital, oral-genital, anal-genital, or oral-anal, between persons of the same or opposite sex, or between a human and an animal, or with an artificial genital.

(j) “Sexually exploitative material” means any image, photograph, motion picture, video, print, negative, slide, or other mechanically, electronically, digitally or chemically produced or reproduced visual material which shows a child engaged in, participating in, observing, or being used for explicit sexual conduct, or showing a child engaging in, participating in, observing or being used for explicit sexual conduct, in actual time, including, but not limited to, video chat, webcam sessions or video calling.

(2) A person commits sexual exploitation of a child if he knowingly and willfully:

(a) Possesses or accesses through any means including, but not limited to, the internet, any sexually exploitative material; or

(b) Causes, induces or permits a child to engage in, or be used for, any explicit sexual conduct for the purpose of producing or making sexually exploitative material; or

(c) Promotes, prepares, publishes, produces, makes, finances, offers, exhibits or advertises any sexually exploitative material; or

(d) Distributes through any means including, but not limited to, mail, physical delivery or exchange, use of a computer or any other electronic or digital method, any sexually exploitative material. Distribution of sexually exploitative material does not require a pecuniary transaction or exchange of interests in order to complete the offense.

(3) The sexual exploitation of a child pursuant to subsection (2)(a) of this section is a felony and shall be punishable by imprisonment in the state prison for a period not to exceed ten (10) years or by a fine not to exceed ten thousand dollars ($10,000), or by both such imprisonment and fine.

(4) The sexual exploitation of a child pursuant to subsections (2)(b), (c) and (d) of this section is a felony and shall be punishable by imprisonment in the state prison for a term not to exceed thirty (30) years or by a fine not to exceed fifty thousand dollars ($50,000) or by both such fine and imprisonment.

(5) If any provision of this section or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable.

CREDIT(S)

S.L. 1983, ch. 256, § 1; S.L. 1987, ch. 177, § 1; S.L. 1992, ch. 145, § 2;S.L. 2006, ch. 178, § 5, eff. March 24, 2006. Amended by S.L. 2012, ch. 269, § 2, eff. July 1, 2012.

I.C. § 18-1507A

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 15. Children and Vulnerable Adults (Refs & Annos)

§ 18-1507A. Repealed by S.L. 2012, ch. 269, § 3, eff. July 1, 2012

I.C. § 18-1508

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 15. Children and Vulnerable Adults (Refs & Annos)

§ 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.

CREDIT(S)

S.L. 1973, ch. 1, § 1; S.L. 1984, ch. 63, § 2; S.L. 1992, ch. 145, § 3.

Codifications: I.C. § 18-6607.

I.C. § 18-1508A

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 15. Children and Vulnerable Adults (Refs & Annos)

§ 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; or

(d) Make any photographic or electronic recording of such minor child.

(2) For the purpose of subsection (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 subsections (1)(b), (1)(c), or (1)(d) of this section shall be imprisoned in the state prison for a period not to exceed twenty-five (25) years.

CREDIT(S)

S.L. 1992, ch. 249, § 1;S.L. 2006, ch. 178, § 7, eff. March 24, 2006.

I.C. § 18-1509

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Title 18. Crimes and Punishments

Chapter 15. Children and Vulnerable Adults (Refs & Annos)

§ 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

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.

CREDIT(S)

S.L. 1985, ch. 81, § 1.

I.C. § 18-1509A

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 15. Children and Vulnerable Adults (Refs & Annos)

§ 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.

CREDIT(S)

S.L. 2003, ch. 145, § 1. Amended by S.L. 2012, ch. 270, § 1, eff. July 1, 2012.

I.C. § 18-1510

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 15. Children and Vulnerable Adults (Refs & Annos)

§ 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.

CREDIT(S)

S.L. 1989, ch. 155, § 11.

I.C. § 18-1511

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Title 18. Crimes and Punishments

Chapter 15. Children and Vulnerable Adults (Refs & Annos)

§ 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 2000, ch. 172, § 1.

Codifications: I.C. § 18-1511.

I.C. § 18-1512

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Title 18. Crimes and Punishments

Chapter 15. Children and Vulnerable Adults (Refs & Annos)

§ 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

Codifications: I.C. § 18-1512.

I.C. § 18-1512A

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 15. Children and Vulnerable Adults (Refs & Annos)

§ 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.

CREDIT(S)

S.L. 1988, ch. 226, § 1; S.L. 2000, ch. 174, § 1.

I.C. § 18-1513

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Title 18. Crimes and Punishments

Chapter 15. Children and Vulnerable Adults (Refs & Annos)

§ 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

Codifications: I.C. § 18-1513.

I.C. § 18-1514

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Title 18. Crimes and Punishments

Chapter 15. Children and Vulnerable Adults (Refs & Annos)

§ 18-1514. Obscene materials--Definitions

The following definitions are applicable to this act:

1. “Minor” means any person less than eighteen (18) years of age.

2. “Nudity” means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.

3. “Sexual conduct” means any act of masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, the breast.

4. “Sexual excitement” means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

5. “Sado-masochistic abuse” means flagellation or torture by or upon a person who is nude or clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one who is nude or so clothed.

6. “Harmful to minors” includes in its meaning one or both of the following:

(a) The quality of any material or of any performance or of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sado-masochistic abuse, when it:

(1) appeals to the prurient interest of minors as judged by the average person, applying contemporary community standards; and

(2) depicts or describes representations or descriptions of nudity, sexual conduct, sexual excitement, or sado-masochistic abuse which are patently offensive to prevailing standards in the adult community with respect to what is suitable material for minors and includes, but is not limited to, patently offensive representations or descriptions of:

(i) intimate sexual acts, normal or perverted, actual or simulated; or

(ii) masturbation, excretory functions or lewd exhibition of the genitals or genital area. Nothing herein contained is intended to include or proscribe any matter which, when considered as a whole, and in context in which it is used, possesses serious literary, artistic, political or scientific value for minors, according to prevailing standards in the adult community, with respect to what is suitable for minors.

(b) The quality of any material or of any performance, or of any description or representation, in whatever form, which, as a whole, has the dominant effect of substantially arousing sexual desires in persons under the age of eighteen (18) years.

7. “Material” means anything tangible which is harmful to minors, whether derived through the medium of reading, observation or sound.

8. “Performance” means any play, motion picture, dance or other exhibition performed before an audience.

9. “Promote” means to manufacture, issue, sell, give, provide, deliver, publish, distribute, circulate, disseminate, present, exhibit or advertise, or to offer or agree to do the same.

10. “Knowingly” means having general knowledge of, or reason to know, or a belief or reasonable ground for belief which warrants further inspection or inquiry.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1976, ch. 81, § 15.

Codifications: I.C. § 18-1514.

I.C. § 18-1515

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 15. Children and Vulnerable Adults (Refs & Annos)

§ 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

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.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

Codifications: I.C. § 18-1515.

I.C. § 18-1516

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 15. Children and Vulnerable Adults (Refs & Annos)

§ 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

Codifications: I.C. § 18-1516.

I.C. § 18-1517

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 15. Children and Vulnerable Adults (Refs & Annos)

§ 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.

(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.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

Codifications: I.C. § 18-1517.

I.C. § 18-1517A

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 15. Children and Vulnerable Adults (Refs & Annos)

§ 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.

CREDIT(S)

S.L. 1973, ch. 305, § 18.

Codifications: I.C. § 18-1517A.

I.C. § 18-1518

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 15. Children and Vulnerable Adults (Refs & Annos)

§ 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

Codifications: I.C. § 18-1518.

I.C. § 18-1519

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 15. Children and Vulnerable Adults (Refs & Annos)

§ 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

Codifications: I.C. § 18-1519.

I.C. § 18-1520

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 15. Children and Vulnerable Adults (Refs & Annos)

§ 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.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

Codifications: I.C. § 18-1520.

I.C. § 18-1521

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 15. Children and Vulnerable Adults (Refs & Annos)

§ 18-1521. Uniform enforcement--Abrogation of existing ordinances--Further local ordinances banned

In order to make the application and enforcement of this act uniform throughout the state, it is the intent of the legislature to preempt, to the exclusion of city and county governments, the regulation of the sale, loan, distribution, dissemination, presentation or exhibition to a minor of material which is obscene or which is harmful to minors and depicts in whole or in part nudity, sexual conduct or sado-masochistic abuse. To that end, it is hereby declared that every city or county ordinance adopted before the effective date of this act which deals with the regulation of the sale, loan, distribution, dissemination, presentation or exhibition to a minor of material which is obscene or which is harmful to minors and depicts in whole or in part nudity, sexual conduct or sado-masochistic abuse, shall stand abrogated and unenforceable on or after such effective date; and that no city or county government shall have the power to adopt any ordinance relating to the regulation of the sale, loan, distribution, dissemination, presentation or exhibition to a minor of material which is obscene or which is harmful to minors and depicts in whole or in part nudity, sexual conduct or sado-masochistic abuse, on or after such effective date.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

Codifications: I.C. § 18-1521.

I.C. § 18-1522

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 15. Children and Vulnerable Adults (Refs & Annos)

§ 18-1522. Unauthorized school bus entry--Notice

(1) A person shall be guilty of a misdemeanor if that person:

(a) Enters a school bus with intent to commit a crime;

(b) Enters a school bus and disrupts or interferes with the driver; or

(2) School districts shall place notices at the entrance to school buses which warn against unauthorized school bus entry.

CREDIT(S)

S.L. 1999, ch. 159, § 1.

I.C. § 18-1523

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 15. Children and Vulnerable Adults (Refs & Annos)

§ 18-1523. Tattooing, branding and body piercing of minors

(1) As used in this section:

(a) “Body piercing” means the perforation of any human body part other than an earlobe for the purpose of inserting jewelry or other decoration or for some other nonmedical purpose;

(b) “Branding” means a permanent mark made on human tissue by burning with a hot iron or other instrument for the purpose of decoration or for some other nonmedical purpose;

(c) “Minor” means a person under the age of eighteen (18) years but does not include a person who is an emancipated minor; and

(d) “Tattoo” means one (1) or more of the following but does not include any mark or design done for a medical purpose:

(i) An indelible mark made on the body of another person by the insertion of a pigment under the skin; or

(ii) An indelible design made on the body of another person by production of scars other than by branding.

(2) No person shall knowingly tattoo, brand or perform body piercing on any minor under the age of fourteen (14) years.

(3) No person shall knowingly tattoo, brand or perform body piercing on a minor between the ages of fourteen (14) and eighteen (18) years unless such person obtains the prior written informed consent of the minor's parent or legal guardian. The minor's parent or legal guardian shall execute the written informed consent required pursuant to this subsection in the presence of the person performing the tattooing, branding or body piercing on the minor, or in the presence of an employee or agent of such person.

(4) A person who violates this section is guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500). If there is a subsequent violation of this section within one (1) year of the initial violation, such person shall be fined not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000).

CREDIT(S)

S.L. 2004, ch. 127, § 1.

I.C. § 18-1601

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 16. Compounding Crimes

§ 18-1601. Compounding felony or misdemeanor

Every person who, having knowledge of the actual commission of a crime, takes money or property of another, or any gratuity or reward, or any engagement, or promise thereof, upon any agreement or understanding to compound or conceal, such crime, or to abstain from any prosecution thereof, or to withhold any evidence thereof, except in the cases provided for by law, in which crimes may be compromised by leave of court, is punishable as follows:

(1) By imprisonment in the state prison not exceeding five (5) years, or in a county jail not exceeding one (1) year, where the crime was punishable by death or imprisonment in the state prison for life.

(2) By imprisonment in the state prison not exceeding three (3) years, or in the county jail not exceeding six (6) months where the crime was punishable by imprisonment in the state prison for any other term than for life.

(3) By imprisonment in the county jail not exceeding six (6) months, or by fine not exceeding one thousand dollars ($1,000), where the crime was a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 2006, ch. 71, § 1, eff. July 1, 2006.

I.C. § 18-1602

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 16. Compounding Crimes

§ 18-1602 to 18-1608. Repealed

I.C. § 18-1603

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 16. Compounding Crimes

§ 18-1602 to 18-1608. Repealed

I.C. § 18-1604

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 16. Compounding Crimes

§ 18-1602 to 18-1608. Repealed

I.C. § 18-1605

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 16. Compounding Crimes

§ 18-1602 to 18-1608. Repealed

I.C. § 18-1606

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 16. Compounding Crimes

§ 18-1602 to 18-1608. Repealed

I.C. § 18-1607

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 16. Compounding Crimes

§ 18-1602 to 18-1608. Repealed

I.C. § 18-1608

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 16. Compounding Crimes

§ 18-1602 to 18-1608. Repealed

I.C. § 18-1701

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 17. Conspiracies

§ 18-1701. Criminal conspiracy defined

If two (2) or more persons combine or conspire to commit any crime or offense prescribed by the laws of the state of Idaho, and one (1) or more of such persons does any act to effect the object of the combination or conspiracy, each shall be punishable upon conviction in the same manner and to the same extent as is provided under the laws of the state of Idaho for the punishment of the crime or offenses that each combined to commit.

CREDIT(S)

S.L. 1978, ch. 117, § 2.

I.C. § 18-1702

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 17. Conspiracies

§ 18-1702. Mining claims--Conspiracy to usurp

In all cases where two (2) or more persons associate themselves together for the purpose of obtaining the possession of any lode, gulch or placer claim, then in the actual possession of another, by force and violence, or by stealth, and proceed to carry out such purpose by making threats against the party or parties in possession, or enter upon such lode or mining claim for the purpose aforesaid, or enter upon or into any lode, gulch, placer claim, quartz mill or other mining property, or, not being upon such property, make any threats, or make use of any language, signs or gestures calculated to intimidate any person or persons at work on said property from continuing to work thereon or therein, or to intimidate others from engaging to work thereon or therein, every such person so offending is guilty of [a] misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-1703

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 17. Conspiracies

§§ 18-1703 to 18-1710. Repealed

I.C. § 18-1704

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 17. Conspiracies

§§ 18-1703 to 18-1710. Repealed

I.C. § 18-1705

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 17. Conspiracies

§§ 18-1703 to 18-1710. Repealed

I.C. § 18-1706

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 17. Conspiracies

§§ 18-1703 to 18-1710. Repealed

I.C. § 18-1707

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 17. Conspiracies

§§ 18-1703 to 18-1710. Repealed

I.C. § 18-1708

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 17. Conspiracies

§§ 18-1703 to 18-1710. Repealed

I.C. § 18-1709

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 17. Conspiracies

§§ 18-1703 to 18-1710. Repealed

I.C. § 18-1710

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 17. Conspiracies

§§ 18-1703 to 18-1710. Repealed

I.C. § 18-1801

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 18. Contempts

§ 18-1801. Criminal contempts

Every person guilty of any contempt of court, of either of the following kinds, is guilty of a misdemeanor:

1. Disorderly, contemptuous or insolent behavior committed during the sitting of any court of justice, in immediate view and presence of the court and directly tending to interrupt its proceedings or to impair the respect due to its authority.

2. Behavior of the like character committed in the presence of any referee, while actually engaged in any trial or hearing, pursuant to the order of any court, or in the presence of any jury, while actually sitting for the trial of a cause, or upon any inquest or other proceeding authorized by law.

3. Any breach of the peace, noise or other disturbance directly tending to interrupt the proceedings of any court.

4. Wilful disobedience of any process or order lawfully issued by any court.

5. Resistance wilfully offered by any person to the lawful order or process of any court.

6. The contumacious and unlawful refusal of any person to be sworn as a witness; or, when so sworn, the like refusal to answer any material question.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1994, ch. 131, § 8.

I.C. § 18-1802

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 18. Contempts

§§ 18-1802 to 18-1809. Repealed

I.C. § 18-1803

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 18. Contempts

§§ 18-1802 to 18-1809. Repealed

I.C. § 18-1804

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 18. Contempts

§§ 18-1802 to 18-1809. Repealed

I.C. § 18-1805

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 18. Contempts

§§ 18-1802 to 18-1809. Repealed

I.C. § 18-1806

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 18. Contempts

§§ 18-1802 to 18-1809. Repealed

I.C. § 18-1807

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 18. Contempts

§§ 18-1802 to 18-1809. Repealed

I.C. § 18-1808

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 18. Contempts

§§ 18-1802 to 18-1809. Repealed

I.C. § 18-1809

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 18. Contempts

§§ 18-1802 to 18-1809. Repealed

I.C. § 18-1901

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 19. Corporations

§ 18-1901. Fictitious stock subscription

Every person who signs the name of a fictitious person to any subscription for, or agreement to take, stock in any corporation existing or proposed, and every person who signs to any subscription or agreement the name of any person, knowing that such person has not the means or does not intend in good faith to comply with all the terms thereof, or under any understanding or agreement that the terms of such subscription or agreement are not to be complied with or enforced, is guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-1902

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 19. Corporations

§ 18-1902. Exhibition of false papers to public officers

Every officer, agent or clerk of any corporation, or of any persons proposing to organize a corporation, or to increase the capital stock of any corporation, who knowingly exhibits any false, forged or altered book, paper, voucher, security or other instrument of evidence to any public officer or board, with intent to deceive such officer or board in respect thereto, is guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-1903

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 19. Corporations

§ 18-1903. Use of false name in prospectus

Every person who, without being authorized so to do, subscribes the name of another to, or inserts the name of another in, any prospectus, circular or other advertisement or announcement of any corporation or joint stock association, existing or intended to be formed, within intent to permit the same to be published, and thereby to lead persons to believe that the person whose name is so subscribed is an officer, agent, member or promoter of such corporation or association, is guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-1904

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 19. Corporations

§ 18-1904. Illegal dividends and reductions of capital

Every director of any stock corporation who concurs in any vote or act of the directors of such corporation, or any of them, by which it is intended, either:

1. To make any dividend, except from the surplus profits arising from the business of the corporation, and in the cases and manner allowed by law; or,

2. To divide, withdraw or in any manner, except as provided by law, pay to the stockholders, or any of them, any part of the capital stock of the corporation; or,

3. To discount or receive any note or other evidence of debt in payment of any instalment actually called in and required to be paid, or with the intent to provide the means of making such payment; or,

4. To receive or discount any note or other evidence of debt, with the intent to enable any stockholder to withdraw any part of the money paid in by him or his stock; or,

5. To receive from any other stock corporation, in exchange for the shares, notes, bonds or other evidences of debt of their own corporation, shares of the capital stock of such other corporation, or notes, bonds or other evidences of debt issued by such other corporation;

Is guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-1905

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 19. Corporations

§ 18-1905. Falsification of corporate books

Every director, officer or agent of any corporation or joint stock association who knowingly receives or possesses himself of any property of such corporation or association otherwise than in payment of a just demand, and who, with intent to defraud, omits to make, or to cause or direct to be made, a full and true entry thereof in the books or accounts of such corporation or association, and every director, officer, agent or member of any corporation or joint stock association who, with intent to defraud, destroys, alters, mutilates or falsifies any of the books, papers, writings or securities belonging to such corporation or association, or makes or concurs in making, any false entries, or omits or concurs in omitting to make any material entry in any book of accounts, or other record or document kept by such corporation or association, is punishable by imprisonment in the state prison not less than three (3) nor more than ten (10) years, or by imprisonment in a county jail not exceeding one (1) year or a fine not exceeding one thousand dollars ($1,000), or by both such fine and imprisonment.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 2006, ch. 71, § 2, eff. July 1, 2006.

Codifications: I.C. § 18-1905.

I.C. § 18-1906

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 19. Corporations

§ 18-1906. Fraudulent reports by officers

Every director, officer or agent of any corporation or joint stock association who knowingly concurs in making or publishing any written report, exhibit or statement of its affairs or pecuniary condition, containing any material statement which is false, is guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-1907

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 19. Corporations

§ 18-1907. Refusal to permit stockholder to inspect records

Every officer or agent of any corporation having or keeping an office within this state who has in his custody or control any book, paper or document of such corporation and who refuses to give to a stockholder or member of such corporation, lawfully demanding, during office hours, to inspect or take a copy of the same, or any part thereof, a reasonable opportunity so to do, is guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-1908

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 19. Corporations

§ 18-1908. Directors deemed to have knowledge of affairs

Every director of a corporation or joint stock association is deemed to possess such a knowledge of the affairs of his corporation as to enable him to determine whether any act, proceeding or omission of its directors is a violation of this chapter.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-1909

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 19. Corporations

§ 18-1909. Director present at meeting--Assent to illegal acts

Every director of a corporation or a joint stock association who is present at a meeting of the directors at which any act, proceeding or omission of such directors in violation of this chapter occurs, is deemed to have concurred therein, unless he at the time causes, or in writing requires, his dissent therefrom to be entered in the minutes of the directors.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-1910

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 19. Corporations

§ 18-1910. Director not present at meeting--Assent to illegal acts

Every director of a corporation or joint stock association, although not present at a meeting of the directors at which any act, proceeding or omission of such directors in violation of this chapter occurs, is deemed to have concurred therein, if the facts constituting such violation appear on the records or minutes of the proceedings of the board of directors, and he remains a director of the same company for six months thereafter, and does not within that time cause, or in writing require, his dissent from such illegality to be entered in the minutes of the directors.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-1911

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 19. Corporations

§ 18-1911. Foreign corporations subject to chapter

It is no defense to a prosecution for a violation of the provisions of this chapter that the corporation was one created by the laws of another state, territory, government or country, if it was one carrying on business or keeping an office therefor within this state.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-1912

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 19. Corporations

§ 18-1912. Director defined

The term “director” as used in this chapter embraces any of the persons having by law the direction or management of the affairs of a corporation, by whatever name such persons are described in its charter or known by law.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-2001

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 20. Criminal Solicitation

§ 18-2001. Definition of solicitation

A person is guilty of criminal solicitation to commit a crime if with the purpose of promoting or facilitating its commission he solicits, importunes, commands, encourages or requests another person to engage in specific conduct which would constitute such crime or an attempt to commit such crime or which would establish complicity in its commission or attempted commission.

CREDIT(S)

S.L. 1982, ch. 270, § 1.

I.C. § 18-2002

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 20. Criminal Solicitation

§ 18-2002. Innocence or incapacity of person solicited--No defense

It is no defense to a prosecution for criminal solicitation that the person solicited could not be guilty of the crime solicited owing to criminal irresponsibility or other legal incapacity or exemption, or to unawareness of the criminal nature of the conduct solicited or of the defendant's criminal purpose or to other factors precluding the mental state required for the commission of the crime in question.

CREDIT(S)

S.L. 1982, ch. 270, § 1.

I.C. § 18-2003

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 20. Criminal Solicitation

§ 18-2003. Renunciation of criminal purpose

It is an affirmative defense that the defendant, after soliciting another person to commit a crime, persuaded him not to do so or otherwise prevented the commission of the crime, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose.

CREDIT(S)

S.L. 1982, ch. 270, § 1.

I.C. § 18-2004

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 20. Criminal Solicitation

§ 18-2004. Punishment for criminal solicitation

Every person who is found guilty of criminal solicitation to commit a crime is punishable in the same manner and to the same extent as for an attempt to commit such crime.

CREDIT(S)

S.L. 1982, ch. 270, § 1.

I.C. § 18-2005

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 20. Criminal Solicitation

§ 18-2005. Solicitation to halt or impede lawful forest, mining or agricultural practices

Any person who solicits any other person, or conspires with any other person to commit any crime against property or person with the specific intent to halt, impede, obstruct or interfere with the lawful management, cultivation or harvesting of trees or timber or with the lawful management or operations of agricultural or mining industries, if the act is performed to effect the object of the solicitation or conspiracy, shall be guilty of a felony; provided however, that any person who solicits any other person or conspires with any other person to stage a peaceful demonstration which is not designed, planned, or intended to involve the commission of any crime against property or person shall not be guilty of any crime under the provision of this section.

CREDIT(S)

S.L. 1994, ch. 214, § 1;S.L. 1997, ch. 222, § 1.

I.C. § 18-2101

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 21. Cruelty to Animals [Redesignated and Repealed]

§§ 18-2101 to 18-2111. Redesignated as §§ 25-3503 to 25-3513 by S.L. 1994, ch. 346, §§ 3 to 13

I.C. § 18-2101

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 21. Cruelty to Animals [Redesignated and Repealed]

§§ 18-2101 to 18-2111. Redesignated as §§ 25-3503 to 25-3513 by S.L. 1994, ch. 346, §§ 3 to 13

I.C. § 18-2102

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 21. Cruelty to Animals [Redesignated and Repealed]

§§ 18-2101 to 18-2111. Redesignated as §§ 25-3503 to 25-3513 by S.L. 1994, ch. 346, §§ 3 to 13

I.C. § 18-2103

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 21. Cruelty to Animals [Redesignated and Repealed]

§§ 18-2101 to 18-2111. Redesignated as §§ 25-3503 to 25-3513 by S.L. 1994, ch. 346, §§ 3 to 13

I.C. § 18-2104

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 21. Cruelty to Animals [Redesignated and Repealed]

§§ 18-2101 to 18-2111. Redesignated as §§ 25-3503 to 25-3513 by S.L. 1994, ch. 346, §§ 3 to 13

I.C. § 18-2105

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 21. Cruelty to Animals [Redesignated and Repealed]

§§ 18-2101 to 18-2111. Redesignated as §§ 25-3503 to 25-3513 by S.L. 1994, ch. 346, §§ 3 to 13

I.C. § 18-2106

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 21. Cruelty to Animals [Redesignated and Repealed]

§§ 18-2101 to 18-2111. Redesignated as §§ 25-3503 to 25-3513 by S.L. 1994, ch. 346, §§ 3 to 13

I.C. § 18-2107

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 21. Cruelty to Animals [Redesignated and Repealed]

§§ 18-2101 to 18-2111. Redesignated as §§ 25-3503 to 25-3513 by S.L. 1994, ch. 346, §§ 3 to 13

I.C. § 18-2108

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 21. Cruelty to Animals [Redesignated and Repealed]

§§ 18-2101 to 18-2111. Redesignated as §§ 25-3503 to 25-3513 by S.L. 1994, ch. 346, §§ 3 to 13

I.C. § 18-2109

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 21. Cruelty to Animals [Redesignated and Repealed]

§§ 18-2101 to 18-2111. Redesignated as §§ 25-3503 to 25-3513 by S.L. 1994, ch. 346, §§ 3 to 13

I.C. § 18-2110

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 21. Cruelty to Animals [Redesignated and Repealed]

§§ 18-2101 to 18-2111. Redesignated as §§ 25-3503 to 25-3513 by S.L. 1994, ch. 346, §§ 3 to 13

I.C. § 18-2111

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 21. Cruelty to Animals [Redesignated and Repealed]

§§ 18-2101 to 18-2111. Redesignated as §§ 25-3503 to 25-3513 by S.L. 1994, ch. 346, §§ 3 to 13

I.C. § 18-2112

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 21. Cruelty to Animals [Redesignated and Repealed]

§ 18-2112. Repealed

I.C. § 18-2113

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 21. Cruelty to Animals [Redesignated and Repealed]

§§ 18-2113, 18-2114. Redesignated as §§ 25-3515 and 25-3516 by S.L. 1994, ch. 346, §§ 16 and 17

I.C. § 18-2114

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 21. Cruelty to Animals [Redesignated and Repealed]

§§ 18-2113, 18-2114. Redesignated as §§ 25-3515 and 25-3516 by S.L. 1994, ch. 346, §§ 16 and 17

I.C. § 18-2115

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 21. Cruelty to Animals [Redesignated and Repealed]

§ 18-2115. Repealed

I.C. § 18-2116

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 21. Cruelty to Animals [Redesignated and Repealed]

§ 18-2116. Redesignated as § 25-3518 by S.L. 1994, ch. 346, § 19

I.C. § 18-2201

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 22. Computer Crime

§ 18-2201. Definitions

As use [used] in this chapter:

(1) To “access” means to instruct, communicate with, store data in, retrieve data from or otherwise make use of any resources of a computer, computer system, or computer network.

(2) “Computer” means, but is not limited to, an electronic device which performs logical, arithmetic, or memory functions by the manipulations of electronic or magnetic impulses, and includes all input, output, processing, storage, software, or communication facilities which are connected or related to such a device in a system or network.

(3) “Computer network” means, but is not limited to, the interconnection of communication lines (including microwave or other means of electronic communication) with a computer through remote terminals, or a complex consisting of two (2) or more interconnected computers.

(4) “Computer program” means, but is not limited to, a series of instructions or statements, in a form acceptable to a computer, which permits the functioning of a computer system in a manner designed to provide appropriate products from such computer system.

(5) “Computer software” means, but is not limited to, computer programs, procedures, and associated documentation concerned with the operation of a computer system.

(6) “Computer system” means, but is not limited to, a set of related, connected or unconnected, computer equipment, devices, and software.

(7) “Property” includes, but is not limited to, financial instruments, information, including electronically produced data, and computer software and programs in either machine or human readable form, and any other tangible or intangible item of value.

(8) “Services” include, but are not limited to, computer time, data processing, and storage functions.

CREDIT(S)

S.L. 1984, ch. 68, § 1.

I.C. § 18-2202

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 22. Computer Crime

§ 18-2202. Computer crime

(1) Any person who knowingly accesses, attempts to access or uses, or attempts to use any computer, computer system, computer network, or any part thereof for the purpose of: devising or executing any scheme or artifice to defraud; obtaining money, property, or services by means of false or fraudulent pretenses, representations, or promises; or committing theft; commits computer crime.

(2) Any person who knowingly and without authorization alters, damages, or destroys any computer, computer system, or computer network described in section 18-2201, Idaho Code, or any computer software, program, documentation, or data contained in such computer, computer system, or computer network commits computer crime.

(3) Any person who knowingly and without authorization uses, accesses, or attempts to access any computer, computer system, or computer network described in section 18-2201, Idaho Code, or any computer software, program, documentation or data contained in such computer, computer system, or computer network, commits computer crime.

(4) A violation of the provisions of subsections (1) or (2) of this section shall be a felony. A violation of the provisions of subsection (3) of this section shall be a misdemeanor.

CREDIT(S)

S.L. 1984, ch. 68, § 1.

I.C. § 18-2203

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 22. Computer Crime

§§ 18-2203 to 18-2206. Repealed

I.C. § 18-2204

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 22. Computer Crime

§§ 18-2203 to 18-2206. Repealed

I.C. § 18-2205

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 22. Computer Crime

§§ 18-2203 to 18-2206. Repealed

I.C. § 18-2206

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 22. Computer Crime

§§ 18-2203 to 18-2206. Repealed

I.C. § 18-2301

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 23. Elections

§ 18-2301. Official neglect or malfeasance

Every person charged with the performance of any duty, under the provisions of any law of this state relating to elections, who wilfully neglects or refuses to perform it, or who, in his official capacity, knowingly and fraudulently acts in contravention or violation of any of the provisions of such laws, is, unless a different punishment for such acts or omissions is prescribed by this Code, punishable by fine not exceeding one thousand dollars ($1,000), or by imprisonment in the state prison not exceeding five (5) years, or by both and shall in addition thereto, and regardless of whether or not criminal prosecution is undertaken, be subject to removal from office as provided in title 19, chapter 41, Idaho Code.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-2302

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 23. Elections

§ 18-2302. False swearing as to qualifications as voter

Every person who, upon his right to vote being challenged at any election held under the laws of this state, wilfully, corruptly and falsely swears touching his qualifications as a voter, is guilty of perjury.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-2303

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 23. Elections

§ 18-2303. Refusal to be sworn or to answer questions

Every person who, after being required by the board of judges at any election, refuses to be sworn, or who, after being sworn, refuses to answer any pertinent question propounded by such board, touching his right, or the right of any other person, to vote, is guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-2304

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 23. Elections

§ 18-2304. Procuring illegal votes

Every person who procures, aids, assists, counsels or advises another to give or offer his vote at any election, knowing that the person is not qualified to vote, is guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-2305

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 23. Elections

§ 18-2305. Intimidation, corruption and frauds

Every person who, by force, threats, menaces, bribery, or any corrupt means, either directly or indirectly attempts to influence any elector in giving his vote, or to deter him from giving the same, or attempts by any means whatever, to awe, restrain, hinder or disturb any elector in the free exercise of the right of suffrage, or furnishes any elector wishing to vote, who can not read, with a ticket, informing or giving such elector to understand that it contains a name written or printed thereon different from the name which is written or printed thereon, or defrauds any elector at any such election, by deceiving and causing such elector to vote for a different person, for any office, than he intended or desired to vote for; or who, being officer, judge, or clerk of any election, while acting as such, induces, or attempts to induce, any elector, either by menace or reward, or promise thereof, to vote differently from what such elector intended or desired to vote, is guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-2306

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 23. Elections

§ 18-2306. Illegal voting or interference with election

Every person not entitled to vote, who fraudulently votes, and every person who votes more than once at any one election, or knowingly hands in two (2) or more tickets folded together, or changes any ballot after the same has been deposited in the ballot box, or adds, or attempts to add, any ballot to those legally polled at any election, either by fraudulently introducing the same into the ballot box before or after the ballots therein have been counted, or adds to or mixes with, or attempts to add to or mix with, the ballots lawfully polled, other ballots, while the same are being counted or canvassed, or at any other time, with intent to change the result of such election; or carries away or destroys, or attempts to carry away or destroy, any poll list, or ballots, or ballot box, for the purpose of breaking up or invalidating such election, or wilfully detains, mutilates, or destroys any election returns, or in any manner so interferes with the officers holding such election or conducting such canvass, or with the voters lawfully exercising their rights of voting at such election, as to prevent such election or canvass from being fairly held and lawfully conducted, is guilty of a felony.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-2307

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 23. Elections

§ 18-2307. Attempting to vote when not qualified, or to repeat voting

Every person not entitled to vote, who fraudulently attempts to vote, or who, after being entitled to vote, attempts to vote more than once at any election, is guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-2308

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 23. Elections

§ 18-2308. Attempt of officer to ascertain vote

Every officer, judge, or clerk of an election, who, previous to putting the ballot of an elector in the ballot box, attempts to find out any name on such ballot, or who opens, or suffers the folded ballot of any elector that has been handed in, to be opened or examined previous to putting the same into the ballot box, or who makes, or places any mark or device on any folded ballot, with a view to ascertain the name of any person for whom the elector has voted, or who, without the consent of the elector, discloses the name of any person which such officer, judge, or clerk has fraudulently or illegally discovered to have been voted for by such elector, is punishable by fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000).

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 2006, ch. 71, § 3, eff. July 1, 2006.

I.C. § 18-2309

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 23. Elections

§ 18-2309. Officers attempting to change result

Every officer or clerk of election who aids in changing or destroying any poll list, or in placing any ballots in the ballot box, or taking any therefrom, or adds, or attempts to add, any ballots to those legally polled at such election, either by fraudulently introducing the same into the ballot box before or after the ballots therein have been counted or adds to or mixes with, or attempts to add to or mix with the ballots polled any other ballots, while the same are being counted or canvassed, or at any other time, with intent to change the result of such election, or allows another to do so when in his power to prevent it, or carries away or destroys, or knowingly allows another to carry away or destroy, any poll list, ballot box or ballots lawfully polled, is guilty of a felony.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

Codifications: I.C. § 18-2309.

I.C. § 18-2310

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 23. Elections

§ 18-2310. Forging or counterfeiting returns

Every person who forges or counterfeits returns of an election purporting to have been held at a precinct, town, or ward where no election was in fact held, or wilfully substitutes forged or counterfeit returns of election in the place of the true returns for a precinct, town, or ward where an election was actually held, is guilty of a felony.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-2311

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 23. Elections

§ 18-2311. Adding to or subtracting from votes

Every person who wilfully adds to or subtracts from the votes actually cast at an election in any returns, or who alters such returns, is guilty of a felony.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

Codifications: I.C. § 18-2311.

I.C. § 18-2312

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 23. Elections

§ 18-2312. Aiding and abetting election offenses

Every person who aids or abets in the commission of any of the offenses mentioned in the four preceding sections, is punishable by imprisonment in the county jail for the period of six months, or in the state prison not exceeding two (2) years.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-2313

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 23. Elections

§ 18-2313. Riotous conduct and interference with election

Any person who wilfully disturbs, or is guilty of any riotous conduct at or near, any election place or voting precinct, with intent to disturb the same, or interferes with the access of the electors to the polling place, or in any manner, with the free exercise of the election franchise of the voters, or any voter there assembled, or disturbs or interferes with the canvassing of the votes, or with the making of the returns, is guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-2314

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 23. Elections

§ 18-2314. Betting on elections

Every person who makes, offers, or accepts any bet or wager upon the result of any election, or upon the success or failure of any person or candidate, or upon the number of votes to be cast, either in the aggregate or for any particular candidate, or upon the vote to be cast by any person, is guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-2315

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 23. Elections

§ 18-2315. Election offenses not otherwise provided for

Every person who wilfully violates any of the provisions of the laws of this state relating to elections is, unless a different punishment for such violation is prescribed by law, punishable by fine not exceeding $1,000, or by imprisonment in the state prison not exceeding five (5) years, or by both.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-2316

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 23. Elections

§ 18-2316. Tampering with certificates of nomination or ballots

No person shall falsely make, or make oath to, or fraudulently deface, or fraudulently destroy, any certificate of nomination, or any part thereof, or file, or receive for filing, any certificate of nomination, or letter of withdrawal, knowing the same or any part thereof to be falsely made, or suppress any certificate of nomination which has been duly filed, or any part thereof, or wilfully delay the delivery of any ballots, or forge or falsely make the official indorsement on the ballot, or wilfully destroy any ballot. Every person violating any of the provisions of this section shall be deemed guilty of a felony, and, upon conviction thereof in any court of competent jurisdiction, shall be punished by imprisonment in the penitentiary for a period of not less than one year nor more than five years.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-2317

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 23. Elections

§ 18-2317. Destroying or defacing supplies

No person shall, during the election, remove or destroy any of the supplies or conveniences placed in the booths or compartments for the purpose of enabling the voter to prepare his ballot, or prior to, or on the day of election, willfully deface or destroy any list of candidates posted in accordance with the provisions of title 34, Idaho Code, concerning elections. No person shall, during an election, tear down or deface the cards printed for the instruction of voters. Every person willfully violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and, upon conviction thereof in any court of competent jurisdiction, shall be fined in any sum not exceeding one thousand dollars ($1,000).

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 2006, ch. 71, § 4, eff. July 1, 2006.

I.C. § 18-2318

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 23. Elections

§ 18-2318. Electioneering at polls

(1) On the day of any primary, general or special election, no person may, within a polling place, or any building in which an election is being held, or within one hundred (100) feet thereof:

(a) Do any electioneering;

(b) Circulate cards or handbills of any kind;

(d) Engage in any practice which interferes with the freedom of voters to exercise their franchise or disrupts the administration of the polling place.

(2) No person may obstruct the doors or entries to a building in which a polling place is located or prevent free access to and from any polling place.

(3) Any election officer, sheriff, constable or other peace officer is hereby authorized, and it is hereby made the duty of such officer, to arrest any person violating the provisions of subsections (1) and (2) of this section, and such offender shall be punished by a fine of not less than twenty-five dollars ($25.00) nor exceeding one thousand dollars ($1,000).

CREDIT(S)

S.L. 1986, ch. 97, § 2; S.L. 1997, ch. 360, § 1;S.L. 2006, ch. 71, § 5, eff. July 1, 2006; S.L. 2007, ch. 202, § 1, eff. July 1, 2007.

I.C. § 18-2319

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 23. Elections

§ 18-2319. Attempt to influence votes

No person shall attempt to influence the vote of any elector by means of a promise or a favor, or by means of violence or threats of violence, or threats of withdrawing custom or dealing in business or trade, or enforcing the payment of a debt, or discharging from employment, or bringing a suit or criminal prosecution, or any other threat of injury to be inflicted by him, or by any other means.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-2320

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 23. Elections

§ 18-2320. Bribery of electors

No person shall in any way offer a bribe to an elector to influence his vote.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-2321

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 23. Elections

§ 18-2321. Fraudulent permission of registration

Any registry agent, or other person, who in any manner shall wilfully or corruptly permit any person not entitled to registration or to a certificate of registration, to be registered or have a certificate of registration, or who delays or fails to deliver the certified copies of the official register and the check list to the judges of election as required by law, or who permits any person to register after the date on which the registration books close, or who shall otherwise wilfully or corruptly violate any of the provisions of the law governing elections, the penalty for which is not herein specially prescribed, shall be punished for each and every offense by imprisonment in the penitentiary for a term of not less than one (1) year nor more than five (5) years, or by a fine of not less than $100 nor more than $2,000, or by both such fine and imprisonment in the discretion of the court.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-2322

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 23. Elections

§ 18-2322. Illegal registration by voter

Any person who shall willfully cause, or endeavor to cause, his name to be registered in any other election district than that in which he resides, or will reside prior to the day of the next ensuing election, except as herein otherwise provided, and any person who shall cause, or endeavor to cause, his name to be registered, knowing that he is not a qualified elector, and will not be a qualified elector on or before the day of the next ensuing election, in the election district in which he causes or endeavors to cause such registry to be made, and any person who shall induce, aid or abet anyone in the commission of either of the acts in this section enumerated and described, shall be fined not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000), or be confined in the county jail for not less than one (1) month nor more than six (6) months, or both.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 2006, ch. 71, § 6, eff. July 1, 2006.

I.C. § 18-2323

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 23. Elections

§ 18-2323. Placing placards in booths

Any person or officer of election who shall put, or permit to be put, into a voting booth, any placard, notice or device, except the sample ballots and cards of instruction as by law provided, intended or likely to call the attention of the voter to any candidate, or to urge the voter to vote for any particular candidate, or shall put, or allow anything to be put, into such booths for the use or comfort of the voter whereby the claims of any candidate are urged upon the voter, either directly or indirectly, shall be imprisoned in the county jail not to exceed three (3) months, or fined not to exceed $500.00, or both.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-2401

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 24. Theft

§ 18-2401. Consolidation of theft offenses

(1) Conduct denominated theft in this chapter constitutes a single offense superceding the separate offenses previously known as embezzlement, extortion, false pretenses, cheats, misrepresentations, larceny and receiving stolen goods.

(2) An accusation of theft may be supported by evidence that it was committed in any manner that would be theft under this chapter, notwithstanding the specification of a different manner in the indictment, information or complaint, subject only to the power of the court to ensure fair trial by granting a continuance or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or by surprise.

CREDIT(S)

S.L. 1981, ch. 183, § 2.

I.C. § 18-2402

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 24. Theft

§ 18-2402. Definitions

The following definitions are applicable to this chapter:

(1) “Appropriate.” To “appropriate” property of another to oneself or a third person means:

(a) To exercise control over it, or to aid a third person to exercise control over it, permanently or for so extended a period or under such circumstances as to acquire the major portion of its economic value or benefit; or

(b) To dispose of the property for the benefit of oneself or a third person.

(2) “Deception” means knowingly to:

(a) Create or confirm another's impression which is false and which the offender does not believe to be true; or

(b) Fail to correct a false impression which the offender previously has created or confirmed; or

(d) Sell or otherwise transfer or encumber property, failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of the property whether such impediment is or is not valid, or is or is not a matter of official record; or

(e) Promise performance which the offender does not intend to perform or knows will not be performed. Failure to perform, standing alone, is not evidence that the offender did not intend to perform.

(3) “Deprive.” To “deprive” another of property means:

(a) To withhold it or cause it to be withheld from him permanently or for so extended a period or under such circumstances that the major portion of its economic value or benefit is lost to him; or

(b) To dispose of the property in such manner or under such circumstances as to render it unlikely that an owner will recover such property.

(4) “Obtain” means:

(a) In relation to property, to bring about a transfer of interest or possession, whether to the offender or to another; and

(b) In relation to labor or services, to secure the performance thereof.

(5) “Obtains or exerts control” over property, includes, but is not limited to, the taking, carrying away, or the sale, conveyance, or transfer of title to, or interest in, or possession of property.

(6) “Owner.” When property is taken, obtained or withheld by one (1) person from another person, an owner thereof means any person who has a right to possession thereof superior to that of the taker, obtainer or withholder.

(7) “Person” means an individual, corporation, association, public or private corporation, city or other municipality, county, state agency or the state of Idaho.

(8) “Property” means anything of value. Property includes real estate, money, commercial instruments, admission or transportation tickets, written instruments representing or embodying rights concerning anything of value, labor or services, or otherwise of value to the owner; things growing on, affixed to, or found on land, or part of or affixed to any building; electricity, gas, steam, and water; birds, animals and fish, which ordinarily are kept in a state of confinement; food and drink; samples, cultures, microorganisms, specimens, records, recordings, documents, blueprints, drawings, maps, and whole or partial copies, descriptions, photographs, prototypes or models thereof, or any other articles, materials, devices, substances and whole or partial copies, descriptions, photographs, prototypes or models thereof which constitute, represent, evidence, reflect or record a secret scientific, technical, merchandising, production or management information, design, process, procedure, formula, invention, or improvement.

(9) “Service” includes, but is not limited to, labor, professional service, transportation service, the supplying of hotel accommodations, restaurant services, entertainment, (a communication system) the supplying of equipment for use, and the supplying of commodities of a public utility nature such as gas, electricity, steam and water. A ticket or equivalent instrument which evidences a right to receive a service is not in itself service but constitutes property within the meaning of subsection (8) of this section.

(10) “Stolen property” means property over which control has been obtained by theft.

(11) “Value.” The value of property shall be ascertained as follows:

(a) Except as otherwise specified in this section, value means the market value of the property at the time and place of the crime, or if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the crime.

(b) Whether or not they have been issued or delivered, certain written instruments, not including those having a readily ascertainable market value such as some public and corporate bonds and securities, shall be evaluated as follows:

1. The value of an instrument constituting an evidence of debt, such as a check, draft or promissory note, shall be deemed the amount due or collectible thereon or thereby, such figure ordinarily being the face amount of the indebtedness less any portion thereof which has been satisfied.

2. The value of a ticket or equivalent instrument which evidences a right to receive a transportation, entertainment or other service shall be deemed the price stated thereon, if any; and if no price is stated thereon the value shall be deemed the price of such ticket or equivalent instrument which the issuer charges the general public.

3. The value of any other instrument which creates, releases, discharges or otherwise affects any valuable legal right, privilege or obligation shall be deemed the greatest amount of economic loss which the owner of the instrument might reasonably suffer by virtue of the loss of the instrument.

(c) When the value of property cannot be satisfactorily ascertained pursuant to the standards set forth in paragraphs (a) and (b) of this subsection, its value shall be deemed to be one thousand dollars ($1,000) or less.

(d) For the purpose of establishing value of any written instrument, the interest of any owner or owners entitled to part or all of the property represented by such instrument, by reason of such instrument, may be shown, even if another owner may be named in the complaint, information or indictment.

CREDIT(S)

S.L. 1981, ch. 183, § 2; S.L. 1994, ch. 132, § 1;S.L. 1999, ch. 147, § 1.

I.C. § 18-2403

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 24. Theft

§ 18-2403. Theft

(1) A person steals property and commits theft when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof.

(2) Theft includes a wrongful taking, obtaining or withholding of another's property, with the intent prescribed in subsection (1) of this section, committed in any of the following ways:

(a) By deception obtains or exerts control over property of the owner;

(b) By conduct heretofore defined or known as larceny; common law larceny by trick; embezzlement; extortion; obtaining property, money or labor under false pretenses; or receiving stolen goods;

(c) By acquiring lost property. A person acquires lost property when he exercises control over property of another which he knows to have been lost or mislaid, or to have been delivered under a mistake as to the identity of the recipient or the nature or amount of the property, without taking reasonable measures to return such property to the owner; or a person commits theft of lost or mislaid property when he:

1. Knows or learns the identity of the owner or knows, or is aware of, or learns of a reasonable method of identifying the owner; and

2. Fails to take reasonable measures to restore the property to the owner; and

3. Intends to deprive the owner permanently of the use or benefit of the property.

(d) By false promise:

1. A person obtains property by false promise when pursuant to a scheme to defraud, he obtains property of another by means of a representation, express or implied, that he or a third person will in the future engage in particular conduct, and when he does not intend to engage in such conduct or, as the case may be, does not believe that the third person intends to engage in such conduct.

2. In any prosecution for theft based upon a false promise, the defendant's intention or belief that the promise would not be performed may not be established by or inferred from the fact alone that such promise was not performed. Such a finding may be based only upon evidence establishing that the facts and circumstances of the case are consistent with guilty intent or belief and inconsistent with innocent intent or belief, and excluding to a moral certainty every reasonable hypothesis except that of the defendant's intention or belief that the promise would not be performed;

(e) By extortion. A person obtains property by extortion when he compels or induces another person to deliver such property to himself or to a third person by means of instilling in him a fear that, if the property is not so delivered, the actor or another will:

1. Cause physical injury to some person in the future; or

2. Cause damage to property; or

3. Engage in other conduct constituting a crime; or

4. Accuse some person of a crime or cause criminal charges to be instituted against him; or

5. Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule; or

6. Cause a strike, boycott or other collective labor group action injurious to some person's business; except that such a threat shall not be deemed extortion when the property is demanded or received for the benefit of the group in whose interest the actor purports to act; or

7. Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or

8. Use or abuse his position as a public servant by performing some act within or related to his official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely; or

9. Perform any other act which would not in itself materially benefit the actor but which is calculated to harm another person materially with respect to his health, safety, business, calling, career, financial condition, reputation or personal relationships.

(3) A person commits theft when he knowingly takes or exercises unauthorized control over, or makes an unauthorized transfer of an interest in, the property of another person, with the intent of depriving the owner thereof.

(4) A person commits theft when he knowingly receives, retains, conceals, obtains control over, possesses, or disposes of stolen property, knowing the property to have been stolen or under such circumstances as would reasonably induce him to believe that the property was stolen, and

(a) Intends to deprive the owner permanently of the use or benefit of the property; or

(b) Knowingly uses, conceals or abandons the property in such manner as to deprive the owner permanently of such use or benefit; or

(c) Uses, conceals, or abandons the property knowing such use, concealment or abandonment probably will deprive the owner permanently of such use or benefit.

(5) Theft of labor or services or use of property.

(a) A person commits theft when he obtains the temporary use of property, labor or services of another which are available only for hire, by means of threat or deception or knowing that such use is without the consent of the person providing the property, labor or services.

(b) A person commits theft when after renting or leasing a motor vehicle under an agreement in writing which provides for the return of the vehicle to a particular place at a particular time, he willfully or intentionally fails to return the vehicle to that place within forty-eight (48) hours after the time specified.

(c) A person commits theft if, having control over the disposition of services of others, to which he is not entitled, he knowingly diverts such services to his own benefit or to the benefit of another not entitled thereto.

CREDIT(S)

S.L. 1981, ch. 183, § 2; S.L. 1985, ch. 216, § 1; S.L. 2001, ch. 112, § 1.

I.C. § 18-2403A

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 24. Theft

§ 18-2403A. Repealed

I.C. § 18-2404

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 24. Theft

§ 18-2404. Prima facie evidence--Theft by lessee

It shall be prima facie evidence that a person knowingly obtains or exerts unauthorized control over property of the owner when a lessee of the personal property of another, leased or rented by written instrument:

(1) Fails or refuses to return such personal property to its owner after the lease or rental agreement has expired:

(a) Within ten (10) days; and

(b) Within forty-eight (48) hours after written demand for return thereof is personally served or given by registered mail delivered to the last known address provided in such lease or rental agreement; or

(2) When the lease or rent of such personal property is obtained by presentation of identification to the lessor or renter thereof which is false, fictitious, or knowingly not current to name, address, place of employment, or other identification.

CREDIT(S)

S.L. 1981, ch. 183, § 2.

I.C. § 18-2405

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 24. Theft

§ 18-2405. Proof of fraudulent intent in procuring food, lodging or other accommodations

Proof that lodging, food or other accommodation was obtained by any deception or false pretense, or by any false or fictitious show or pretense of any baggage or other property, or that any person absconded without paying or offering to pay for such food, lodging or other accommodation, or that any such person surreptitiously removed, or attempted to remove, his or her baggage, shall be prima facie proof of the intent necessary for the theft of the same.

CREDIT(S)

S.L. 1981, ch. 183, § 2.

I.C. § 18-2406

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 24. Theft

§ 18-2406. Defenses

(1) It is no defense to a charge of theft of property that the offender has an interest therein, when the owner also has an interest to which the offender is not entitled.

(2) Where the property involved is that of the offender's spouse, no prosecution for theft may be maintained unless the parties were not living together as man and wife and were living in separate abodes at the time of the alleged theft.

(3) In any prosecution for theft committed by trespassory taking or the offense previously known as embezzlement, it is an affirmative defense that the property was appropriated openly and avowedly, and under a claim of right made in good faith. It is not a defense to a theft committed by such conduct that the accused intended to restore the property taken, but may be considered by the court to mitigate punishment if the property is voluntarily and actually restored (or tendered) prior to the filing of any complaint or indictment relating thereto, and this provision does not excuse the unlawful retention of the property of another to offset or pay demands held against such other person.

(4) In any prosecution for theft by extortion committed by instilling in the victim a fear that he or another person would be charged with a crime, it is an affirmative defense that the defendant reasonably believed the threatened charge to be true and that his sole purpose was to compel or induce the victim to take reasonable action to make good the wrong which was the subject of such threatened charge.

(5) It is no defense to a prosecution for theft under a provision of this chapter that the defendant, by reason of the same conduct, also committed an act specified as a crime in another chapter of title 18, or another title of the Idaho Code.

CREDIT(S)

S.L. 1981, ch. 183, § 2; S.L. 2008, ch. 23, § 1, eff. July 1, 2008.

I.C. § 18-2407

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 24. Theft

§ 18-2407. Grading of theft

Theft is divided into two (2) degrees, grand theft and petit theft.

(1) Grand theft.

(a) A person is guilty of grand theft when he commits a theft as defined in this chapter and when the property, regardless of its nature and value, is obtained by extortion committed by instilling in the victim a fear that the actor or another person will:

1. Cause physical injury to some person in the future; or

2. Cause damage to property; or

3. Use or abuse his position as a public servant by engaging in conduct within or related to his official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely.

(b) A person is guilty of grand theft when he commits a theft as defined in this chapter and when:

1. The value of the property taken exceeds one thousand dollars ($1,000); or

2. The property consists of a public record, writing or instrument kept, filed or deposited according to law with or in the keeping of any public office or public servant; or

3. The property consists of a check, draft or order for the payment of money upon any bank, or a check, draft or order account number, or a financial transaction card or financial transaction card account number as those terms are defined in section 18-3122, Idaho Code; or

4. The property, regardless of its nature or value, is taken from the person of another; or

5. The property, regardless of its nature and value, is obtained by extortion; or

6. The property consists of one (1) or more firearms, rifles or shotguns; or

7. The property taken or deliberately killed is livestock or any other animal exceeding one hundred fifty dollars ($150) in value.

8. When any series of thefts, comprised of individual thefts having a value of one thousand dollars ($1,000) or less, are part of a common scheme or plan, the thefts may be aggregated in one (1) count and the sum of the value of all of the thefts shall be the value considered in determining whether the value exceeds one thousand dollars ($1,000); or

9. The property has an aggregate value over fifty dollars ($50.00) and is stolen during three (3) or more incidents of theft during a criminal episode. For purposes of this subparagraph a “criminal episode” shall mean a series of unlawful acts committed over a period of up to three (3) days; or

10. The property is anhydrous ammonia.

(2) Petit theft. A person is guilty of petit theft when he commits a theft as defined in this chapter and his actions do not constitute grand theft.

CREDIT(S)

S.L. 1981, ch. 183, § 2; S.L. 1982, ch. 272, § 1; S.L. 1983, ch. 19, § 1; S.L. 1987, ch. 84, § 1; S.L. 1994, ch. 132, § 2;S.L. 1994, ch. 346, § 21;S.L. 1998, ch. 326, § 1;S.L. 2000, ch. 243, § 1;S.L. 2002, ch. 257, § 1;S.L. 2002, ch. 326, § 1.

I.C. § 18-2408

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 24. Theft

§ 18-2408. Punishment for theft

(1) Grand theft committed in a manner prescribed in subsection (1)(a) of section 18-2407, Idaho Code, is a felony punishable by fine not exceeding ten thousand dollars ($10,000) or imprisonment in the state prison for not less than one (1) year nor more than twenty (20) years, or by both such fine and imprisonment.

(2)(a) Grand theft committed in a manner prescribed in subsection (1)(b)1., 2., 3., 4., 5., 6., 8., 9. or 10. of section 18-2407, Idaho Code, or a felony committed in a manner prescribed in section 18-2415, Idaho Code, is a felony punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in the state prison for not less than one (1) year nor more than fourteen (14) years, or by both such fine and imprisonment.

(b) Grand theft committed in a manner prescribed in subsection (1)(b)7. of section 18-2407, Idaho Code, is a felony punishable by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), and the minimum fine shall not be suspended or withheld, or by imprisonment in the state prison for not less than one (1) year nor more than fourteen (14) years, or by both such fine and imprisonment. In addition, the court shall assess civil damages as provided in section 25-1910, Idaho Code.

(3) Petit theft is a misdemeanor punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding one (1) year or by both.

CREDIT(S)

S.L. 1981, ch. 183, § 2; S.L. 1983, ch. 19, § 2; S.L. 1987, ch. 84, § 2; S.L. 1995, ch. 216, § 1;S.L. 2001, ch. 112, § 2;S.L. 2002, ch. 257, § 2;S.L. 2002, ch. 289, § 1.

I.C. § 18-2409

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 24. Theft

§ 18-2409. Pleading and proof

(1) Where it is an element of the crime charged that property was taken from the person or obtained by extortion, an indictment, complaint or information for theft must so specify. In all other cases, an indictment, information or complaint for theft is sufficient if it alleges that the defendant stole property of the nature or value required for the commission of the crime charged without designating the particular way or manner in which such property was stolen or the particular theory of theft involved.

(2) Proof that the defendant engaged in any conduct constituting theft as defined in section 18-2403, Idaho Code, is sufficient to support any indictment, information or complaint for theft other than one charging theft by extortion. An indictment, complaint or information charging theft by extortion must be supported by proof establishing theft by extortion.

CREDIT(S)

S.L. 1981, ch. 183, § 2; S.L. 1982, ch. 272, § 2.

I.C. § 18-2410

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 24. Theft

§ 18-2410. Prohibiting defacing, altering or obliterating numbers--Sales prohibited--Penalty

(1) Any person who, with intent to deceive or defraud others, shall deface, alter, remove, cover, destroy or obliterate the manufacturer's serial or identification number on any item of property shall be guilty of a felony.

(2) Any person or persons who, with intent to deceive or defraud others, knowingly disposes of, sells, trades or barters, or offers to dispose of, sell, trade or barter any item of property on which the manufacturer's serial or identification number has been defaced, altered, removed, covered or obliterated shall be guilty of a felony.

(3) Any violation of the provisions of this act [this section] shall be punishable by a fine not to exceed one thousand dollars ($1,000) or by imprisonment of not more than five (5) years in the state penitentiary or both.

CREDIT(S)

S.L. 1982, ch. 214, § 1.

I.C. § 18-2411

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 24. Theft

§ 18-2411. Unlawful use of theft detection shielding devices

(1) A person commits unlawful use of a theft detection shielding device when he knowingly manufacturers [manufactures], sells, offers for sale or distributes any laminated, or coated bag or device peculiar to shielding and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor.

(2) A person commits unlawful possession of a theft detection shielding device when he knowingly possesses any laminated or coated bag or device peculiar to and designed for shielding and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor, with the intent to commit theft.

(3) A person commits unlawful possession of a theft detection device remover when he knowingly possesses any tool or device designed to allow the removal of any theft detection device from any merchandise without the permission of the merchant or person owning or holding the merchandise.

(4) A person commits the offense of unlawful removal of a theft detection device when he intentionally removes the device from a product prior to purchase.

(5) A person who commits unlawful use of a theft detection shielding device, unlawful possession of a theft detection shielding device, unlawful possession of a theft detection device remover or unlawful removal of a theft detection device shall be guilty of a misdemeanor for a first offense of a violation of the provisions of this section. Any person who pleads guilty to or is found guilty of a violation of the provisions of this section, or any substantially conforming statute in another state or local jurisdiction for a second time within five (5) years, notwithstanding the form of the judgment(s) or withheld judgment(s), shall be guilty of a felony and shall be punished by a fine not to exceed one thousand dollars ($1,000) or shall be sentenced to the custody of the state board of correction for a term not to exceed five (5) years or both.

CREDIT(S)

S.L. 2000, ch. 129, § 1.

I.C. § 18-2412

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 24. Theft

§§ 18-2412, 18-2413. Repealed

I.C. § 18-2413

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 24. Theft

§§ 18-2412, 18-2413. Repealed

I.C. § 18-2415

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 24. Theft

§ 18-2415. Scanning--Reencoding

(1) As used in this section, the term:

(a) “Scanning device” means a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card.

(b) “Reencoder” means an electronic device that places encoded information from the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different payment card.

(c) “Financial transaction card” or “FTC” means any instrument or device known as a credit card, credit plate, bank services card, banking card, check guarantee card, debit card, telephone credit card or by any other name issued by the issuer for the use of the card holder in obtaining money, goods, services, or anything else of value on credit, or in certifying or guaranteeing to a person or business the availability to the card holder of the funds on deposit that are equal to or greater than the amount necessary to honor a draft or check payable to the order of such a person or business; or any instrument or device used in providing the card holder access to a demand deposit account or a time deposit account for the purpose of making deposits of money or checks therein, or withdrawing funds in the form of money, money orders, or traveler's checks or other representative of value therefrom or transferring funds from any demand account or time deposit account to any credit card account in full or partial satisfaction of any outstanding balance existing therein.

(d) “Merchant” is defined as an owner or operator of any retail mercantile establishment or any agent, employee, lessee, consignee, officer, director, franchisee, or independent contractor of such owner or operator. A “merchant” means a person who receives from an authorized user of a payment card, or someone the person believes to be an authorized user, a payment card or information from a payment card, or what the person believes to be a payment card or information from a payment card, as the instrument for obtaining, purchasing or receiving goods, services, money or anything else of value from the person.

(2) It is a felony for a person to use or possess with intent to use:

(a) A scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card without the permission of the authorized user of the payment card and with the intent to defraud the authorized user, the issuer of the authorized user's payment card, or a merchant.

(b) A reencoder to place information encoded on the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different card without the permission of the authorized user of the card from which the information is being reencoded and with the intent to defraud the authorized user, the issuer of the authorized user's payment card, or a merchant.

(3) Any person who commits a violation pursuant to this section shall be punished pursuant to the provisions of section 18-2408(2)(a), Idaho Code.

CREDIT(S)

S.L. 2002, ch. 289, § 2.

I.C. § 18-2416

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 24. Theft

§ 18-2416. Short title

This act may be known and cited as the “Unused Merchandise Ownership Protection Act.”

CREDIT(S)

S.L. 2000, ch. 130, § 1.

I.C. § 18-2417

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 24. Theft

§ 18-2417. Definitions

As used in the unused merchandise ownership protection act:

(1) “Open market” may include a “swap meet,” an “indoor swap meet” or a “flea market” and means an event at which two (2) or more persons offer personal property for sale or exchange and either:

(a) A fee is charged for those persons selling or exchanging personal property or a fee is charged to the public for admission to the event; or

(b) The event is held more than two (2) times in a twelve (12) month period;

(2) “Unused merchandise” means tangible personal property that, since its original production or manufacturing, has never been used or consumed and, if placed in a package or container, is still in its original and unopened package or container; and

(3) “Vendor of unused merchandise” means a person who offers unused merchandise for sale or exchange at an open market.

CREDIT(S)

S.L. 2000, ch. 130, § 1.

I.C. § 18-2418

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 24. Theft

§ 18-2418. Prohibited sales--Certain merchandise

(1) It is a violation of the unused merchandise ownership protection act for a vendor of unused merchandise to sell or offer for sale any baby food or infant formula, cosmetic, drug or medical device at an open market without displaying a written valid authorization from the manufacturer or distributor of the merchandise. The authorization shall identify the vendor of unused merchandise and shall specify the merchandise that the vendor is authorized to sell.

(2) As used in this section:

(a) “Baby food or infant formula” means unused merchandise consisting of a food product manufactured, packaged and labeled specifically for consumption by a child less than two (2) years of age;

(b) “Cosmetic” means unused merchandise, other than soap, that is:

(i) Intended to be rubbed, poured, sprinkled or sprayed on, introduced into or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness or altering the appearance; or

(ii) Intended for use as a component of any articles enumerated in subparagraph (i) of this paragraph;

(i) Is recognized in an official compendium;

(ii) Affects the structure or any function of the body of man or other animals; or

(iii) Is intended for use as a component of subparagraph (i) or (ii) of this paragraph, but does not include medical devices or their component parts or accessories;

(d) “Medical device” means unused merchandise that is an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent or other similar or related article, including any component, part or accessory, and that is:

(i) Recognized in an official compendium;

(ii) Intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment or prevention of disease, in man or other animals; or

(iii) Intended to affect the structure or function of the body of man or other animals and which does not achieve its principal intended purposes through chemical action within or on the body of man or other animals and which is not dependent upon being metabolized for achievement of its principal intended purposes; and

(e) “Official compendium” means the official United States pharmacopoeia national formulary or the official homeopathic pharmacopoeia of the United States or any supplement to either of them.

CREDIT(S)

S.L. 2000, ch. 130, § 1.

I.C. § 18-2419

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 24. Theft

§ 18-2419. Recordkeeping requirements--Violations

(1) A vendor of unused merchandise shall maintain receipts for the vendor's purchase of any unused merchandise sold or offered for sale by the vendor at an open market. The receipts shall be kept at the open market in which the unused merchandise is offered for sale and at the vendor's residence or principal place of business for two (2) years after the merchandise is sold. Each receipt shall specify:

(a) The date of the purchase;

(b) The name and address of the person from whom the unused merchandise was acquired;

(c) A description of the unused merchandise purchased, including any specific lot numbers or other identifying characteristics;

(d) The amount paid for the unused merchandise; and

(e) The signature of the buyer and the seller of the unused merchandise.

(2) It is a violation of the unused merchandise ownership protection act for a person to knowingly:

(a) Falsify, obliterate or destroy any receipt required to be kept pursuant to this section;

(b) At the request of a police officer, fail or refuse to produce any receipt required to be kept pursuant to this section; and

CREDIT(S)

S.L. 2000, ch. 130, § 1.

I.C. § 18-2420

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 24. Theft

§ 18-2420. Exemptions

(1) The following persons are exempt from the provisions of the unused merchandise ownership protection act:

(a) A vendor at an event organized or operated for religious, educational, charitable or other nonprofit purposes if no part of any admission fee or parking fee charged vendors or prospective purchasers and no part of the gross receipts or net earnings from the sale of merchandise at the event is paid to a private person for participating in the organization or operation of the event;

(b) A vendor at an industry or association trade show;

(c) A vendor at an event at which all of the merchandise offered for sale is new and at which all vendors are manufacturers or authorized representatives of manufacturers or distributors; and

(d) A vendor selling by sample, catalog or brochure for future delivery.

(2) The requirements of the unused merchandise ownership protection act do not apply to sales or offers for sale of the following unused merchandise:

(a) Firewood, sand, gravel, flagstone, building stone or other natural product;

(b) Live animals;

(d) Food intended for human consumption at the open market immediately after sale;

(e) Merchandise offered for sale as an antique or otherwise historical item and, although never used, the style, packaging, material or appearance of which clearly indicates that the merchandise was not produced or manufactured within recent times;

(f) Food offered for sale that was grown, harvested or produced by the vendor or the vendor's principal; and

(g) Art, crafts or handicrafts that were produced by the vendor or the vendor's principal.

CREDIT(S)

S.L. 2000, ch. 130, § 1.

I.C. § 18-2421

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 24. Theft

§ 18-2421. Penalties

A person who violates any provision of the unused merchandise ownership protection act is guilty of a misdemeanor for the first offense. Any person who pleads guilty to or is found guilty of a violation of the unused merchandise ownership protection act, or any substantially conforming statute in another state or any local jurisdiction, for a second time within five (5) years, notwithstanding the form of the judgment(s) or withheld judgment(s), is guilty of a felony and shall be sentenced to the custody of the state board of correction for a term not to exceed five (5) years, or shall be fined an amount not to exceed twenty-five thousand dollars ($25,000) or both.

CREDIT(S)

S.L. 2000, ch. 130, § 1.

I.C. § 18-2501

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 25. Escape or Rescue of Prisoners

§ 18-2501. Rescuing prisoners

Every person who rescues, or attempts to rescue, or aids another person in rescuing or attempting to rescue, any prisoner from any prison, or from any officer or person having him in lawful custody, is punishable as follows:

(1) If such prisoner was in custody upon a conviction of felony punishable by death, by imprisonment in the state prison not less than one (1) nor more than fourteen (14) years.

(2) If such prisoner was in custody upon a conviction of any other felony, by imprisonment in the state prison not less than six (6) months nor more than five (5) years.

(3) If such prisoner was in custody upon a charge of felony, by a fine not exceeding one thousand dollars ($1,000) and imprisonment in the county jail not exceeding one (1) year.

(4) If such prisoner was in custody, otherwise than upon a charge or conviction of felony, by fine not exceeding one thousand dollars ($1,000) and imprisonment in the county jail not exceeding six (6) months.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 2006, ch. 71, § 7, eff. July 1, 2006.

I.C. § 18-2502

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 25. Escape or Rescue of Prisoners

§ 18-2502. Officers assisting in escape

Any sheriff, deputy sheriff, peace officer, correctional officer or other employee of a correctional facility, as defined in section 18-101A, Idaho Code, including a private correctional facility, who fraudulently contrives, procures, aids, connives at, or voluntarily permits the escape of any prisoner in custody, is punishable by imprisonment in the state prison not exceeding ten (10) years, and [a] fine not exceeding ten thousand dollars ($10,000). Every such officer or person who negligently suffers such escape is guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 2000, ch. 272, § 5.

I.C. § 18-2503

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 25. Escape or Rescue of Prisoners

§ 18-2503. Repealed by S.L. 2012, ch. 82, § 1, eff. March 20, 2012

I.C. § 18-2504

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 25. Escape or Rescue of Prisoners

§ 18-2504. Private persons assisting in escape

Every person who wilfully assists any prisoner confined in any prison, or in the lawful custody of any officer or person, to escape, or in an attempt to escape, from such prison or custody, is guilty of a felony.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-2505

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 25. Escape or Rescue of Prisoners

§ 18-2505. Escape by one charged with, convicted of, or on probation for a felony--Escape by a juvenile from custody

(1) Every prisoner charged with, convicted of, or on probation for a felony who is confined in any correctional facility, as defined in section 18-101A, Idaho Code, including any private correctional facility, or who while outside the walls of such correctional facility in the proper custody of any officer or person, or while in any factory, farm or other place without the walls of such correctional facility, who escapes or attempts to escape from such officer or person, or from such correctional facility, or from such factory, farm or other place without the walls of such correctional facility, shall be guilty of a felony, and upon conviction thereof, any such second term of imprisonment shall commence at the time he would otherwise have been discharged. Escape shall be deemed to include abandonment of a job site or work assignment without the permission of an employment supervisor or officer. Escape includes the intentional act of leaving the area of restriction set forth in a court order admitting a person to bail or release on a person's own recognizance with electronic or global positioning system tracking or monitoring, or the area of restriction set forth in a sentencing order, except for leaving the area of restriction for the purpose of obtaining emergency medical care. A person may not be charged with the crime of escape for leaving the aforementioned area of restriction unless the person was notified in writing by the court at the time of setting of bail, release or sentencing of the consequences of violating this section by intentionally leaving the area of restriction.

(2) Any person who is charged with, found to have committed, adjudicated for or is on probation for an offense which would be a felony if committed by an adult, and who is confined in a juvenile detention facility or other secure or nonsecure facility for juveniles and who escapes or attempts to escape from the facility or from the lawful custody of any officer or person shall be subject to proceedings under chapter 5, title 20, Idaho Code, for an offense which would be a felony if committed by an adult. If the juvenile is or has been proceeded against as an adult, pursuant to section 20-508 or 20-509, Idaho Code, the person shall be guilty of a felony for a violation of this section and shall be subject to adult criminal proceedings.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1990, ch. 313, § 1;S.L. 1995, ch. 74, § 1;S.L. 1997, ch. 77, § 1;S.L. 1998, ch. 359, § 1;S.L. 2000, ch. 106, § 1;S.L. 2000, ch. 151, § 1;S.L. 2000, ch. 272, § 6;S.L. 2004, ch. 50, § 1;S.L. 2007, ch. 114, § 1, eff. July 1, 2007. Amended by S.L. 2010, ch. 28, § 1, eff. July 1, 2010.

I.C. § 18-2506

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 25. Escape or Rescue of Prisoners

§ 18-2506. Escape by one charged with or convicted of a misdemeanor--Escape by a juvenile from custody

(1)(a) Every prisoner charged with or convicted of a misdemeanor who is confined in any county jail or other place or who is engaged in any county work outside of such jail or other place, or who is in the lawful custody of any officer or person, who escapes or attempts to escape therefrom, is guilty of a misdemeanor. Escape includes the intentional act of leaving the area of restriction set forth in a court order admitting a person to bail or release on a person's own recognizance with electronic or global positioning system tracking or monitoring, or the area of restriction set forth in a sentencing order, except for leaving the area of restriction for the purpose of obtaining emergency medical care. A person may not be charged with the crime of escape for leaving the aforementioned area of restriction unless the person was notified in writing by the court at the time of setting of bail, release or sentencing of the consequences of violating this section by intentionally leaving the area of restriction.

(b) In cases involving escape or attempted escape by use of threat, intimidation, force, violence, injury to person or property other than that of the prisoner, or wherein the escape or attempted escape was perpetrated by use or possession of any weapon, tool, instrument or other substance, the prisoner shall be guilty of a felony.

(2) Any person who is charged with, found to have committed, adjudicated for or is on probation for an offense which would be a misdemeanor if committed by an adult, and who is confined in a juvenile detention facility or other secure or nonsecure facility for juveniles and who escapes or attempts to escape from the facility or from the lawful custody of an officer or person, shall be subject to proceedings under the provisions of chapter 5, title 20, Idaho Code, for an act which would be a misdemeanor if committed by an adult, or, if the escape or attempted escape was undertaken as provided in subsection (1)(b) of this section, for an offense which would be a felony if committed by an adult. If the juvenile is or has been proceeded against as an adult, pursuant to section 20-508 or 20-509, Idaho Code, the person shall be guilty of a misdemeanor, or if subsection (1)(b) of this section applies, of a felony and, in either case, shall be subject to adult criminal proceedings.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1995, ch. 74, § 2;S.L. 1997, ch. 77, § 2;S.L. 2000, ch. 106, § 2;S.L. 2007, ch. 114, § 2, eff. July 1, 2007. Amended by S.L. 2010, ch. 28, § 2, eff. July 1, 2010.

Codifications: I.C. § 18-2506.

I.C. § 18-2507

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 25. Escape or Rescue of Prisoners

§ 18-2507. Expense of prosecution--How paid

Whenever a person is prosecuted under any of the provisions of section 18-2505, Idaho Code, and whenever a prisoner in the custody of the board of correction housed in a state correctional facility, as defined in section 18-101A, Idaho Code, shall be prosecuted for any crime committed therein, the clerk of the district court shall make out a statement of all the costs incurred by the county for the prosecution of such case, and for the guarding and keeping of such prisoner, and when certified by the judge who tried the case, such statement shall be submitted to and reviewed by the board of examiners. If approved, the board of examiners shall submit the claim to the Idaho department of correction who shall pay the claim to the treasurer of the county where the trial was conducted. The provisions of this section shall apply to prosecution of a prisoner in the custody of the board of correction and housed in a private correctional facility unless otherwise provided for in any contract between the state of Idaho and the private prison contractor entered into pursuant to chapter 2, title 20, Idaho Code.

Costs of prosecution of all other prisoners housed in a private correctional facility shall be recoverable from the private prison contractor, as provided in section 20-809, Idaho Code.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1984, ch. 79, § 1; S.L. 1985, ch. 80, § 1; S.L. 2000, ch. 272, § 7;S.L. 2001, ch. 335, § 11;S.L. 2009, ch. 104, § 1, eff. July 1, 2009.

I.C. § 18-2508

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 25. Escape or Rescue of Prisoners

§ 18-2508. Inmates of public institutions--Enticing, aiding to escape, harboring or employing unlawful

It shall be unlawful for any person, firm, copartnership, corporation or association to knowingly entice, harbor, employ, or aid, assist or abet in the escape, enticing, harboring or employment of any delinquent, insane, feeble-minded or incorrigible person committed to, or confined in any institution maintained by the state for the treatment, education or welfare of delinquent or feeble-minded, incorrigible or insane person.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-2509

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 25. Escape or Rescue of Prisoners

§ 18-2509. Punishment for violation of preceding section

Any person violating the provisions of this act upon conviction, shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than one thousand dollars ($1,000), or imprisonment in the county jail for not less than thirty (30) days nor more than ninety (90) days, or both.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 2005, ch. 359, § 4.

I.C. § 18-2510

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 25. Escape or Rescue of Prisoners

§ 18-2510. Possession, introduction or removal of certain articles into or from correctional facilities

(1) No person including a prisoner, except as authorized by law or with permission of the facility head, shall knowingly:

(a) Introduce, or attempt to introduce, contraband into a correctional facility or the grounds of a correctional facility; or

(b) Convey, or attempt to convey, contraband to a prisoner confined in a correctional facility; or

(d) Receive, obtain or remove, or attempt to receive, obtain or remove, contraband from a correctional facility.

(2) Any person including a prisoner who violates any provision of subsection (1) of this section shall be guilty of a misdemeanor and on conviction thereof shall be punished by imprisonment in the county jail for a period not exceeding one (1) year or by a fine not exceeding one thousand dollars ($1,000), or by both such imprisonment and fine.

(3) No person including a prisoner, except as authorized by law or with permission of the facility head, shall knowingly:

(a) Introduce, or attempt to introduce, major contraband into a correctional facility or the grounds of a correctional facility; or

(b) Convey, or attempt to convey, major contraband to a prisoner confined in a correctional facility; or

(d) Receive, obtain or remove, or attempt to receive, obtain or remove, major contraband from a correctional facility.

(4) Any person including a prisoner who violates any provision of subsection (3) of this section shall be guilty of a felony and on conviction shall be punished by imprisonment in the state prison for a period not exceeding five (5) years or by a fine not exceeding ten thousand dollars ($10,000), or by both such imprisonment and fine.

(5) As used in this section:

(a) “Contraband” means any article or thing that a prisoner confined in a correctional facility is prohibited by statute, rule or policy from obtaining or possessing and the use of which could endanger the safety or security of the correctional facility, any person therein or the public.

(b) “Correctional facility” means a correctional facility as defined in section 18-101A, Idaho Code.

(i) Any controlled substance as defined in section 37-2701(e), Idaho Code;

(ii) Any tobacco product in excess of three (3) ounces;

(iii) Any firearm or dangerous weapon including explosives or combustibles or any plans or materials that may be used in the making or manufacturing of such weapons, explosives or devices;

(iv) Any telecommunication equipment or component hardware including, but not limited to, any device carried, worn or stored that is designed or intended to receive or transmit verbal or written messages, access or store data or connect electronically to the internet or any other electronic device that allows communications in any form. Such devices include, but are not limited to, cellular telephones, portable two-way pagers, hand-held radios, global position satellite system equipment, subscriber identity module (SIM) cards, portable memory chips, batteries, chargers, blackberry-type devices or smart phones, personal digital assistants or PDA's and laptop computers. The term also includes any new technology that is developed for similar purposes. Excluded from this definition is any device having communication capabilities that has been approved by the facility head for investigative or institutional security purposes or for conducting other official business;

(v) Any object or instrument intended or reasonably likely to be used in the planning or aiding in an escape or attempted escape from a correctional facility.

(d) “Prisoner” means a prisoner or a juvenile offender as those terms are defined in section 18-101A, Idaho Code.

CREDIT(S)

Added by S.L. 2012, ch. 82, § 2, eff. March 20, 2012.

I.C. § 18-2511

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 25. Escape or Rescue of Prisoners

§ 18-2511. Repealed by S.L. 2012, ch. 82, § 1, eff. March 20, 2012

I.C. § 18-2601

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 26. Evidence Falsified or Concealed and Witnesses Intimidated or Bribed

§ 18-2601. Falsifying evidence--Offering forged or fraudulent documents in evidence

Every person who, upon any trial, proceeding, inquiry or investigation whatever authorized or permitted by law, offers in evidence as genuine or true, any book, paper, document, record, or other instrument in writing, knowing the same to have been forged or fraudulently altered or antedated, is guilty of felony.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-2602

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 26. Evidence Falsified or Concealed and Witnesses Intimidated or Bribed

§ 18-2602. Preparing false evidence

Every person guilty of preparing any false or antedated book, paper, record, instrument in writing, or other matter or thing, with intent to produce it, or allow it to be produced, for any fraudulent or deceitful purpose, as genuine or true, upon any trial, proceeding or inquiry whatever, authorized by law, is guilty of felony.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-2603

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 26. Evidence Falsified or Concealed and Witnesses Intimidated or Bribed

§ 18-2603. Destruction, alteration or concealment of evidence

Every person who, knowing that any book, paper, record, instrument in writing, or other object, matter or thing, is about to be produced, used or discovered as evidence upon any trial, proceeding, inquiry, or investigation whatever, authorized by law, wilfully destroys, alters or conceals the same, with intent thereby to prevent it from being produced, used or discovered, is guilty of a misdemeanor, unless the trial, proceeding, inquiry or investigation is criminal in nature and involves a felony offense, in which case said person is guilty of a felony and subject to a maximum fine of ten thousand dollars ($10,000) and a maximum sentence of five (5) years in prison.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1983, ch. 250, § 1; S.L. 1990, ch. 309, § 1.

I.C. § 18-2604

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 26. Evidence Falsified or Concealed and Witnesses Intimidated or Bribed

§ 18-2604. Intimidating a witness

(1) Any person who, by direct or indirect force, or by any threats to a person or property, or by any manner wilfully intimidates, influences, impedes, deters, threatens, harasses, obstructs or prevents a witness, including a child witness, or any person who may be called as a witness or any person he believes may be called as a witness in any civil proceeding from testifying freely, fully and truthfully in that civil proceeding is guilty of a misdemeanor.

(2) Any person who, by direct or indirect force, or by any threats to a person or property, or by any manner wilfully intimidates, threatens or harasses any person because such person has testified or because he believes that such person has testified in any civil proceedings is guilty of a misdemeanor.

(3) Any person who, by direct or indirect force, or by any threats to person or property, or by any manner wilfully intimidates, influences, impedes, deters, threatens, harasses, obstructs or prevents, a witness, including a child witness, or any person who may be called as a witness or any person he believes may be called as a witness in any criminal proceeding or juvenile evidentiary hearing from testifying freely, fully and truthfully in that criminal proceeding or juvenile evidentiary hearing is guilty of a felony.

(4) Any person who, by direct or indirect force, or by any threats to a person or property, or by any manner wilfully intimidates, threatens or harasses any person because such person has testified or because he believes that such person has testified in any criminal proceeding or juvenile evidentiary hearing is guilty of a felony.

(5) The fact that a person was not actually prevented from testifying shall not be a defense to a charge brought under subsection (1), (2), (3) or (4) of this section.

CREDIT(S)

S.L. 1985, ch. 174, § 2; S.L. 1993, ch. 46, § 1;S.L. 1995, ch. 50, § 1;S.L. 1996, ch. 272, § 18.

I.C. § 18-2605

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 26. Evidence Falsified or Concealed and Witnesses Intimidated or Bribed

§ 18-2605. Bribing witnesses

Every person who gives or offers, or promises to give, to any witness or person about to be called as a witness, any bribe, upon any understanding or agreement that the testimony of such witness shall be thereby influenced, or who attempts by any other means fraudulently to induce any witness to give false or to withhold true testimony, is guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-2606

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 26. Evidence Falsified or Concealed and Witnesses Intimidated or Bribed

§ 18-2606. Receiving of bribe by witness

Every person who is a witness, or is about to be called as such, who receives or offers to receive any bribe, upon any understanding that his testimony shall be influenced thereby, or that he will absent himself from the trial or proceeding upon which his testimony is required, is guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-2701

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 27. Executive Power

§ 18-2701. Bribery of executive officers

Every person who gives or offers any bribe to any executive officer of this state, with intent to influence him in respect to any act, decision, vote, opinion or other proceeding as such officer, is guilty of a felony.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-2702

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 27. Executive Power

§ 18-2702. Asking or receiving bribes

Every executive officer or person elected or appointed to an executive office who asks, receives or agrees to receive, any bribe upon any agreement or understanding that his vote, opinion or action upon any matter then pending, or which may be brought before him in his official capacity, shall be influenced thereby, is guilty of a felony and forfeits his office.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-2703

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 27. Executive Power

§ 18-2703. Repealed

I.C. § 18-2704

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 27. Executive Power

§ 18-2704. Asking or receiving rewards

Every executive officer who asks or receives any emolument, gratuity or reward, or any promise thereof, excepting such as may be authorized by law, for doing any official act, is guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-2705

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 27. Executive Power

§ 18-2705. Officers not to purchase scrip

Every officer or person prohibited by the laws of this state from becoming a purchaser at sales, or from purchasing scrip, or other evidences of indebtedness, who violates any of the provisions of such laws, is punishable by a fine of not more than $1,000 or by imprisonment in the state prison not more than five years.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-2706

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 27. Executive Power

§ 18-2706. Presentation of fraudulent accounts

Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher or writing, is guilty of a felony.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-2707

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 27. Executive Power

§ 18-2707. Buying appointments

Every person who gives or offers any gratuity or reward, in consideration that he or any other person shall be appointed to any public office, or shall be permitted to exercise or discharge the duties thereof, is guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-2708

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 27. Executive Power

§ 18-2708. Making appointments for reward

Every public officer who for any gratuity or reward, appoints another person to a public office, or permits another person to exercise or discharge any of the duties of his office, is punishable by a fine not exceeding $5,000, and in addition thereto forfeits his office.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-2709

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 27. Executive Power

§ 18-2709. Intrusion into office--Holding over

Every person who wilfully and knowingly intrudes himself into any public office to which he has not been elected or appointed, and every person who, having been an executive officer, wilfully exercises any of the functions of his office after his term has expired, and a successor has been elected or appointed and has qualified, is guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-2710

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 27. Executive Power

§ 18-2710. Withholding books and records from successor

Every officer whose office is abolished by law, or who, after the expiration of the time for which he may be appointed or elected, or after he has resigned or been legally removed from office, wilfully and unlawfully withholds or detains from his successor, or other person entitled thereto, the records, papers, documents or other writings appertaining or belonging to his office, or mutilates, destroys or takes away the same, is guilty of a felony.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-2711

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 27. Executive Power

§ 18-2711. Application of chapter

The various provisions of this chapter apply to administrative and ministerial officers, in the same manner as if they were mentioned therein.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-2712

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 27. Executive Power

§ 18-2712. Disqualified person holding office

Every person not a legal voter and possessing all the qualifications prescribed for voters, or who is under any disqualification created by the laws of this state, who holds or exercises any office, is guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-2801

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 28. Extortion [Repealed]

§§ 18-2801 to 18-2808. Repealed

I.C. § 18-2802

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 28. Extortion [Repealed]

§§ 18-2801 to 18-2808. Repealed

I.C. § 18-2803

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 28. Extortion [Repealed]

§§ 18-2801 to 18-2808. Repealed

I.C. § 18-2804

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 28. Extortion [Repealed]

§§ 18-2801 to 18-2808. Repealed

I.C. § 18-2805

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 28. Extortion [Repealed]

§§ 18-2801 to 18-2808. Repealed

I.C. § 18-2806

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 28. Extortion [Repealed]

§§ 18-2801 to 18-2808. Repealed

I.C. § 18-2807

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 28. Extortion [Repealed]

§§ 18-2801 to 18-2808. Repealed

I.C. § 18-2808

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 28. Extortion [Repealed]

§§ 18-2801 to 18-2808. Repealed

I.C. § 18-2901

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 29. False Imprisonment

§ 18-2901. False imprisonment defined

False imprisonment is the unlawful violation of the personal liberty of another.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-2902

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 29. False Imprisonment

§ 18-2902. Punishment

False imprisonment is punishable by fine not exceeding $5000, or by imprisonment in the county jail not more than one (1) year, or both.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-3001

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 30. False Personation--Fraudulent Marriages

§ 18-3001. False personation

Every person who falsely personates another, and in such assumed character, either:

1. Becomes bail or surety for any party in any proceeding whatever, before any court or officer authorized to take such bail or surety; or

2. Verifies, publishes, acknowledges or proves in the name of another person, any written instrument, with the intent that the same may be recorded, delivered and used as true; or

3. Does any act whereby, if it were done by the person falsely personated, he might in any event, become liable to any suit or prosecution, or to pay any sum of money, or to incur any charge, forfeiture or penalty, or whereby any benefit might accrue to the party personating, or to any other person;

Is punishable by imprisonment in the county jail not exceeding two (2) years, or by a fine not exceeding $5000.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-3002

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 30. False Personation--Fraudulent Marriages

§ 18-3002. Receiving money or property under false personation

Every person who falsely personates another, and in such assumed character receives any money or property knowing that it is intended to be delivered to the individual so personated, with intent to convert the same to his own use, or that of another person, or to deprive the owner thereof, is punishable in the same manner and to the same extent as for larceny of the money or property so received.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-3003

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 30. False Personation--Fraudulent Marriages

§ 18-3003. Marriage under false personation

Every person who falsely personates another, and in such assumed character marries or pretends to marry, or sustain the marriage relation towards another, with or without the connivance of such other, is guilty of a felony.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-3004

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 30. False Personation--Fraudulent Marriages

§ 18-3004. Solemnizing marriage without authority

Every person who undertakes or pretends to join others in marriage, knowing that he is not by law authorized so to do, or knowing of any legal impediment to the proposed marriage, is guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-3005

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 30. False Personation--Fraudulent Marriages

§ 18-3005. Intimidation by false assertion of authority

(1) Any person who either:

(a) Deliberately impersonates or falsely acts as a public officer or tribunal, public employee or any law enforcement authority in connection with or relating to any actual or purported legal process affecting persons or property; or

(b) Simulates legal process including, but not limited to, actions affecting title to real or personal property, indictments, subpoenas, warrants, injunctions, liens, orders, judgments, or any legal documents or proceedings; knowing or having reason to know the contents of any such documents or proceedings or the basis for any action to be fraudulent; or

(d) While acting falsely in asserting authority of law attempts in any way to influence, intimidate, or hinder a public official or law enforcement officer in the discharge of his official duties by means of, but not limited to, threats of or actual physical abuse, harassment, or through the use of simulated legal process;

Is punishable by imprisonment in the county jail for a period not to exceed one (1) year, or by a fine not to exceed one thousand dollars ($1,000) or both.

(2)(a) Nothing in this section shall make unlawful any act of any law enforcement officer or legal tribunal which is performed under lawful authority; and

(b) Nothing in this section shall prohibit individuals from assembling freely to express opinions or designate group affiliation or association; and

(c) Nothing in this section shall prohibit or in any way limit a person's lawful and legitimate access to the courts or prevent a person from instituting or responding to legitimate and lawful legal process.

CREDIT(S)

S.L. 1997, ch. 149, § 1.

I.C. § 18-3101

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 31. False Pretenses, Cheats and Misrepresentations

§ 18-3101. Pyramid promotional schemes prohibited--Penalties--Sale of interest voidable--Scope of remedy

(1) It is illegal and prohibited for any person, or any agent or employee thereof, to establish, promote, offer, operate, advertise or grant participation in any pyramid promotional scheme.

(2) As used in this section:

(a) “Appropriate inventory repurchase program” means a program by which a plan or operation repurchases, upon request at the termination of a participant's business relationship with the plan or operation and based upon commercially reasonable terms, current and marketable inventory purchased and maintained by the participant for resale, use or consumption, provided such plan or operation clearly describes the program in its recruiting literature, sales manual, or contracts with participants, including the manner in which the repurchase is exercised and disclosure of any inventory that is not eligible for repurchase under the program.

(b) “Commercially reasonable terms” means the repurchase of current and marketable inventory within twelve (12) months from the date of original purchase at not less than ninety percent (90%) of the original net cost to the participant, less appropriate set-offs and legal claims, if any. In the case of service products, the repurchase of such service products shall be on a pro rata basis, unless clearly disclosed otherwise to the participant, in order to qualify as “commercially reasonable terms.”

(d) “Consideration” means a payment of any money, or the purchase of goods, services, or intangible property but shall not include:

1. The purchase of goods or services furnished at cost to be used in making sales and not for resale.

2. Time and effort spent in pursuit of sales or recruiting activities.

(e) “Current and marketable” includes inventory that, in the case of consumable or durable goods, is unopened, unused and within its commercially reasonable use of shelf-life period. In the case of services and intangible property, including internet sites, “current and marketable” means the unexpired portion of any contract or agreement. The term “current and marketable” does not include inventory that has been clearly described to the participant prior to purchase as a seasonal, discontinued, or special promotion product not subject to the plan or operation's inventory repurchase program.

(f) “Inventory” includes both goods and services, including company-produced promotional materials, sales aids and sales kits that the plan or operation requires independent salespersons to purchase.

(g) “Inventory loading” means that the plan or operation requires or encourages its independent salespersons to purchase inventory in an amount that unreasonably exceeds that which the salesperson can expect to resell for ultimate consumption, or to use or consume, in a reasonable time period.

(h) “Participant” means a natural person who joins a plan or operation.

(i) “Person” means a natural person, partnership, corporation, trust, estate, business trust, joint venture, unincorporated association, or any other legal or commercial entity.

(j) “Promote” means to contrive, prepare, establish, plan, operate, advertise or otherwise induce or attempt to induce another person to be a participant.

(k) “Pyramid promotional scheme” means any plan or operation in which a participant gives consideration for the right to receive compensation that is derived primarily from the recruitment of other persons as participants in the plan or operation rather than from the sales of goods, services or intangible property to participants or by participants to others.

(3) A limitation as to the number of persons who may participate, or the presence of additional conditions affecting eligibility, or upon payment of anything of value by a person whereby the person obtains any other property in addition to the right to receive consideration, does not change the identity of the scheme as a pyramid promotional scheme.

(4) Any person, or any agent or employee thereof who willfully and knowingly promotes, offers, advertises, or grants participation in a pyramid promotional scheme shall be guilty of a felony.

(5) All pyramid promotional schemes offered by the same person, or agents or employees thereof, or any person controlled by or affiliated with such person, for the same type of consideration, at substantially the same period of time and for the same general purpose, shall be deemed to be one (1) integrated pyramid promotional scheme, even though such pyramid promotional schemes may be given different names or other designations.

(6) Nothing in this section or in any rule promulgated pursuant to this section shall be construed to prohibit a plan or operation, or to define such plan or operation as a pyramid promotional scheme, based upon the fact that participants in the plan or operation give consideration in return for the right to receive compensation based upon purchases of goods, services or intangible property by participants for personal use, consumption or resale, provided the plan or operation implements an appropriate inventory repurchase program and does not promote inventory loading.

(7) Any violation of this section shall also be deemed an unfair and deceptive practice in violation of the Idaho consumer protection act. Any person aggrieved by a violation of this section can recover monetary damages pursuant to the Idaho consumer protection act.

(8) The rights and remedies that are granted under the provisions of this section to purchasers in pyramid promotional schemes are independent of and in addition to any other right or remedy available to them in law or equity, and nothing contained herein shall be construed to diminish or abrogate any such right or remedy.

CREDIT(S)

S.L. 1983, ch. 241, § 1; S.L. 2004, ch. 51, § 1.

I.C. § 18-3102

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 31. False Pretenses, Cheats and Misrepresentations

§§ 18-3102 to 18-3104. Repealed

I.C. § 18-3103

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 31. False Pretenses, Cheats and Misrepresentations

§§ 18-3102 to 18-3104. Repealed

I.C. § 18-3104

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 31. False Pretenses, Cheats and Misrepresentations

§§ 18-3102 to 18-3104. Repealed

I.C. § 18-3105

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 31. False Pretenses, Cheats and Misrepresentations

§ 18-3105. False statement by commission merchant, broker, agent, factor or consignee to principal or consignor

Every commission merchant, broker, agent, factor or consignee who shall wilfully and corruptly make, or cause to be made, to the principal or consignor of such commission merchant, agent, broker, factor or consignee, a false statement concerning the price obtained for, or the quality or quantity of any property consigned or entrusted to, such commission merchant, agent, broker, factor or consignee, for sale, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by fine not exceeding $300.00, or by imprisonment in the county jail not exceeding six (6) months, or by both such fine and imprisonment.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

Codifications: I.C. § 18-3105.

I.C. § 18-3106

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 31. False Pretenses, Cheats and Misrepresentations

§ 18-3106. Drawing check without funds--Drawing check with insufficient funds--Prima facie evidence of intent--Standing of person having acquired rights--Probation conditions

(a) Any person who for himself or as the agent or representative of another or as an officer of a corporation, willfully, with intent to defraud shall make or draw or utter or deliver, or cause to be made, drawn, uttered or delivered, any check, draft or order for the payment of money upon any bank or depositary, or person, or firm, or corporation, knowing at the time of such making, drawing, uttering or delivery that the maker or drawer has no funds in or credit with such bank or depositary, or person, or firm, or corporation, for the payment in full of such check, draft or order upon its presentation, although no express representation is made with reference thereto, shall upon conviction be punished by imprisonment in the state prison for a term not to exceed three (3) years or by a fine not to exceed fifty thousand dollars ($50,000) or by both such fine and imprisonment.

(b) Any person who for himself or as the agent or representative of another or as an officer of a corporation, willfully, with intent to defraud shall make, draw, utter or deliver, or cause to be made, drawn, uttered or delivered, any check, draft or order for the payment of money in the sum of two hundred fifty dollars ($250) or more, or any series of transactions as defined in subsection (f) of this section, upon any bank or depositary, or person, or firm, or corporation, knowing at the time of such making, drawing, uttering or delivery that the maker or drawer has some but not sufficient funds in or credit with such bank or depositary, or person, or firm, or corporation, for the full payment of such check, draft or order or series of transactions upon presentation, although no express representation is made with reference thereto, shall upon conviction be punished by imprisonment in the state prison for a term not to exceed three (3) years, or by a fine not to exceed fifty thousand dollars ($50,000), or by both such fine and imprisonment.

(c) Any person who for himself or as the agent or representative of another or as an officer of a corporation, willfully, with intent to defraud, shall make, draw, utter or deliver, or cause to be made, drawn, uttered, or delivered, any check, draft or order for payment of money, in a sum less than two hundred fifty dollars ($250), which is not part of a series of transactions as defined in subsection (f) of this section, upon any bank or depositary, or person, or firm, or corporation, knowing at the time of such making, drawing, uttering or delivery that the maker or drawer has some but not sufficient funds in or credit with such bank or depositary, or firm, or person, or corporation, for the full payment of such check, draft or order upon its presentation, although no express representation is made with reference thereto, shall upon conviction for a first offense be punished by imprisonment in the county jail for a term not exceeding six (6) months, or by a fine not exceeding one thousand dollars ($1,000) or by both such fine and imprisonment; and upon a second conviction the person so convicted shall be punished by imprisonment in the county jail for a term not exceeding one (1) year, or by a fine not exceeding two thousand dollars ($2,000), or by both such fine and imprisonment; provided, however, that upon a third or subsequent conviction, the person so convicted shall be punished by imprisonment in the state prison for a term not exceeding three (3) years, or by a fine not exceeding fifty thousand dollars ($50,000), or by both such fine and imprisonment.

(d) As against the maker or drawer thereof, the making, drawing, uttering or delivering of such check, draft or order as aforesaid shall be prima facie evidence of intent to defraud and of knowledge of no funds or insufficient funds, as the case may be, in or credit with such bank, or depositary, or person, or firm, or corporation, for the payment in full of such check, draft or order upon its presentation. This prima facie intent to defraud and knowledge of no funds or insufficient funds, as the case may be, shall not be negated by evidence that the check draft or order was for payment of a preexisting debt, including open accounts. The word “credit” as used herein shall be construed to mean an arrangement or understanding with the bank or depositary, or person, or firm, or corporation upon whom such check, draft or order is drawn for the payment of such check, draft or order.

(e) Any person having acquired rights with respect to a check which is not paid because the drawer has no funds, no account or insufficient funds, shall have standing to file a complaint under this section, regardless of whether he is the payee, holder or bearer of the check.

(f) For purposes of this section a “series of transactions” means a series of checks, drafts or orders for the payment of money which are less than two hundred fifty dollars ($250.00) individually but in the aggregate total two hundred fifty dollars ($250) or more, and which are made, uttered, drawn or delivered in violation of this section as part of a common scheme or plan.

(g) If a sentence of probation is ordered for violation of this section, the court as a condition of probation may require the defendant to make restitution on all checks issued and which are unpaid at the date of commencement of the probation in addition to any other terms and conditions appropriate for the treatment and rehabilitation of the defendant.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1979, ch. 214, § 1; S.L. 1994, ch. 184, § 1;S.L. 1996, ch. 306, § 1;S.L. 1998, ch. 324, § 1.

Codifications: I.C. § 18-3106.

I.C. § 18-3107

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 31. False Pretenses, Cheats and Misrepresentations

§ 18-3107. Redesignated as § 1-2301A by S.L. 1983, ch. 192, § 2

I.C. § 18-3108

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 31. False Pretenses, Cheats and Misrepresentations

§ 18-3108 to 18-3121. Repealed

I.C. § 18-3109

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 31. False Pretenses, Cheats and Misrepresentations

§ 18-3108 to 18-3121. Repealed

I.C. § 18-3110

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 31. False Pretenses, Cheats and Misrepresentations

§ 18-3108 to 18-3121. Repealed

I.C. § 18-3111

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 31. False Pretenses, Cheats and Misrepresentations

§ 18-3108 to 18-3121. Repealed

I.C. § 18-3112

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 31. False Pretenses, Cheats and Misrepresentations

§ 18-3108 to 18-3121. Repealed

I.C. § 18-3113

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 31. False Pretenses, Cheats and Misrepresentations

§ 18-3108 to 18-3121. Repealed

I.C. § 18-3114

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 31. False Pretenses, Cheats and Misrepresentations

§ 18-3108 to 18-3121. Repealed

I.C. § 18-3115

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 31. False Pretenses, Cheats and Misrepresentations

§ 18-3108 to 18-3121. Repealed

I.C. § 18-3116

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 31. False Pretenses, Cheats and Misrepresentations

§ 18-3108 to 18-3121. Repealed

I.C. § 18-3117

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 31. False Pretenses, Cheats and Misrepresentations

§ 18-3108 to 18-3121. Repealed

I.C. § 18-3118

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 31. False Pretenses, Cheats and Misrepresentations

§ 18-3108 to 18-3121. Repealed

I.C. § 18-3119

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 31. False Pretenses, Cheats and Misrepresentations

§ 18-3108 to 18-3121. Repealed

I.C. § 18-3120

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 31. False Pretenses, Cheats and Misrepresentations

§ 18-3108 to 18-3121. Repealed

I.C. § 18-3121

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 31. False Pretenses, Cheats and Misrepresentations

§ 18-3108 to 18-3121. Repealed

I.C. § 18-3122

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 31. False Pretenses, Cheats and Misrepresentations

§ 18-3122. Definitions

The following words and phrases used in this chapter mean:

(1) “Authorized credit card merchant” means a person or organization who is authorized by an issuer to furnish money, goods, services or anything of value upon presentation of a financial transaction card or a financial transaction card account number by a card holder, and to present valid credit card sales drafts to the issuer for payment.

(2) “Automated banking device” means any machine which, when properly activated by a financial transaction card and/or a personal identification code, may be used for any of the purposes for which a financial transaction card may be used.

(3) “Card holder” means any person or organization named on the face of a financial transaction card to whom, or for whose benefit, a financial transaction card is issued by an issuer.

(4) “Credit card sales draft” means:

(a) Any sales slip, draft, voucher or other written or electronic record of a sale of goods, services or anything else of value made or purported to be made to or at the request of a card holder with a financial transaction card, financial transaction card account number or personal identification code; or

(b) Any evidence, however manifested, of any right or purported right to collect from a card holder funds due or purported to be due with respect to any sale or purported sale.

(5) “Expired financial transaction card” means any financial transaction card which is no longer valid because the terms agreed to have been cancelled or have elapsed.

(6) “Financial transaction card” or “FTC” means any instrument or device known as a credit card, credit plate, bank services card, banking card, check guarantee card, debit card, telephone credit card or by any other name issued by the issuer for the use of the card holder in obtaining money, goods, services, or anything else of value on credit, or in certifying or guaranteeing to a person or business the availability to the card holder of the funds on deposit that are equal to or greater than the amount necessary to honor a draft or check payable to the order of such a person or business; or any instrument or device used in providing the card holder access to a demand deposit account or a time deposit account for the purpose of making deposits of money or checks therein, or withdrawing funds in the form of money, money orders, or traveler's checks or other representative of value therefrom or transferring funds from any demand account or time deposit account to any credit card account in full or partial satisfaction of any outstanding balance existing therein.

(7) “Financial transaction card account number” means the account number assigned by an issuer to a financial transaction card to identify and account for transactions involving that financial transaction card.

(8) “Issuer” means a business organization or financial institution or its duly authorized agent which issues a financial transaction card.

(9) “Personal identification code” means any numerical and/or alphabetical code assigned to the card holder of a financial transaction card by the issuer to permit the authorized electronic use of that FTC.

(10) “Personal identifying information” means the name, address, telephone number, driver's license number, social security number, place of employment, employee identification number, mother's maiden name, checking account number, savings account number, financial transaction card number, or personal identification code of an individual person, or any other numbers or information which can be used to access a person's financial resources.

(11) “Revoked financial transaction card” means an FTC which is no longer valid because permission to use it has been suspended or terminated by the issuer with actual notice having been made upon the card holder.

CREDIT(S)

S.L. 1981, ch. 164, § 1; S.L. 1991, ch. 331, § 1;S.L. 1999, ch. 124, § 1;S.L. 2007, ch. 33, § 1, eff. July 1, 2007.

I.C. § 18-3123

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 31. False Pretenses, Cheats and Misrepresentations

§ 18-3123. Forgery of a financial transaction card

Any person who, with intent to defraud, counterfeits, falsely makes, embosses, or encodes magnetically or electronically any FTC, or who with intent to defraud, uses the financial transaction card account number or personal identification code of a card holder in the creation of a fictitious or counterfeit credit card sales draft, signs the name of another, or a fictitious name to an FTC, sales slip, sales draft, credit card sales draft, or any instrument for the payment of money which evidences an FTC transaction, shall be guilty of forgery and shall be punished under the current forgery statutes of the state of Idaho.

CREDIT(S)

S.L. 1981, ch. 164, § 2; S.L. 1991, ch. 331, § 2.

I.C. § 18-3124

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 31. False Pretenses, Cheats and Misrepresentations

§ 18-3124. Fraudulent use of a financial transaction card or number

It is a violation of the provisions of this section for any person with the intent to defraud:

(1) To use an FTC or FTC number to knowingly and willfully exceed the actual balance of the demand deposit account or time deposit account;

(2) To use an FTC or FTC number to willfully exceed an authorized credit line in the amount of one thousand dollars ($1,000) or more, or fifty percent (50%) of such authorized credit line, whichever is greater;

(3) To willfully deposit into his account or any other account by means of an automatic banking device, any false, forged, fictitious, altered or counterfeit check draft, money order, or any other such document;

(4) To knowingly sell or attempt to sell credit card sales drafts to an authorized credit card merchant or any other person or organization, for any consideration whether at a discount or otherwise, or present or cause to be presented to the issuer or an authorized credit card merchant, for payment or collection, any credit card sales draft, or purchase or attempt to purchase any credit card sales draft for presentation to the issuer or an authorized credit card merchant for payment or collection if:

(a) Such draft is counterfeit or fictitious;

(b) The purported sale evidenced by such credit card sales draft did not take place;

(d) The items or services purported to be sold as evidenced by such credit card sales draft are not delivered or rendered to the card holder or person intended to receive them; or

(e) If purportedly delivered or rendered, such goods or services are of materially lesser value or quality from that intended by the purchaser, or are materially different from goods or services represented by the seller or his agent to the purchaser, or have substantial discrepancies from goods or services impliedly represented by the purchase price when compared with the actual goods or services purportedly delivered or rendered.

(5) To knowingly keep or maintain in any manner carbon or other impressions or copies of credit card sales drafts, and to use such impressions or copies for the purpose of creating any fictitious or counterfeit credit sales draft, or to engage in any other activity prohibited in this section.

CREDIT(S)

S.L. 1981, ch. 164, § 3; S.L. 1991, ch. 331, § 3;S.L. 1999, ch. 124, § 2;S.L. 2002, ch. 72, § 1;S.L. 2007, ch. 33, § 2, eff. July 1, 2007.

I.C. § 18-3125

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 31. False Pretenses, Cheats and Misrepresentations

§ 18-3125. Criminal possession of financial transaction card, financial transaction number and FTC forgery devices

It is a felony punishable as provided in subsection (3) of section 18-3128, Idaho Code, for any person:

(1) To acquire an FTC or FTC number from another without the consent of the card holder or the issuer, or to, with the knowledge that it has been so acquired, receive an FTC or FTC number with the intent to use to defraud, or to sell, or to transfer the FTC or FTC number to another person with the knowledge that it is to be used to defraud;

(2) To acquire an FTC or FTC number that he knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the card holder, and to retain possession with the intent to use to defraud or to sell or transfer to another person with the knowledge that it is to be used to defraud;

(3) To, with the intent to defraud, knowingly possess a false, fictitious, counterfeit, revoked, expired or fraudulently obtained FTC or any FTC account number;

(4) To, with the intent to defraud, knowingly obtain or attempt to obtain credit or purchase or attempt to purchase any goods, property or service, by use of any false, fictitious, counterfeit, revoked, expired or fraudulently obtained FTC or FTC account number;

(5) To, with the intent to defraud, knowingly produce to another person or procure, a false, fictitious, counterfeit, revoked, expired or fraudulently obtained FTC or any FTC account number;

(6) To, with the intent to defraud and while making an application for an FTC to an issuer, knowingly make or cause to be made, a false written or oral statement or representation respecting his name, personal identifying information, occupation, financial condition, assets, or to materially undervalue any indebtedness for the purpose of influencing the issuer to issue an FTC.

CREDIT(S)

S.L. 1981, ch. 164, § 4; S.L. 2002, ch. 72, § 2;S.L. 2007, ch. 33, § 3, eff. July 1, 2007.

I.C. § 18-3125A

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 31. False Pretenses, Cheats and Misrepresentations

§ 18-3125A. Unauthorized factoring of credit card sales drafts

It is unlawful for any person to knowingly and with intent to defraud, employ, solicit or otherwise cause an authorized credit card merchant, or for the authorized credit card merchant itself, to present to the issuer for payment any credit card sales draft pertaining to any sale or purported sale of goods or services which was not made by such authorized credit card merchant in the ordinary course of business, except with the express authorization of the issuer.

CREDIT(S)

S.L. 1991, ch. 331, § 4.

I.C. § 18-3126

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 31. False Pretenses, Cheats and Misrepresentations

§ 18-3126. Misappropriation of personal identifying information

It is unlawful for any person to obtain or record personal identifying information of another person without the authorization of that person, with the intent that the information be used to obtain, or attempt to obtain, credit, money, goods or services without the consent of that person.

CREDIT(S)

Added by S.L. 1999, ch. 124, § 3. Amended by S.L. 2008, ch. 78, § 1, eff. July 1, 2008.

I.C. § 18-3126A

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 31. False Pretenses, Cheats and Misrepresentations

§ 18-3126A. Acquisition of personal identifying information by false authority

It is unlawful for any person to falsely assume or pretend to be a member of the armed forces of the United States or an officer or employee acting under authority of the United States or any department, agency or office thereof or of the state of Idaho or any department, agency or office thereof, and in such pretended character, seek, demand, obtain or attempt to obtain personal identifying information of another person.

CREDIT(S)

S.L. 2005, ch. 219, § 1.

I.C. § 18-3127

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 31. False Pretenses, Cheats and Misrepresentations

§ 18-3127. Receiving or possessing fraudulently obtained goods or services

It is unlawful for any person to receive, retain, conceal, possess or dispose of personal property, cash or other representative of value, who knows or has reason to believe the property, cash or other representative of value has been obtained by fraud as set forth in sections 18-3123, 18-3124, 18-3125A and 18-3126, Idaho Code.

CREDIT(S)

S.L. 1981, ch. 164, § 5; S.L. 1991, ch. 331, § 5;S.L. 1999, ch. 124, § 4.

Codifications: I.C. § 18-3126.

I.C. § 18-3128

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 31. False Pretenses, Cheats and Misrepresentations

§ 18-3128. Penalty for violation

(1) Any person found guilty of a violation of section 18-3124, 18-3125A or 18-3127, Idaho Code, is guilty of a misdemeanor. In the event that the retail value of the goods obtained or attempted to be obtained through any violation of the provisions of section 18-3124, 18-3125A or 18-3127, Idaho Code, exceeds three hundred dollars ($300), any such violation will constitute a felony, and will be punished as provided in this section. Any person found guilty of a violation of section 18-3125, 18-3126 or 18-3126A, Idaho Code, is guilty of a felony.

(2) For purposes of this section, the punishment for a misdemeanor shall be a fine of up to one thousand dollars ($1,000) or up to one (1) year in the county jail, or both such fine and imprisonment.

(3) For purposes of this section, the punishment for a felony shall be a fine of up to fifty thousand dollars ($50,000) or imprisonment in the state prison not exceeding five (5) years, or both such fine and imprisonment.

CREDIT(S)

S.L. 1981, ch. 164, § 6; S.L. 1982, ch. 100, § 1; S.L. 1991, ch. 331, § 6;S.L. 1994, ch. 132, § 3;S.L. 1999, ch. 124, § 5;S.L. 2002, ch. 72, § 3;S.L. 2005, ch. 219, § 2;S.L. 2007, ch. 33, § 4, eff. July 1, 2007.

Codifications: I.C. § 18-3127.

I.C. § 18-3201

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 32. Falsifying, Mutilating or Concealing Public Records or Written Instruments

§ 18-3201. Officer stealing, mutilating or falsifying public records

Any public officer, law enforcement officer, or subordinate thereof, who wilfully destroys, alters, falsifies or commits the theft of the whole or any part of any police report or any record kept as part of the official governmental records of the state or any county or municipality in the state, shall be guilty of a felony and is punishable by imprisonment in the state prison for not more than fourteen (14) years.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1982, ch. 367, § 1.

I.C. § 18-3202

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 32. Falsifying, Mutilating or Concealing Public Records or Written Instruments

§ 18-3202. Private person stealing, mutilating or falsifying public records

Every person not an officer such as is referred to in the preceding section, who is guilty of any of the acts specified in that section, is punishable by imprisonment in the state prison not exceeding five (5) years, or in a county jail not exceeding one (1) year, or by a fine not exceeding one thousand dollars ($1,000), or by both.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 2006, ch. 71, § 8, eff. July 1, 2006.

I.C. § 18-3203

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 32. Falsifying, Mutilating or Concealing Public Records or Written Instruments

§ 18-3203. Offering false or forged instrument for record

Every person who knowingly procures or offers any false or forged instrument to be filed, registered or recorded in any public office within this state, which instrument, if genuine, might be filed, or registered, or recorded under any law of this state, or of the United States, is guilty of a felony.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-3204

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 32. Falsifying, Mutilating or Concealing Public Records or Written Instruments

§ 18-3204. False certificates or other instruments from officers

Every public officer authorized by law to make or give any certificate or other writing, who makes and delivers as true any such certificate or writing, containing statements which he knows to be false, is guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-3205

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 32. Falsifying, Mutilating or Concealing Public Records or Written Instruments

§ 18-3205. Destroying legal notices

Every person who intentionally defaces, obliterates, tears down or destroys any copy or transcript, or extract from or of any law of the United States or of this state, or any proclamation, advertisement or notification set up at any place in this state, by authority of any law of the United States or of this state, or by order of any court, before the expiration of the time for which the same was to remain set up, is guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1994, ch. 131, § 13.

I.C. § 18-3206

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 32. Falsifying, Mutilating or Concealing Public Records or Written Instruments

§ 18-3206. Mutilating written instruments

A person who maliciously mutilates, tears, defaces, obliterates or destroys any written instrument, the property of another, the false making of which would be forgery, is punishable by imprisonment in the state prison for not less than one (1) nor more than five (5) years.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-3301

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 33. Firearms, Explosives and Other Deadly Weapons

§ 18-3301. Deadly weapon--Possession with intent to assault

Every person having upon him any deadly weapon with intent to assault another is guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-3302

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 33. Firearms, Explosives and Other Deadly Weapons

§ 18-3302. Issuance of licenses to carry concealed weapons

(1) The sheriff of a county, on behalf of the state of Idaho, shall, within ninety (90) days after the filing of an application by any person who is not disqualified from possessing or receiving a firearm under state or federal law, issue a license to the person to carry a weapon concealed on his person within this state. For licenses issued before July 1, 2006, a license shall be valid for four (4) years from the date of issue. For licenses issued on or after July 1, 2006, a license shall be valid for five (5) years from the date of issue. The citizen's constitutional right to bear arms shall not be denied to him, unless one (1) of the following applies. He:

(a) Is ineligible to own, possess or receive a firearm under the provisions of state or federal law;

(b) Is formally charged with a crime punishable by imprisonment for a term exceeding one (1) year;

(d) Is a fugitive from justice;

(e) Is an unlawful user of, or addicted to, marijuana or any depressant, stimulant or narcotic drug, or any other controlled substance as defined in 21 U.S.C. 802;

(f) Is currently suffering or has been adjudicated as follows, based on substantial evidence:

(i) Lacking mental capacity as defined in section 18-210, Idaho Code;

(ii) Mentally ill as defined in section 66-317, Idaho Code;

(iii) Gravely disabled as defined in section 66-317, Idaho Code; or

(iv) An incapacitated person as defined in section 15-5-101(a), Idaho Code.

(g) Is or has been discharged from the armed forces under dishonorable conditions;

(h) Is or has been adjudicated guilty of or received a withheld judgment or suspended sentence for one (1) or more crimes of violence constituting a misdemeanor, unless three (3) years have elapsed since disposition or pardon has occurred prior to the date on which the application is submitted;

(i) Has had entry of a withheld judgment for a criminal offense which would disqualify him from obtaining a concealed weapon license;

(j) Is an alien illegally in the United States;

(k) Is a person who having been a citizen of the United States, has renounced his or her citizenship;

(l) Is under twenty-one (21) years of age;

(m) Is free on bond or personal recognizance pending trial, appeal or sentencing for a crime which would disqualify him from obtaining a concealed weapon license; or

(n) Is subject to a protection order issued under chapter 63, title 39, Idaho Code, that restrains the person from harassing, stalking or threatening an intimate partner of the person or child of the intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child.

The license application shall be in a form to be prescribed by the director of the Idaho state police, and shall ask the name, address, description and signature of the licensee, date of birth, place of birth, social security number, military status, citizenship and the driver's license number or state identification card number of the licensee if used for identification in applying for the license. The application shall indicate that provision of the social security number is optional. The license application shall contain a warning substantially as follows:

CAUTION: Federal law and state law on the possession of weapons and firearms differ. If you are prohibited by federal law from possessing a weapon or a firearm, you may be prosecuted in federal court. A state permit is not a defense to a federal prosecution.

The sheriff shall require any person who is applying for original issuance of a license to submit his fingerprints in addition to the other information required in this subsection. Within five (5) days after the filing of an application, the sheriff shall forward the application and fingerprints to the Idaho state police for a records check of state and national files. The Idaho state police shall conduct a national fingerprint-based records check and return the results to the sheriff within seventy-five (75) days. The sheriff shall not issue a license before receiving the results of the records check and must deny a license if the applicant is disqualified under any of the criteria listed in paragraphs (a) through (n) of this subsection.

The license will be in a form substantially similar to that of the Idaho driver's license. It will bear the signature, name, address, date of birth, picture of the licensee, expiration date and the driver's license number or state identification card number of the licensee if used for identification in applying for the license. Upon issuing a license under the provisions of this section, the sheriff will notify the Idaho state police on a form or in a manner prescribed by the state police. Information relating to an applicant or licensee received or maintained pursuant to this section by the sheriff or Idaho state police is confidential and exempt from disclosure under section 9-338, Idaho Code.

(2) The fee for original issuance of a license shall be twenty dollars ($20.00) paid to the sheriff for the purpose of enforcing the provisions of this chapter. The sheriff may collect any additional fees necessary to cover the cost of processing fingerprints lawfully required by any state or federal agency or department, and the cost of materials for the license lawfully required by any state agency or department, which costs shall be paid to the state.

(3) The fee for renewal of the license shall be fifteen dollars ($15.00). The sheriff may collect any additional fees necessary to cover the processing costs lawfully required by any state or federal agency or department, and the cost of materials for the license lawfully required by any state agency or department, which costs shall be paid to the state. If a licensee applying for renewal has not previously been required to submit fingerprints, the sheriff shall require the licensee to do so and may collect any additional fees necessary to cover the cost of processing fingerprints lawfully required by any state or federal agency or department.

(4) Every license that is not, as provided by law, suspended, revoked or disqualified in this state shall be renewable at any time during the ninety (90) day period before its expiration or within ninety (90) days after the expiration date. Renewal notices shall be mailed out ninety (90) days prior to the expiration date of the license. The sheriff shall require the licensee applying for renewal to complete an application. The sheriff shall submit the application to the Idaho state police for a records check of state and national databases. The Idaho state police shall conduct the records check and return the results to the sheriff within thirty (30) days. The sheriff shall not issue a renewal before receiving the results of the records check and must deny a license if the applicant is disqualified under any of the criteria listed in subsection (1), paragraphs (a) through (n) of this section. A renewal license shall be valid for a period of five (5) years. A license so renewed shall take effect on the expiration date of the prior license. A licensee renewing ninety-one (91) days or more after the expiration date of the license shall pay a late renewal penalty of ten dollars ($10.00) in addition to the renewal fee, except that any licensee serving on active duty in the armed forces of the United States during the renewal period shall not be required to pay a late renewal penalty upon renewing ninety-one (91) days or more after the expiration date of the license. The fee shall be paid to the sheriff for the purpose of enforcing the provisions of this chapter.

(5) Notwithstanding the requirements of this section, the sheriff of the county of the applicant's residence may issue a temporary emergency license for good cause pending review under subsection (1) of this section.

(6) A city, county or other political subdivision of this state shall not modify the requirements of this section, nor may a political subdivision ask the applicant to voluntarily submit any information not required in this section. A civil action may be brought to enjoin a wrongful refusal to issue a license or a wrongful modification of the requirements of this section. The civil action may be brought in the county in which the application was made or in Ada county at the discretion of the petitioner. Any person who prevails against a public agency in any action in the courts for a violation of subsections (1) through (5) of this section, shall be awarded costs, including reasonable attorney's fees incurred in connection with the legal action.

(7) Except in the person's place of abode or fixed place of business, or on property in which the person has any ownership or leasehold interest, a person shall not carry a concealed weapon without a license to carry a concealed weapon. For the purposes of this section, a concealed weapon means any dirk, dirk knife, bowie knife, dagger, pistol, revolver or any other deadly or dangerous weapon. The provisions of this section shall not apply to any lawfully possessed shotgun or rifle, any knife, cleaver or other instrument primarily used in the processing, preparation or eating of food, any knife with a blade four (4) inches or less or any lawfully possessed taser, stun gun or pepper spray.

(8) A county sheriff, deputy sheriff or county employee who issues a license to carry a concealed weapon under this section shall not incur any civil or criminal liability as the result of the performance of his duties under this section.

(9) While in any motor vehicle, inside the limits or confines of any city, a person shall not carry a concealed weapon on or about his person without a license to carry a concealed weapon. This shall not apply to any firearm located in plain view whether it is loaded or unloaded. A firearm may be concealed legally in a motor vehicle so long as the weapon is disassembled or unloaded.

(10) In implementing the provisions of this section on behalf of the state of Idaho, the sheriff shall make applications readily available at the office of the sheriff or at other public offices in his jurisdiction.

(11) The sheriff of a county may issue a license to carry a concealed weapon to those individuals between the ages of eighteen (18) and twenty-one (21) years who in the judgment of the sheriff warrant the issuance of the license to carry a concealed weapon. Such issuance shall be subject to limitations which the issuing authority deems appropriate. Licenses issued to individuals between the ages of eighteen (18) and twenty-one (21) years shall be easily distinguishable from regular licenses.

(12) The requirement to secure a license to carry a concealed weapon under this section shall not apply to the following persons:

(a) Officials of a county, city, state of Idaho, the United States, peace officers, guards of any jail, court appointed attendants or any officer of any express company on duty;

(b) Employees of the adjutant general and military division of the state where military membership is a condition of employment when on duty;

(c) Criminal investigators of the attorney general's office, criminal investigators of a prosecuting attorney's office, prosecutors and their deputies;

(d) Any person outside the limits of or confines of any city while engaged in lawful hunting, fishing, trapping or other lawful outdoor activity;

(e) Any publicly elected Idaho official;

(f) Retired peace officers or detention deputies with at least ten (10) years of service with the state or a political subdivision as a peace officer or detention deputy and who have been certified by the peace officer standards and training council;

(g) Any person who has a valid permit from a state or local law enforcement agency or court authorizing him to carry a concealed weapon. A permit issued in another state will only be considered valid if the permit is in the licensee's physical possession.

(13) When issuing a license pursuant to this section, the sheriff may require the applicant to demonstrate familiarity with a firearm and shall accept any of the following, provided the applicant may select whichever of the following applies:

(a) Completion of any hunter education or hunter safety course approved by the department of fish and game or a similar agency of another state;

(b) Completion of any national rifle association firearms safety or training course or any national rifle association hunter education course;

(c) Completion of any firearms safety or training course or class available to the general public offered by a law enforcement agency, community college, college, university, or private or public institution or organization or firearms training school, utilizing instructors certified by the national rifle association or the Idaho state police;

(d) Completion of any law enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any division or subdivision of a law enforcement agency or security enforcement agency;

(e) Presents evidence or equivalent experience with a firearm through participation in organized shooting competition or military service;

(f) Is licensed or has been licensed to carry a firearm in this state or a county or municipality, unless the license has been revoked for cause; or

(g) Completion of any firearms training or training or safety course or class conducted by a state certified or national rifle association certified firearms instructor.

(14) A person carrying a concealed weapon in violation of the provisions of this section shall be guilty of a misdemeanor.

(15) The sheriff of the county where the license was issued or the sheriff of the county where the person resides shall have the power to revoke a license subsequent to a hearing in accordance with the provisions of chapter 52, title 67, Idaho Code, for any of the following reasons:

(a) Fraud or intentional misrepresentation in the obtaining of a license;

(b) Misuse of a license, including lending or giving a license to another person, duplicating a license or using a license with the intent to unlawfully cause harm to a person or property;

(c) The doing of an act or existence of a condition which would have been grounds for the denial of the license by the sheriff;

(d) The violation of any of the terms of this section; or

(e) The applicant is adjudicated guilty of or receives a withheld judgment for a crime which would have disqualified him from initially receiving a license.

(16) A person twenty-one (21) years of age or older issued a license to carry a concealed weapon is exempt from any requirement to undergo a records check at the time of purchase or transfer of a firearm from a federally licensed firearms dealer. However, a temporary emergency license issued under subsection (5) of this section shall not exempt the holder of the license from any records check requirement. Temporary emergency licenses shall be easily distinguishable from regular licenses.

(17) The attorney general is authorized to negotiate reciprocal agreements with other states related to the recognition of licenses to carry concealed weapons. The Idaho state police shall keep a copy and maintain a record of all such agreements, which shall be made available to the public.

(18) The provisions of this section are hereby declared to be severable and if any provision of this section or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this section.

CREDIT(S)

S.L. 1990, ch. 256, § 2;S.L. 1991, ch. 213, § 1;S.L. 1991, ch. 262, § 1;S.L. 1994, ch. 431, § 1;S.L. 1995, ch. 356, § 1;S.L. 1996, ch. 392, § 1;S.L. 1998, ch. 90, § 8;S.L. 2000, ch. 469, § 22;S.L. 2005, ch. 165, § 1;S.L. 2006, ch. 114, § 1, eff. July 1, 2006; S.L. 2006, ch. 294, § 1, eff. July 1, 2006. Amended by S.L. 2010, ch. 97, § 1, eff. July 1, 2010; S.L. 2010, ch. 237, § 1, eff. July 1, 2010; S.L. 2013, ch. 225, § 1, eff. April 2, 2013.

I.C. § 18-3302A

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 33. Firearms, Explosives and Other Deadly Weapons

§ 18-3302A. Sale of weapons to minors

It shall be unlawful to directly or indirectly sell to any minor under the age of eighteen (18) years any weapon without the written consent of the parent or guardian of the minor. Any person violating the provisions of this section shall be guilty of a misdemeanor and shall be punished by a fine not in excess of one thousand dollars ($1,000), by imprisonment in the county jail for a term not in excess of six (6) months, or by both such fine and imprisonment. As used in this section, “weapon” shall mean any dirk, dirk knife, bowie knife, dagger, pistol, revolver or gun.

CREDIT(S)

S.L. 1990, ch. 256, § 3;S.L. 1994, ch. 369, § 1.

I.C. § 18-3302B

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 33. Firearms, Explosives and Other Deadly Weapons

§ 18-3302B. Carrying concealed weapons under the influence of alcohol or drugs

It shall be unlawful for any person to carry a concealed weapon on or about his person when intoxicated or under the influence of an intoxicating drink or drug. Any violation of the provisions of this section shall be a misdemeanor.

CREDIT(S)

S.L. 1990, ch. 256, § 3.

I.C. § 18-3302C

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 33. Firearms, Explosives and Other Deadly Weapons

§ 18-3302C. Prohibited conduct

Any person obtaining a license under the provisions of section 18-3302, Idaho Code, shall not:

(1) Carry a concealed weapon in a courthouse, juvenile detention facility or jail, public or private school, except as provided in subsection (4)(f) of section 18-3302D, Idaho Code; or

(2) Provide information on the application for a permit to carry a concealed weapon knowing the same to be untrue. Any person violating the provisions of this section shall be guilty of a misdemeanor.

CREDIT(S)

S.L. 1990, ch. 256, § 3;S.L. 1991, ch. 262, § 2;S.L. 2000, ch. 420, § 2.

I.C. § 18-3302D

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 33. Firearms, Explosives and Other Deadly Weapons

§ 18-3302D. Possessing weapons or firearms on school property

(1)(a) It shall be unlawful and is a misdemeanor for any person to possess a firearm or other deadly or dangerous weapon while on the property of a school or in those portions of any building, stadium or other structure on school grounds which, at the time of the violation, were being used for an activity sponsored by or through a school in this state or while riding school provided transportation.

(b) The provisions of this section regarding the possession of a firearm or other deadly or dangerous weapon on school property shall also apply to students of schools while attending or participating in any school sponsored activity, program or event regardless of location.

(2) Definitions. As used in this section:

(a) “Deadly or dangerous weapon” means any weapon as defined in 18 U.S.C. section 930;

(b) “Firearm” means any firearm as defined in 18 U.S.C. section 921;

(d) “Possess” means to bring an object, or to cause it to be brought, onto the property of a public or private elementary or secondary school, or onto a vehicle being used for school provided transportation, or to exercise dominion and control over an object located anywhere on such property or vehicle. For purposes of subsection (1)(b) of this section, “possess” shall also mean to bring an object onto the site of a school sponsored activity, program or event, regardless of location, or to exercise dominion and control over an object located anywhere on such a site;

(e) “School” means a private or public elementary or secondary school.

(3) Right to search students or minors. For purposes of enforcing the provisions of this section, employees of a school district shall have the right to search all students or minors, including their belongings and lockers, that are reasonably believed to be in violation of the provisions of this section, or applicable school rule or district policy, regarding the possessing of a firearm or other deadly or dangerous weapon.

(4) The provisions of this section shall not apply to the following persons:

(a) A peace officer;

(b) A person who lawfully possesses a firearm or deadly or dangerous weapon as an appropriate part of a program, an event, activity or other circumstance approved by the board of trustees or governing board;

(d) Any adult over eighteen (18) years of age and not enrolled in a public or private elementary or secondary school who has lawful possession of a firearm or other deadly or dangerous weapon, secured and locked in his vehicle in an unobtrusive, nonthreatening manner;

(e) A person who lawfully possesses a firearm or other deadly or dangerous weapon in a private vehicle while delivering minor children, students or school employees to and from school or a school activity;

(f) Notwithstanding the provisions of section 18-3302C, Idaho Code, a person or an employee of the school or school district who is authorized to carry a firearm with the permission of the board of trustees of the school district or the governing board.

(5) Penalties. Persons who are found guilty of violating the provisions of this section may be sentenced to a jail term of not more than one (1) year or fined an amount not in excess of one thousand dollars ($1,000) or both. If a violator is a student and under the age of eighteen (18) years, the court may place the violator on probation and suspend the juvenile detention or fine or both as long as the violator is enrolled in a program of study recognized by the court that, upon successful completion, will grant the violator a general equivalency diploma (GED) or a high school diploma or other educational program authorized by the court. Upon successful completion of the terms imposed by the court, the court shall discharge the offender from serving the remainder of the sentence. If the violator does not complete, is suspended from, or otherwise withdraws from the program of study imposed by the court, the court, upon receiving such information, shall order the violator to commence serving the sentence provided for in this section.

CREDIT(S)

S.L. 1993, ch. 153, § 1;S.L. 1995, ch. 248, § 1;S.L. 2000, ch. 420, § 1.

I.C. § 18-3302E

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 33. Firearms, Explosives and Other Deadly Weapons

§ 18-3302E. Possession of a weapon by a minor

(1) It shall be unlawful for any person under the age of eighteen (18) years to possess or have in possession any weapon, as defined in section 18-3302A, Idaho Code, unless he:

(a) Has the written permission of his parent or guardian to possess the weapon; or

(b) Is accompanied by his parent or guardian while he has the weapon in his possession.

(2) Any minor under the age of twelve (12) years in possession of a weapon shall be accompanied by an adult.

(3) Any person who violates the provisions of this section is guilty of a misdemeanor.

CREDIT(S)

S.L. 1994, ch. 369, § 2.

I.C. § 18-3302F

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 33. Firearms, Explosives and Other Deadly Weapons

§ 18-3302F. Prohibition of possession of certain weapons by a minor

(1) It shall be unlawful for any person under the age of eighteen (18) years to possess or have in possession any handgun.

(2) Except as provided by federal law, a minor under the age of eighteen (18) years may not possess the following:

(a) A sawed-off rifle or sawed-off shotgun; or

(b) A full automatic weapon.

(3) Any person who violates the provisions of subsection (2) (a) of this section is guilty of a misdemeanor.

(4) Any person who violates the provisions of subsection (2) (b) of this section is guilty of a felony.

(5) For purposes of this section:

(a) “Full automatic weapon” means any firearm which fires, is designed to fire, or can be readily restored to fire, automatically more than one (1) bullet, or other missile without reloading, by a single function of the trigger.

(b) “Handgun” means a pistol, revolver, or other firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged, the length of the barrel of which, not including any revolving, detachable, or magazine breech, does not exceed twelve (12) inches. Excluded from this definition are handguns firing a metallic projectile, such as a BB or pellet, through the force of air pressure, CO pressure, or spring action or any spot marker gun.

(6) Any person who provides a handgun to a minor when the possession of the handgun by the minor is a violation of the provisions of this section is guilty of a misdemeanor.

CREDIT(S)

S.L. 1994, ch. 369, § 3.

I.C. § 18-3302G

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 33. Firearms, Explosives and Other Deadly Weapons

§ 18-3302G. Exceptions

The provisions of section 18-3302E, Idaho Code, regarding the possession of a weapon by a minor or section 18-3302F, Idaho Code, regarding possession of handguns by minors shall not apply to any of the following:

(1) Patrons firing at lawfully operated target concessions at amusement parks and similar locations provided that the firearms to be used are firmly chained or affixed to the counters;

(2) Any person in attendance at a hunter's safety course or a firearm's safety course;

(3) Any person engaging in practice or any other lawful use of a firearm at an established range or any other area where the discharge of a firearm is not prohibited by state or local law;

(4) Any person engaging in an organized competition involving the use of a firearm, or participating in or practicing for such competition;

(5) Any minor under eighteen (18) years of age who is on real property with the permission of the owner, licensee, or lessee of the property and who has the permission of a parent or legal guardian or the owner, licensee, or lessee to possess a firearm not otherwise in violation of the law;

(6) Any resident or nonresident hunters with a valid hunting license or other persons who are lawfully engaged in hunting; and

(7) Any person traveling to or from any activity described in subsection (2), (3), (4), (5) or (6) of this section with an unloaded firearm in his possession.

CREDIT(S)

S.L. 1994, ch. 369, § 4.

I.C. § 18-3302H

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 33. Firearms, Explosives and Other Deadly Weapons

§ 18-3302H. Carrying of concealed firearms by qualified retired law enforcement officers

(1) A county sheriff shall issue a license to carry a concealed firearm to a qualified retired law enforcement officer provided that the provisions of this section are met.

(2) As used in this section:

(a) “Firearm” means a handgun and does not include:

(i) Any machine gun, as defined in 26 U.S.C. section 5845(b);

(ii) Any firearm silencer, as defined in 18 U.S.C. section 921; or

(iii) Any destructive device, as defined in 18 U.S.C. section 921.

(b) “Qualified retired law enforcement officer” means an individual who:

(i) Retired in good standing from service with a public agency as a law enforcement officer, provided that such retirement was for reasons other than mental instability;

(ii) Before such retirement, was authorized by law to engage in or supervise the prevention, detection, investigation or prosecution of, or the incarceration of any person for, any violation of law, and had statutory powers of arrest;

(iii) Before such retirement, was regularly employed as a law enforcement officer for an aggregate of fifteen (15) years or more, or retired from service with such agency after completing any applicable probationary period of such service, due to a service-connected disability, as determined by such agency;

(iv) Has a nonforfeitable right to benefits under the retirement plan of the agency;

(v) During the most recent twelve (12) month period has met, at his own expense, the standards for training and qualification of this state, as required at the discretion of the sheriff under paragraph (d) of this subsection or the agency from which he retired for active law enforcement officers, to carry a concealed firearm;

(vi) Is not chronically under the influence of alcohol, or under the influence of another intoxicating or hallucinatory drug or substance in violation of any provision of federal or state law;

(vii) Is not prohibited by federal law from receiving a firearm;

(viii) Has a current and valid photographic identification issued by the agency from which the individual retired from service as a law enforcement officer;

(ix) Provides by his affidavit, in triplicate, sworn and signed by him under penalty of perjury, that he meets all of the conditions set forth in this subsection (2);

(x) Pays the fees charged by the sheriff pursuant to this section; and

(xi) Completes the original application or renewal application as provided by this section.

(c) “Retired in good standing” means that at the time of his retirement, he was not under investigation, or subject to discipline, for any violation of this state's law enforcement code of conduct.

(d) “Standards for training and qualification in this state” means that when issuing a license pursuant to this section, the sheriff may require the applicant to demonstrate familiarity with a firearm by any of the following methods, provided the sheriff may require an applicant to complete more than one (1) firearms safety or training course:

(i) Completion of any hunter education or hunter safety course approved by the department of fish and game or a similar agency of another state;

(ii) Completion of any national rifle association firearms safety or training course, or any national rifle association hunter education course;

(iii) Completion of any firearms safety or training course or class available to the general public offered by a law enforcement agency, community college, college, university, or private or public institution or organization or firearms training school, utilizing instructors certified by the national rifle association or the Idaho state police;

(iv) Completion of any law enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any division or subdivision of a law enforcement agency or security enforcement agency;

(v) Presentation of evidence of equivalent experience with a firearm through participation in organized shooting competitions or military service;

(vi) Completion of any firearms training or training or safety course or class conducted by a state certified or national rifle association certified firearms instructor; or

(vii) Any other firearms safety training that the sheriff may deem appropriate.

(3) The original and renewal license applications under this section shall be in triplicate, in a form to be prescribed by the director of the Idaho state police, and shall ask the name, address, description and signature of the licensee, date of birth, social security number, military status, identification of the law enforcement agency from which the applicant retired, and the driver's license number or state identification card number of the licensee if used for identification in applying for the license. The application shall indicate that provision of the social security number is optional. In implementing the provisions of this section, the sheriff shall make applications readily available at the office of the sheriff or at other public offices in his jurisdiction.

(4) The fee for original issuance of a license under this section shall be twenty dollars ($20.00), paid to the sheriff. The sheriff may also collect any additional fees necessary to cover the cost of processing and the cost of materials for the license, which shall also be paid to the sheriff.

(5) An original or renewed license issued pursuant to this section shall be in a form substantially similar to that of the Idaho driver's license and shall be valid for a period of one (1) year. The license shall bear the signature, name, address, date of birth, picture of the licensee, expiration date, and the driver's license number or state identification card number of the licensee if used for identification in applying for the license, and shall state that the licensee is a qualified retired law enforcement officer. Upon issuing a license under the provisions of this section, the sheriff shall notify the Idaho state police on a form or in a manner prescribed by the director of the Idaho state police.

(6) A qualified retired law enforcement licensee under this section may renew his license if he applies for renewal at any time before or within ninety (90) days after the expiration date of the license. The sheriff shall require the licensee applying for renewal to complete a renewal application pursuant to subsection (3) of this section and an affidavit pursuant to subsection (2) of this section. A renewed license shall take effect upon the expiration date of the prior license.

(7) The fee for renewal of the license, which must be paid on a yearly basis, shall be twelve dollars ($12.00), paid to the sheriff. The sheriff may also collect any additional fees necessary to cover the processing costs and the cost of materials for the license, which shall also be paid to the sheriff. A licensee renewing after the expiration date of the license shall pay a late renewal penalty of ten dollars ($10.00) in addition to the renewal fee. The renewal penalty fee, if any, shall be paid to the sheriff.

(8) A current and valid photographic identification issued by the agency from which the individual retired from service as a law enforcement officer, together with a license issued by the sheriff pursuant to this section, shall serve as a license to carry a firearm for a qualified retired law enforcement officer under 18 U.S.C. section 926C.

(9) The sheriff of the county where the license was issued or the sheriff of the county where the person resides shall have the power to revoke a license issued under this section pursuant to the provisions of section 18-3302(15), Idaho Code.

(10) A county sheriff, deputy sheriff, or county employee who issues a license to carry a concealed weapon pursuant to this section shall not incur any civil or criminal liability as the result of the performance of his duties under this section.

(11) A city, county or other political subdivision of this state shall not modify the requirements of this section, nor shall a political subdivision ask the applicant to voluntarily submit any information not required by this section.

(12) A civil action may be brought to enjoin a wrongful refusal to issue a license or a wrongful modification of the requirements of this section. The civil action shall be brought in the county in which the application was made.

(13) In lieu of or in addition to qualification to carry a concealed firearm under this section, a retired law enforcement officer may apply for a license to carry concealed weapons under section 18-3302, Idaho Code.

(14) Information relating to an applicant or licensee received or maintained pursuant to this section by the sheriff or Idaho state police is confidential and exempt from disclosure under section 9-338, Idaho Code.

CREDIT(S)

S.L. 2005, ch. 128, § 1;S.L. 2009, ch. 202, § 1, eff. July 1, 2009.

I.C. § 18-3302I

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 33. Firearms, Explosives and Other Deadly Weapons

§ 18-3302I. Threatening violence on school grounds

(1) (a) Any person, including a student, who willfully threatens on school grounds by word or act to use a firearm or other deadly or dangerous weapon to do violence to any other person on school grounds is guilty of a misdemeanor.

(b) The threats prohibited by this section encompass only those statements or acts where the speaker or actor intends to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals. The prosecution is not required to prove that the defendant actually intended to carry out the threat.

(2) Definitions. As used in this section:

(a) “Deadly or dangerous weapon” means a weapon, device, instrument, material or substance that is used for, or is readily capable of, causing death or serious bodily injury;

(b) “Firearm” means any weapon, whether loaded or unloaded, from which a shot, projectile or other object may be discharged by force of combustion, explosive, gas and/or mechanical means, regardless of whether such weapon is operable;

CREDIT(S)

Added by S.L. 2006, ch. 303, § 1, eff. July 1, 2006.

I.C. § 18-3302J

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 33. Firearms, Explosives and Other Deadly Weapons

§ 18-3302J. Preemption of firearms regulation

(1) The legislature finds that uniform laws regulating firearms are necessary to protect the individual citizen's right to bear arms guaranteed by amendment 2 of the United States Constitution and section 11, article I of the constitution of the state of Idaho. It is the legislature's intent to wholly occupy the field of firearms regulation within this state.

(2) Except as expressly authorized by state statute, no county, city, agency, board or any other political subdivision of this state may adopt or enforce any law, rule, regulation, or ordinance which regulates in any manner the sale, acquisition, transfer, ownership, possession, transportation, carrying or storage of firearms or any element relating to firearms and components thereof, including ammunition.

(3) A county may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within its boundaries. Ordinances adopted under this subsection may not apply to or affect:

(a) A person discharging a firearm in the lawful defense of person or persons or property;

(b) A person discharging a firearm in the course of lawful hunting;

(c) A landowner and guests of the landowner discharging a firearm, when the discharge will not endanger persons or property;

(d) A person lawfully discharging a firearm on a sport shooting range as defined in section 55-2604, Idaho Code; or

(e) A person discharging a firearm in the course of target shooting on public land if the discharge will not endanger persons or property.

(4) A city may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within its boundaries. Ordinances adopted under this subsection may not apply to or affect:

(a) A person discharging a firearm in the lawful defense of person or persons or property; or

(b) A person lawfully discharging a firearm on a sport shooting range as defined in section 55-2604, Idaho Code.

(5) This section shall not be construed to affect:

(a) The authority of the department of fish and game to make rules or regulations concerning the management of any wildlife of this state, as set forth in section 36-104, Idaho Code;

(b) The authority of counties and cities to regulate the location and construction of sport shooting ranges, subject to the limitations contained in chapter 26, title 55, Idaho Code; and

(c) The authority of the board of regents of the university of Idaho, the boards of trustees of the state colleges and universities, the board of professional-technical education and the boards of trustees of each of the community colleges established under chapter 21, title 33, Idaho Code, to regulate in matters relating to firearms.

(6) The provisions of this section are hereby declared to be severable. And if any provision is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this section.

CREDIT(S)

Added by S.L. 2008, ch. 304, § 2, eff. March 28, 2008.

I.C. § 18-3303

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 33. Firearms, Explosives and Other Deadly Weapons

§ 18-3303. Exhibition or use of deadly weapon

Every person who, not in necessary self-defense, in the presence of two (2) or more persons, draws or exhibits any deadly weapon in a rude, angry and threatening manner, or who, in any manner, unlawfully uses the same, in any fight or quarrel, is guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-3304

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 33. Firearms, Explosives and Other Deadly Weapons

§ 18-3304. Aiming firearms at others

Any person who shall intentionally, without malice, point or aim any firearm at or toward any other person shall be guilty of a misdemeanor and shall be subject to a fine of not more than one thousand dollars ($ 1,000) and not less than five dollars ($5.00).

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 2006, ch. 71, § 9, eff. July 1, 2006.

I.C. § 18-3305

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 33. Firearms, Explosives and Other Deadly Weapons

§ 18-3305. Discharge of arms aimed at another

Any person who shall discharge, without injury to any person, any firearm, while intentionally, without malice, aimed at or toward any person, shall be guilty of a misdemeanor, and shall be liable to a fine of not more than one thousand dollars ($1,000), or imprisonment in the county jail not to exceed six (6) months, or both, at the discretion of the court.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 2006, ch. 71, § 10, eff. July 1, 2006; S.L. 2007, ch. 7, § 1, eff. July 1, 2007.

I.C. § 18-3306

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 33. Firearms, Explosives and Other Deadly Weapons

§ 18-3306. Injuring another by discharge of aimed firearms

Any person who shall maim or injure any other person by the discharge of any firearm pointed or aimed, intentionally but without malice, at any such person, shall be guilty of a misdemeanor, and shall be punished by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000), or imprisonment in the county jail for a period of not more than one (1) year; and if death ensue from such wounding or maiming, such person so offending shall be deemed guilty of the crime of manslaughter.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 2006, ch. 71, § 11, eff. July 1, 2006.

I.C. § 18-3307

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 33. Firearms, Explosives and Other Deadly Weapons

§ 18-3307. Civil liability for injury by firearm

Any party maimed or wounded by the discharge of any firearm aforesaid, or the heirs or representatives of any person who may be killed by such discharge, may have an action against the party offending, for damages, which shall be found by a jury, and such damages, when found, may in the discretion of the court before which such action is brought, be doubled.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-3308

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 33. Firearms, Explosives and Other Deadly Weapons

§ 18-3308. Selling explosives, ammunition or firearms to minors

No person, firm, association or corporation shall sell or give to any minor under the age of sixteen (16) years any powder, commonly called gunpowder, of any description, or any dynamite or other explosive, or any shells or fixed ammunition of any kind, except shells loaded for use in shotguns and for use in rifles of twenty-two (22) caliber or smaller, or any firearms of any description, without the written consent of the parents or guardian of such minor first had and obtained. Any person, firm, association or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1994, ch. 131, § 14.

I.C. § 18-3309

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 33. Firearms, Explosives and Other Deadly Weapons

§ 18-3309. Repealed

I.C. § 18-3310

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 33. Firearms, Explosives and Other Deadly Weapons

§ 18-3310. Shipping loaded firearms

Every person who ships, or causes to be shipped, or delivers or causes to be delivered, to any railroad, express or stage company, or to any other common carrier, for shipment as baggage or otherwise, any loaded pistol, revolver, rifle, shotgun or other firearm, is guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-3311

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 33. Firearms, Explosives and Other Deadly Weapons

§ 18-3311. Keeping gunpowder or other explosives in towns

Every person who makes or keeps gunpowder, nitroglycerin, or other highly explosive substance, within any city or town, or who carries the same through the streets thereof, in any quantity or manner prohibited by law, or by any ordinance of such city or town, is guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-3312

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 33. Firearms, Explosives and Other Deadly Weapons

§ 18-3312. Injuring another by careless handling and discharge of firearms

Any person who handles, uses or operates any firearm in a careless, reckless or negligent manner, or without due caution and circumspection, whereby the same is fired or discharged and maims, wounds or injures any other person or persons, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one thousand dollars ($1,000), or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 2005, ch. 359, § 6.

I.C. § 18-3313

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 33. Firearms, Explosives and Other Deadly Weapons

§ 18-3313. False reports of explosives in public or private places a felony--Penalty

Any person who reports to any police officer, sheriff, employee of a police department or sheriff's office, employee of a 911 emergency communications system or emergency vehicle dispatch center, employee of a fire department or fire service, prosecuting attorney, newspaper, radio station, television station, deputy sheriff, deputy prosecuting attorney, member of the state police, employee of an airline, employee of an airport, employee of a railroad or bus line, an employee of a telephone company, occupants of a building, employee of a school district, or a news reporter in the employ of a newspaper or radio or television station, that a bomb or other explosive has been placed or secreted in a public or private place knowing that such report is false, is guilty of a felony, and upon conviction thereof, shall be sentenced to a term of not to exceed five (5) years in the state penitentiary.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 2006, ch. 46, § 1, eff. July 1, 2006.

Codifications: I.C. § 18-3313.

I.C. § 18-3314

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 33. Firearms, Explosives and Other Deadly Weapons

§ 18-3314. Resident's purchase of firearm out-of-state

Residents of the state of Idaho may purchase rifles and shotguns in a state other than Idaho, provided that such residents conform to the applicable provisions of the federal gun control act of 1968, and regulations thereunder, and provided further, that such residents conform to the provisions of law applicable to such a purchase in Idaho and in the state in which the purchase is made.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 2009, ch. 110, § 1, eff. July 1, 2009.

Codifications: I.C. § 18-3314.

I.C. § 18-3315

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 33. Firearms, Explosives and Other Deadly Weapons

§ 18-3315. Nonresident--Purchase of firearm in Idaho

Residents of a state other than the state of Idaho may purchase rifles and shotguns in Idaho, provided that such residents conform to the applicable provisions of the federal gun control act of 1968, and regulations thereunder, and provided further, that such residents conform to the provisions of law applicable to such purchase in Idaho and in the state in which such persons reside.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 2009, ch. 110, § 2, eff. July 1, 2009.

Codifications: I.C. § 18-3315.

I.C. § 18-3315A

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 33. Firearms, Explosives and Other Deadly Weapons

§ 18-3315A. Prohibition of federal regulation of certain firearms

(1) As used in this section:

(a) “Borders of Idaho” means the boundaries of Idaho described in chapter 1, title 31, Idaho Code.

(b) “Firearms accessories” means items that are used in conjunction with or mounted upon a firearm but are not essential to the basic function of a firearm including, but not limited to, telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition, ammunition carriers and lights for target illumination.

(d) “Manufactured” means that a firearm, a firearm accessory, or ammunition has been created from basic materials for functional usefulness including, but not limited to, forging, casting, machining or other processes for working materials.

(2) A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Idaho and that remains within the borders of Idaho is not subject to federal law or federal regulation, including registration, under the authority of congress to regulate interstate commerce. It is declared by the legislature that those items have not traveled in interstate commerce. This section applies to a firearm, a firearm accessory or ammunition that is manufactured in Idaho from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state.

(3) It is declared by the legislature that generic and insignificant parts that have other manufacturing or consumer product applications are not firearms, firearms accessories or ammunition, and their importation into Idaho and incorporation into a firearm, a firearm accessory or ammunition manufactured in Idaho does not subject the firearm, firearm accessory or ammunition to federal regulation. It is declared by the legislature that basic materials, such as unmachined steel and unshaped wood, are not firearms, firearms accessories or ammunition and are not subject to congressional authority to regulate firearms, firearms accessories and ammunition under interstate commerce as if they were actually firearms, firearms accessories or ammunition. The authority of congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearms accessories and ammunition made in Idaho from those materials. Firearms accessories that are imported into Idaho from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in Idaho.

(4) Subsections (2) and (3) of this section do not apply to:

(a) A firearm that cannot be carried and used by one (1) person;

(b) A firearm that has a bore diameter greater than one and one-half (1 1/2 ) inches and that uses smokeless powder, not black powder, as a propellant;

(c) Ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm; or

(d) A firearm that discharges two (2) or more rounds of ammunition with one (1) activation of the trigger or other firing device.

(5) A firearm manufactured or sold in Idaho under this section shall have the words “Made in Idaho” clearly stamped on a central metallic part, such as the receiver or frame.

(6) This section applies to firearms, firearms accessories and ammunition that are manufactured as defined in subsection (1) and retained in Idaho after October 1, 2010.

CREDIT(S)

Added by S.L. 2010, ch. 244, § 3, eff. July 1, 2010.

I.C. § 18-3316

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 33. Firearms, Explosives and Other Deadly Weapons

§ 18-3316. Unlawful possession of a firearm

(1) A person who previously has been convicted of a felony who purchases, owns, possesses, or has under his custody or control any firearm shall be guilty of a felony and shall be imprisoned in the state prison for a period of time not to exceed five (5) years and by a fine not to exceed five thousand dollars ($5,000).

(2) For the purpose of subsection (1) of this section, “convicted of a felony” shall include a person who has entered a plea of guilty, nolo contendere or has been found guilty of any of the crimes enumerated in section 18-310, Idaho Code, or to a comparable felony crime in another state, territory, commonwealth, or other jurisdiction of the United States.

(3) For the purpose of subsection (1) of this section, “firearm” shall include any weapon from which a shot, projectile or other object may be discharged by force of combustion, explosive, gas and/or mechanical means, whether operable or inoperable.

(4) Subsection (1) of this section shall not apply to a person whose conviction has been nullified by expungement, pardon, setting aside the conviction or other comparable procedure by the jurisdiction where the felony conviction occurred; or whose civil right to bear arms either specifically or in combination with other civil rights has been restored by any other provision of Idaho law.

CREDIT(S)

S.L. 1992, ch. 224, § 1;S.L. 2002, ch. 187, § 1.

I.C. § 18-3317

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 33. Firearms, Explosives and Other Deadly Weapons

§ 18-3317. Unlawful discharge of a firearm at a dwelling house, occupied building, vehicle or mobile home

It shall be unlawful for any person to intentionally and unlawfully discharge a firearm at an inhabited dwelling house, occupied building, occupied motor vehicle, inhabited mobile home, inhabited travel trailer, or inhabited camper. Any person violating the provisions of this section shall be guilty of a felony, punishable by imprisonment in the state prison for a term not to exceed fifteen (15) years.

As used in this section, “inhabited” means currently being used for dwelling purposes, whether occupied or not.

CREDIT(S)

S.L. 1993, ch. 254, § 1;S.L. 2007, ch. 42, § 1, eff. July 1, 2007.

I.C. § 18-3318

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 33. Firearms, Explosives and Other Deadly Weapons

§ 18-3318. Definitions

Definitions as used in sections 18-3319, 18-3319A, 18-3320, 18-3320A and 18-3321, Idaho Code:

(1) “Bomb” means any chemical or mixture of chemicals contained in such a manner that it can be made to explode with fire or force, and combined with the method or mechanism intended to cause its explosion. The term includes components of a bomb only when the individual charged has taken steps to place the components in proximity to each other, or has partially assembled components from which a completed bomb can be readily assembled. “Bomb” does not include: rifle, pistol or shotgun ammunition and their components; fireworks; boating, railroad and other safety flares or propellants used in model rockets or similar hobby activities.

(2) “Destructive device” means:

(a) Any explosive, incendiary or poisonous gas:

(i) Bomb;

(ii) Grenade;

(iii) Rocket having a propellant charge of more than four (4) ounces;

(iv) Missile having an explosive or incendiary charge of more than one-fourth ( 1/4 ) ounce;

(v) Mine;

(vi) Similar device.

(b) Any type of weapon, by whatever name known, which will, or which may be imminently converted to, expel a projectile by the action of an explosive or other propellant, the barrel or barrels of which have a bore of more than .700 inches in diameter, except rifled and unrifled shotguns or shotgun shells.

(c) Components of a destructive device only when the individual charged has taken steps to place the components in proximity to each other, or has partially assembled components from which a completed destructive device can be readily assembled.

(d) The term “destructive device” shall not include:

(i) Any device which is neither designed nor redesigned for use as a weapon;

(ii) Any device which, although originally designed for use as a weapon, has been redesigned for use as a signaling, pyrotechnic, line throwing, safety or similar device;

(iii) Otherwise lawfully owned surplus military ordnance;

(iv) Antiques or reproductions thereof and rifles held for sporting, recreational, investment or display purposes;

(v) Rifle, pistol or shotgun ammunition and their components.

(3) “Hoax destructive device” means any object that:

(a) Under the circumstances, reasonably appears to be a destructive device as defined in subsection (2) of this section, but is an inoperative imitation of a destructive device; or

(b) Is proclaimed to contain a destructive device as defined in subsection (2) of this section, but does not in fact contain a destructive device.

(4) “Shrapnel” means any metal, ceramic, glass, hard plastic or other material of sufficient hardness to puncture human skin when propelled by force of the bomb or destructive device to which it is attached or in which it is contained.

CREDIT(S)

S.L. 1997, ch. 272, § 1;S.L. 2001, ch. 256, § 1. Amended by S.L. 2010, ch. 261, § 1, eff. July 1, 2010.

I.C. § 18-3319

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 33. Firearms, Explosives and Other Deadly Weapons

§ 18-3319. Unlawful possession of bombs or destructive devices

(1) Any person who knowingly, intentionally, or recklessly possesses or controls a bomb or destructive device for a purpose unlawful pursuant to title 18, Idaho Code, is guilty of a felony, punishable by up to a five thousand dollar ($5,000) fine and five (5) years in prison.

(2) Any person who knowingly possesses an assembled bomb or assembled destructive device and who:

(a) Has been convicted of a felony; or

(b) Has been found guilty of any crime where such conviction results in the person being prohibited from possessing or owning firearms; or

(c) Is in possession or control of any substance or paraphernalia in violation of section 37-2732B, 37-2734A or 37-2734B, Idaho Code, or the felony provisions of section 37-2732, Idaho Code;

is guilty of a felony, punishable by up to a five thousand dollar ($5,000) fine and five (5) years in prison.

(3) Any person who possesses a bomb or destructive device which by its design will propel shrapnel is guilty of a felony, punishable by up to a five thousand dollar ($5,000) fine and five (5) years in prison.

CREDIT(S)

S.L. 1997, ch. 272, § 1;S.L. 2001, ch. 256, § 2.

I.C. § 18-3319A

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 33. Firearms, Explosives and Other Deadly Weapons

§ 18-3319A. Unlawful acts--Hoax destructive device

(1) A person is guilty of a felony if such person intentionally causes a reasonable person to be in fear of serious bodily injury or death by:

(a) Possessing, manufacturing, selling, giving, mailing, sending or causing to be sent to another person a hoax destructive device; or

(b) Placing or causing to be placed a hoax destructive device at any location; or

(c) Conspiring to use, using or causing to be used a hoax destructive device in the commission of or an attempt to commit a felony.

(2) A violation of the provisions of paragraph (a) or (b) of subsection (1) of this section is punishable by imprisonment in the state prison not to exceed five (5) years.

(3) A violation of the provisions of paragraph (c) of subsection (1) of this section is punishable by imprisonment in the state prison not to exceed fifteen (15) years and by a fine not exceeding fifteen thousand dollars ($15,000).

CREDIT(S)

Added by S.L. 2010, ch. 261, § 2, eff. July 1, 2010.

I.C. § 18-3320

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 33. Firearms, Explosives and Other Deadly Weapons

§ 18-3320. Unlawful use of destructive device or bomb

Any person who knowingly, intentionally, or recklessly:

(1) Conspires to use, uses or causes to be used a destructive device or bomb in the commission of or an attempt to commit a felony; or

(2) With the intent to injure the person or property of another, transports a bomb or destructive device; or

(3) Injures another or conspires or attempts to injure another in his person or property through the use of a destructive device or bomb is guilty of a felony, punishable by up to a twenty-five thousand dollar ($25,000) fine and life in prison.

CREDIT(S)

S.L. 1997, ch. 272, § 1.

I.C. § 18-3320A

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 33. Firearms, Explosives and Other Deadly Weapons

§ 18-3320A. Disposal of destructive devices or bombs

Any destructive device or bomb that has been lawfully seized by a law enforcement agency may be destroyed in a reasonable manner. An official record listing the destructive device or bomb destroyed and the location of destruction shall be kept on file at the office of the seizing agency. In the event of such destruction, a photograph, videotape, or similar record of the device or bomb shall be preserved for evidentiary purposes. The destruction of a destructive device or bomb before a preliminary hearing, trial, or both shall not be a bar to prosecution for any violation of law.

CREDIT(S)

S.L. 1999, ch. 299, § 1.

I.C. § 18-3321

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 33. Firearms, Explosives and Other Deadly Weapons

§ 18-3321. Persons exempt

Unless the intent to injure the person or property of another has been established, the provisions in section 18-3319, Idaho Code, shall not apply to:

(1) Any public safety officer or member of the armed forces of the United States or national guard while acting in his official capacity;

(2) Any person possessing a valid permit issued under the provisions of the international fire code, sections 41-253 and 41-254, Idaho Code, or any employee of such permittee acting within the scope of his employment;

(3) Any person possessing a valid license as an importer, wholesaler, or display operator under the provisions of the Idaho fireworks act, sections 39-2602, 39-2606, 39-2607, 39-2608, 39-2609, 39-2610, 39-2611 and 39-2612, Idaho Code;

(4) A device which falls within the definition of a bomb or destructive device when used on property owned or otherwise in the control of the person using the device;

(5) Those licensed or permitted by the federal government to use or possess a bomb or destructive device.

(6) Those persons who possess a destructive device properly registered and taxed under the provisions of the national firearms act, as amended, as to possession of destructive devices properly registered to such persons.

CREDIT(S)

S.L. 1997, ch. 272, § 1;S.L. 2002, ch. 86, § 1.

I.C. § 18-3322

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 33. Firearms, Explosives and Other Deadly Weapons

§ 18-3322. Use of weapons of mass destruction--Definition

(1) Any person who willfully and without lawful authority uses, threatens, attempts or conspires to use a weapon of mass destruction, as defined in this section and including a biological agent, toxin or vector, against any person or property shall be guilty of a felony and shall be punished by a term of up to and including life imprisonment or by a fine not exceeding fifty thousand dollars ($50,000), or by both.

(2) As used in this section, the term “weapon of mass destruction” means:

(a) Any bomb or destructive device, as those terms are defined in section 18-3318, Idaho Code;

(b) Any weapon that is designed or intended to cause death or serious bodily injury through the release, dissemination or impact of toxic or poisonous chemicals or the precursors of such chemicals;

(d) Any weapon that is designed to release radiation or radioactivity at a level dangerous to human life.

CREDIT(S)

S.L. 2002, ch. 222, § 1.

I.C. § 18-3323

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 33. Firearms, Explosives and Other Deadly Weapons

§ 18-3323. Biological weapons--Definitions

(1) Any person who knowingly develops, produces, stockpiles, transfers, acquires, retains or possesses any biological agent, toxin or delivery system for use as a weapon, or who knowingly assists another person or group of persons in doing so, or attempts, threatens or conspires to do so, shall be guilty of a felony and shall be punished by imprisonment for a term of up to and including life imprisonment or by a fine not exceeding fifty thousand dollars ($50,000), or by both.

(2) As used in this section, the term “for use as a weapon” does not include the development, production, stockpiling, transfer, acquisition, retention or possession of a biological agent, toxin or delivery system for prophylactic, protective or other peaceful purposes if such biological agent, toxin or delivery system is of a type and in a quantity that is reasonable for such purposes.

(3) The attorney general of the state of Idaho may obtain in a civil action an injunction against:

(a) The conduct prohibited under this section;

(b) The preparation, solicitation, attempt, threat or conspiracy to engage in conduct prohibited under this section; or

(c) The development, production, stockpiling, acquisition, retention or possession of any biological agent, toxin or delivery system of a type or in a quantity that under the circumstances has no apparent justification for prophylactic, protective or other peaceful purposes.

(4) As used in this section:

(a) “Biological agent” means any microorganism, virus, infectious substance or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus, infectious substance or biological product that is capable of causing:

(i) Death, disease or other biological malfunction in any animal, including humans, or any plant or other living organism;

(ii) Deterioration of food, water, equipment, supplies or material of any kind; or

(iii) Deleterious alteration of the environment;

(b) “Toxin” means the toxic material of animals, plants, microorganisms, viruses, fungi, infectious substances or a recombinant molecule, whatever its origin or method of production including:

(i) Any poisonous substance or biological product that may be engineered as a result of biotechnology produced from a living organism; or

(ii) Any poisonous isomer or biological product, homologue, or derivative of such substance;

(c) “Delivery system” means any apparatus, equipment, device, or means of delivery specifically designed to deliver or disseminate a biological agent, toxin or vector;

(d) “Vector” means a living organism or molecule, including a recombinant molecule, or a biological product that may be engineered as a result of biotechnology capable of carrying a biological agent to a host.

CREDIT(S)

S.L. 2002, ch. 222, § 2.

I.C. § 18-3324

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 33. Firearms, Explosives and Other Deadly Weapons

§ 18-3324. Use of chemical weapons--Definitions

(1) Except as provided in subsection (2) of this section, it shall be unlawful for any person to knowingly:

(a) Develop, produce or otherwise acquire, transfer directly or indirectly, receive, stockpile, retain, own, possess, use or threaten to use any chemical weapon; or

(b) Assist or induce in any way a person to violate, or attempt or conspire to violate, subsection (1)(a) of this section.

(2) Subsection (1) of this section shall not apply to:

(a) The retention, ownership, possession, transfer or receipt of a chemical weapon by a department, agency or other entity of the state of Idaho or the United States; or

(b) Any person, including a member of the armed forces of the United States, who is authorized by law or by an appropriate officer of the state of Idaho or the United States to retain, possess, transfer or receive a chemical weapon; or

(c) To an otherwise nonculpable person in an emergency situation if such person is attempting to seize or destroy the weapon.

(3) (a) Any person who violates this section is guilty of a felony and shall be punished by imprisonment for a term of up to and including life imprisonment or by a fine not exceeding fifty thousand dollars ($50,000), or by both.

(b) The attorney general of the state of Idaho may bring a civil action in a state district court against any person who violates this section and, upon proof of such violation by a preponderance of the evidence, such person shall be required to pay a civil penalty in an amount not to exceed one hundred thousand dollars ($100,000) for each violation. The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law or administrative remedy which is otherwise available by law to the state of Idaho or any other person.

(c) The court shall order any person convicted of an offense under this section to reimburse the state of Idaho for any expenses incurred by the state incident to the seizure, storage, handling, transportation, destruction or other disposition of any property or material seized in connection with an investigation of the commission of an offense by that person.

(d) The state of Idaho may obtain in a civil action an injunction against any conduct prohibited in subsection (1) of this section or the preparation or solicitation to engage in such conduct.

(4) Nothing in this section shall be construed to prohibit the possession or use of any individual self-defense device, including devices which contain pepper spray or chemical mace.

(5) As used in this section:

(a) “Chemical weapon” means the following, together or separately:

(i) A toxic chemical and its precursors, except where intended for a purpose not prohibited by this section provided the type and quantity of such chemical or precursors are consistent with such a purpose;

(ii) A munition or device that is specifically designed to cause death or other harm through toxic properties of those toxic chemicals specified in paragraph (5)(a)(i) of this section and that would be released as a result of the employment of such munition or device;

(iii) Any equipment specifically designed for use directly in connection with the employment of munitions or devices specified in paragraph (5)(a)(ii) of this section.

(b) Except as otherwise provided, “person” means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, the state of Idaho or any political subdivision thereof, or any political entity within the state, any foreign government or nation or any agency, instrumentality or political subdivision of such government or nation located in the state of Idaho.

(c) “Precursor” means any chemical reactant that takes part at any stage in the production, by whatever method, of a toxic chemical. The term includes any key component of a binary or multicomponent chemical system.

(d) “Purposes not prohibited by this section” means:

(i) Any peaceful purpose related to an industrial, agricultural, research, medical or pharmaceutical activity or other activity;

(ii) Any purpose directly related to protection against toxic chemicals or chemical weapons;

(iii) Any military purpose of the United States that is not connected with the use of a chemical weapon or that is not dependent on the use of the toxic or poisonous properties of the chemical weapon to cause death or other harm; or

(iv) Any law enforcement purpose, including any domestic riot control purpose and the imposition of capital punishment.

(e) “Toxic chemical” means any chemical that, through its chemical action on life processes, can cause death, temporary incapacitation or permanent harm to animals, including humans. The term includes all such chemicals, regardless of their form or method of production, and regardless of whether they are produced in facilities, munitions or elsewhere.

CREDIT(S)

S.L. 2002, ch. 222, § 3.

I.C. § 18-3325

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 33. Firearms, Explosives and Other Deadly Weapons

§ 18-3325. Prohibition--Possession--Use of conducted energy device--Penalties

(1) It shall be a misdemeanor to possess a conducted energy device by:

(a) Any person found guilty of a felony who is not finally discharged from a sentence of imprisonment, probation or parole; or

(b) Any person who, having been found guilty of a felony, has not had his or her civil right to ship, transport, possess or receive a firearm restored.

(2) Use of a conducted energy device during the commission of a felony offense shall constitute a separate felony offense.

(3) Use of a conducted energy device during the commission of any of the following misdemeanor crimes of violence: sections 18-901, 18-903, 18-917 or 18-918, Idaho Code, shall result in double the penalties provided for in Idaho Code regarding those crimes.

(4) A sentence imposed for a violation of the provisions of this section shall be imposed separate from and consecutive to the sentence for any offense based on the act establishing the offense under this section.

(5) For purposes of this section, “conducted energy device” means any item that emits an electrical current, impulse, wave or beam, which current, impulse, wave or beam is designed to incapacitate, injure or kill.

CREDIT(S)

Added by S.L. 2008, ch. 333, § 1, eff. July 1, 2008.

I.C. § 18-3401

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 34. Flags and Emblems

§ 18-3401. Public mutilation of flag

Any person who publicly mutilates, defaces, or tramples upon or burns, with intent to insult, the flag, standard, colors or ensign of the United States or of the state of Idaho shall be guilty of a misdemeanor.

CREDIT(S)

S.L. 1981, ch. 323, § 2.

I.C. § 18-3402

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 34. Flags and Emblems

§§ 18-3402, 18-3403. Repealed

I.C. § 18-3403

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 34. Flags and Emblems

§§ 18-3402, 18-3403. Repealed

I.C. § 18-3501

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 35. Forcible Entry and Detainer

§ 18-3501. Repealed

I.C. § 18-3502

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 35. Forcible Entry and Detainer

§ 18-3502. Unlawful re-entry of land after ouster

Every person who has been removed from any lands by process of law, or who has removed from any lands pursuant to the lawful adjudication or direction of any court, tribunal or officer, and who afterward unlawfully returns to settle, reside upon or take possession of such lands, is guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-3601

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 36. Forgery and Counterfeiting

§ 18-3601. Forgery defined

Every person who, with intent to defraud another, falsely makes, alters, forges or counterfeits, any charter, letters, patent, deed lease, indenture, writing obligatory, will, testament, codicil, annuity, bond, covenant, bank bill or note, federal reserve note, United States currency or United States money, post note, check, draft, bill of exchange, contract, promissory note, due bill for the payment of money or property, receipt for money or property, passage ticket, power of attorney, or any certificate of any share, right, or interest in the stock of any corporation or association, or any state controller's warrant for the payment of money at the treasury, county order or warrant, or request for the payment of money, or the delivery of goods or chattels of any kind, or for the delivery of any instrument of writing or acquittance, release, or receipt for money or goods, or any acquittance, release, or discharge for any debt, account, suit action demand, or other thing, real or personal, or any transfer or assurance of money, certificates of shares of stock, goods, chattels, or other property whatever, or any letter of attorney, or other power to receive money, or to receive or transfer certificates of shares of stock or annuities, or to let, lease, dispose of, alien, or convey any goods, chattels, lands or tenements, or other estate, real or personal, or any acceptance or endorsement of any bill of exchange, promissory note, draft, order, or assignment of any bond, writing obligatory, or promissory note for money or other property, or counterfeits or forges the seal or handwriting of another; or utters, publishes, passes, or attempts to pass, as true and genuine any of the above named false, altered, forged or counterfeited matters, as above specified and described, knowing the same to be false, altered, forged, or counterfeited, with intent to prejudice, damage, or defraud any person; or who, with intent to defraud, alters, corrupts or falsifies any record of any will, codicil, conveyance, or other instrument, the record of which is by law evidence, or any record of any judgment of a court, or the return of any officer to any process of any court, is guilty of forgery.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1994, ch. 180, § 10;S.L. 2004, ch. 49, § 1.

I.C. § 18-3602

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 36. Forgery and Counterfeiting

§ 18-3602. False entries in books of record

Every person who, with intent to defraud another, makes, forges, or alters any entry in any book of records, or any instrument purporting to be any record or return specified in the preceding section, is guilty of forgery.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-3603

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 36. Forgery and Counterfeiting

§ 18-3603. Public seals--Forging or counterfeiting

Every person who, with intent to defraud another, forges, or counterfeits the seal of this state, the seal of any public officer authorized by law, the seal of any court of record, or the seal of any corporation, or any other public seal authorized or recognized by the laws of this state, or of any other state, or territory, government, or country, or who falsely makes, forges or counterfeits any impression purporting to be an impression of any such seal, or who has in his possession any such counterfeited seal or impression thereof, knowing it to be counterfeited, and wilfully conceals the same, is guilty of forgery.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-3604

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 36. Forgery and Counterfeiting

§ 18-3604. Punishment for forgery

Forgery is punishable by imprisonment in the state prison for not less than one (1) nor more than fourteen (14) years.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-3605

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 36. Forgery and Counterfeiting

§ 18-3605. Possession of forged notes or bank bills or check or checks

Every person who has in his possession, or receives from another person, any forged promissory note or bank bill, or bills, or check or checks, for the payment of money or property, with the intention to pass the same, or to permit, cause, or procure the same to be uttered or passed, with the intention to defraud any person, knowing the same to be forged or counterfeited, or has or keeps in his possession any blank or unfinished note or bank bill or check made in the form or similitude of any promissory note or bill or check for payment of money or property, made to be issued by any incorporated bank or banking company, with intention to fill up and complete such blank and unfinished note or bill or check, or to permit, or cause, or procure the same to be filled up and completed in order to utter or pass the same, or to permit, or cause, or procure the same to be uttered or passed, to defraud any person, is punishable by imprisonment in the state prison for not less than one (1) nor more than fourteen (14) years.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

Codifications: I.C. § 18-3605.

I.C. § 18-3606

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 36. Forgery and Counterfeiting

§ 18-3606. Fictitious bills, notes, and checks--Making, passing, uttering, or publishing

Every person who makes, passes, utters, or publishes, with intention to defraud any other person, or who, with the like intention, attempts to pass, utter or publish, or who has in his possession, with like intent to utter, pass, or publish, any fictitious bill, note or check, purporting to be the bill, note, or check, or other instrument in writing for the payment of money or property of some bank, corporation, copartnership, or individual, when in fact, there is no such bank, corporation, copartnership, or individual in existence, knowing the bill, note, check, or instrument in writing to be fictitious, is guilty of forgery and punishable as provided by section 18-3604.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-3607

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 36. Forgery and Counterfeiting

§ 18-3607. Counterfeiting coin or bullion

Every person who counterfeits any of the species of gold or silver coin current in this state, or any kind of species of gold dust, gold or silver bullion, or bars, lumps, pieces, or nuggets, or who sells, passes, or gives in payment such counterfeit coin, dust, bullion, bars, lumps, pieces, or nuggets, or permits, causes or procures the same to be sold, uttered or passed, with intention to defraud any person, knowing the same to be counterfeited, is guilty of counterfeiting.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-3608

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 36. Forgery and Counterfeiting

§ 18-3608. Punishment for counterfeiting

Counterfeiting is punishable by imprisonment in the state prison for not less than one (1) nor more than fourteen (14) years.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-3609

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 36. Forgery and Counterfeiting

§ 18-3609. Possession of counterfeit coin

Every person who has in his possession, or receives for any other person, any counterfeit gold or silver coin of the species current in this state, or any counterfeit gold dust, gold or silver bullion or bars, lumps, pieces, or nuggets, with the intention to sell, utter, put off, or pass the same, or permits, causes, or procures the same to be sold, uttered, or passed, with intention to defraud any person, knowing the same to be counterfeit, is punishable by imprisonment in the state prison not less than one (1) nor more than fourteen (14) years.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-3610

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 36. Forgery and Counterfeiting

§ 18-3610. Possession of counterfeiting apparatus

Every person who makes, or knowingly has in his possession any die, plate, or any apparatus, metal, machine, or other thing whatever, made use of in counterfeiting coin, current in this state, or in counterfeiting gold dust, gold or silver bars, bullion, lump, pieces or nuggets, or in counterfeiting bank notes, bank bills, financial transaction cards, cashier's checks, money orders, travelers checks, or any check, draft or order for the payment of money upon any bank or depository drawn on any person, firm or corporation, is punishable by imprisonment in the state prison not less than one (1) nor more than fourteen (14) years; and all such dies, plates, apparatus, paper, metal, or machine, intended for the purpose aforesaid, must be destroyed.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1982, ch. 220, § 1.

I.C. § 18-3611

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 36. Forgery and Counterfeiting

§ 18-3611. Counterfeiting railroad ticket

Every person who counterfeits, forges, or alters, any ticket, check, order, coupon, receipt for fare, or pass, issued by any railroad company, or by any lessee or manager thereof, designed to entitle the holder to ride in the cars of such company, or who utters, publishes, or puts into circulation, any such counterfeit or altered ticket, check, or order, coupon, receipt for fare, or pass, with intent to defraud any such railroad company, or any lessee thereof, or any other person, is punishable by imprisonment in the state prison, or in the county jail, not exceeding one (1) year, or by fine not exceeding $1000, or by both such imprisonment and fine.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-3612

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 36. Forgery and Counterfeiting

§ 18-3612. Restoring canceled railroad tickets

Every person who, for the purpose of restoring to its original appearance and nominal value in whole or in part, removes, conceals, fills up, or obliterates, the cuts, marks, punch holes, or other evidence of cancelation, from any ticket, check, order, coupon, receipt for fare, or pass, issued by any railroad company, or by any lessee or manager thereof, canceled in whole or in part, with intent to dispose of by sale or gift, or to circulate the same, or with intent to defraud the railroad company, or lessee thereof, or any other person, or who, with like intent to defraud, offers for sale, or in payment of fare on the railroad of the company, such ticket, check, order, coupon, or pass, knowing the same to have been so restored, in whole or in part, is punishable by imprisonment in the county jail not exceeding six (6) months, or by a fine not exceeding $1000, or by both such imprisonment and fine.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-3613

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 36. Forgery and Counterfeiting

§ 18-3613. Simulation of switch and car keys

It shall be unlawful for any person by himself or another, without the written order or consent of such common carrier, to make, simulate, sell or dispose of any key belonging to or which might be used to open or unlock any switch, lock, car lock, or locks, used upon or belonging to any switch or car of any kind owned, controlled or operated by any common carrier in this state. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail not less than thirty (30) days nor more than six (6) months.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 2005, ch. 359, § 7.

I.C. § 18-3614

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 36. Forgery and Counterfeiting

§ 18-3614. Forging or counterfeiting trade-marks

Every person who wilfully forges or counterfeits or procures to be forged or counterfeited, any trade-mark usually affixed by any person to his goods, with intent to pass off any goods to which such forged or counterfeited trade-mark is affixed or intended to be affixed, as the goods of such person, is guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-3615

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 36. Forgery and Counterfeiting

§ 18-3615. Sale of counterfeit goods

Every person who sells or keeps for sale any goods upon or to which any counterfeited trade-mark has been affixed, intending to represent such goods as the genuine goods of another, knowing the same to be counterfeited, is guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-3616

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 36. Forgery and Counterfeiting

§ 18-3616. Forged and counterfeit trade-marks defined

The phrases “forged trade-mark” and “counterfeited trade-marks,” or their equivalents, as used in this chapter include every alteration or imitation of any trade-mark so resembling the original as to be likely to deceive.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-3617

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 36. Forgery and Counterfeiting

§ 18-3617. Trademark defined

The phrase “trademark” as used in the three (3) preceding sections, includes every description of word, letter, device, emblem, stamp, imprint, brand, printed ticket, label or wrapper usually affixed by any mechanic, manufacturer, druggist, merchant or tradesman, to denote any goods to be goods imported, manufactured, produced, compounded or sold by him, other than any name, word, or expression generally denoting any goods to be of some particular class or description.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-3618

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 36. Forgery and Counterfeiting

§ 18-3618. Repealed by S.L. 2004, ch. 49, § 2, eff. July 1, 2004

I.C. § 18-3619

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 36. Forgery and Counterfeiting

§ 18-3619. Slugs or counterfeited coins--Penalty for use in vending machines or coin-boxes

Any person who, by means of any token, slug, false or counterfeited coin, or by any other means, method, trick or device whatsoever not lawfully authorized by the owner, lessee, or licensee of any vending machine, coin-box telephone or other receptacle designed to receive or be operated by lawful coin of the United States of America in furtherance of or connection with the sale, use or enjoyment of property or service, knowingly shall operate or cause to be operated, or shall attempt to operate or attempt to cause to be operated, any vending machine, coin-box telephone or other receptacle designed to receive or be operated by lawful coin of the United States of America, or whoever shall take, obtain, accept or receive, from or by means of any such machine, coin-box telephone or other receptacle, any article of value or service or the use or enjoyment of any telephone, telegraph or other facility or service, without depositing in, delivering to and payment into such machine, coin-box telephone or receptacle the amount of lawful coin of the United States of America required therefor by the owner, lessee or licensee of such machine, coin-box telephone or other receptacle, shall be fined not more than two hundred dollars ($200.00), or imprisoned not more than sixty (60) days, or both.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

Codifications: I.C. § 18-3619.

I.C. § 18-3620

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 36. Forgery and Counterfeiting

§ 18-3620. Slugs or counterfeited coins--Penalty for manufacture or sale

Any person who knowingly or having cause to believe that the same is intended for fraudulent or unlawful use on the part of the purchaser, donee or user thereof shall manufacture for sale, sell or give away any token, slug, blank, disc, tag, planchet, false, mutilated, sweated or counterfeited coin or any device or substance whatsoever intended or calculated to be placed, deposited or used or which may be so placed, deposited or used in any vending machine, coin-box telephone or other receptacle designed to receive or be operated by lawful coin of the United States of America in furtherance or connection with the sale, use or enjoyment of the property or service or the use or enjoyment of any telephone, telegraph or other facilities or service, shall be fined not more than two hundred dollars ($200.00), or imprisoned not more than sixty (60) days, or both.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-3701

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 37. Fraudulent Conveyances or Removals [Repealed]

§§ 18-3701 to 18-3706. Repealed

I.C. § 18-3702

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 37. Fraudulent Conveyances or Removals [Repealed]

§§ 18-3701 to 18-3706. Repealed

I.C. § 18-3703

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 37. Fraudulent Conveyances or Removals [Repealed]

§§ 18-3701 to 18-3706. Repealed

I.C. § 18-3704

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 37. Fraudulent Conveyances or Removals [Repealed]

§§ 18-3701 to 18-3706. Repealed

I.C. § 18-3705

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 37. Fraudulent Conveyances or Removals [Repealed]

§§ 18-3701 to 18-3706. Repealed

I.C. § 18-3706

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 37. Fraudulent Conveyances or Removals [Repealed]

§§ 18-3701 to 18-3706. Repealed

I.C. § 18-3801

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 38. Gaming

§ 18-3801. Gambling defined

“Gambling” means risking any money, credit, deposit or other thing of value for gain contingent in whole or in part upon lot, chance, the operation of a gambling device or the happening or outcome of an event, including a sporting event, the operation of casino gambling including, but not limited to, blackjack, craps, roulette, poker, bacarrat [baccarat] or keno, but does not include:

(1) Bona fide contests of skill, speed, strength or endurance in which awards are made only to entrants or the owners of entrants; or

(2) Bona fide business transactions which are valid under the law of contracts; or

(3) Games that award only additional play; or

(4) Merchant promotional contests and drawings conducted incidentally to bona fide nongaming business operations, if prizes are awarded without consideration being charged to participants; or

(5) Other acts or transactions now or hereafter expressly authorized by law.

CREDIT(S)

S.L. 1992, 1st Ex. Sess., ch. 2, § 3.

Codifications: I.C. § 18-3801.

I.C. § 18-3802

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 38. Gaming

§ 18-3802. Gambling prohibited

(1) A person is guilty of gambling if he:

(a) Participates in gambling; or

(b) Knowingly permits any gambling to be played, conducted or dealt upon or in any real or personal property owned, rented, or under the control of the actor, whether in whole or in part.

(2) Gambling is a misdemeanor.

CREDIT(S)

S.L. 1992, 1st Ex. Sess., ch. 2, § 4.

Codifications: I.C. § 18-3802.

I.C. § 18-3803

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 38. Gaming

§§ 18-3803 to 18-3807. Repealed

I.C. § 18-3804

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 38. Gaming

§§ 18-3803 to 18-3807. Repealed

I.C. § 18-3805

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 38. Gaming

§§ 18-3803 to 18-3807. Repealed

I.C. § 18-3806

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 38. Gaming

§§ 18-3803 to 18-3807. Repealed

I.C. § 18-3807

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 38. Gaming

§§ 18-3803 to 18-3807. Repealed

I.C. § 18-3808

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 38. Gaming

§ 18-3808. Repealed by S.L. 2010, ch. 30, § 1, eff. July 1, 2010

I.C. § 18-3809

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 38. Gaming

§ 18-3809. Bookmaking and pool selling

Any person who for gain, hire or profit engages in pool selling or bookmaking at any time or place within this state; or any person who keeps or occupies any room, shed, tenement, tent, booth or building, float or vessel, or any part thereof, or who occupies any place or stand of any kind, upon any public or private grounds within this state, with books, papers, paraphernalia, or mechanical device, for the purpose of engaging in pool selling or bookmaking, or recording or registering bets or wagers; or who sells pools or makes books upon the result of any trial or contest of skill, speed or power of endurance of man or beast for gain, hire or reward; or any person who, for gain, hire or reward, receives, registers, records and forwards to any other place, within or without this state, any money, consideration or thing of value for the purpose of having it there bet or wagered by or for any person, who at such place sells pools or makes books upon any such event, or any person who, being the owner, lessee or occupant of any such room, shed, tenement, tent, booth or building, float or vessel, or part thereof, or any grounds within this state, knowingly and willfully permits the same to be occupied and used for any of the purposes aforesaid, unless unable to legally prevent the same; or any person who aids, assists or abets in any manner in any of said acts which are hereby forbidden, is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for a period of not more than six (6) months or by both such fine and imprisonment.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 2006, ch. 71, § 12, eff. July 1, 2006.

I.C. § 18-3810

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 38. Gaming

§ 18-3810. Slot machines--Possession unlawful--Exception

(1) Except as otherwise provided in this section, it shall be a misdemeanor for any person to use, possess, operate, keep, sell, or maintain for use or operation or otherwise, anywhere within the state of Idaho, any slot machine of any sort or kind whatsoever.

(2) The provisions of section 18-3804, Idaho Code, shall not apply to antique slot machines. For the purpose of this section, an antique slot machine is a slot machine manufactured prior to 1950, the operation of which is exclusively mechanical in nature and is not aided in whole or in part by any electronic means.

(3) Antique slot machines may be sold, possessed or located for purposes of display only and not for operation.

(4) An antique slot machine may not be operated for any purpose.

CREDIT(S)

S.L. 1986, ch. 8, § 2; S.L. 2006, ch. 71, § 13, eff. July 1, 2006.

I.C. § 18-3901

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 39. Highways and Bridges

§§ 18-3901 to 18-3904. Repealed

I.C. § 18-3902

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 39. Highways and Bridges

§§ 18-3901 to 18-3904. Repealed

I.C. § 18-3903

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 39. Highways and Bridges

§§ 18-3901 to 18-3904. Repealed

I.C. § 18-3904

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 39. Highways and Bridges

§§ 18-3901 to 18-3904. Repealed

I.C. § 18-3905

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 39. Highways and Bridges

§ 18-3905. Transportation of hazardous waste

(1) Whenever hazardous waste, as defined in section 39-4403, Idaho Code, is being transported on highways or roads of this state, it shall be transported in a manner which will not endanger the health, welfare or safety of the citizens of the state of Idaho and it shall be transported in compliance with the laws of the state of Idaho and rules and regulations promulgated thereto.

(2) Any person who transports hazardous waste or any generator of hazardous waste or other person who causes hazardous waste to be transported on highways or roads of this state in a manner which will endanger the health, welfare or safety of the citizens of the state of Idaho, or who transports or causes hazardous waste to be transported on highways or roads of this state in a manner which is not in compliance with the laws of the state of Idaho and any rules and regulations promulgated pursuant thereto shall be guilty of a misdemeanor and shall be subject to a fine of not more than ten thousand dollars ($10,000), imprisonment for a period of not more than six (6) months, or by both such fine and imprisonment. This penalty shall be in addition to any other civil or criminal penalties which may be provided by law.

CREDIT(S)

S.L. 1984, ch. 205, § 13.

I.C. § 18-3906

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 39. Highways and Bridges

§ 18-3906. Placing debris on highways

(1) If any person shall wilfully or negligently throw from any vehicle, place, deposit or permit to be deposited upon or alongside of any highway, street, alley or easement used by the public for public travel, any debris, paper, litter, glass bottle, glass, nails, tacks, hoops, cans, barbed wire, boards, trash or garbage, lighted material, or other waste substance, such persons shall, upon conviction thereof, be punished by a fine not exceeding three hundred dollars ($300) or by imprisonment in the county jail not exceeding ten (10) days. For the purposes of this section, the terms “highway,” “street,” “alley” or “easement” shall be construed to include the entire right of way of such highway, street, alley or easement. The Idaho transportation department is directed to post along state highways, at convenient and appropriate places, notices of the context of said law.

(2) Notwithstanding the provisions of section 19-4705, Idaho Code, the court may order that fifty dollars ($50.00) of the fine imposed under the provisions of this section be paid by the defendant to the person or persons, other than the officer making the arrest, who, in the judgment of the court, provided information that led directly to the arrest and conviction of the defendant.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1974, ch. 12, § 86; S.L. 1986, ch. 298, § 1.

Codifications: I.C. § 18-3906.

I.C. § 18-3907

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 39. Highways and Bridges

§ 18-3907. Obstruction of highways

Any person who obstructs, injures or damages any public road, street or highway, either by placing obstruction therein or by digging in, deepening or deviating the water of any stream, or by placing any obstruction in any ditch or stream within or along any public road, street or highway, or by placing or constructing any obstruction, ditch or embankments upon his own or other lands, so as to make or cause any water to flow upon or impair any public road, street or highway, or rides or drives upon and along the sidewalk of any road, street or highway, whenever such sidewalk has been graded or graveled, located or designated by any order of the board of commissioners or city council, or prepared in any other manner dedicating and designating the same for and to that particular use and purpose, either by the property owner or by the public, or in any other manner injures or obstructs any public road, street or highway, is guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

Codifications: I.C. § 18-3907.

I.C. § 18-3908

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 39. Highways and Bridges

§ 18-3908. Flooding highways

Any person who runs water either by flooding or sprinkler irrigation across any public highway, road or street, without first constructing a good and sufficient ditch or ditches to convey the same, or who fails to bridge such ditch or ditches, or to keep such bridge or ditches in good repair, or to ensure that the flow from the sprinkler does not flood the public highway, road or street and all persons, companies or corporations who suffer any water used by them for the purpose of irrigation, or any other purposes, to flow into or upon any public highway, road or street, in any other manner than that authorized by law, are guilty of an infraction on the first offense, and shall be guilty of a misdemeanor for each offense thereafter per calendar year, and upon conviction thereof must be fined in any sum not less than one dollar ($1.00) nor more than fifty dollars ($50.00), together with the costs of suit, and for a second offense, double said fine and costs; and it is hereby made the duty of all road supervisors, constables and marshals, to make complaint before the proper court, for violations of this section, whenever notified or having knowledge thereof. A person may not be charged under the provisions of this chapter if the flooding from a sprinkler or other water conveyance system is a result of mechanical failure, wind or other climatic condition, or other circumstances outside of the control of the person.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 2001, ch. 289, § 1.

Codifications: I.C. § 18-3908.

I.C. § 18-3909

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 39. Highways and Bridges

§ 18-3909. Repealed

I.C. § 18-3910

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 39. Highways and Bridges

§ 18-3910. Evasion of toll

Every person not exempt from paying tolls who crosses on any ferry or toll bridge, or passes through any toll gate, lawfully kept, without paying the toll therefor and with intent to avoid such payment is punishable by fine not exceeding $20.00.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

Codifications: I.C. § 18-3910.

I.C. § 18-3911

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 39. Highways and Bridges

§ 18-3911. Wild flowers or shrubs along highway--Removal or transport illegal

(1) It is the duty of all citizens of this state to protect the wild flowers of this state referred to in this section from needless destruction and waste.

(2) It shall be unlawful for any person in this state to wilfully and negligently cut, dig up, trim, pick, or remove, any plant, flower, shrub, bush, fruit or other vegetation growing upon the right of way of any public highway within this state.

(3) It shall be unlawful for any person to export from this state, or to sell or offer for sale or transport bulbs, corms, rhizomes, roots or plants of native wild flowers or shrubs of the state of any of the following genera:

a. Tiger lily... Lilium Columbianum

b. Queen Cup... Clintonia uniflora

c. Trillium (both species)

d. Lady's Slipper... Cypripedium montanum

e. Stream orchis... Epipactis Gigantea

f. Coral root... Corallorhiza (all species)

g. Columbine... Aquilegia formosa

h. Syringa or mock orange... Philadelphus lewisii

i. Dogwood... Cornus nuttallii and canadensis

j. Indian Pipe Family (all members)

k. Rhododendron (all species)

l. Twin Flower... Linnaea americana

m. Mission bells or rive root... Fritillaria lanceolata

n. Bitter root... Lewisia rediviva

o. Angel slipper, fairy slipper... Calypso bulbosa

(4) It shall be unlawful for any person to sell or transport or offer for sale the bulbs, corms, rhizomes, roots or parts of any of the plants or shrubs mentioned in subsections (2) and (3) of this section which have been dug, pulled up or gathered upon any highway.

(5) The provisions of this section shall not be construed to apply to any employee of the federal government or of the state of Idaho or of any political subdivision of the state engaged in work upon any state, county or public road or highway while performing such work under the supervision of the federal government, the state or any political subdivision thereof.

(6) The provisions of this section shall not be construed to apply to the owner of any tract or tracts of land, or to his agents or employee, as to such tract or tracts, or to any shrub, plant or other vegetation which is declared by law to be a public nuisance.

(7) Nothing in this section shall be construed as prohibiting the digging, pulling, gathering or sending out of this state, at such times the Idaho transportation department may approve, any propagated plants or shrubs mentioned in subsections (2) and (3) of this section, in such quantity and at such times as the agency or persons having control of the land, public or private, may determine and approve.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1974, ch. 12, § 87.

Codifications: I.C. § 18-3911.

I.C. § 18-3912

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 39. Highways and Bridges

§ 18-3912. Prosecution of violators--Duty of transportation department

Insofar as the state highway system is concerned, it shall be the duty of the Idaho transportation department and of all its employees to present evidence of any violation of the provisions of this act to the prosecuting attorney of the county in which any such violations occur. Such prosecuting attorney shall prosecute any person guilty of a violation of the provisions of this act.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1974, ch. 12, § 88.

Codifications: I.C. § 18-3912.

I.C. § 18-3913

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 39. Highways and Bridges

§ 18-3913. Wild flowers protected--Amended list--Duty of department of fish and game

(a) In order to further protect native wild flowers and shrubs from needless destruction and waste, the department of fish and game may, after investigation and public hearings and in accordance with the provisions of this act, establish and amend a list of wild flowers and shrubs in addition to those listed in section 18-3911(3), Idaho Code. The provisions of this act will then apply to such “established” or “amended” list.

(b) In determining additions to the list of wild flowers set forth herein, the department of fish and game may take into consideration:

(1) The laws and regulations of the United States and other states.

(2) The effect on the scenic beauty of public roads and public land.

(3) The necessity to preserve and protect native plants whenever it appears that they might possibly become extinct.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 2003, ch. 129, § 1.

Codifications: I.C. § 18-3913.

I.C. § 18-3914

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 39. Highways and Bridges

§ 18-3914. Violation a misdemeanor

A violation of this chapter and regulations authorized by this act is a misdemeanor unless the violation is defined as an infraction.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 2001, ch. 289, § 2.

Codifications: I.C. § 18-3914.

I.C. § 18-4001

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 40. Homicide

§ 18-4001. Murder defined

Murder is the unlawful killing of a human being including, but not limited to, a human embryo or fetus, with malice aforethought or the intentional application of torture to a human being, which results in the death of a human being. Torture is the intentional infliction of extreme and prolonged pain with the intent to cause suffering. It shall also be torture to inflict on a human being extreme and prolonged acts of brutality irrespective of proof of intent to cause suffering. The death of a human being caused by such torture is murder irrespective of proof of specific intent to kill; torture causing death shall be deemed the equivalent of intent to kill.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1977, ch. 154, § 1; S.L. 2002, ch. 330, § 1.

I.C. § 18-4002

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 40. Homicide

§ 18-4002. Express and implied malice

Such malice may be express or implied. It is express when there is manifested a deliberate intention unlawfully to take away the life of a fellow creature. It is implied when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-4003

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 40. Homicide

§ 18-4003. Degrees of murder

(a) All murder which is perpetrated by means of poison, or lying in wait, or torture, when torture is inflicted with the intent to cause suffering, to execute vengeance, to extort something from the victim, or to satisfy some sadistic inclination, or which is perpetrated by any kind of willful, deliberate and premeditated killing is murder of the first degree.

(b) Any murder of any peace officer, executive officer, officer of the court, fireman, judicial officer or prosecuting attorney who was acting in the lawful discharge of an official duty, and was known or should have been known by the perpetrator of the murder to be an officer so acting, shall be murder of the first degree.

(c) Any murder committed by a person under a sentence for murder of the first or second degree, including such persons on parole or probation from such sentence, shall be murder of the first degree.

(d) Any murder committed in the perpetration of, or attempt to perpetrate, aggravated battery on a child under twelve (12) years of age, arson, rape, robbery, burglary, kidnapping or mayhem, or an act of terrorism, as defined in section 18-8102, Idaho Code, or the use of a weapon of mass destruction, biological weapon or chemical weapon, is murder of the first degree.

(e) Any murder committed by a person incarcerated in a penal institution upon a person employed by the penal institution, another inmate of the penal institution or a visitor to the penal institution shall be murder of the first degree.

(f) Any murder committed by a person while escaping or attempting to escape from a penal institution is murder of the first degree.

(g) All other kinds of murder are of the second degree.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1973, ch. 276, § 1; S.L. 1977, ch. 154, § 2; S.L. 1991, ch. 227, § 1;S.L. 2002, ch. 222, § 4.

I.C. § 18-4004

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 40. Homicide

§ 18-4004. Punishment for murder

Subject to the provisions of sections 19-2515 and 19-2515A, Idaho Code, every person guilty of murder of the first degree shall be punished by death or by imprisonment for life, provided that a sentence of death shall not be imposed unless the prosecuting attorney filed written notice of intent to seek the death penalty as required under the provisions of section 18-4004A, Idaho Code, and provided further that whenever the death penalty is not imposed the court shall impose a sentence. If a jury, or the court if a jury is waived, finds a statutory aggravating circumstance beyond a reasonable doubt but finds that the imposition of the death penalty would be unjust, the court shall impose a fixed life sentence. If a jury, or the court if a jury is waived, does not find a statutory aggravating circumstance beyond a reasonable doubt or if the death penalty is not sought, the court shall impose a life sentence with a minimum period of confinement of not less than ten (10) years during which period of confinement the offender shall not be eligible for parole or discharge or credit or reduction of sentence for good conduct, except for meritorious service. Every person guilty of murder of the second degree is punishable by imprisonment not less than ten (10) years and the imprisonment may extend to life.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1973, ch. 276, § 2; S.L. 1977, ch. 154, § 3; S.L. 1986, ch. 232, § 2; S.L. 1998, ch. 96, § 1;S.L. 2003, ch. 19, § 1;S.L. 2003, ch. 136, § 1.

Codifications: I.C. § 18-4004.

I.C. § 18-4004A

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 40. Homicide

§ 18-4004A. Notice of intent to seek death penalty

(1) A sentence of death shall not be imposed unless the prosecuting attorney filed written notice of intent to seek the death penalty with the court and served the notice upon the defendant or his attorney of record no later than sixty (60) days after entry of a plea. Any notice of intent to seek the death penalty shall include a listing of the statutory aggravating circumstances that the state will rely on in seeking the death penalty. The state may amend its notice upon a showing of good cause at any time prior to trial. A notice of intent to seek the death penalty may be withdrawn at any time prior to the imposition of sentence. However, upon a showing of good cause, and a stipulation by the state and the defendant and his attorney of record the court may extend the time for the filing of the notice of intent to seek the death penalty for a reasonable period of time.

(2) In the event that the prosecuting attorney does not file a notice of intent to seek the death penalty or otherwise puts the court on notice that the state does not intend to seek the death penalty, the court shall inform potential jurors at the outset of jury selection that the death penalty is not a sentencing option for the court or the jury.

CREDIT(S)

S.L. 1998, ch. 96, § 2;S.L. 2003, ch. 19, § 2;S.L. 2008, ch. 300, § 1, eff. July 1, 2008.

I.C. § 18-4005

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 40. Homicide

§ 18-4005. Petit treason abolished

The rules of the common law, distinguishing the killing of a master by his servant, and of a husband by his wife, as petit treason, are abolished, and these offenses are homicides, punishable in the manner prescribed by this chapter.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-4006

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 40. Homicide

§ 18-4006. Manslaughter defined

Manslaughter is the unlawful killing of a human being including, but not limited to, a human embryo or fetus, without malice. It is of three (3) kinds:

(1) Voluntary--upon a sudden quarrel or heat of passion.

(2) Involuntary--in the perpetration of or attempt to perpetrate any unlawful act, other than those acts specified in section 18-4003(d), Idaho Code; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection; or in the operation of any firearm or deadly weapon in a reckless, careless or negligent manner which produces death.

(3) Vehicular--in which the operation of a motor vehicle is a significant cause contributing to the death because of:

(a) The commission of an unlawful act, not amounting to a felony, with gross negligence; or

(b) The commission of a violation of section 18-8004 or 18-8006, Idaho Code; or

Notwithstanding any other provision of law, any evidence of conviction under subsection (3)(b) of this section shall be admissible in any civil action for damages resulting from the occurrence. A conviction for the purposes of subsection (3)(b) of this section means that the person has pled guilty or has been found guilty, notwithstanding the form of the judgment(s) or withheld judgment(s).

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1983, 1st Ex. Sess., ch. 3, § 17; S.L. 1984, ch. 22, § 5; S.L. 1997, ch. 103, § 1;S.L. 2002, ch. 330, § 2;S.L. 2007, ch. 43, § 1, eff. July 1, 2007; S.L. 2009, ch. 166, § 1, eff. July 1, 2009.

I.C. § 18-4007

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 40. Homicide

§ 18-4007. Punishment for manslaughter

Manslaughter is punishable as follows:

(1) Voluntary--by a fine of not more than fifteen thousand dollars ($15,000), or by a sentence to the custody of the state board of correction not exceeding fifteen (15) years, or by both such fine and imprisonment.

(2) Involuntary--by a fine of not more than ten thousand dollars ($10,000), or by a sentence to the custody of the state board of correction not exceeding ten (10) years, or by both such fine and imprisonment.

(3) Vehicular--in the operation of a motor vehicle:

(a) For a violation of section 18-4006(3)(a), Idaho Code, by a fine of not more than ten thousand dollars ($10,000), or by a sentence to the custody of the state board of correction not exceeding ten (10) years, or by both such fine and imprisonment.

(b) For a violation of section 18-4006(3)(b), Idaho Code, by a fine of not more than fifteen thousand dollars ($15,000), or by a sentence to the custody of the state board of correction not exceeding fifteen (15) years, or by both such fine and imprisonment.

(c) For a violation of section 18-4006(3)(c), Idaho Code, by a fine of not more than two thousand dollars ($2,000), or by a jail sentence not exceeding one (1) year, or by both such fine and jail sentence.

(d) In addition to the foregoing, any person convicted of a violation of section 18-4006(3), Idaho Code, which resulted in the death of the parent or parents of minor children may be ordered by the court to pay support for each such minor child until the child reaches the age of eighteen (18) years. In setting the amount of support, the court shall consider all relevant factors. The nonpayment of such support shall be subject to enforcement and collection by the surviving parent or guardian of the child in the same manner that other child support orders are enforced as provided by law. In no event shall the child support judgment or order imposed by the court under this section be paid or indemnified by the proceeds of any liability insurance policy.

(e) In addition to the foregoing, the driver's license of any person convicted of a violation of section 18-4006(3), Idaho Code, may be suspended for a time determined by the court.

CREDIT(S)

S.L. 1983, 1st Ex. Sess., ch. 3, § 19; S.L. 1992, ch. 33, § 1;S.L. 1994, ch. 413, § 1;S.L. 1997, ch. 311, § 1;S.L. 2002, ch. 356, § 1;S.L. 2009, ch. 166, § 2, eff. July 1, 2009.

I.C. § 18-4008

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 40. Homicide

§ 18-4008. Repealed by S.L. 2000, ch. 277, § 1, eff. July 1, 2000

I.C. § 18-4009

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 40. Homicide

§ 18-4009. Justifiable homicide by any person

Homicide is also justifiable when committed by any person in either of the following cases:

1. When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person; or,

2. When committed in defense of habitation, property or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony, or against one who manifestly intends and endeavors, in a violent, riotous or tumultuous manner, to enter the habitation of another for the purpose of offering violence to any person therein; or,

3. When committed in the lawful defense of such person, or of a wife or husband, parent, child, master, mistress or servant of such person, when there is reasonable ground to apprehend a design to commit a felony or to do some great bodily injury, and imminent danger of such design being accomplished; but such person, or the person in whose behalf the defense was made, if he was the assailant or engaged in mortal combat, must really and in good faith have endeavored to decline any further struggle before the homicide was committed; or,

4. When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed, or in lawfully suppressing any riot, or in lawfully keeping and preserving the peace.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-4010

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 40. Homicide

§ 18-4010. Fear not sufficient justification

A bare fear of the commission of any of the offenses mentioned in subdivisions 2 and 3 of the preceding section, to prevent which homicide may be lawfully committed, is not sufficient to justify it. But the circumstances must be sufficient to excite the fears of a reasonable person, and the party killing must have acted under the influence of such fears alone.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-4011

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 40. Homicide

§ 18-4011. Justifiable homicide by officer

Homicide is justifiable when committed by public officers and those acting by their command in their aid and assistance, either:

1. In obedience to any judgment of a competent court; or

2. When reasonably necessary in overcoming actual resistance to the execution of some legal process, or in the discharge of any other legal duty including suppression of riot or keeping and preserving the peace. Use of deadly force shall not be justified in overcoming actual resistance unless the officer has probable cause to believe that the resistance poses a threat of death or serious physical injury to the officer or to other persons; or

3. When reasonably necessary in preventing rescue or escape or in retaking inmates who have been rescued or have escaped from any jail, or when reasonably necessary in order to prevent the escape of any person charged with or suspected of having committed a felony, provided the officer has probable cause to believe that the inmate, or persons assisting his escape, or the person suspected of or charged with the commission of a felony poses a threat of death or serious physical injury to the officer or other persons.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1986, ch. 303, § 2.

I.C. § 18-4012

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 40. Homicide

§ 18-4012. Excusable homicide

Homicide is excusable in the following cases:

1. When committed by accident and misfortune in doing any lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent.

2. When committed by accident and misfortune, in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat when no undue advantage is taken nor any dangerous weapon used, and when the killing is not done in a cruel or unusual manner.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

Codifications: I.C. § 18-4012.

I.C. § 18-4013

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 40. Homicide

§ 18-4013. Discharge of defendant when homicide justifiable or excusable

The homicide appearing to be justifiable or excusable, the person indicted must, upon his trial, be fully acquitted and discharged.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-4014

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 40. Homicide

§ 18-4014. Administering poison with intent to kill

Every person who, with intent to kill, administers or causes or procures to be administered, to another, any poison or other noxious or destructive substance or liquid, but by which death is not caused, is punishable by imprisonment in the state prison not less than ten (10) years, and the imprisonment may be extended to life.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-4015

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 40. Homicide

§ 18-4015. Assault with intent to murder

Every person who assaults another with intent to commit murder, is punishable by imprisonment in the state prison not less than one (1) nor more than fourteen (14) years.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-4016

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 40. Homicide

§ 18-4016. Definition of human embryo and fetus--Prohibiting the prosecution of certain persons

(1) For purposes of this chapter “embryo” or “fetus” shall mean any human in utero.

(2) Nothing in this chapter, arising from the killing of an embryo or fetus, shall be construed to permit the prosecution:

(a) Of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law;

(b) Of any person for any medical treatment of the pregnant woman or her embryo or fetus; or

(3) Nothing in this chapter is intended to amend or nullify the provisions of chapter 6, title 18, Idaho Code.

CREDIT(S)

S.L. 2002, ch. 330, § 3;S.L. 2002, ch. 337, § 1.

I.C. § 18-4017

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 40. Homicide

§ 18-4017. Causing a suicide--Assisting in a suicide--Injunctive relief--Revocation of license--Exceptions

(1) A person is guilty of a felony if such person, with the purpose of assisting another person to commit or to attempt to commit suicide, knowingly and intentionally either:

(a) Provides the physical means by which another person commits or attempts to commit suicide; or

(b) Participates in a physical act by which another person commits or attempts to commit suicide.

(2) Any person convicted of or who pleads guilty to a violation of the provisions of subsection (1) of this section shall be sentenced to the custody of the state board of correction for a period not to exceed five (5) years.

(3) The licensing authority that issued a license or certification to a health care professional who is convicted of or who pleads guilty to a violation of the provisions of subsection (1) of this section, or who has had a judgment of contempt of court for violating an injunction issued pursuant to the provisions of subsection (4) of this section, may revoke the license or certification of such health care professional upon receipt of:

(a) A copy of the record of the criminal conviction or plea of guilty for a felony in violation of the provisions of subsection (1) of this section; or

(b) A copy of the record of a judgment of contempt of court for violating an injunction issued pursuant to the provisions of subsection (4) of this section.

(4) Upon proper application to the court, injunctive relief against any person who is reasonably believed to be about to violate, or who is in the course of violating, the provisions of subsection (1) of this section may be obtained by any person who is:

(a) The spouse, parent, child or sibling of the person who would commit suicide;

(b) A court appointed guardian of the person who would commit suicide;

(d) A health care provider of the person who would commit suicide; or

(e) A public official with appropriate jurisdiction to prosecute or enforce the laws of this state.

(5) The following shall not be deemed a violation of the provisions of this section:

(a) A health care professional who administers, prescribes or dispenses medications or procedures to relieve another person's pain or discomfort, even if any such medication or procedure may hasten or increase the risk of death, unless such medications or procedures are knowingly and intentionally administered, prescribed or dispensed to cause death.

(b) A health care professional who withholds or withdraws treatment or procedures in compliance with a living will and durable power of attorney for health care, a health care directive, a physician orders for scope of treatment form or any other similar document that satisfies the elements set forth in chapter 45, title 39, Idaho Code, or upon a refusal to consent or withdrawal of consent by the patient, or if the patient is unable to give or refuse consent, and does not have a living will and durable power of attorney for health care, a health care directive, a physician orders for scope of treatment form or any other similar document that satisfies the elements set forth in chapter 45, title 39, Idaho Code, by a person authorized to refuse or withdraw consent pursuant to section 39-4504, Idaho Code, shall not be deemed to have violated the provisions of this section.

(6) As used in this section:

(a) “Health care professional” means any person licensed, certified or registered by the state of Idaho to deliver health care.

(b) “Suicide” means the act or instance of taking one's own life.

CREDIT(S)

Added by S.L. 2011, ch. 194, § 1, eff. July 1, 2011.

I.C. § 18-4101

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 41. Indecency and Obscenity

§ 18-4101. Definitions

The following definitions are applicable to this act:

(A) “Obscene” material means any matter:

(1) which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest; and

(2) which depicts or describes patently offensive representations or descriptions of:

(a) ultimate sexual acts, normal or perverted, actual or simulated; or

(b) masturbation, excretory functions, or lewd exhibition of the genitals or genital area.

Nothing herein contained is intended to include or proscribe any matter which, when considered as a whole, and in the context in which it is used, possesses serious literary, artistic, political or scientific value.

In prosecutions under this act, where circumstances of production, presentation, sale, dissemination, or publicity indicate that the matter is being commercially exploited by the defendant for the sake of its prurient appeal, such evidence is probative with respect to the nature of the matter and can justify the conclusion that, in the context in which it is used, the matter has no serious literary, artistic, political, or scientific value.

(B) “Prurient interest” means a shameful or morbid interest in nudity, sex, or excretion, which goes substantially beyond customary limits of candor in description or representation of such matters. If it appears from the character of the material or the circumstances of its dissemination that the subject matter is designed for a specially susceptible audience or clearly defined deviant sexual group, the appeal of the subject matter shall be judged with reference to such audience or group.

(C) “Matter” or “material” means any book, magazine, newspaper, or other printed or written material; or any picture, drawing, photograph, motion picture, or other pictorial representation; or any statue or other figure; or any recording, transcription, or mechanical, chemical, or electrical reproduction; or any other articles, equipment, machines, or materials.

(D) “Person” means any individual, partnership, firm, association, corporation, or other legal entity; or any agent or servant thereof.

(E) “Distribute” means to transfer possession of, whether with or without consideration, by any means.

(F) “Knowingly” means having actual or constructive knowledge of the character of the subject matter or live conduct. A person shall be deemed to have constructive knowledge of the character of the subject matter or live conduct if he has knowledge of facts which would put a reasonable and prudent man on notice as to the suspect nature of the matter, and the failure to inspect the contents is either for the purpose of avoiding such disclosure or is due to reckless conduct.

(G) “Reckless conduct” is conduct which consciously disregards a substantial and unjustifiable risk that matter may be obscene. The risk must be of such a nature and degree that, considering the nature and purpose of the actor's conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that an average law-abiding person would observe in the actor's situation under like circumstances.

(H) “Exhibit” means to show or display.

(I) “Obscene live conduct” means any physical human body activity, whether performed or engaged in alone or with other persons, including but not limited to singing, speaking, dancing, acting, simulating, or pantomiming, where:

(1) the average person, applying contemporary community standards, would find such conduct, when considered as a whole, appeals to the prurient interest; and

(2) the conduct is patently offensive because it consists of:

(a) ultimate sexual acts, normal or perverted, actual or simulated; or

(b) masturbation, excretory functions, or lewd exhibition of the genitals or genital area.

Nothing herein contained is intended to include or proscribe any conduct which, when considered as a whole, and in the context in which it is used, possesses serious literary, artistic, political or scientific value. In prosecutions under this act, where circumstances of production, presentation, advertising, or exhibition indicate that live conduct is being commercially exploited by the defendant for the sake of its prurient appeal, such evidence is probative with respect to the nature of the conduct and can justify the conclusion that, in the context in which it is used, the matter has no serious literary, artistic, political or scientific value.

CREDIT(S)

S.L. 1973, ch. 305, § 2; S.L. 1976, ch. 81, § 1.

Codifications: I.C. § 18-4101.

I.C. § 18-4102

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 41. Indecency and Obscenity

§ 18-4102. Affirmative defense

It is not innocent but calculated purveyance which is prohibited. This act shall not apply to any persons who may possess or distribute obscene matter or participate in conduct otherwise proscribed by this act when such possession, distribution, or conduct occurs:

(A) within the scope of employment of law enforcement and judicial activities; or

(B) within the scope of employment of bona fide school, college, university, museum or public library activities or within the scope of employment of such an organization or a retail outlet affiliated with and serving the educational purposes of such an organization; or

(C) within the scope of employment as a moving picture machine operator, assistant operator, usher, or ticket taker in a motion picture theater in connection with a motion picture film or show exhibited in such theater, if such operator or assistant operator has no financial interest in the motion picture theater wherein he is so employed other than his wages received or owed, and such person consents to give testimony regarding such employment in all judicial proceedings brought under this act, when granted immunity by the trial judge; or

(D) under like circumstances of justification where the possession, distribution or conduct possesses serious literary, artistic, political or scientific value.

If this issue is not presented by the prosecution's evidence, the defendant may raise the same as an affirmative defense by presenting some evidence thereon. Where raised, the prosecution must sustain the burden of proving the defendant guilty beyond a reasonable doubt as to that issue.

CREDIT(S)

S.L. 1973, ch. 305, § 4; S.L. 1976, ch. 81, § 2.

Codifications: I.C. § 18-4102.

I.C. § 18-4103

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 41. Indecency and Obscenity

§ 18-4103. General sale or distribution, etc., of obscene matter--Penalty

Every person in this state who knowingly: brings or causes to be brought into this state for sale or distribution; or in this state prepares for distribution, publishes, prints, exhibits, distributes, or offers to distribute; or has in his possession with intent to distribute, exhibit, or offer to distribute, any obscene matter is guilty of a misdemeanor. Each sale, distribution, etc., is a separate violation.

CREDIT(S)

S.L. 1973, ch. 305, § 6; S.L. 1976, ch. 81, § 3.

Codifications: I.C. § 18-4103.

I.C. § 18-4103A

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 41. Indecency and Obscenity

§ 18-4103A. Advertisement, promotion of sale, etc., of matter represented to be obscene--Penalty

Every person who writes, creates, or solicits the publication or distribution of advertising or other promotional material for, or who otherwise advertises or promotes the sale, distribution, or exhibition of matter represented or held out by him to be obscene, whether or not such matter exists in fact, or is obscene, is guilty of a misdemeanor.

CREDIT(S)

S.L. 1976, ch. 81, § 4.

I.C. § 18-4104

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 41. Indecency and Obscenity

§ 18-4104. Participation in, or production or presentation of, obscene live conduct in public place--Penalty

(A) Every person who knowingly engages or participates in, manages, produces, sponsors, presents, or exhibits obscene live conduct to or before an assembly or audience consisting of at least one (1) person or spectator in any public place, or in any place exposed to public view, or in any place open to the public or to a segment thereof, whether or not an admission fee is charged, or whether or not attendance is conditioned upon the presentation of a membership card or other token, is guilty of a misdemeanor.

(B) Every person who procures, counsels, or assists any person to engage in such conduct, or who knowingly exhibits, or procures, counsels, or assists in the exhibition of a motion picture, television production, or other mechanical reproduction containing such conduct, is guilty of a misdemeanor.

CREDIT(S)

S.L. 1973, ch. 305, § 7; S.L. 1976, ch. 81, § 5.

Codifications: I.C. § 18-4104.

I.C. § 18-4105

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 41. Indecency and Obscenity

§ 18-4105. Public display of offensive sexual material--Penalty

Any person who knowingly exhibits or displays or permits to be exhibited or displayed any of the following in such a manner that such exhibit or display is easily visible from any street, sidewalk, thoroughfare, or other public area; or is visible from any transportation facility; or is visible from any residence when the person knows that the owner or occupant of such residence objects to such exhibit or display:

(a) Human genitals or pubic area without a full opaque covering, or any graphic or pictorial depiction thereof, or any depiction of covered male genitals in a discernibly erect state;

(b) An actual or simulated sex act, or sexual contact between humans and animals, or masturbation, or any graphic or pictorial display thereof; or

CREDIT(S)

S.L. 1973, ch. 305, § 8.

Codifications: I.C. § 18-4105.

I.C. § 18-4105A

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 41. Indecency and Obscenity

§ 18-4105A. Requiring purchaser or consignee to receive obscene matter as condition to sale, etc.--Penalty

Every person, who, knowingly, as a condition to a sale, allocation, consignment, or delivery for resale of any paper, magazine, book, periodical, publication or other merchandise, requires that the purchaser or consignee receive any matter reasonably believed by the purchaser or consignee to be obscene, or who denies or threatens to deny a franchise, revokes or threatens to revoke, or imposes any penalty, financial or otherwise, by reason of the failure of any person to accept such matter, or by reason of the return of such matter, is guilty of a misdemeanor.

CREDIT(S)

S.L. 1976, ch. 81, § 6.

I.C. § 18-4106

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 41. Indecency and Obscenity

§ 18-4106. Distribution to minors--Law governing

Notwithstanding any of the provisions of this act, the distribution of obscene matter to minors shall be governed by sections 18-1513 to 18-1521, Idaho Code.

CREDIT(S)

S.L. 1973, ch. 305, § 9.

Codifications: I.C. § 18-4106.

I.C. § 18-4107

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 41. Indecency and Obscenity

§ 18-4107. Conspiracy--Penalty

A conspiracy of two (2) or more persons to commit any of the crimes proscribed by this act is punishable as a felony. Any court having jurisdiction of the conspiracy crime has concurrent jurisdiction to try all misdemeanor crimes committed in furtherance of the conspiracy.

CREDIT(S)

S.L. 1973, ch. 305, § 10; S.L. 1976, ch. 81, § 7.

Codifications: I.C. § 18-4107.

I.C. § 18-4108

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 41. Indecency and Obscenity

§ 18-4108. Special verdict

The jury, or the court if a jury trial is waived, shall render a general verdict, and must also render a special verdict as to whether the matter named in the charge is obscene. The special verdict or findings on the issue of obscenity may be: “We find the.... (title or description of matter or live conduct) to be obscene,” or “We find the.... (title or description of matter or live conduct) not to be obscene.” A special verdict shall not be admissible as evidence in any other proceeding, nor shall it be res judicata of any question in any other proceeding.

CREDIT(S)

S.L. 1973, ch. 305, § 11.

Codifications: I.C. § 18-4108.

I.C. § 18-4109

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 41. Indecency and Obscenity

§ 18-4109. Punishment for violations

The following punishments are applicable to this act:

Every person who violates sections 18-4103, 18-4104 or 18-4105, Idaho Code, is punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment for each separate violation. If such person has twice been convicted within the immediately preceding two (2) years for any offense contained in chapter 41, title 18, Idaho Code, and these convictions were for offenses which occurred ten (10) or more days apart, a third or subsequent violation of sections 18-4103, 18-4104 or 18-4105, Idaho Code, within this two (2) year period is punishable as a felony.

CREDIT(S)

S.L. 1973, ch. 305, § 12; S.L. 1976, ch. 81, § 8; S.L. 2006, ch. 71, § 14, eff. July 1, 2006.

Codifications: I.C. § 18-4109.

I.C. § 18-4110

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 41. Indecency and Obscenity

§ 18-4110. Expert witness testimony

In any prosecution for a violation of the provisions of this act, neither the prosecution nor the defense shall be required to introduce expert witness testimony concerning the obscene or harmful character of the matter which is the subject of any such prosecution.

CREDIT(S)

S.L. 1973, ch. 305, § 13; S.L. 1976, ch. 81, § 9.

Codifications: I.C. § 18-4110.

I.C. § 18-4111

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 41. Indecency and Obscenity

§ 18-4111. Search warrant for seizure of obscene material

(A) An affidavit for a search warrant shall be filed with the magistrate describing the matter sought to be seized in detail. Where practical, the matter alleged to be obscene shall be attached to the affidavit for search warrant so as to afford the magistrate the opportunity to examine such material.

(B) Upon the filing of an affidavit for a search warrant, the magistrate shall determine, by examination of the matter sought to be seized, if attached, by an examination of the affidavit describing the matter, or by such other manner or means that he deems necessary, if probable cause exists to believe that the matter is obscene and that probable cause exists for the immediate issuance of a search warrant. Upon making such determination, he shall issue a search warrant ordering the seizure of the matter described in the affidavit for a search warrant according to the provisions of Idaho criminal rules of procedure.

(C) In the event that a search warrant is issued and matter alleged to be obscene is seized under the provisions of this section, any person alleged to be in possession of the said matter or claiming ownership of the matter at the time of its possession or seizure may file a notice in writing with the magistrate within ten (10) days of the date of the seizure alleging that the matter is not obscene and the magistrate shall set a hearing within one (1) day after request therefore, or at such time as the requesting party might agree, and at such hearing evidence may be presented as to the obscenity or nonobscenity of the matter seized and at the conclusion of such hearing, the magistrate shall make a further determination of whether probable cause exists to believe that the matter is obscene or nonobscene. A decision as to whether there is probable cause to believe the seized material to be obscene shall be rendered by the court within two (2) days of the conclusion of said hearing. If at such hearing the magistrate finds that no probable cause exists to believe that the matter is obscene, then the matter shall be returned to the person or persons from whom it was seized.

(D) If a motion to suppress the evidence is granted on the grounds of an unlawful seizure, the property shall be restored unless it is subject to confiscation as contraband, as provided for in section 18-4112, Idaho Code, in which case it shall not be returned.

(E) When a search warrant is issued under the provisions of this section, only that matter described in the complaint shall be seized by the executing peace officer or officers.

(F) Procedures under this section for the seizure of allegedly obscene matter shall be cumulative of all other lawful means of obtaining evidence as provided by the laws of this state. Nothing contained in this section shall prevent the obtaining of alleged obscene matter by purchase or under injunction proceedings as authorized by this act or by any other statute of the state of Idaho.

CREDIT(S)

S.L. 1976, ch. 81, § 11.

I.C. § 18-4112

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 41. Indecency and Obscenity

§ 18-4112. Contraband

Destruction of obscene matter or advertisement of matter represented to be obscene:

(A) Obscene matter and advertisements for matter represented to be obscene are contraband and shall be destroyed.

(B) Upon the conviction of the accused or rendition of a court order declaring such matter to be contraband and subject to confiscation, the court shall, when such judgments become final, and all appeal procedures have terminated, order, upon five (5) days' notice to the defendant, any matter or advertisement, in respect whereof the accused stands convicted, and which remains in the possession or under the control of the prosecuting attorney or any law enforcement agency, to be destroyed, and the court shall cause to be destroyed any such material in its possession or under its control, retaining only such copies as are necessary for law enforcement purposes.

CREDIT(S)

S.L. 1976, ch. 81, § 13.

I.C. § 18-4113

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 41. Indecency and Obscenity

§ 18-4113. Uniform enforcement--Abrogation of existing ordinances--Further local ordinances banned

In order to make the application and enforcement of this act uniform throughout the state, it is the intent of the legislature to preempt, to the exclusion of city and county governments, the regulation of the sale, loan, distribution, dissemination, presentation, or exhibition of material or live conduct which is obscene. To that end, it is hereby declared that every city or county ordinance adopted before the effective date of this act which deals with the sale, loan, distribution, dissemination, presentation, or exhibition of material or live conduct which is obscene shall stand abrogated and unenforceable on or after such effective date; and that no city or county government shall have the power to adopt any ordinance relating to the regulation of the sale, loan, distribution, dissemination, presentation, or exhibition of material or live conduct which is obscene on or after such effective date.

CREDIT(S)

S.L. 1973, ch. 305, § 16.

Codifications: I.C. § 18-4113.

I.C. § 18-4114

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 41. Indecency and Obscenity

§ 18-4114. Enforcement by injunction, etc.

The district courts of this state and the judges thereof shall have full power, authority, and jurisdiction, upon application by any county prosecutor or city attorney within their respective jurisdictions, or the attorney general, to issue any and all proper restraining orders, temporary and permanent injunctions, and any other writs and processes appropriate to carry out and enforce the provisions of this act. Such restraining orders or injunctions may issue to prevent any person from violating any of the provisions of this act, in addition to those powers provided under title 52 of tthe [the] Idaho Code. However, no restraining order or injunction shall issue except upon notice to the person sought to be enjoined. Such person shall be entitled to a trial of the issues within one (1) day after filing of an answer to the complaint and a decision shall be rendered by the court within two (2) days of the conclusion of the trial. In the event that a final order or judgment of injunction be entered against the person sought to be enjoined, such final order or judgment shall contain a provision directing the person to surrender to the sheriff of the county in which the action was brought any obscene matter in his possession which is subject to such injunction and such sheriff shall be directed to seize and destroy such matter.

CREDIT(S)

S.L. 1973, ch. 305, § 17; S.L. 1976, ch. 81, § 14.

Codifications: I.C. § 18-4114.

I.C. § 18-4115

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 41. Indecency and Obscenity

§ 18-4115. Partial invalidity--Severability

If any phrase, clause, sentence, section, or provision of this act or application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other phrase, clause, sentence, section, provision, or application of this act which can be given effect without the invalid phrase, clause, sentence, section, provision, or application and to this end the provisions of this act are declared to be severable.

CREDIT(S)

S.L. 1973, ch. 305, § 21.

Codifications: I.C. § 18-4115.

I.C. § 18-4116

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 41. Indecency and Obscenity

§ 18-4116. Indecent exposure

Every person who willfully and lewdly, either:

(1) Exposes his or her genitals, in any public place, or in any place where there is present another person or persons who are offended or annoyed thereby; or,

(2) Procures, counsels, or assists any person so to expose his or her genitals, where there is present another person or persons who are offended or annoyed thereby is guilty of a misdemeanor.

Any person who pleads guilty to or is found guilty of a violation of subsection (1) or (2) of this section or a similar statute in another state or any local jurisdiction for a second time within five (5) years, notwithstanding the form of the judgment(s) or withheld judgment(s), is guilty of a felony and shall be imprisoned in the state prison for a period not to exceed ten (10) years.

CREDIT(S)

S.L. 1996, ch. 241, § 1;S.L. 2006, ch. 178, § 8, eff. March 24, 2006.

I.C. § 18-4201

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 42. Intoxicants and Intoxication

§ 18-4201. Repealed

I.C. § 18-4202

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 42. Intoxicants and Intoxication

§ 18-4202. Acting as physician while intoxicated

Every physician who, in a state of intoxication, does any act as such physician to another person by which the life of such other person is endangered, is guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-4301

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 43. Irrigation Works

§ 18-4301. Interference with ditches, canals, laterals, drains or reservoirs

Every person who shall, without authority of the owner or managing agent, and with intent to defraud, take water from any canal, ditch, lateral, drain, flume or reservoir, used for the purpose of holding, draining or conveying water for manufacturing, agricultural, mining, or domestic uses, or who shall, without like authority, raise, lower, or otherwise disturb, any gate or other appurtenance thereof used for the control or measurement of water, or who shall empty or place, or cause to be emptied or placed, into any such canal, ditch, lateral, drain, flume, or reservoir, any rubbish, filth, or obstruction to the free flow of water, is guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 2002, ch. 115, § 1.

I.C. § 18-4302

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 43. Irrigation Works

§ 18-4302. Wasting water used for irrigation

Any person or persons, who shall wilfully or wantonly waste any of the waters of any stream, the waters of which are used for irrigation, to the detriment of any claimant of such water for irrigation purposes, by diverting the same for an unnecessary use or purpose, or by allowing such water to waste by running into depressions or dry channels so that the same cannot be used for irrigation, nor reach the original channel of the stream from which it has been diverted, are guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

Codifications: I.C. § 18-4302.

I.C. § 18-4303

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 43. Irrigation Works

§ 18-4303. Obstruction of overflow, gauge or waterway in dam

Any person or persons who shall obstruct any overflow, gauge or waterway, placed in any dam by order of any water master, so as to impede the flow of water over such dam as regulated by the water master, shall be guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-4304

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 43. Irrigation Works

§ 18-4304. Wrongful diversion of water

Any person who without the consent of the water master of the district, diverts any water from a ditch or channel where it has been placed, or caused or left to run by the water master or his deputies, or who shuts or opens any ditch, gate or dam, or in any way impedes or increases the flow of water in any stream or ditch diverting water from a stream, while the same is under the charge of a water master, or who cuts away any embankment of a stream, whereby the water of such stream is diverted, or breaks, injures, or removes any gate, flume or other device used for the equitable distribution of the water of such stream by the water master, shall be guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-4305

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 43. Irrigation Works

§ 18-4305. Interference with headgate--Cutting banks of stream

If any obstruction shall be wilfully and maliciously placed on any overflow gauge in any stream of water which is used for irrigation and is under control of a water master, and such obstruction retards or impedes the free overflow of the water of such stream, thereby increasing the pressure against a headgate through which water is diverted by means of such dam, or if any headgate regulated by a water master shall be removed, broken, injured or interfered with so as to disturb the distribution of the water as regulated by the water master, or if any bank of the natural stream, the water of which is being used for irrigation and is being distributed by a water master, shall be cut away so as to increase the flow of water from such stream, thereby interfering with the distribution of the water as regulated by a water master, the person or persons so interrupting the flow of said water as aforesaid, shall be guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-4306

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 43. Irrigation Works

§ 18-4306. Injuries to ditches, canals, laterals, drains and appurtenances

Any person or persons, who shall willfully cut, break, damage, or in any way interfere with any ditch, canal, lateral, drain, headgate, or any other works in or appurtenant thereto, the property of another person, irrigation district, drainage district, canal company, corporation, or association of persons, and whereby water is conducted to any place for beneficial use or purposes, and when said canal, headgate, ditch, lateral, drain, dam, or appurtenance is being used or is to be used for said conduct or drainage of water, shall be guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 2002, ch. 115, § 2.

I.C. § 18-4307

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 43. Irrigation Works

§ 18-4307. Injury to measuring devices

Any person or persons who shall cut, break, injure, destroy, enlarge, change, or alter any headgate, sluiceway, weir, water box, or other measuring device, the property of any irrigation district, corporation or association of persons, or in the possession of, or in the use of, said irrigation district, corporation, or association, or the property of another, shall be guilty of a misdemeanor.

Any person or persons who shall change, alter, destroy, disturb, enlarge, or interfere with any headgate, dam, weir, water box, or other measuring device, made, placed, used or regulated by any duly appointed, elected, or authorized water master, deputy water master, ditch walker, ditch rider, engineer, or other authorized agent of any irrigation company, corporation or association or person, when said measuring device is being used or is to be used for the measurement of water, shall be guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-4308

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 43. Irrigation Works

§ 18-4308. Change of ditch, canal, lateral, drain or buried irrigation conduit

Where any ditch, canal, lateral or drain has heretofore been, or may hereafter be, constructed across or beneath the lands of another, the person or persons owning or controlling the said land, shall have the right at his own expense to change said ditch, canal, lateral, drain or buried irrigation conduit to any other part of said land, but such change must be made in such a manner as not to impede the flow of the water therein, or to otherwise injure any person or persons using or interested in such ditch, canal, lateral, drain or buried irrigation conduit. Any increased operation and maintenance shall be the responsibility of the landowner who makes the change.

A landowner shall also have the right to bury the ditch, canal, lateral or drain of another in pipe on the landowner's property, provided that the pipe, installation and backfill reasonably meet standard specifications for such materials and construction, as set forth in the Idaho standards for public works construction or other standards recognized by the city or county in which the burying is to be done. The right and responsibility for operation and maintenance shall remain with the owner of the ditch, canal, lateral or drain, but the landowner shall be responsible for any increased operation and maintenance costs, including rehabilitation and replacement, unless otherwise agreed in writing with the owner.

The written permission of the owner of a ditch, canal, lateral, drain or buried irrigation conduit must first be obtained before it is changed or placed in buried pipe by the landowner.

While the owner of a ditch, canal, lateral, drain or buried irrigation conduit shall have no right to relocate it on the property of another without permission, a ditch, canal, lateral or drain owner shall have the right to place it in a buried conduit within the easement or right-of-way on the property of another in accordance with standard specifications for pipe, materials, installation and backfill, as set forth in the Idaho standards for public works construction or other standards recognized by the city or county in which the burying is to be done, and so long as the pipe and the construction is accomplished in a manner that the surface of the owner's property and the owner's use thereof is not disrupted and is restored to the condition of adjacent property as expeditiously as possible, but no longer than thirty (30) days after the completion of construction. A landowner shall have the right to direct that the conduit be relocated to a different route than the route of the ditch, canal, lateral or drain, provided that the landowner shall agree in writing to be responsible for any increased construction or future maintenance costs necessitated by said relocation. Maintenance of the buried conduit shall be the responsibility of the conduit owner.

Any person or persons who relocate or bury a ditch, canal, lateral or drain contrary to the provisions of this section shall be guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1994, ch. 151, § 2;S.L. 2000, ch. 355, § 1;S.L. 2002, ch. 115, § 3;S.L. 2005, ch. 331, § 2.

I.C. § 18-4309

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 43. Irrigation Works

§ 18-4309. Unauthorized tampering with measuring devices

Every person who shall willfully waste water for irrigation, or who shall willfully open, close, change or disturb, or interfere with, any headgate or water box or valve or measuring or regulating device, without authority, shall be guilty of a misdemeanor. The water masters or their assistants, within their district, shall have power to arrest any person or persons offending and turn them over to the sheriff or the nearest peace officer of the county in which such offense is committed, and immediately upon delivering such person so arrested into the custody of either of such officers, it shall be the duty of the water master making such arrest to make complaint, in writing and under oath, before the magistrate judge of such county, against the person so arrested.

CREDIT(S)

S.L. 1972, ch. 336, § 1. Amended by S.L. 2012, ch. 20, § 3, eff. July 1, 2012.

Codifications: I.C. § 18-4309.

I.C. § 18-4310

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 43. Irrigation Works

§ 18-4310. Neglect to deliver water--Interference with delivery

Any superintendent or any person having control or charge of the said ditch, canal or conduit, who shall wilfully neglect or refuse to deliver water as provided in chapter 9, of title 42, or person or persons who shall prevent or interfere with the proper delivery of water to the person or persons having a right thereto, shall be guilty of a misdemeanor; and the owner or owners of such ditch, canal or conduit shall be liable in damages to the person or persons deprived of the use of water to which they were entitled as provided in said chapter 9.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-4401

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 44. Juries and Jurors

§ 18-4401. Grand juror acting after challenge against him

Every grand juror who, with knowledge that a challenge interposed against him by a defendant has been allowed, is present at, or takes part, or attempts to take part, in the consideration of the charge against the defendant who interposed the challenge, or the deliberations of the grand jury thereon, is guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-4402

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 44. Juries and Jurors

§ 18-4402. Disclosing indictment before arrest of defendant

Every grand juror, prosecuting attorney, clerk, judge or other officer who, except by issuing or in executing a warrant of arrest, wilfully discloses the fact of a presentment or indictment having been made for a felony, until the defendant has been arrested, is guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-4403

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 44. Juries and Jurors

§ 18-4403. Disclosing proceedings before grand jury

Every grand juror who, except when required by a court, wilfully discloses any evidence adduced before the grand jury, or anything which he himself or any other member of the grand jury may have said, or in what manner he or any other grand juror may have voted on a matter before them, is guilty of a misdemeanor.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-4404

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 44. Juries and Jurors

§ 18-4404. Tampering with jury list

Every person who adds any names to the list of persons selected to serve as jurors, either by placing the same in the jury box or otherwise, or extracts any name therefrom, or destroys the jury box or any of the pieces of paper containing the names of jurors, or mutilates or defaces such names so that the same cannot be read, or changes such names on the pieces of paper, except in cases allowed by law, is guilty of a felony.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-4405

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 44. Juries and Jurors

§ 18-4405. Certifying to false jury lists

Every officer or person required by law to certify to the list of persons selected as jurors, who maliciously, corruptly or wilfully certifies to a false or incorrect list, or a list containing other names than those selected, or who, being required by law to write down the names placed on the certified lists on separate pieces of paper, does not write down and place in the jury box the same names that are on the certified list, and no more and no less than are on such list, is guilty of a felony.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-4501

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 45. Kidnaping

§ 18-4501. Kidnaping defined

Every person who wilfully:

1. Seizes, confines, inveigles or kidnaps another, with intent to cause him, without authority of law, to be secretly confined or imprisoned within this state, or to be sent out of this state, or in any way held to service or kept or detained against his will; or,

2. Leads, takes, entices away or detains a child under the age of sixteen (16) years, with intent to keep or conceal it from its custodial parent, guardian or other person having lawful care or control thereof, or with intent to steal any article upon the person of the child; or,

3. Abducts, entices or by force or fraud unlawfully takes or carries away another at or from a place without the state, or procures, advises, aids or abets such an abduction, enticing, taking or carrying away, and afterwards sends, brings, has or keeps such person, or causes him to be kept or secreted within this state; or,

4. Seizes, confines, inveigles, leads, takes, entices away or kidnaps another against his will to extort money, property or any other thing of value or obtain money, property or reward or any other thing of value for the return or disposition of such person is guilty of kidnaping.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1985, ch. 121, § 1.

I.C. § 18-4502

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 45. Kidnaping

§ 18-4502. First degree kidnapping--Ransom

Any kidnapping committed for the purpose of obtaining money, property or any other thing of value for the return or disposition of such person kidnapped, or committed for the purpose of raping, or committing the infamous crime against nature, or committing serious bodily injury upon the person kidnapped, or committing any lewd and lascivious act upon any child under the age of sixteen (16) years with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of any person, shall be kidnapping in the first degree.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1978, ch. 254, § 1; S.L. 1981, ch. 321, § 1.

I.C. § 18-4503

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 45. Kidnaping

§ 18-4503. Second degree kidnaping when not for ransom

Every other kidnaping committed shall be kidnaping in the second degree.

CREDIT(S)

S.L. 1972, ch. 336, § 1.

I.C. § 18-4504

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 45. Kidnaping

§ 18-4504. Punishment--Liberation of kidnapped person

1. Every person guilty of kidnapping in the first degree shall suffer death or be punished by imprisonment in the state prison for life, provided a sentence of death shall not be imposed unless the prosecuting attorney filed written notice of intent to seek the death penalty as required under the provisions of section 18-4504A, Idaho Code, and provided further that the sentence of death shall not be imposed if prior to its imposition the kidnapped person has been liberated unharmed.

2. Kidnapping in the second degree is punishable by imprisonment in the state prison not less than one (1) nor more than twenty-five (25) years.

CREDIT(S)

S.L. 1972, ch. 336, § 1; S.L. 1980, ch. 298, § 1; S.L. 2000, ch. 126, § 1.

I.C. § 18-4504A

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 45. Kidnaping

§ 18-4504A. Notice of intent to seek death penalty

A sentence of death shall not be imposed unless the prosecuting attorney filed written notice of intent to seek the death penalty with the court and served the notice upon the defendant or his attorney of record no later than thirty (30) days after entry of a plea. A notice of intent to seek the death penalty may be withdrawn at any time prior to the imposition of sentence.

CREDIT(S)

S.L. 2000, ch. 126, § 2.

I.C. § 18-4505

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 45. Kidnaping

§ 18-4505. Inquiry into mitigating or aggravating circumstances--Sentence in kidnapping cases--Statutory aggravating circumstances--Judicial findings

1. After a plea or verdict of guilty, where a discretion is conferred upon the court as to the extent of the punishment, the court, upon the oral or written suggestion of either party that there are circumstances which may be properly taken into view either in aggravation or mitigation of the punishment, may, in its discretion, hear the same summarily, at a specified time, and upon such notice to the adverse party as it may direct.

2. Where a person is convicted of an offense which may be punishable by death, a sentence of death shall not be imposed unless a notice of intent to seek the death penalty was filed and served as provided in section 18-4504A, Idaho Code, and the court finds at least one (1) statutory aggravating circumstance. Where the court finds a statutory aggravating circumstance the court shall sentence the defendant to death unless the court finds that mitigating circumstances which may be presented outweigh the gravity of any aggravating circumstance found and make imposition of death unjust.

3. In all cases in which the death penalty may be imposed, the court shall, after conviction, order a presentence investigation to be conducted according to such procedures as are prescribed by law and shall thereafter convene a sentencing hearing for the purpose of hearing all relevant evidence and arguments of counsel in aggravation and mitigation of the offense. At such hearing, the state and the defendant shall be entitled to present all relevant evidence in aggravation and mitigation. Should any party present aggravating or mitigating evidence which has not previously been disclosed to the opposing party or parties, the court shall, upon request, adjourn the hearing until the party desiring to do so has had a reasonable opportunity to respond to such evidence. Evidence admitted at trial shall be considered and need not be repeated at the sentencing hearing. Evidence offered at trial but not admitted may be repeated or amplified if necessary to complete the record.

4. Upon the conclusion of the evidence and arguments in mitigation and aggravation the court shall make written findings setting forth any statutory aggravating circumstance found. Further, the court shall set forth in writing any mitigating factors considered and, if the court finds that mitigating circumstances outweigh the gravity of any aggravating circumstance found so as to make unjust the imposition of the death penalty, the court shall detail in writing its reasons for so finding.

5. Upon making the prescribed findings, the court shall impose sentence within the limits fixed by law.

6. The following are statutory aggravating circumstances, at least one (1) of which must be found to exist beyond a reasonable doubt before a sentence of death can be imposed:

(a) The victim of the kidnapping was subjected by the kidnapper or those acting in concert with him to torture, maiming or the intentional infliction of grievous mental or physical injury.

(b) The defendant knowingly created a great risk of death to any person, including the kidnapped.

(c) The kidnapping was committed for remuneration or the promise of remuneration or the defendant employed another to commit the kidnapping for remuneration or the promise of remuneration.

(d) The kidnapping was especially heinous, atrocious or cruel, manifesting exceptional depravity.

(e) The kidnapping was committed for the purpose of murdering or maiming a witness or potential witness in a judicial proceeding.

CREDIT(S)

S.L. 1980, ch. 298, § 2; S.L. 2000, ch. 126, § 3.

I.C. § 18-4506

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 45. Kidnaping

§ 18-4506. Child custody interference defined--Defenses--Punishment

1. A person commits child custody interference if the person, whether a parent or other, or agent of that person, intentionally and without lawful authority:

(a) Takes, entices away, keeps or withholds any minor child from a parent or another person or institution having custody, joint custody, visitation or other parental rights, whether such rights arise from temporary or permanent custody order, or from the equal custodial rights of each parent in the absence of a custody order; or

(b) Takes, entices away, keeps or withholds a minor child from a parent after commencement of an action relating to child visitation or custody but prior to the issuance of an order determining custody or visitation rights.

2. It shall be an affirmative defense to a violation of the provisions of subsection 1. of this section that:

(a) The action is taken to protect the child from imminent physical harm;

(b) The action is taken by a parent fleeing from imminent physical harm to himself;

(d) The child is returned within twenty-four (24) hours after expiration of an authorized visitation privilege.

3. A violation of the provisions of subsection 1. of this section shall be a felony, unless the defendant did not take the child outside the state, and the child was voluntarily returned unharmed prior to the defendant's arrest in which case the violation shall be reduced to a misdemeanor.

4. Any reasonable expenses incurred by a lawful custodian in locating or attempting to locate a child taken in violation of the provisions of subsection 1. of this section may be assessed against the defendant at the court's discretion in accordance with chapter 53, title 19, Idaho Code.

CREDIT(S)

S.L. 1987, ch. 88, § 1.

I.C. § 18-4507

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 45. Kidnaping

§ 18-4507. Short title

Sections 18-4507, 18-4508, 18-4509, 18-4510 and 18-4511, Idaho Code, may be cited as the “Missing Child Reporting Act.”

CREDIT(S)

S.L. 1988, ch. 281, § 1.

I.C. § 18-4508

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 45. Kidnaping

§ 18-4508. Definitions

As used in sections 18-4507, 18-4508, 18-4509, 18-4510 and 18-4511, Idaho Code:

(1) “Law enforcement agency” means any law enforcement agency of the state or any political subdivision of the state, including the Idaho state police and any municipal or county sheriff department.

(2) “Missing child” means an individual who is less than eighteen (18) years of age who is reported to any law enforcement agency as abducted or lost.

(3) “Runaway child” means an individual who is less than eighteen (18) years of age who is reported to any law enforcement agency as a runaway.

(4) “State registrar” means the employee so designated by the director of the department of health and welfare.

CREDIT(S)

S.L. 1988, ch. 281, § 1; S.L. 1989, ch. 219, § 1; S.L. 2000, ch. 469, § 23.

I.C. § 18-4509

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 45. Kidnaping

§ 18-4509. Missing child reports--Law enforcement agencies--Duties

(1) Upon receiving a report of a missing or runaway child, a law enforcement agency shall immediately enter identifying and descriptive information about the child into the national crime information center computer. Law enforcement agencies having direct access to the national crime information center computer shall enter and retrieve the data directly and shall cooperate in the entry and retrieval of data on behalf of law enforcement agencies which do not have direct access to the system.

(2) If the local law enforcement agency has reason to believe that a missing or runaway child is enrolled in an Idaho elementary or secondary school, it shall notify that school of the report, at which time the school shall flag the missing child's record pursuant to section 18-4511, Idaho Code.

(3) The Idaho state police shall report the entries made by local law enforcement in the national crime information center to the state registrar. Upon learning of the return of a missing or runaway child, the Idaho state police shall so notify the state registrar of this state if the child was born in Idaho, or the appropriate officer in the state where the child was born, and the school informed under the provisions of subsection (2) of this section.

(4) The Idaho state police shall by rule determine the frequency, manner and form of notices and reports required by this act.

(5) Immediately after a missing or runaway child is returned, the law enforcement agency having jurisdiction over the investigation shall clear the entry from the national crime information center computer.

CREDIT(S)

S.L. 1988, ch. 281, § 1; S.L. 1989, ch. 219, § 2; S.L. 1999, ch. 12, § 1;S.L. 2000, ch. 469, § 24.

I.C. § 18-4510

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 45. Kidnaping

§ 18-4510. Birth records of missing children--State registrar's duties

1. Upon notification by a law enforcement agency that a child born in the state is missing or has run away, the state registrar shall flag the child's birth certificate record in such a manner that whenever a copy of the birth certificate or information concerning the birth record is requested, the state director shall be alerted to the fact that the certificate is that of a missing or runaway child.

2. In response to any inquiry, the state registrar or any clerk appointed by him or any employee of vital statistics shall not provide a copy of a birth certificate or information concerning the birth record of any missing or runaway child whose birth record has been flagged pursuant to this section, and shall immediately notify the law enforcement agency having jurisdiction over the investigation of the missing or runaway child. Inquiries shall be handled in the following manner:

(a) When a copy of the birth certificate of a missing or runaway child whose record has been flagged is requested in person, the employee receiving the request shall immediately notify his supervisor or the state registrar. The person making the request shall complete a form supplying his name, address, telephone number and relationship to the missing or runaway child and the name, address and birth date of the missing or runaway child. The driver's license of the person making the request, if available, shall be photocopied and returned to him. He shall be informed that the birth certificate will be mailed to him when it is released. The employee shall note the physical description of the person making the request, and, upon that person's departure from the vital statistics office, the supervisor or state registrar shall immediately notify the law enforcement agency having jurisdiction of the request and provide it with the information obtained pursuant to subsection 2(a) of this section. The state registrar shall retain the form completed by the person making the request.

(b) When a copy of the birth certificate of a missing or runaway child whose birth record has been flagged is requested in writing, the state registrar shall immediately notify the law enforcement agency having jurisdiction of the request and shall provide a copy of the written request. The state registrar shall retain the original written request.

3. Upon notification by a law enforcement agency that a missing or runaway child has been returned or when the child reaches his eighteenth birthday, the state registrar shall remove the flag from the child's birth record.

CREDIT(S)

S.L. 1988, ch. 281, § 1; S.L. 1989, ch. 219, § 3.

I.C. § 18-4511

West's Idaho Code Annotated Currentness

Title 18. Crimes and Punishments

Chapter 45. Kidnaping

§ 18-4511. School duties--Records of missing child--Identification upon enrollment--Transfer of student records

(1) Upon notification by the Idaho state police of a missing or runaway child report, the school in which the child is currently enrolled shall flag the record of that child in such a manner that whenever a copy of or information regarding the record is requested, the school shall be alerted to the fact that the record is that of a missing or runaway child. The school shall immediately report to the local law enforcement agency any request concerning flagged records or knowledge as to the whereabouts of the missing or runaway child. Upon notification by the Idaho state police of the return of the missing or runaway child, the school shall remove the flag from the child's record.

(2) Upon enrollment of a student for the first time in a public or private elementary or secondary school, the