title-18•Title 18 — Crimes and Punishments
Idaho Code, published by the Idaho Legislative Services Office. Idaho Statutes are updated to the website July 1 following the legislative session.
(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the criminal laws of the state of Idaho that existed on December 31, 1971, unless otherwise specifically amended or repealed by this act.
Any provision of law that was in effect on December 31, 1971, is not repealed by inference or implication by enactment of this code.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.
[I.C., sec. 18-100, as added by 1972, ch. 381, sec. 1, p. 1102.]
The following words have in this code the signification attached to them in this section, unless otherwise apparent from the context:
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.
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.
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.
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.
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.
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.
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.
[18-101, added 1972, ch. 336, sec. 1, p. 846.]
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 of pardons and parole or similar body of another state, the United States, or a foreign jurisdiction, 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, 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) "Repeat offender" means, for the purposes of sections 18-8002, 18-8002A, 18-8004C and 18-8005, Idaho Code, a person who has been convicted of driving while intoxicated or driving under the influence of alcohol and/or drugs more than once in any five (5) year period for the purposes of sections 18-8002A and 18-8004C, Idaho Code, or any ten (10) year period for the purposes of sections 18-8002 and 18-8005, Idaho Code.
(11) "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.
(12) "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.
(13) "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.
[18-101A, added 2000, ch. 272, sec. 1, p. 787; am. 2005, ch. 177, sec. 1, p. 547; am. 2008, ch. 60, sec. 1, p. 151; am. 2014, ch. 63, sec. 1, p. 151; am. 2018, ch. 254, sec. 8, p. 603.]
(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.
[18-101B, added 2000, ch. 272, sec. 2, p. 788.]
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.
[18-102, added 1972, ch. 336, sec. 1, p. 847.]
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.
[18-103, added 1972, ch. 336, sec. 1, p. 847.]
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.
[18-104, added 1972, ch. 336, sec. 1, p. 847.]
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.
[18-105, added 1972, ch. 336, sec. 1, p. 847.]
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.
[18-106, added 1972, ch. 336, sec. 1, p. 847.]
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.
[18-107, added 1972, ch. 336, sec. 1, p. 847.]
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:
Death.
Imprisonment.
Fine.
Removal from office; or
Disqualification to hold and enjoy any office of honor, trust or profit in this state.
[18-109, added 1972, ch. 336, sec. 1, p. 848.]
Crimes are divided into:
Felonies; and
Misdemeanors.
[18-110, added 1972, ch. 336, sec. 1, p. 848.]
A felony is a crime which is punishable with death or by imprisonment in the state prison. An infraction is a civil public offense, not constituting a crime, which is punishable only by a penalty not exceeding three hundred dollars ($300) and for which no period of incarceration may be imposed. Every other crime is a misdemeanor. When a crime punishable by imprisonment in the state prison is also punishable by fine or imprisonment in a county jail, in the discretion of the court, it shall be deemed a misdemeanor for all purposes after a judgment imposing a punishment other than imprisonment in the state prison.
[18-111, added 1972, ch. 336, sec. 1, p. 848; am. 1982, ch. 353, sec. 6, p. 878; am. 2014, ch. 236, sec. 1, p. 596.]
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.
[I.C., sec. 18-111A, as added by 1972, ch. 381, sec. 2, p. 1102.]
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.
[I.C., sec. 18-111B, as added by 1972, ch. 381, sec. 3, p. 1102.]
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.
[18-112, added 1972, ch. 336, sec. 1, p. 848; am. 1994, ch. 134, sec. 1, p. 307.]
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.
[18-112A, added 1986, ch. 312, sec. 1, p. 763; am. 1994, ch. 134, sec. 2, p. 307.]
(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.
[18-113, added 1972, ch. 336, sec. 1, p. 848; am. 1994, ch. 141, sec. 1, p. 315; am. 2005, ch. 359, sec. 1, p. 1133.]
Every offense declared to be an infraction is punishable only by a penalty not exceeding three hundred dollars ($300) as provided in this section and no imprisonment. The penalty for an infraction shall be:
(1) The amount set by statute;
(2) Subject to subsection (1) of this section, the amount set as a fixed penalty for that infraction as of January 1, 2014, by the Idaho supreme court infraction rule 9, excepting subsection (38) of infraction rule 9 for "other infractions";
(3) The amount set by city or county ordinance for which the city or county has authority to impose a penalty and which is not otherwise set under subsection (1) or (2) of this section; or
(4) Fifteen dollars and fifty cents ($15.50) for an infraction without a specific penalty set under subsection (1), (2) or (3) of this section.
[18-113A, added 1982, ch. 353, sec. 7, p. 878; am. 2014, ch. 236, sec. 2, p. 596; am. 2015, ch. 198, sec. 1, p. 608.]
(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.
[18-113B, added 1984, ch. 82, sec. 1, p. 157; am. 2004, ch. 23, sec. 2, p. 26.]
In every crime or public offense there must exist a union, or joint operation, of act and intent, or criminal negligence.
[18-114, added 1972, ch. 336, sec. 1, p. 848.]
Intent or intention is manifested by the commission of the acts and surrounding circumstances connected with the offense.
[I.C., sec. 18-115, as added by 1972, ch. 336, sec. 1, p. 848; am. 1994, ch. 131, sec. 1, p. 296.]
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.
[18-116, added 1972, ch. 336, sec. 1, p. 849; am. 1997, ch. 53, sec. 1, p. 92.]
All persons are capable of committing crimes, except those belonging to the following classes:
Persons who committed the act or made the omission charged, under an ignorance or mistake of fact which disproves any criminal intent.
Persons who committed the act charged without being conscious thereof.
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.
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.
[I.C., sec. 18-201, as added by 1972, ch. 336, sec. 1, p. 849.]
The following persons are liable to punishment under the laws of this state:
All persons who commit, in whole or in part, any crime within this state.
All who commit larceny or robbery out of this state, and bring to, or are found with the property stolen, in this state.
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.
[18-202, added 1972, ch. 336, sec. 1, p. 849.]
The parties to crimes are classified as:
Principals; and
Accessories.
[18-203, added 1972, ch. 336, sec. 1, p. 849.]
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.
[18-204, added 1972, ch. 336, sec. 1, p. 849; am. 1994, ch. 131, sec. 2, p. 297.]
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.
[18-205, added 1972, ch. 336, sec. 1, p. 850; am. 1981, ch. 169, sec. 1, p. 301; am. 1994, ch. 131, sec. 3, p. 297; am. 2001, ch. 119, sec. 1, p. 413; am. 2003, ch. 217, sec. 1, p. 566.]
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.
[18-206, added 1972, ch. 336, sec. 1, p. 850; am. 1994, ch. 131, sec. 4, p. 297.]
(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.
[18-207, added 1982, ch. 368, sec. 2, p. 919; am. 1996, ch. 225, sec. 1, p. 737.]
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.
[I.C., sec. 18-210, as added by 1972, ch. 336, sec. 1, p. 851.]
(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 that 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 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 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) In addition to the psychiatrist, licensed psychologist, or evaluation committee, the court may appoint additional experts to examine the defendant.
(11) If, at any time during the examination process, the examiner has reason to believe that the defendant’s alleged incompetency may be the result of a developmental disability and the matter has not already been referred to an evaluation committee for review, the examiner shall immediately notify the court. The court shall then appoint an evaluation committee or shall order the department of health and welfare to designate, within two (2) business days, an evaluation committee consistent with section 66-402(7), Idaho Code.
(12) 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.
(13) 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.
Examination of defendant — Appointment of psychiatrists and licensed psychologists — Hospitalization — Report. [effective January 1, 2027]
(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 that 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 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 the event a defendant is suspected of being developmentally disabled, the examination shall proceed with those experts set out in section 66-402(6), Idaho Code.
(10) In addition to the psychiatrist, licensed psychologist, or evaluation committee, the court may appoint additional experts to examine the defendant.
(11) If, at any time during the examination process, the examiner has reason to believe that the defendant’s alleged incompetency may be the result of a developmental disability and the matter has not already been referred to an evaluation committee for review, the examiner shall immediately notify the court. The court shall then appoint an evaluation committee or shall order the department of health and welfare to designate, within two (2) business days, an evaluation committee consistent with section 66-402(6), Idaho Code.
(12) 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 section 66-402(8), Idaho Code, the court may authorize consent to be given pursuant to chapter 5, title 15, Idaho Code.
(13) 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.
[18-211, added 1972, ch. 336, sec. 1, p. 851; am. 1974, ch. 165, sec. 1, p. 1405; am. 1980, ch. 312, sec. 1, p. 797; am. 1982, ch. 368, sec. 3, p. 920; am. 1987, ch. 40, sec. 1, p. 67; am. 1996, ch. 225, sec. 2, p. 738; am. 1998, ch. 90, sec. 7, p. 323; am. 1999, ch. 293, sec. 4, p. 737; am. 2000, ch. 234, sec. 1, p. 656; am. 2019, ch. 299, sec. 1, p. 888; am. 2022, ch. 26, sec. 1, p. 72; am. 2026, ch. 79, sec. 12, p. 396.]
(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 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.
Determination of fitness of defendant to proceed — Suspension of proceeding and commitment of defendant — Postcommitment hearing. [effective January 1, 2027]
(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 section 66-402(7), 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 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.
[18-212, added 1972, ch. 336, sec. 1, p. 852; am. 1974, ch. 165, sec. 2, p. 1405; am. 1977, ch. 13, sec. 1, p. 25; am. 1980, ch. 312, sec. 2, p. 798; am. 1982, ch. 368, sec. 4, p. 921; am. 1987, ch. 40, sec. 2, p. 69; am. 1999, ch. 293, sec. 5, p. 739; am. 2000, ch. 234, sec. 2, p. 657; am. 2022, ch. 26, sec. 2, p. 73; am. 2026, ch. 79, sec. 13, p. 398.]
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.
[I.C., sec. 18-215, as added by 1972, ch. 336, sec. 1, p. 855; am. 1980, ch. 312, sec. 5, p. 802; am. 1982, ch. 368, sec. 5, p. 923.]
(1) For purposes of care, treatment or normal health care operations, records of mental health evaluation, care and treatment shall be provided upon request to and from the mental health professionals of a governmental entity and another entity providing care or treatment for any person who is:
(a) Under court commitment to a state agency pursuant to section 18-212(4), Idaho Code;
(b) A pretrial detainee;
(c) Awaiting sentencing;
(d) In the care, custody or supervision of any correctional facility as defined in section 18-101A, Idaho Code;
(e) On probation or parole;
(f) Being supervised as part of a drug court, mental health court, juvenile detention program, work release program, or similar court program; or
(g) Applying for mental health services after release from a correctional facility.
(2) No court order or authorization from the offender to transfer the records shall be required except for records pursuant to 42 CFR part 2.
[18-217, added 2006, ch. 92, sec. 1, p. 266; am. 2025, ch. 82, sec. 91, p. 377.]
A criminal act is not the less punishable as a crime because it is also declared to be punishable as a contempt.
[18-302, added 1972, ch. 336, sec. 1, p. 856.]
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.
[I.C., sec. 18-303, as added by 1972, ch. 336, sec. 1, p. 857; am. 1972, ch. 381, sec. 5, p. 1102.]
Whenever an act is declared a misdemeanor, and no punishment for counseling, aiding in, soliciting or inciting the commission of such acts 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.
[18-304, added 1972, ch. 336, sec. 1, p. 857.]
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.
[18-305, added 1972, ch. 336, sec. 1, p. 857.]
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.
[18-306, added 1972, ch. 336, sec. 1, p. 857; am. 1994, ch. 131, sec. 6, p. 298.]
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.
[18-307, added 1972, ch. 336, sec. 1, p. 858.]
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.
[I.C., sec. 18-308, as added by 1972, ch. 336, sec. 1, p. 858; am. 1972, ch. 381, sec. 6, p. 1102.]
(1) In computing the term of imprisonment, the person against whom the judgment was entered shall receive credit in the judgment for any period of incarceration prior to entry of judgment, if such incarceration was for the offense or an included offense for which the judgment was entered. The remainder of the term commences upon the pronouncement of sentence and if thereafter, during such term, the defendant by any legal means is temporarily released from such imprisonment and subsequently returned thereto, the time during which he was at large must not be computed as part of such term.
(2) In computing the term of imprisonment when judgment has been withheld and is later entered or sentence has been suspended and is later imposed, the person against whom the judgment is entered or imposed shall receive credit in the judgment for any period of incarceration served as a condition of probation under the original withheld or suspended judgment.
[18-309, added 1972, ch. 336, sec. 1, p. 858; am. 1972, ch. 381, sec. 7, p. 1102; am. 1975, ch. 201, sec. 1, p. 559; am. 1996, ch. 168, sec. 1, p. 553; am. 2015, ch. 99, sec. 1, p. 240.]
(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 (hh) 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);
(c) Assault with intent to commit a serious felony (18-909, 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) Domestic battery, felony (18-918, Idaho Code);
(g) Enticing of children, felony (18-1509, Idaho Code);
(h) Forcible sexual penetration by use of a foreign object (18-6604, Idaho Code);
(i) Indecent exposure, felony (18-4116, Idaho Code);
(j) Injury to child, felony (18-1501, Idaho Code);
(k) Intimidating a witness, felony (18-2604, Idaho Code);
(l) Lewd conduct with a minor or child under sixteen (18-1508, Idaho Code);
(m) Sexual abuse of a child under sixteen (18-1506, Idaho Code);
(n) Sexual exploitation of a child (18-1507, Idaho Code);
(o) Felonious rescuing prisoners (18-2501, Idaho Code);
(p) Escape by one charged with, convicted of or on probation for a felony (18-2505, Idaho Code);
(q) Unlawful possession of a firearm (18-3316, Idaho Code);
(r) Degrees of murder (18-4003, Idaho Code);
(s) Voluntary manslaughter (18-4006(1), Idaho Code);
(t) Assault with intent to murder (18-4015, Idaho Code);
(u) Administering poison with intent to kill (18-4014, Idaho Code);
(v) Kidnapping (18-4501, Idaho Code);
(w) Mayhem (18-5001, Idaho Code);
(x) Rape (18-6101, Idaho Code);
(y) Robbery (18-6501, Idaho Code);
(z) Ritualized abuse of a child (18-1506A, Idaho Code);
(aa) Cannibalism (18-5003, Idaho Code);
(bb) Felonious manufacture, delivery or possession with the intent to manufacture or deliver, or possession of a controlled or counterfeit substance (37-2732, Idaho Code);
(cc) Trafficking (37-2732B, Idaho Code);
(dd) Threats against state officials of the executive, legislative or judicial branch, felony (18-1353A, Idaho Code);
(ee) Unlawful discharge of a firearm at a dwelling house, occupied building, vehicle or mobile home (18-3317, Idaho Code);
(ff) Unlawful possession of destructive devices (18-3319, Idaho Code);
(gg) Unlawful use of destructive device or bomb (18-3320, Idaho Code);
(hh) 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 (gg) of this subsection.
(ii) The provisions of this subsection shall apply only to those persons convicted of the enumerated felonies in paragraphs (a) through (hh) of this subsection on or after July 1, 1991, except that persons convicted of the felonies enumerated in paragraphs (r) and (s) 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 (hh) 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, except for persons convicted of treason, 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.
[18-310, added 1972, ch. 336, sec. 1, p. 858; am. 1981, ch. 182, sec. 1, p. 318; am. 1982, ch. 368, sec. 6, p. 924; am. 1991, ch. 202, sec. 1, p. 481; am. 1993, ch. 120, sec. 2, p. 309; am. 1993, ch. 184, sec. 1, p. 465; am. 1998, ch. 171, sec. 1, p. 592; am. 2003, ch. 113, sec. 1, p. 356; am. 2003, ch. 253, sec. 1, p. 653; am. 2004, ch. 166, sec. 1, p. 541; am. 2016, ch. 296, sec. 8, p. 836; am. 2022, ch. 124, sec. 12, p. 446; am. 2026, ch. 64, sec. 1, p. 264.]
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.
[18-312, added 1972, ch. 336, sec. 1, p. 858.]
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.
[18-313, added 1972, ch. 336, sec. 1, p. 859.]
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.
[18-314, added 1972, ch. 336, sec. 1, p. 859.]
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.
[18-315, added 1972, ch. 336, sec. 1, p. 859.]
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.
[18-317, added 1972, ch. 336, sec. 1, p. 859.]
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.
[I.C., sec. 18-401, as added by 1972, ch. 336, sec. 1, p. 859; am. 1972, ch. 381, sec. 8, p. 1089; am. 2000, ch. 294, sec. 1, p. 1011.]
In any case enumerated in the previous section, the court may render one of the following orders:
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.
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.
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.
[18-402, added 1972, ch. 336, sec. 1, p. 860.]
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.
[18-403, added 1972, ch. 336, sec. 1, p. 860.]
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.
[I.C., sec. 18-4004, as added by 1972, ch. 336, sec. 1, p. 928; am. 1973, ch. 276, sec. 2, p. 588; am. 1977, ch. 154, sec. 3, p. 391; am. 1986, ch. 232, sec. 2, p. 639.]
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.
[18-405, added 1972, ch. 336, sec. 1, p. 861.]
This act shall be known and may be cited as the "Pain-Capable Unborn Child Protection Act."
[18-501, added 2011, ch. 324, sec. 1, p. 945.]
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.
[18-502, added 2011, ch. 324, sec. 1, p. 945.]
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.
[18-503, added 2011, ch. 324, sec. 1, p. 946.]
(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.
[18-504, added 2011, ch. 324, sec. 1, p. 947.]
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.
[18-505, added 2011, ch. 324, sec. 1, p. 947.]
(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.
[18-506, added 2011, ch. 324, sec. 1, p. 947.]
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.
[18-507, added 2011, ch. 324, sec. 1, p. 948.]
(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.
[18-508, added 2011, ch. 324, sec. 1, p. 948.]
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.
[18-509, added 2011, ch. 324, sec. 1, p. 949.]
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.
[18-510, added 2011, ch. 324, sec. 1, p. 949.]
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.
[18-601, added 2001, ch. 273, sec. 1, p. 996.]
(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;
(c) Defending the authority of parents to direct the rearing of children who are members of their household;
(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.
[(18-602) 18-601, added 2000, ch. 7, sec. 1, p. 11; am. and redesig. 2001, ch. 273, sec. 2, p. 997; am. 2005, ch. 393, sec. 1, p. 1319 (2007, ch. 193, sec. 1, repealed 2005, ch. 393)]
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.
[I.C., sec. 18-603, as added by 1972, ch. 336, sec. 1, p. 862; am. 1974, ch. 69, sec. 1, p. 1150.]
As used in this chapter:
(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:
(a) 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;
(b) The removal of a dead unborn child;
(c) The removal of an ectopic or molar pregnancy; or
(d) The treatment of a woman who is no longer pregnant.
(2) "Department" means the Idaho department of health and welfare.
(3) "Down syndrome" means a chromosomal disorder associated either with an extra chromosome 21, in whole or in part, or an effective trisomy for chromosome 21. Down syndrome is sometimes referred to as "trisomy 21."
(4) "Emancipated" means any minor who has been married or is in active military service.
(5) "Fetus" and "unborn child." Each term means an individual organism of the species Homo sapiens from fertilization until live birth.
(6) "First trimester of pregnancy" means the first thirteen (13) weeks of a pregnancy.
(7) "Hospital" means an acute care general hospital in this state, licensed as provided in chapter 13, title 39, Idaho Code.
(8) "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 that can be understood by the person making the decision, with consideration of age, level of maturity and intellectual capability.
(9) "Medical emergency" means a condition that, 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.
(10) "Minor" means a woman under eighteen (18) years of age.
(11) "Pregnant" and "pregnancy." Each term shall mean the reproductive condition of having a developing fetus in the body and commences with fertilization.
(12) "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.
(13) "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.
(14) "Third trimester of pregnancy" means that portion of a pregnancy from and after the point in time when the fetus becomes viable.
(15) 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.
[18-604, added 1973, ch. 197, sec. 3, p. 442; am. 2000, ch. 7, sec. 2, p. 12; am. 2005, ch. 393, sec. 2, p. 1320; am. 2006, ch. 438, sec. 1, p. 1322; am. 2021, ch. 258, sec. 1, p. 792; am. 2023, ch. 298, sec. 1, p. 906.]
(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.
[18-605, added 1973, ch. 197, sec. 4, p. 442; am. 2001, ch. 277, sec. 1, p. 1000; am. 2005, ch. 393, sec. 3, p. 1321; am. 2007, ch. 193, sec. 3, p. 565.]
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.
[18-606, added 1973, ch. 197, sec. 5, p. 442.]
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.
[18-607, added 1973, ch. 197, sec. 6, p. 442.]
(1) Abortions 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 (1) 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) An abortion performed upon a woman who is in the second trimester of pregnancy shall only be lawful if the same is performed in a hospital.
(3) An abortion performed upon a woman who is in the third trimester of pregnancy shall only be lawful if 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.
(4) Nothing in this section shall make legal any abortion that is otherwise illegal under any other law of this state, including section 18-622, Idaho Code.
[18-608, added 1973, ch. 197, sec. 7, p. 442; am. 2021, ch. 258, sec. 2, p. 793; am. 2022, ch. 177, sec. 1, p. 574.]
It is unlawful for any person other than a physician to cause or perform an abortion.
[18-608A, added 2000, ch. 7, sec. 3, p. 13.]
(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;
(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 childbearing;
(d) A list, compiled by the department of health and welfare, of health care providers, facilities and clinics that offer to perform ultrasounds free of charge and that have contacted the department annually with a request to be included in the list. The list shall be arranged geographically and shall include the name, address, hours of operation, telephone number and e-mail address of each entity;
(e) A statement that the patient has a right to view an ultrasound image and to observe the heartbeat monitoring of her unborn child and that she may obtain an ultrasound free of charge. The statement shall indicate that printed materials required by the provisions of this section contain a list, compiled by the department of health and welfare, of health care providers, facilities and clinics that offer to perform such ultrasounds free of charge;
(f) Information directing the patient where to obtain further information and assistance in locating a health care provider whom she can consult about chemical abortion, including the interventions, if any, that may affect the effectiveness or reversal of a chemical abortion, and informs the patient that if she wants to consult with such health care providers, she should contact those health care providers before she takes the abortifacient; and
(g) A section specific to unborn children diagnosed with Down syndrome in order to help educate mothers about the development of children with Down syndrome and the resources available in both the private and public sectors to assist parents of children with Down syndrome with the delivery and care of a child born with Down syndrome. The section shall include:
(i) Easily comprehended, medically accurate information regarding the development of a child with Down syndrome, including treatment and therapy strategies available during a pregnancy and after birth; and
(ii) Descriptions of the services available to assist Idaho families with children born with Down syndrome, including adoption services, support agencies, and organizations in both the public and private sectors. Such directory shall include the name, address, telephone number, website, and email address of agencies, ministries, and organizations that provide financial, medical, emotional, and spiritual support services to mothers and families with a child with Down syndrome.
The department shall ensure that a Spanish language version of the informed consent materials required in this subsection is made available to women considering an abortion.
(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) Except in the case of medical emergency, no abortion shall be performed unless, prior to an initial consultation or any testing, and not less than twenty-four (24) hours prior to the performance of the abortion, the woman is informed by telephone or in person, by the physician who is to perform the abortion or by an agent of the physician, that ultrasound imaging and heartbeat monitoring are available to the woman enabling the pregnant woman to view her unborn child or observe the heartbeat of the unborn child. The physician or agent of the physician shall inform the pregnant woman that the website and printed materials described in subsection (2)(d), (e) and (f) of this section contain telephone numbers, addresses and e-mail addresses of facilities that offer such services at no cost. If the woman contacts the abortion facility by e-mail, the physician or agent of the physician shall inform the woman of the requirements of this subsection by e-mail with the required information in a larger font than the rest of the e-mail. No fee for an abortion shall be collected prior to providing the information required in this subsection.
(6) 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.
(7) 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.
(8) 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.
(9) The knowing failure of the attending physician to perform any one (1) or more of the acts required under subsection (7) 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.
[18-609, added 1973, ch. 197, sec. 8, p. 442; am. 1982, ch. 242, sec. 1, p. 628; am. 1983, ch. 149, sec. 1, p. 403; am. 2000, ch. 7, sec. 4, p. 13; am. 2006, ch. 438, sec. 3, p. 1324; am. 2007, ch. 224, sec. 1, p. 676; am. 2008, ch. 348, sec. 1, p. 958; am. 2016, ch. 283, sec. 1, p. 782; am. 2018, ch. 159, sec. 1, p. 315; am. 2021, ch. 258, sec. 3, p. 794.]
(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 74-110, 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.
[18-609A, added 2007, ch. 193, sec. 5, p. 566; am. 2010, ch. 352, sec. 4, p. 922; am. 2015, ch. 141, sec. 14, p. 389.]
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.
[18-609F, added 2007, ch. 193, sec. 5, p. 567.]
(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.
[18-609G, added 2007, ch. 193, sec. 5, p. 568; am. 2010, ch. 352, sec. 5, p. 923.]
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.
[18-610, added 1973, ch. 197, sec. 9, p. 442.]
(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.
(c) "Embryo" means the developing human life from fertilization until the end of the eighth week of gestation.
(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.
[18-611, added 2010, ch. 127, sec. 1, p. 273; am. 2011, ch. 225, sec. 1, p. 612.]
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.
[18-612, added 1973, ch. 197, sec. 11, p. 442.]
(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, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.
(2) Definitions. As used in this section:
(a) "Fetus" has the same meaning as provided in section 18-604(5), Idaho Code.
(b) "Partial-birth abortion" means an abortion in which the person performing the abortion:
(i) Deliberately and intentionally vaginally delivers a living fetus until, in the case of a head-first presentation, the entire fetal head is outside the body of the mother or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the mother, for the purpose of performing an overt act that the physician knows will kill the partially delivered living fetus; and
(ii) Performs the overt act, other than completion of delivery, that kills the partially delivered living 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 provisions 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 partial-birth 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 father is barred if the pregnancy resulted from the father’s criminal conduct or if the father consented to the abortion. Further, a civil action by the maternal grandparents is barred if the pregnancy is the result of a maternal grandparent’s criminal conduct or if 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 on whether the physician’s conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.
(b) The findings of the board of medicine regarding the issues described in paragraph (a) of this subsection 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.
[18-613, added 1998, ch. 34, sec. 1, p. 154; am. 2019, ch. 60, sec. 1, p. 150; am. 2021, ch. 258, sec. 4, p. 797.]
(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.
[18-614, added 2001, ch. 277, sec. 4, p. 1007; am. 2005, ch. 393, sec. 5, p. 1328; am. 2007, ch. 193, sec. 6, p. 569.]
(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
(c) Unlawfully inflicts physical injury on the pregnant woman.
(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.
[18-615, added 2008, ch. 388, sec. 1, p. 1067.]
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.
[(18-616) 18-615, added 2000, ch. 7, sec. 8, p. 21; am. and redesig. 2008, ch. 388, sec. 2, p. 1068.]
(1) As used in this section:
(a) "Abortifacient" means mifepristone, misoprostol and/or other chemical or drug dispensed with the intent of causing an abortion as defined in section 18-604(1), Idaho Code. Nothing in the definition shall apply when used to treat ectopic pregnancy;
(b) "Chemical abortion" means the exclusive use of an abortifacient or combination of abortifacients to effect an abortion;
(c) "Physician" has the same meaning as provided in section 18-604(12), Idaho Code.
(2) No physician shall give, sell, dispense, administer, prescribe or otherwise provide an abortifacient for the purpose of effecting a chemical abortion unless the physician:
(a) Has the ability to assess the duration of the pregnancy accurately in accordance with the applicable standard of care for medical practice in the state;
(b) Has determined, if clinically feasible, that the unborn child to be aborted is within the uterus and not ectopic;
(c) Has the ability to provide surgical intervention in cases of incomplete abortion or severe bleeding, or, if the physician does not have admitting privileges at a local hospital, has made and documented in the patient’s medical record plans to provide such emergency care through other qualified physicians who have agreed in writing to provide such care;
(d) Informs the patient that she may need access to medical facilities equipped to provide blood transfusions and resuscitation, if necessary, as a result of or in connection with the abortion procedure on a twenty-four (24) hour basis. If the appropriate medical facility is other than a local hospital emergency room, the physician shall provide the patient with the name, address and telephone number of such facility in writing; and
(e) Has complied with the informed consent provisions of section 18-609, Idaho Code.
(3) The physician inducing the abortion, or a person acting on behalf of the physician inducing the abortion, shall make reasonable efforts to ensure that the patient returns for a follow-up visit so that a physician can confirm that the pregnancy has been terminated and assess the patient’s medical condition.
[18-617, added 2015, ch. 270, sec. 2, p. 1123; am. 2017, ch. 242, sec. 2, p. 599; am. 2021, ch. 258, sec. 5, p. 798.]
(1) Any female upon whom an abortion has been attempted or performed, or the father of the unborn child who was the subject of the abortion if the father was married to the woman who received the abortion at the time the abortion was attempted or performed, or a maternal grandparent of the unborn child in the event the mother is deceased, may maintain an action for actual damages against the person who in knowing or reckless violation of section 18-617, Idaho Code, attempted or performed the abortion. The court may, in its discretion, award punitive damages pursuant to section 6-1604, Idaho Code, and enjoin further violations of sections 18-617 through 18-621, Idaho Code.
(2) A cause of action for injunctive relief against any person who has knowingly or recklessly violated sections 18-617 through 18-621, Idaho Code, may be maintained by a county prosecuting attorney with appropriate jurisdiction or by the attorney general. The injunction shall prevent the abortion provider from performing further abortions in violation of sections 18-617 through 18-621, Idaho Code, in this state.
[18-618, added 2015, ch. 270, sec. 2, p. 1124.]
In every court proceeding or action brought under this chapter, the court shall rule whether the anonymity of any female 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 order shall be accompanied by specific written findings explaining why the anonymity of the female 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 female upon whom an abortion has been performed or attempted, anyone, other than a public official, who brings an action under this section shall do so under a pseudonym. This section may not be construed to conceal the identity of the plaintiff or of witnesses from the defendant.
[18-619, added 2015, ch. 270, sec. 2, p. 1124.]
(1) Nothing in sections 18-617 through 18-621, Idaho Code, shall be construed as creating or recognizing a right to abortion.
(2) It is not the intention of sections 18-617 through 18-621, Idaho Code, to make lawful an abortion that is currently unlawful.
[18-620, added 2015, ch. 270, sec. 2, p. 1125.]
The provisions of this act are hereby declared to be severable and if any provision of this act 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 the remaining portions of this act.
[18-621, added 2015, ch. 270, sec. 2, p. 1125.]
(1) Except as provided in subsection (2) of this section, every person who performs or attempts to perform an abortion as defined in this chapter commits the crime of criminal abortion. Criminal abortion shall be a felony punishable by a sentence of imprisonment of no less than two (2) years and no more than five (5) years in prison. The professional license of any health care professional who performs or attempts to perform an abortion or who assists in performing or attempting to perform an abortion in violation of this subsection shall be suspended by the appropriate licensing board for a minimum of six (6) months upon a first offense and shall be permanently revoked upon a subsequent offense.
(2) The following shall not be considered criminal abortions for purposes of subsection (1) of this section:
(a) The abortion was performed or attempted by a physician as defined in this chapter and:
(i) The physician determined, in his good faith medical judgment and based on the facts known to the physician at the time, that the abortion was necessary to prevent the death of the pregnant woman. No abortion shall be deemed necessary to prevent the death of the pregnant woman because the physician believes that the woman may or will take action to harm herself; and
(ii) The physician performed or attempted to perform the abortion in the manner that, in his good faith medical judgment and based on the facts known to the physician at the time, provided the best opportunity for the unborn child to survive, unless, in his good faith medical judgment, termination of the pregnancy in that manner would have posed a greater risk of the death of the pregnant woman. No such greater risk shall be deemed to exist because the physician believes that the woman may or will take action to harm herself; or
(b) The abortion was performed or attempted by a physician as defined in this chapter during the first trimester of pregnancy and:
(i) If the woman is not a minor or subject to a guardianship, then, prior to the performance of the abortion, the woman has reported to a law enforcement agency that she is the victim of an act of rape or incest and provided a copy of such report to the physician who is to perform the abortion. The copy of the report shall remain a confidential part of the woman’s medical record subject to applicable privacy laws; or
(ii) If the woman is a minor or subject to a guardianship, then, prior to the performance of the abortion, the woman or her parent or guardian has reported to a law enforcement agency or child protective services that she is the victim of an act of rape or incest and a copy of such report has been provided to the physician who is to perform the abortion. The copy of the report shall remain a confidential part of the woman’s medical record subject to applicable privacy laws.
(3) If a report concerning an act of rape or incest is made to a law enforcement agency or child protective services pursuant to subsection (2)(b) of this section, then the person who made the report shall, upon request, be entitled to receive a copy of such report within seventy-two (72) hours of the report being made, provided that the report may be redacted as necessary to avoid interference with an investigation.
(4) Medical treatment provided to a pregnant woman by a health care professional as defined in this chapter that results in the accidental death of, or unintentional injury to, the unborn child shall not be a violation of this section.
(5) Nothing in this section shall be construed to subject a pregnant woman on whom any abortion is performed or attempted to any criminal conviction and penalty.
[18-622, added 2020, ch. 284, sec. 1, p. 827, effective August 25, 2022; am. 2023, ch. 298, sec. 2, p. 907.]
(1) An adult who, with the intent to conceal an abortion from the parents or guardian of a pregnant, unemancipated minor, either procures an abortion, as described in section 18-604, Idaho Code, or obtains an abortion-inducing drug for the pregnant minor to use for an abortion by recruiting, harboring, or transporting the pregnant minor within this state commits the crime of abortion trafficking. As used in this subsection, the terms "procure" and "obtain" shall not include the providing of information regarding a health benefit plan.
(2) It shall be an affirmative defense to a prosecution under subsection (1) of this section that a parent or guardian of the pregnant minor consented to trafficking of the minor.
(3) It shall not be an affirmative defense to a prosecution under subsection (1) of this section that the abortion provider or the abortion-inducing drug provider is located in another state.
(4) The Idaho attorney general has the authority, at the attorney general’s sole discretion, to prosecute a person for a criminal violation of this section if the prosecuting attorney authorized to prosecute criminal violations of this section refuses to prosecute violations of any of the provisions of this section by any person without regard to the facts or circumstances.
(5) Any person who commits the crime of abortion trafficking, as provided in subsection (1) of this section, shall be punished by imprisonment in the state prison for no less than two (2) years and no more than five (5) years.
[18-623, added 2023, ch. 310, sec. 1, p. 947.]
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.
[18-701, added 1972, ch. 336, sec. 1, p. 862.]
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.
[18-703, added 1972, ch. 336, sec. 1, p. 862.]
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.
[18-704, added 1972, ch. 336, sec. 1, p. 862.]
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.
[18-705, added 1972, ch. 336, sec. 1, p. 863; am. 1982, ch. 50, sec. 1, p. 75.]
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.
[18-706, added 1972, ch. 336, sec. 1, p. 844.]
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.
[18-708, added 1972, ch. 336, sec. 1, p. 863.]
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.
[18-709, added 1972, ch. 336, sec. 1, p. 863.]
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.
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.
[I.C., sec. 18-711, as added by S.L. 1972, ch. 336, sec. 1, p. 863; am. 1975, ch. 130, sec. 1, p. 287.]
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.
[18-712, added 1972, ch. 336, sec. 1, p. 864.]
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.
[18-801, added 1993, ch. 107, sec. 2, p. 274.]
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.
[18-802, added 1993, ch. 107, sec. 3, p. 274.]
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.
[18-803, added 1993, ch. 107, sec. 4, p. 275.]
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.
[18-804, added 1993, ch. 107, sec. 5, p. 275.]
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.
[18-805, added 1993, ch. 107, sec. 6, p. 275.]
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.
[18-901, added 1979, ch. 227, sec. 2, p. 624.]
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.
[18-902, added 1979, ch. 227, sec. 2, p. 624; am. 1982, ch. 246, sec. 1, p. 633; am. 2005, ch. 359, sec. 2, p. 1134.]
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
(c) Unlawfully and intentionally causing bodily harm to an individual.
[18-903, added 1979, ch. 227, sec. 2, p. 624.]
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.
[18-904, added 1979, ch. 227, sec. 2, p. 624; am. 1996, ch. 227, sec. 1, p. 741; am. 2005, ch. 359, sec. 3, p. 1134.]
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.
(c) With any vitriol, corrosive acid, or a caustic chemical of any kind.
(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.
[18-905, added 1979, ch. 227, sec. 2, p. 625.]
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.
[18-906, added 1979, ch. 227, sec. 2, p. 625.]
(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
(c) Uses any vitriol, corrosive acid, or a caustic chemical of any nature; 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
(c) Of any female with respect to her embryo or fetus.
(4) Nothing in this chapter is intended to amend or nullify the provisions of chapter 6, title 18, Idaho Code.
[18-907, added 1979, ch. 227, sec. 2, p. 625; am. 2002, ch. 330, sec. 4, p. 936; am. 2002, ch. 337, sec. 2, p. 954.]
An aggravated battery is punishable by imprisonment in the state prison not to exceed fifteen (15) years.
[18-908, added 1979, ch. 227, sec. 2, p. 625.]
An assault upon another with intent to commit murder, rape, mayhem, robbery, or lewd and lascivious conduct with a minor child is an assault with the intent to commit a serious felony.
[18-909, added 1979, ch. 227, sec. 2, p. 625; am. 2022, ch. 124, sec. 13, p. 448.]
An assault with the intent to commit a serious felony is punishable by imprisonment in the state prison not to exceed fifteen (15) years.
[18-910, added 1979, ch. 227, sec. 2, p. 625; am. 2006, ch. 178, sec. 1, p. 545.]
Any battery committed with the intent to commit murder, rape, mayhem, robbery or lewd and lascivious conduct with a minor child is a battery with the intent to commit a serious felony.
[18-911, added 1979, ch. 227, sec. 2, p. 625; am. 1981, ch. 263, sec. 1, p. 559; am. 2022, ch. 124, sec. 14, p. 448.]
A battery with the intent to commit a serious felony is punishable by imprisonment in the state prison not to exceed twenty (20) years.
[18-912, added 1979, ch. 227, sec. 2, p. 625; am. 2006, ch. 178, sec. 2, p. 545.]
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.
[18-913, added 1979, ch. 227, sec. 2, p. 626.]
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.
[18-914, added 1979, ch. 227, sec. 2, p. 626.]
(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, members or employees of the commission of pardons and parole, employees of the department of water resources authorized to enforce the provisions of chapter 38, title 42, Idaho Code, employees of the department of parks and recreation authorized to enforce the provisions of chapter 42, title 67, Idaho Code, employees of a public utility as described in section 61-129, Idaho Code, including any employee of a consumer-owned utility, 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 9, title 46, 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, a juvenile probation officer, or member or employee of the commission of pardons and parole:
(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;
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.
[18-915, added 1979, ch. 227, sec. 2, p. 626; am. 1981, ch. 263, sec. 2, p. 559; am. 1992, ch. 221, sec. 1, p. 671; am. 1995, ch. 51, sec. 1, p. 118; am. 1999, ch. 247, sec. 1, p. 635; am. 2000, ch. 272, sec. 3, p. 788; am. 2000, ch. 297, sec. 3, p. 1028; am. 2000, ch. 469, sec. 21, p. 1472; am. 2001, ch. 181, sec. 1, p. 609; am. 2008, ch. 88, sec. 1, p. 242; am. 2008, ch. 151, sec. 1, p. 439; am. 2009, ch. 11, sec. 5, p. 15; am. 2011, ch. 9, sec. 1, p. 20; am. 2019, ch. 235, sec. 1, p. 720; am. 2020, ch. 276, sec. 1, p. 810; am. 2022, ch. 223, sec. 1, p. 736; am. 2025, ch. 94, sec. 20, p. 463.]
(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.
[18-915A, added 1998, ch. 395, sec. 1, p. 1239; am. 2000, ch. 272, sec. 4, p. 789.]
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.
[18-915B, added 2001, ch. 33, sec. 1, p. 53.]
Any person who commits battery as defined in section 18-903, Idaho Code, against or upon any person licensed, certified or registered by the state of Idaho to provide health care, or an employee of a hospital, medical clinic or medical practice, when the victim is in the course of performing his or her duties or because of the victim’s professional or employment status under this statute, shall be subject to imprisonment in the state prison not to exceed three (3) years.
[18-915C, added 2014, ch. 288, sec. 1, p. 729.]
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.
[18-916, added 1979, ch. 227, sec. 2, p. 626.]
(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;
(c) Wearing or carrying of any obscene or physically burdensome article 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.
[18-917, added 1991, ch. 338, sec. 1, p. 875; am. 2002, ch. 268, sec. 1, p. 798.]
(1) No student or minor present on school property or at school activities 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 landline, 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.
[18-917A, added 2006, ch. 313, sec. 3, p. 973; am. 2015, ch. 289, sec. 1, p. 1161.]
(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 on 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 that 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 that does not result in traumatic injury is guilty of a misdemeanor domestic battery.
(c) A first conviction under this subsection is punishable by a fine not to exceed one thousand dollars ($1,000) or by imprisonment in a 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 subsection who previously has pled guilty to or been found guilty of a violation of this subsection, 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 punishable by imprisonment in the county jail for a term not to exceed one (1) year or by a fine not to exceed 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 who previously has pled guilty to or been found guilty of two (2) violations of this subsection, 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 punishable 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, attempted strangulation as provided in section 18-923, Idaho Code, or 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 punishable by imprisonment in the state prison for a term not to exceed twenty (20) 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 or attempted strangulation as provided in section 18-923, Idaho Code, 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 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 that 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) The supreme court 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 and victim assistance.
[18-918, added 1993, ch. 344, sec. 1, p. 1283; am. 1995, ch. 223, sec. 1, p. 770; am. 1996, ch. 228, sec. 1, p. 742; am. 1998, ch. 309, sec. 1, p. 1026; am. 1998, ch. 420, sec. 1, p. 1324; am. 2000, ch. 358, sec. 1, p. 1193; am. 2003, ch. 237, sec. 1, p. 607; am. 2004, ch. 118, sec. 1, p. 393; am. 2005, ch. 158, sec. 1, p. 488; am. 2009, ch. 80, sec. 3, p. 226; am. 2018, ch. 123, sec. 1, p. 260; am. 2024, ch. 163, sec. 1, p. 620; am. 2024, ch. 261, sec. 1, p. 908.]
(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.
[18-919, added 1996, ch. 300, sec. 1, p. 988.]
(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
(c) The person charged or convicted has had contact with the stated person in violation of an order.
(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.
[18-920, added 1997, ch. 314, sec. 1, p. 929; am. 1998, ch. 353, sec. 1, p. 1111; am. 2000, ch. 146, sec. 1, p. 375; am. 2000, ch. 239, sec. 1, p. 670; am. 2004, ch. 337, sec. 1, p. 1007; am. 2008, ch. 259, sec. 1, p. 752.]
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.
[18-921, added 1997, ch. 314, sec. 2, p. 930.]
(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.
[18-922, added 1997, ch. 314, sec. 3, p. 930.]
(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.
(6) Any person who pleads guilty to or is found guilty of a violation of this section shall undergo an evaluation, counseling and other treatment as provided in section 18-918(7), Idaho Code.
(7) Notwithstanding any other provisions of this section, any person who previously has pled guilty to or been found guilty of a violation of the provisions of this section, a felony violation for domestic violence as provided in section 18-918, Idaho Code, or 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 twenty (20) years or by a fine not to exceed ten thousand dollars ($10,000), or by both such fine and imprisonment.
(8) The maximum penalties provided in this section shall be doubled where the act 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.
(9) 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 that substantially conforms 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.
[18-923, added 2005, ch. 303, sec. 1, p. 950; am. 2018, ch. 123, sec. 2, p. 262; am. 2024, ch. 261, sec. 2, p. 911.]
(1) Sexual battery is any willful physical contact, over or under the clothing, with the intimate parts of any person, when the physical contact is done without consent and with the intent to degrade, humiliate or demean the person touched or with the intent of arousing, appealing to or gratifying the lust, passion or sexual desires of the actor or any other person. For purposes of this section, "intimate parts" means the genital area, groin, inner thighs, buttocks or breasts.
(2) Sexual battery is a misdemeanor and shall be punishable by up to one (1) year in jail, or a fine of up to two thousand dollars ($2,000), or both.
[18-924, added 2018, ch. 322, sec. 1, p. 751.]
(1) Aggravated sexual battery is sexual battery as defined in section 18-924, Idaho Code, when the forbidden contact occurs under the circumstances described in section 18-907, Idaho Code.
(2) Aggravated sexual battery is a felony and shall be punishable by imprisonment in the state prison for a period not to exceed twenty (20) years.
[18-925, added 2018, ch. 322, sec. 2, p. 751.]
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.
[18-1001, added 1972, ch. 336, sec. 1, p. 867.]
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.
[18-1002, added 1972, ch. 336, sec. 1, p. 867.]
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.
[18-1003, added 1972, ch. 336, sec. 1, p. 867.]
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.
[18-1004, added 1972, ch. 336, sec. 1, p. 867.]
The preceding section does not prohibit an attorney from defending himself in person as attorney or counsel, when prosecuted either civilly or criminally.
[18-1005, added 1972, ch. 336, sec. 1, p. 867.]
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.
[18-1101, added 1972, ch. 336, sec. 1, p. 868.]
The last section does not extend:
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,
To any person by reason of any former marriage which has been pronounced void, annulled, or dissolved by the judgment of a competent court.
[18-1102, added 1972, ch. 336, sec. 1, p. 868.]
Bigamy is punishable by fine not exceeding $2,000 and by imprisonment in the state prison not exceeding three (3) years.
[18-1103, added 1972, ch. 336, sec. 1, p. 868.]
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.
[18-1104, added 1972, ch. 336, sec. 1, p. 868.]
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.
[18-1301, added 1972, ch. 336, sec. 1, p. 870.]
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.
[18-1302, added 1972, ch. 336, sec. 1, p. 870.]
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.
[18-1303, added 1972, ch. 336, sec. 1, p. 870.]
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:
By means of any communication, oral or written, had with him, except in the regular course or proceedings;
By means of any book, paper or instrument exhibited, otherwise than in the regular course of proceedings;
By means of any threat, intimidation, persuasion or entreaty; or,
By means of any promise or assurance of any pecuniary or other advantage; is guilty of a felony.
[18-1304, added 1972, ch. 336, sec. 1, p. 870.]
Every juror or person drawn or summoned as a juror, or chosen arbitrator or umpire, or appointed referee, who either:
Makes any promise or agreement to give a verdict or decision for or against any party; or,
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.
[18-1305, added 1972, ch. 336, sec. 1, p. 870.]
Every officer convicted of any crime defined in this chapter, in addition to the punishment prescribed, forfeits his office.
[18-1307, added 1972, ch. 336, sec. 1, p. 871.]
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.
[18-1308, added 1972, ch. 336, sec. 1, p. 871.]
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.
[18-1309, added 1972, ch. 336, sec. 1, p. 871.]
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.
[18-1351, added 1972, ch. 381, sec. 20, p. 1102; am. 1990, ch. 328, sec. 1, p. 899; am. 2010, ch. 169, sec. 1, p. 345.]
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.
[18-1352, added 1972, ch. 381, sec. 20, p. 1102.]
(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.
[18-1353, added 1972, ch. 381, sec. 20, p. 1102.]
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.
[18-1353A, added 1982, ch. 263, sec. 1, p. 674; am. 1992, ch. 113, sec. 1, p. 342; am. 1996, ch. 401, sec. 1, p. 1334; am. 2000, ch. 131, sec. 1, p. 308.]
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.
[18-1354, added 1972, ch. 381, sec. 20, p. 1102.]
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.
[18-1355, added 1972, ch. 381, sec. 20, p. 1102.]
(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 7, title 74, 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.
[18-1356, added 1972, ch. 381, sec. 20, p. 1102; am. 1990, ch. 328, sec. 3, p. 902; am. 2008, ch. 306, sec. 4, p. 851; am. 2025, ch. 280, sec. 11, p. 1197.]
(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.
[18-1357, added 1972, ch. 381, sec. 20, p. 1102.]
(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.
[18-1358, added 1972, ch. 381, sec. 20, p. 1102.]
(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 67-9230, Idaho Code, violations of which are subject to penalties as provided in section 67-9231, 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. The provisions of this subsection shall not apply to any person who participates in the legislative page program of the senate or the house of representatives.
(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 who is related to a local government official 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 if the employee:
(i) Held the position prior to the election of the local government official; or
(ii) Meets the requirements of subsection (8) of this section prior to a city’s population exceeding ten thousand (10,000) persons.
(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 74-403(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.
(8)(a) The prohibition of subsection (3) of this section shall not apply if all the following conditions are met:
(i) The city has a population of fewer than ten thousand (10,000) persons, based on the most recent decennial census;
(ii) The position to be filled requires specific education, training, or relevant experience related to the duties of the position, and the related individual meets those qualifications;
(iii) Public notice of the job opening has been made through means customarily used by the city for job postings, including posting to the city website, if applicable;
(iv) The position has been publicly posted for no fewer than forty-five (45) days prior to the proposed appointment or employment, and no qualified applicants have applied during the posting period;
(v) The city has made a good faith effort to identify and consider qualified applicants, including documented outreach and follow-up with applicants to determine availability and qualifications;
(vi) The city maintains a written record of:
All applications received;
The qualifications of each applicant;
The reasons for rejection of unqualified applicants; and
The rationale for the appointment or employment of the related individual;
(vii) The city council approves the appointment or employment at an open meeting, and the familial relationship is publicly disclosed prior to the vote;
(viii) The related, elected official does not serve as the supervisor, manager, or otherwise exercise direct authority over the work or employment conditions of the newly appointed or employed individual. The city council shall assign supervisory responsibilities to an unrelated employee or official who is not within the second degree of blood or marriage to the newly appointed or employed individual. Any performance evaluations, disciplinary actions, or decisions relating to compensation or advancement shall be made or reviewed by an unrelated supervisor or official and confirmed by the city council, with a written record maintained documenting the rationale for such actions; and
(ix) Any increase in compensation for a person appointed or employed pursuant to this subsection is limited to cost-of-living adjustments or other across-the-board increases provided to all employees. Such individual shall not be eligible for discretionary increases, bonuses, or promotions unless approved by the city council in an open meeting, with the rationale for such increase made part of the record. No person appointed or employed pursuant to this subsection shall receive any benefits beyond those uniformly offered to all similarly situated employees of the city.
(b) No position shall be created solely for the purpose of employing a related individual, nor shall the provisions of this subsection be construed to impair or limit the provisions of subsection (5) of this section.
[18-1359, added 1990, ch. 328, sec. 2, p. 900; am. 1991, ch. 305, sec. 1, p. 800; am. 2002, ch. 304, sec. 1, p. 867; am. 2004, ch. 316, sec. 1, p. 887; am. 2005, ch. 214, sec. 1, p. 684; am. 2015, ch. 141, sec. 15, p. 390; am. 2016, ch. 289, sec. 5, p. 805; am. 2025, ch. 114, sec. 1, p. 615; am. 2026, ch. 68, sec. 1, p. 290.]
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.
[18-1360, added 1990, ch. 328, sec. 2, p. 901.]
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.
[18-1361, added 1990, ch. 328, sec. 2, p. 901; am. 1991, ch. 34, sec. 1, p. 71; am. 1996, ch. 193, sec. 1, p. 602.]
When a person is a public servant by reason of his appointment to a governmental entity board for which the person receives no salary or fees for his service on said board, it shall not constitute a violation of the provisions of subsection (1)(d) or (e) of section 18-1359, Idaho Code, for a public servant or for his relative to contract with the public body of which the public servant is a member if the procedures listed below are strictly observed. For purposes of this section, "relative" shall mean any person related to the public servant by blood or marriage within the second degree.
(1) The contract is competitively bid and the public servant or his relative submits the low bid; and
(2) Neither the public servant nor his relative takes any part in the preparation of the contract or bid specifications, and the public servant takes no part in voting on or approving the contract or bid specifications; and
(3) The public servant makes full disclosure, in writing, to all members of the governing body, council or board of said public body of his interest or that of his relative and of his or his relative’s intention to bid on the contract; and
(4) Neither the public servant nor his relative has violated any provision of Idaho law pertaining to competitive bidding or improper solicitation of business.
[18-1361A, added 1992, ch. 121, sec. 1, p. 398; am. 1996, ch. 193, sec. 2, p. 602.]
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.
[18-1362, added 1990, ch. 328, sec. 2, p. 902.]
Every person who enters any house, room, apartment, tenement, store, shop, warehouse, mill, barn, stable, outhouse, or a building, tent, vessel, vehicle, trailer, airplane, or railroad car with intent to commit any theft or any felony is guilty of burglary.
[18-1401, added 1972, ch. 336, sec. 1, p. 871; am. 1981, ch. 183, sec. 3, p. 326; am. 1997, ch. 87, sec. 1, p. 213; am. 2020, ch. 219, sec. 1, p. 651; am. 2021, ch. 185, sec. 1, p. 508.]
Any person who commits a burglary as defined in section 18-1401, Idaho Code, with the intent to commit theft and the theft is from a commercial retailer during business hours and the amount of the theft is under three hundred dollars ($300) is guilty of commercial burglary. Any person who pleads guilty to, or is found guilty of, a violation of this section for the first time is guilty of a misdemeanor and may be sentenced to a jail sentence not to exceed six (6) months, a fine of one thousand dollars ($1,000), or both. Any person who pleads guilty to, or is found guilty of, a violation of this section who previously has been found guilty of, or has pled guilty to, a violation of the provisions of this section within five (5) years is guilty of a misdemeanor and may be sentenced to a jail sentence not to exceed one (1) year, a fine of two thousand dollars ($2,000), or both. Any person who pleads guilty to, or is found guilty of, a violation of this section who previously has been found guilty of, or has pled guilty to, two (2) or more violations of the provisions of this section within five (5) years, notwithstanding the form of the judgments or withheld judgments, shall be guilty of a felony.
[18-1401A, added 2020, ch. 219, sec. 2, p. 651; am. 2021, ch. 185, sec. 2, p. 508.]
Burglary is punishable by imprisonment in the state prison for not less than one (1) nor more than ten (10) years.
[18-1403, added 1972, ch. 336, sec. 1, p. 871; am. 1992, ch. 167, sec. 2, p. 531.]
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.
[18-1405, added 1972, ch. 336, sec. 1, p. 872; am. 1992, ch. 167, sec. 3, p. 532.]
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.
[18-1406, added 1972, ch. 336, sec. 1, p. 872.]
(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.
[18-1501, added 1977, ch. 304, sec. 3, p. 853; am. 1996, ch. 167, sec. 1, p. 552; am. 1997, ch. 306, sec. 1, p. 910; am. 2001, ch. 49, sec. 1, p. 91; am. 2005, ch. 151, sec. 1, p. 467.]
(a) Except as provided in subsection (e) of this section, 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)(1) Every person convicted of an infraction under this section shall be punished by a fine of three hundred dollars ($300).
(2) Every person convicted of a misdemeanor 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 penalties provided in subsection (b) of this section:
(1) Upon a misdemeanor conviction, 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.
(6) A person who has been found guilty of only one (1) violation of this section or section 23-604, Idaho Code, and does not have any alcohol or drug related findings of guilt, in this state or any state, within five (5) years of the commission of a violation of this section or section 23-604, Idaho Code, shall have such finding completely vacated and sealed by the court. The person shall have the responsibility for initiating this process, and the court shall provide a form for the convicted person to use. No fee shall be charged by the court for this process.
(e)(1) For the purposes of alcohol age violations under this section, the following violations shall constitute infractions:
(i) A first violation of section 23-604, Idaho Code;
(ii) A first violation of section 23-949, Idaho Code; and
(iii) A first violation of section 23-505(1) and (2), Idaho Code, when an individual is not in actual physical control of the vehicle.
(2) Violations under this subsection that occur following the effective date of this act that constitute misdemeanors under subsection (b)(2) of this section, shall begin as a first misdemeanor.
[18-1502, added 1981, ch. 222, sec. 2, p. 413; am. 1982, ch. 110, sec. 3, p. 312; am. 1983, ch. 266, sec. 1, p. 697; am. 1987, ch. 212, sec. 1, p. 449; am. 1989, ch. 88, sec. 65, p. 207; am. 1989, ch. 155, sec. 10, p. 388; am. 1990, ch. 280, sec. 1, p. 785; am. 1994, ch. 133, sec. 1, p. 305; am. 1998, ch. 312, sec. 1, p. 1033; am. 2016, ch. 196, sec. 1, p. 551; am. 2016, ch. 344, sec. 1, p. 987.]
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.
[18-1502B, added 1993, ch. 154, sec. 1, p. 390; am. 2004, ch. 23, sec. 4, p. 27.]
(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 or 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.
[18-1505, added 1994, ch. 136, sec. 3, p. 309; am. 2005, ch. 166, sec. 1, p. 506; am. 2008, ch. 209, sec. 1, p. 662; am. 2009, ch. 71, sec. 1, p. 206; am. 2016, ch. 147, sec. 1, p. 415.]
(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.
[18-1505A, added 1993, ch. 179, sec. 1, p. 460; am. 1994, ch. 136, sec. 4, p. 309; am. 2005, ch. 166, sec. 2, p. 507.]
(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.
[18-1505B, added 2005, ch. 216, sec. 1, p. 689; am. 2009, ch. 100, sec. 1, p. 309; am. 2012, ch. 269, sec. 1, p. 751.]
(1) It is a felony for any person eighteen (18) years of age or older, with the intent to gratify the lust, passions, or sexual desire of the actor, minor child or third party, to:
(a) Solicit a minor child under the age of sixteen (16) years to participate in a sexual act;
(b) Cause or have sexual contact with such minor child, not amounting to lewd conduct as defined in section 18-1508, Idaho Code; or
(c) Induce, cause or permit a minor child to witness an act of sexual conduct.
(2) For the purposes of this section, "solicit" means any written, verbal, or physical act which is intended to communicate to such minor child the desire of the actor or third party to participate in a sexual act or participate in sexual foreplay, by the means of sexual contact, photographing or observing such minor child engaged in sexual contact.
(3) For the purposes of this section, "sexual contact" means any physical contact between such minor child and any person, which is caused by the actor, or the actor causing such minor child to have self contact.
(4) For the purposes of this section, "sexual conduct" means human masturbation, sexual intercourse, sadomasochistic abuse, or any touching of the genitals or pubic areas of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.
(5) Any person guilty of a violation of the provisions of this section shall be imprisoned in the state prison for a period not to exceed twenty-five (25) years.
[18-1506, added 1982, ch. 192, sec. 1, p. 519; am. 1984, ch. 63, sec. 1, p. 112; am. 1987, ch. 178, sec. 1, p. 354; am. 1988, ch. 329, sec. 1, p. 991; am. 1992, ch. 145, sec. 1, p. 439; am. 2006, ch. 178, sec. 3, p. 545; am. 2008, ch. 240, sec. 1, p. 721; am. 2022, ch. 123, sec. 1, p. 434.]
(1) A person is guilty of a felony when he commits any of the following acts with, upon, or in the presence of a child as part of a ceremony, rite or any similar observance:
(a) Actually or in simulation, tortures, mutilates or sacrifices any warm-blooded animal or human being;
(b) Forces ingestion, injection or other application of any narcotic, drug, hallucinogen or anaesthetic for the purpose of dulling sensitivity, cognition, recollection of, or resistance to any criminal activity;
(c) Forces ingestion, or external application, of human or animal urine, feces, flesh, blood, bones, body secretions, nonprescribed drugs or chemical compounds;
(d) Involves the child in a mock, unauthorized or unlawful marriage ceremony with another person or representation of any force or deity, followed by sexual contact with the child;
(e) Places a living child into a coffin or open grave containing a human corpse or remains;
(f) Threatens death or serious harm to a child, his parents, family, pets or friends which instills a well-founded fear in the child that the threat will be carried out; or
(g) Unlawfully dissects, mutilates, or incinerates a human corpse.
(2) The provisions of this section shall not be construed to apply to:
(a) Lawful agricultural, animal husbandry, food preparation or wild game hunting and fishing practices and specifically the branding or identification of livestock;
(b) The lawful medical practice of circumcision or any ceremony related thereto; or
(c) Any state or federally approved, licensed or funded research project.
(3) Any person convicted of a violation of this section shall be imprisoned in the state prison for a term of not more than life.
(4) For the purposes of this section, "child" means any person under eighteen (18) years of age.
[18-1506A, added 1990, ch. 210, sec. 1, p. 467; am. 2006, ch. 178, sec. 4, p. 546.]
(1) Except as provided in subsection (4) of this section, whoever knowingly circumcises, excises, or infibulates the whole or any part of the labia majora, labia minora, or clitoris of a child shall be guilty of a felony.
(2) Except as provided in subsection (4) of this section, whoever knowingly gives permission for, or permits on a child, any act prohibited by subsection (1) of this section shall be guilty of a felony.
(3) Except as provided in subsection (4) of this section, whoever knowingly removes or causes, permits, or facilitates the removal of a child from this state for the purpose of facilitating any act prohibited by subsection (1) of this section shall be guilty of a felony.
(4) A surgical operation shall not be a violation of this section if the operation is:
(a) Necessary to the health of the person on whom it is performed and is performed by a person licensed in the place of its performance as a medical practitioner; or
(b) Performed on a person in labor or who has just given birth and is performed for medical purposes connected with that labor or birth by a person licensed in the place it is performed as a medical practitioner, midwife, or person in training to become such a practitioner or midwife.
(5) In applying subsection (4)(a) of this section, no account shall be taken of the effect on the person on whom the operation is to be performed or any belief on the part of that person, or any other person, that the operation is required as a matter of custom or ritual.
(6) Any person convicted of a violation of this section shall be guilty of a felony and shall be imprisoned in the state prison for a term of not more than life.
(7) For the purposes of this section, "child" means any person under eighteen (18) years of age.
[18-1506B, added 2019, ch. 130, sec. 1, p. 465; am. 2020, ch. 101, sec. 1, p. 271.]
(1) This section shall be known and may be cited as the "Vulnerable Child Protection Act."
(2) As used in this section:
(a) "Child" means any person under eighteen (18) years of age; and
(b) "Sex" is as defined in section 73-114, Idaho Code.
(3) A medical provider shall not engage in any of the following practices upon a child for the purpose of attempting to alter the appearance of or affirm the child’s perception of the child’s sex if that perception is inconsistent with the child’s biological sex:
(a) Performing surgeries that sterilize or mutilate, or artificially construct tissue with the appearance of genitalia that differs from the child’s biological sex, including castration, vasectomy, hysterectomy, oophorectomy, metoidioplasty, orchiectomy, penectomy, phalloplasty, clitoroplasty, vaginoplasty, vulvoplasty, ovariectomy, or reconstruction of the fixed part of the urethra with or without metoidioplasty, phalloplasty, scrotoplasty, or the implantation of erection or testicular prostheses;
(b) Performing a mastectomy;
(c) Administering or supplying the following medications that induce profound morphologic changes in the genitals of a child or induce transient or permanent infertility:
(i) Puberty-blocking medication to stop or delay normal puberty;
(ii) Supraphysiological doses of testosterone to a female; or
(iii) Supraphysiological doses of estrogen to a male; or
(d) Removing any otherwise healthy or nondiseased body part or tissue.
(4) A surgical operation or medical intervention shall not be a violation of this section if the operation or intervention is:
(a) Necessary to the health of the person on whom it is performed and is performed by a person licensed in the place of its performance as a medical practitioner, except that a surgical operation or medical intervention is never necessary to the health of the child on whom it is performed if it is for the purpose of attempting to alter the appearance of or affirm the child’s perception of the child’s sex if that perception is inconsistent with the child’s biological sex;
(b) For the treatment of any infection, injury, disease, or disorder that has been caused or exacerbated by the performance of gender transition procedures, whether or not the procedures were performed in accordance with state and federal law; or
(c) Performed in accordance with the good faith medical decision of a parent or guardian of a child born with a medically verifiable genetic disorder of sex development, including:
(i) A child with external biological sex characteristics that are ambiguous and irresolvable, such as a child born having 46, XX chromosomes with virilization, 46, XY chromosomes with undervirilization, or with both ovarian and testicular tissue; or
(ii) When a physician has otherwise diagnosed a disorder of sexual development in which the physician has determined through genetic testing that the child does not have the normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action for a male or female.
(5) Any medical professional convicted of a violation of this section shall be guilty of a felony and shall be imprisoned in the state prison for a term of not more than ten (10) years.
(6) The provisions of this act are hereby declared to be severable, and if any provision of this act 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 the remaining portions of this section.
[18-1506C, added 2023, ch. 292, sec. 1, p. 884; am. 2024, ch. 322, sec. 3, p. 1065.]
(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, that 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) "Identifiable child:"
(i) Means a person:
Who was a child at the time the visual material was created, adapted, or modified or whose image as a child was used in creating, adapting, or modifying the visual material; and
Who is recognizable as an actual person by the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature; and
(ii) Shall not be construed to require proof of the actual identity of the identifiable child.
(g) "Law enforcement officer" means any court personnel, sheriff, constable, peace officer, state police officer, correctional officer, probation officer, parole officer, prosecuting attorney, or attorney general, or their employees.
(h) "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.
(i) "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.
(j) "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.
(k) "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.
(l) "Sexually exploitative material" means any image, photograph, motion picture, video, print, negative, slide, or other mechanically, electronically, digitally or chemically produced or reproduced or computer-generated visual material where such visual material:
(i) 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; or
(ii) Has been created, adapted, or modified to appear that an identifiable child is engaging in, participating in, observing, or being used for explicit sexual conduct.
(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 subsection (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) Notwithstanding any other provisions of this section, a person eighteen (18) years of age or older who is found to be in knowing and willful possession of content created and distributed under circumstances defined in section 18-1507A(1) or (2), Idaho Code, is guilty of a misdemeanor provided that:
(a) The minor depicted in the content distributed the content in such a way that the minor intended the person found to be in possession to receive it;
(b) The minor depicted in the content is not greater than three (3) years younger than the person found to be in possession; and
(c) The person found to be in possession of the content did not use coercion, manipulation or fraud to obtain possession of the content.
(6) Subsection (2)(a), (c), and (d) of this section shall not be construed to impose criminal or civil liability on law enforcement officers acting in good faith and in the course and scope of their official duties.
(7) 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 that can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable.
[18-1507, added 1983, ch. 256, sec. 1, p. 679; am. 1987, ch. 177, sec. 1, p. 352; am. 1992, ch. 145, sec. 2, p. 439; am. 2006, ch. 178, sec. 5, p. 547; am. 2012, ch. 269, sec. 2, p. 752; am. 2016, ch. 377, sec. 2, p. 1103; am. 2024, ch. 194, sec. 1, p. 692.]
(1) A minor child who, without being induced by coercion, manipulation or fraud, creates or causes to be created any photographic, electronic or video content of said minor child that would be characterized under any of the classifications defined in section 18-1507(1), Idaho Code, and knowingly and willfully distributes it to another person or persons through electronic or other means or causes it to appear in a form where the distributing minor has reason to believe another will view it is guilty of a misdemeanor provided that the image was communicated in a form that there was a single recipient.
(2) A minor child who, without being induced by coercion, manipulation or fraud, creates or causes to be created any photographic, electronic or video content of said minor child that would be characterized under any of the classifications defined in section 18-1507(1), Idaho Code, and knowingly and willfully distributes it in such a way and through such a medium that the minor intended or had reason to believe that multiple parties would receive or have access to the image:
(a) Is guilty of a misdemeanor on the first adjudicated offense; and
(b) Is guilty of a felony on the second or subsequent adjudicated offense.
(3) A minor who is found to be in knowing and willful possession of the content created and sent as described in subsection (1) or (2) of this section is guilty of a misdemeanor if the content depicts a minor who is not greater than three (3) years younger than the minor who is found to be in possession. A minor who is found to be in knowing and willful possession of content described in this subsection that depicts a minor greater than three (3) years younger than themselves is guilty of a violation of section 18-1507(2)(a), Idaho Code.
(4) A minor who is found to be in possession of content described in subsection (1) or (2) of this section who knowingly and willfully transmits or displays the image to one (1) or more third parties:
(a) Is guilty of a misdemeanor on the first adjudicated offense; and
(b) Is guilty of a felony on any second or subsequent adjudicated offense.
(5) A minor who receives content under circumstances described in subsection (1) or (2) of this section and distributes or threatens to distribute the image for the purposes of coercing any action, causing any embarrassment or otherwise controlling or manipulating the sender is guilty of a felony.
(6) A minor who receives content under circumstances described in subsection (1) or (2) of this section and distributes the image to a parent, guardian, one having custody of the minor or a law enforcement official for the purpose of reporting the activity is not guilty of a crime under the provisions of this section.
(7) Proceedings for a violation of the provisions of this section shall fall under the jurisdiction of the juvenile corrections act pursuant to section 20-505(1), Idaho Code.
[18-1507A, added 2016, ch. 377, sec. 1, p. 1103; am. 2024, ch. 194, sec. 2, p. 695.]
(1) Any person who enters a plea of guilty or is convicted of a felony violation of section 18-1507, 18-1507A, 18-1509, or 18-1509A, Idaho Code, no matter the form of the judgment or order withholding judgment, shall forfeit to the state of Idaho:
(a) Any property constituting or derived from any proceeds the person obtained, directly or indirectly, as the result of such violation. Such proceeds shall also include any virtual or cryptocurrency; and
(b) Any property, used in any manner or part, to commit or to facilitate the commission of such violation.
(2) The court, in imposing sentence on such person, shall order, in addition to any other sentence imposed pursuant to section 18-1507, 18-1507A, 18-1509, or 18-1509A, Idaho Code, that the person forfeit to the state of Idaho all property described in this section. The issue of criminal forfeiture shall be for the court alone, without submission to a jury, as a part of the sentencing procedure within the criminal action.
(3) "Property" subject to criminal forfeiture under this section means personal property, including but not limited to vehicles, real property, computer files, computer hardware and software, and electronic data employed in any manner or part in the commission of the violation.
(4) Any peace officer of this state seizing property subject to forfeiture under the provisions of this section shall cause a written inventory to be made and shall maintain custody of the same until all legal actions have been exhausted.
(5) Property subject to criminal forfeiture under this section shall not be ordered forfeited unless the prosecuting attorney has filed a separate allegation within the criminal proceeding seeking forfeiture of specific property. The prosecuting attorney shall file, within fourteen (14) days of the filing of the criminal information or indictment, a forfeiture request and notice with the trial court. Any property of a person subject to the provisions of this section shall be subject to forfeiture under this section if the state of Idaho establishes by a preponderance of the evidence that:
(a) The property was acquired or used by a person during the period of the violation of section 18-1507, 18-1507A, 18-1509, or 18-1509A, Idaho Code, or within a reasonable time after such violation; and
(b) The property was used in the commission of the violation of section 18-1507, 18-1507A, 18-1509, or 18-1509A, Idaho Code.
(6)(a) Upon application of the state of Idaho, the court may enter a restraining order or injunction, require the execution of a satisfactory performance bond, or take any other action to preserve the availability of property described in subsection (3) of this section for forfeiture under this section upon the filing of an indictment or information charging a violation of sexual exploitation of a minor for which criminal forfeiture may be ordered and alleging that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under this section.
(b) The state may request the issuance of a warrant authorizing the seizure of property subject to forfeiture under this section in the same manner as provided for a search warrant. If the court determines that there is probable cause to believe that the property to be seized would, in the event of conviction, be subject to forfeiture and that an order under subsection (2) of this section may not be sufficient to assure the availability of the property for forfeiture, the court shall issue a warrant authorizing the seizure of such property by the appropriate law enforcement agency upon such terms and conditions as the court shall deem proper.
(c) The court may, upon application of the state of Idaho, enter such appropriate restraining orders or injunctions, require the execution of satisfactory performance bonds, appoint receivers, conservators, appraisers, accountants, or trustees, or take any other action to protect the interest of the state of Idaho in the property subject to forfeiture. Any income accruing to or derived from property subject to forfeiture under this section may be used to offset ordinary and necessary expenses to the property that are required by law or that are necessary to protect the interests of the state of Idaho or third parties.
(7) Upon the filing of a forfeiture request pursuant to subsection (5) of this section, or in the event of seizure pursuant to a warrant of seizure, or upon entry of an order of forfeiture, the prosecuting attorney shall, if appropriate, institute proceedings pursuant to subsection (8) of this section within twenty (20) days of such event.
(8)(a) Within twenty (20) days of an institution of proceedings as provided in subsection (7) of this section, notice, including a copy of the request for forfeiture, shall be given to each co-owner or party in interest who has or claims any right, title, or interest in any of such personal property according to one (1) of the following methods:
(i) Upon each co-owner of or party in interest in a titled motor vehicle, aircraft, or other conveyance, by mailing notice by certified mail to the last known address of each co-owner and party in interest as given upon the records of the appropriate department of state or federal government where records relating to such conveyances are maintained;
(ii) Upon each secured party and assignee designated as such in any UCC-1 financing statement on file in an appropriate filing office covering any personal property sought to be forfeited, by mailing notice by certified mail to the secured party and the assignee, if any, at their respective last known addresses as shown on such financing statement; or
(iii) Upon each co-owner or party in interest whose name and last known address is known, by mailing notice by certified mail to the last known address of such person.
(b) Within twenty (20) days after the mailing of the notice, the co-owner or party in interest shall file a verified answer and claim to the property described in the notice.
(c) If a verified answer is filed within twenty (20) days after mailing of the notice, the forfeiture proceeding against all co-owners and parties in interest who have filed verified answers shall be set for hearing before the court without a jury on a day not less than sixty (60) days after the mailing of the notice, and the proceeding shall have priority over other civil cases, except as provided in chapter 28, title 37, Idaho Code.
(i) At a hearing held pursuant to this subsection, any co-owner or party in interest who has a verified answer on file may show by competent evidence that his interest in the titled motor vehicle, aircraft, or other conveyance is not subject to forfeiture because he could not have known in the exercise of reasonable diligence that the titled motor vehicle, aircraft, or other conveyance was being used, had been used, or was intended to be used for the purposes described in subsection (1) of this section;
(ii) A co-owner or claimant of any right, title, or interest in the property may prove that his right, title, or interest, whether under a lien, mortgage, security agreement, conditional sales contract, or otherwise, was created without any knowledge or reason to believe that the property was being used, had been used, or was intended to be used for the purpose alleged;
In the event of such proof, the court shall order that portion of the property or interest released to the bona fide or innocent co-owner, purchaser, lienholder, mortgagee, secured party, or conditional sales vendor;
If the amount due to such person is less than the value of the property, the property may be sold at public auction or in another commercially reasonable method by the prosecuting attorney. If sold at public auction, the prosecuting attorney shall publish a notice of the sale by at least one (1) publication in a newspaper published and circulated in the city, community, or locality where the sale is to take place at least one (1) week prior to sale of the property. The proceeds from such sale shall be distributed as follows in the order indicated:
(A) To the bona fide or innocent co-owner, purchaser, conditional sales vendor, lienholder, mortgagee, or secured party of the property, if any, up to the value of his interest in the property.
(B) The balance, if any, in the following order:
a. To the prosecuting attorney, for all expenditures made or incurred by him in connection with the sale, including expenditure for any necessary repairs, storage, or transportation of the property, and for all expenditures made or incurred by him in connection with the forfeiture proceedings, including but not limited to expenditures for witnesses’ fees, reporters’ fees, transcripts, printing, traveling, and investigation; and
b. To the law enforcement agency of this state that seized the property for all expenditures for traveling, investigation, storage, and other expenses made or incurred after the seizure and in connection with the forfeiture of any property seized under this chapter.
(C) Notwithstanding any other provision of this section, upon being satisfied that the interest of a co-owner or claimant should not be subject to forfeiture because he neither knew nor should have known that the personal property was being used or had been used for the purposes alleged, or that due to preexisting security interests in such property there is no equity that may be forfeited, the prosecuting attorney may release the property to the co-owner, holder of the security interest, or other claimant.
(D) In any case, the prosecuting attorney, may, within thirty (30) days after order of forfeiture, pay the balance due to the bona fide lienholder, mortgagee, secured party, or conditional sales vendor and thereby purchase the property for use to enforce the provisions of this section.
(d) The provisions of this subsection shall not apply to any seized electronic or computer hardware, and the seizing law enforcement agency shall destroy such property upon exhaustion of all legal actions.
(9) In issuing any order under the provisions of this section, the court shall make a determination that the property, or a portion thereof in the case of real property, was actually used in the violation. The property forfeited shall not be unfairly disproportionate to the property actually used in violation of the provisions of this chapter.
(10) With respect to property ordered forfeited under this section, the prosecuting attorney is authorized to:
(a) Restore forfeited property to victims of a violation of this section or take any other action to protect the rights of innocent persons that is in the interest of justice and that is not inconsistent with the provisions of this section;
(b) Compromise claims arising under this section;
(c) Award compensation to persons providing information resulting in a forfeiture under this section; and
(d) Take appropriate measures necessary to safeguard and maintain property ordered forfeited under this section pending its disposition.
(11) Except as provided in subsection (8) of this section and notwithstanding any other provision of law, no party claiming an interest in property subject to forfeiture under this section may:
(a) Intervene in a trial or appeal of a criminal case involving the forfeiture of such property under this section; or
(b) Commence an action at law or equity against the state of Idaho concerning the validity of his alleged interest in the property subsequent to the filing of an indictment or information alleging that the property is subject to forfeiture under this section.
(12)(a) The district courts of the state of Idaho shall have jurisdiction over:
(i) Property for which forfeiture is sought that is within the state at the time the action is filed; and
(ii) The interest of a co-owner or interest holder in the property if the co-owner or interest holder is subject to personal jurisdiction in this state.
(b) In order to facilitate the identification and location of property declared forfeited after the entry of an order declaring property forfeited to the state of Idaho, the court may, upon application of the state of Idaho, order that the testimony of any witness relating to the property forfeited be taken by deposition and that any designated book, paper, document, record, recording, or other material not privileged be produced at the same time and place and in the same manner as provided for the taking of depositions under rule 26 of the Idaho rules of civil procedure.
(13)(a) On the motion of a party and after notice to any persons who are known to have an interest in the property and an opportunity to be heard, the court may order property that has been seized for forfeiture sold, leased, rented, or operated to satisfy an interest of any interest holder who has timely filed a proper claim or to preserve the interests of any party. The court may order a sale or any other disposition of the property if the property may perish, waste, be foreclosed on, or otherwise be significantly reduced in value or if the expenses of maintaining the property are or will become greater than its fair market value. If the court orders a sale, the court shall designate a third party or state property manager to dispose of the property by public sale or other commercially reasonable method and shall distribute the proceeds in the following order of priority:
(i) Payment of reasonable expenses incurred in connection with the sale;
(ii) Satisfaction of exempt interests in the order of their priority; and
(iii) Preservation of the balance, if any, in the actual or constructive custody of the court in an interest-bearing account, subject to further proceedings under this section.
(b) When property is forfeited under this section, the prosecuting attorney may:
(i) Retain it for official use by law enforcement; or
(ii) Sell that which is not required to be destroyed by law and that is not harmful to the public.
(14) The provisions of this section shall be liberally construed to effectuate its purposes.
[18-1507B, added 2023, ch. 180, sec. 1, p. 489.]
(1) A person commits a felony if he knowingly produces, distributes, receives, possesses, or accesses a visual depiction, including a video or image created using generative AI or machine learning, that:
(a) Depicts a child engaging in explicit sexual conduct; and
(b) Is obscene.
(2) A person who violates subsection (1) of this section is guilty of a felony and shall be punishable by imprisonment in the state prison for a period not to exceed five (5) years or by a fine not to exceed five thousand dollars ($5,000), or by both such imprisonment and fine.
(3) It shall not be a required element of a violation of subsection (1) of this section that the child depicted actually exists.
(4) It shall be an affirmative defense to a charge of receiving or possessing a visual depiction in violation of subsection (1) of this section that the defendant:
(a) Possessed or received five (5) or fewer such visual depictions; and
(b) Promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any such visual depiction:
(i) Took reasonable steps to destroy each such visual depiction; or
(ii) Reported the matter to a law enforcement agency and afforded that agency access to each such visual depiction.
(5) The provisions of this section shall not be construed to impose criminal or civil liability on law enforcement officers acting in good faith and in the course and scope of their official duties.
(6) As used in this section:
(a) "Child" means a person who is less than eighteen (18) years of age.
(b) "Explicit sexual conduct" is as defined in section 18-1507, Idaho Code.
(c) "Generative AI" means any algorithm or model that creates content such as text, images, audio, or video.
(d) "Law enforcement officer" means any court personnel, sheriff, constable, peace officer, state police officer, correctional officer, probation officer, parole officer, prosecuting attorney, or attorney general, or their employees.
(e) "Machine learning" means the use of algorithms to enable a computer to learn to perform tasks by analyzing a large dataset without being explicitly programmed.
(f) The requirement that the visual depiction must be "obscene" as provided in subsection (1)(b) of this section shall require the state to prove that subparagraphs (i), (ii), and (iii) of this paragraph apply to the visual depiction and that the defendant knew the general content, character, and nature of the visual depiction. It is not necessary for the state to prove that the defendant knew or believed the visual depiction to be legally obscene. A visual depiction is "obscene" when:
(i) The average person, applying contemporary community standards, would find that the visual depiction, taken as a whole, is in some way erotic and appeals to a degrading, unhealthy, or morbid interest in sex as distinguished from normal, healthy sexual desires;
(ii) The average person, applying contemporary community standards, would find that the visual depiction depicts ultimate sexual acts, excretory functions, masturbation, or lewd exhibition of the genitals in a patently offensive way; and
(iii) A reasonable person would find that the material, taken as a whole, lacks serious literary, artistic, political, or scientific value.
(g) "Visual depiction" includes undeveloped film and videotape, and data stored on a computer disk or by electronic means that is capable of conversion into a visual image, and also includes any photograph, film, video, picture, digital image or picture, computer image or picture, or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means or created by generative AI or machine learning.
[18-1507C, added 2024, ch. 194, sec. 3, p. 695.]
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.
[(18-1508) I.C., sec. 18-6607, as added by 1973, ch. 1, sec. 1, p. 3; am. and redesignated 1984, ch. 63, sec. 2, p. 112; am. 1992, ch. 145, sec. 3, p. 441.]
(1) It is a felony for any person at least five (5) years of age older than a minor child who is sixteen (16) or seventeen (17) years of age, who, with the intent of arousing, appealing to or gratifying the lust, passion, or sexual desires of such person, minor child, or third party, to:
(a) Commit any lewd or lascivious act or acts upon or with the body or any part or any member thereof of such minor child including, but not limited to, genital-genital contact, oral-genital contact, anal-genital contact, oral-anal contact, manual-anal contact or manual-genital contact, whether between persons of the same or opposite sex, or who shall involve such minor child in any act of explicit sexual conduct as defined in section 18-1507, Idaho Code; or
(b) Solicit such minor child to participate in a sexual act; or
(c) Cause or have sexual contact with such minor child, not amounting to lewd conduct as defined in paragraph (a) of this subsection.
(2) For the purpose of subsection (1)(b) of this section, "solicit" means any written, verbal or physical act which is intended to communicate to such minor child the desire of the actor or third party to participate in a sexual act or participate in sexual foreplay, by the means of sexual contact, photographing or observing such minor child engaged in sexual contact.
(3) For the purpose of this section, "sexual contact" means any physical contact between such minor child and any person or between such minor children which is caused by the actor, or the actor causing such minor child to have self contact.
(4) Any person guilty of a violation of the provisions of subsection (1)(a) of this section shall be imprisoned in the state prison for a period not to exceed life.
(5) Any person guilty of a violation of the provisions of subsection (1)(b) or (c) of this section shall be imprisoned in the state prison for a period not to exceed twenty-five (25) years.
[18-1508A, added 1992, ch. 249, sec. 1, p. 733; am. 2006, ch. 178, sec. 7, p. 549; am. 2022, ch. 123, sec. 2, p. 435.]
Any person eighteen (18) years of age or older who commits any lewd or lascivious act or acts on or with the body or any part or member thereof of a minor child under sixteen (16) years of age but thirteen (13) years of age or older, 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 involves such minor child in any act of bestiality or sadomasochism 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 a third party shall be guilty of felony aggravated lewd conduct with a minor child under sixteen (16) years of age and shall be sentenced to a mandatory minimum fixed term of imprisonment of twenty-five (25) years with a possible maximum term of life if any two (2) of the following aggravating factors occurred during the commission of or to accomplish the lewd conduct:
(1) The victim was kidnapped as defined in section 18-4501, Idaho Code;
(2) The defendant committed the crime of human trafficking, as defined in section 18-8602, Idaho Code, against the victim;
(3) The defendant has been found guilty of or has plead guilty to any offense requiring sex offender registration as set forth in section 18-8304, Idaho Code;
(4) The defendant was, at the time of the offense, in a position of trust, or had supervisory or disciplinary power over the victim by virtue of the defendant’s legal, professional, or occupational status and used the position of trust or power to accomplish the lewd conduct; or the defendant had, at the time of the offense, parental or custodial authority over the victim and used the authority to accomplish the lewd conduct;
(5) The defendant tortured the victim by the intentional infliction of extreme and prolonged pain with the intent to cause suffering or by the infliction of extreme and prolonged acts of brutality irrespective of proof of intent to cause suffering;
(6) The defendant used force or coercion;
(7) The defendant was armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon;
(8) The defendant caused great bodily injury, as defined in section 19-2520B, Idaho Code, or mutilation to the victim;
(9) The defendant’s commission of the offense involved more than one (1) victim;
(10) The defendant’s commission of the offense involved more than one (1) perpetrator;
(11) The victim contracted a sexually transmitted disease as a result of the lewd conduct;
(12) The victim was impregnated as a result of the lewd conduct;
(13) The defendant willfully and unlawfully choked or attempted to strangle the victim during the commission of the lewd conduct; or
(14) The defendant knew or had reason to know that the victim had a developmental disability as defined in section 66-402(5), Idaho Code.
AGGRAVATED LEWD CONDUCT WITH MINOR CHILD UNDER SIXTEEN. [effective January 1, 2027]
Any person eighteen (18) years of age or older who commits any lewd or lascivious act or acts on or with the body or any part or member thereof of a minor child under sixteen (16) years of age but thirteen (13) years of age or older, 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 involves such minor child in any act of bestiality or sadomasochism 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 a third party shall be guilty of felony aggravated lewd conduct with a minor child under sixteen (16) years of age and shall be sentenced to a mandatory minimum fixed term of imprisonment of twenty-five (25) years with a possible maximum term of life if any two (2) of the following aggravating factors occurred during the commission of or to accomplish the lewd conduct:
(1) The victim was kidnapped as defined in section 18-4501, Idaho Code;
(2) The defendant committed the crime of human trafficking, as defined in section 18-8602, Idaho Code, against the victim;
(3) The defendant has been found guilty of or has plead guilty to any offense requiring sex offender registration as set forth in section 18-8304, Idaho Code;
(4) The defendant was, at the time of the offense, in a position of trust, or had supervisory or disciplinary power over the victim by virtue of the defendant’s legal, professional, or occupational status and used the position of trust or power to accomplish the lewd conduct; or the defendant had, at the time of the offense, parental or custodial authority over the victim and used the authority to accomplish the lewd conduct;
(5) The defendant tortured the victim by the intentional infliction of extreme and prolonged pain with the intent to cause suffering or by the infliction of extreme and prolonged acts of brutality irrespective of proof of intent to cause suffering;
(6) The defendant used force or coercion;
(7) The defendant was armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon;
(8) The defendant caused great bodily injury, as defined in section 19-2520B, Idaho Code, or mutilation to the victim;
(9) The defendant’s commission of the offense involved more than one (1) victim;
(10) The defendant’s commission of the offense involved more than one (1) perpetrator;
(11) The victim contracted a sexually transmitted disease as a result of the lewd conduct;
(12) The victim was impregnated as a result of the lewd conduct;
(13) The defendant willfully and unlawfully choked or attempted to strangle the victim during the commission of the lewd conduct; or
(14) The defendant knew or had reason to know that the victim had a developmental disability as defined in section 66-402 (4), Idaho Code.
[18-1508B, added 2025, ch. 177, sec. 1, p. 832; am. 2026, ch. 79, sec. 14, p. 399.]
Any person eighteen (18) years of age or older who commits any lewd or lascivious act or acts on or with the body or any part or member thereof of a minor child twelve (12) years of age or under, 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 involves such minor child in any act of bestiality or sadomasochism 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 a third party shall be guilty of felony aggravated lewd conduct with a minor child twelve (12) years of age or under if any two (2) of the following aggravating factors occurred during the commission of or to accomplish the lewd conduct:
(1) The defendant engaged in three (3) or more incidents of lewd conduct of a child involving the same victim on separate occasions;
(2) The defendant penetrated, however slight, the oral, anal, or vaginal opening of the victim with a penis;
(3) The victim was kidnapped as defined in section 18-4501, Idaho Code;
(4) The defendant committed the crime of human trafficking, as defined in section 18-8602, Idaho Code, against the victim;
(5) The defendant has been found guilty of or has plead guilty to any offense requiring sex offender registration as set forth in section 18-8304, Idaho Code;
(6) The defendant was, at the time of the offense, in a position of trust, or had supervisory or disciplinary power over the victim by virtue of the defendant’s legal, professional, or occupational status and used the position of trust or power to accomplish the lewd conduct; or the defendant had, at the time of the offense, parental or custodial authority over the victim and used the authority to accomplish the lewd conduct;
(7) The defendant tortured the victim by the intentional infliction of extreme and prolonged pain with the intent to cause suffering or by the infliction of extreme and prolonged acts of brutality irrespective of proof of intent to cause suffering;
(8) The defendant used force or coercion;
(9) The defendant was armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon;
(10) The defendant caused great bodily injury, as defined in section 19-2520B, Idaho Code, or mutilation to the victim;
(11) The defendant’s commission of the offense involved more than one (1) victim;
(12) The defendant’s commission of the offense involved more than one (1) perpetrator;
(13) The victim contracted a sexually transmitted disease as a result of the lewd conduct;
(14) The victim was impregnated as a result of the lewd conduct;
(15) The defendant willfully and unlawfully choked or attempted to strangle the victim during the commission of the lewd conduct;
(16) The defendant provided alcohol, drugs, or other intoxicating substance to the victim; or
(17) The defendant knew or had reason to know that the victim had a developmental disability as defined in section 66-402(5), Idaho Code.
AGGRAVATED LEWD CONDUCT WITH MINOR CHILD TWELVE OR UNDER. [effective January 1, 2027]
Any person eighteen (18) years of age or older who commits any lewd or lascivious act or acts on or with the body or any part or member thereof of a minor child twelve (12) years of age or under, 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 involves such minor child in any act of bestiality or sadomasochism 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 a third party shall be guilty of felony aggravated lewd conduct with a minor child twelve (12) years of age or under if any two (2) of the following aggravating factors occurred during the commission of or to accomplish the lewd conduct:
(1) The defendant engaged in three (3) or more incidents of lewd conduct of a child involving the same victim on separate occasions;
(2) The defendant penetrated, however slight, the oral, anal, or vaginal opening of the victim with a penis;
(3) The victim was kidnapped as defined in section 18-4501, Idaho Code;
(4) The defendant committed the crime of human trafficking, as defined in section 18-8602, Idaho Code, against the victim;
(5) The defendant has been found guilty of or has plead guilty to any offense requiring sex offender registration as set forth in section 18-8304, Idaho Code;
(6) The defendant was, at the time of the offense, in a position of trust, or had supervisory or disciplinary power over the victim by virtue of the defendant’s legal, professional, or occupational status and used the position of trust or power to accomplish the lewd conduct; or the defendant had, at the time of the offense, parental or custodial authority over the victim and used the authority to accomplish the lewd conduct;
(7) The defendant tortured the victim by the intentional infliction of extreme and prolonged pain with the intent to cause suffering or by the infliction of extreme and prolonged acts of brutality irrespective of proof of intent to cause suffering;
(8) The defendant used force or coercion;
(9) The defendant was armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon;
(10) The defendant caused great bodily injury, as defined in section 19-2520B, Idaho Code, or mutilation to the victim;
(11) The defendant’s commission of the offense involved more than one (1) victim;
(12) The defendant’s commission of the offense involved more than one (1) perpetrator;
(13) The victim contracted a sexually transmitted disease as a result of the lewd conduct;
(14) The victim was impregnated as a result of the lewd conduct;
(15) The defendant willfully and unlawfully choked or attempted to strangle the victim during the commission of the lewd conduct;
(16) The defendant provided alcohol, drugs, or other intoxicating substance to the victim; or
(17) The defendant knew or had reason to know that the victim had a developmental disability as defined in section 66-402 (4), Idaho Code.
[18-1508C, added 2025, ch. 177, sec. 2, p. 833; am. 2026, ch. 79, sec. 15, p. 400.]
Subject to the provisions of sections 19-2515 and 19-2515A, Idaho Code, every person eighteen (18) years of age or older guilty of aggravated lewd conduct with a minor child twelve (12) years of age or under 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 three (3) statutory aggravating circumstances 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, finds two (2) statutory aggravating circumstances beyond a reasonable doubt and if the death penalty is not sought, the court shall impose a life sentence with a minimum period of confinement of not less than thirty (30) 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.
[18-1508D, added 2025, ch. 177, sec. 3, p. 834.]
Any person convicted of an offense as provided in section 18-1508, 18-1508B, or 18-1508C, Idaho Code, requiring sex offender registration as set forth in section 18-8304, Idaho Code, and who is ordered to a fixed minimum term of confinement shall not, during such term of confinement, be eligible for parole, discharge, credit, reduction of sentence for good conduct, work release, or furlough.
[18-1508E, added 2025, ch. 177, sec. 4, p. 834.]
(1) A person shall be guilty of a misdemeanor if that person attempts to persuade, or persuades, whether by words or actions or both, a minor child under the age of sixteen (16) years to either:
(a) Leave the child’s home or school; or
(b) Enter a vehicle or building; or
(c) Enter a structure or enclosed area, or alley, with the intent that the child shall be concealed from public view;
while the person is acting without the authority of (i) the custodial parent of the child, (ii) the state of Idaho or a political subdivision thereof or (iii) one having legal custody of the minor child. Nothing contained in this section shall be construed to prevent the lawful detention of a minor child or the rendering of aid or assistance to a minor child.
(2) Every person who is convicted of a violation of the provisions of this section shall be punished by imprisonment in the county or municipal jail for not more than six (6) months or by a fine of not more than one thousand dollars ($1,000) or by both such fine and imprisonment. A person convicted a second or subsequent time of violating the provisions of this section shall be guilty of a felony and shall be punished by imprisonment in the state penitentiary for a period of time of not more than five (5) years.
[18-1509, added 1985, ch. 81, sec. 1, p. 156.]
(1) A person eighteen (18) years of age 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 child or a person the defendant believes to be a child 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.
(6) As used in this section, "child" means:
(a) A person under sixteen (16) years of age; or
(b) A person who is sixteen (16) or seventeen (17) years of age when the perpetrator is at least five (5) years of age older.
[18-1509A, added 2003, ch. 145, sec. 1, p. 419; am. 2012, ch. 270, sec. 1, p. 764; am. 2026, ch. 51, sec. 1, p. 238.]
(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) Licensed children’s residential care facilities, registered children’s institutions, and behavioral health youth crisis centers providing emergency runaway services are not guilty of a violation of this section if:
(i) The facility attempts to contact and is unable to locate the child’s parent or legal guardian or the child refuses to disclose the contact information of the child’s parent or legal guardian; and
(ii) The facility has notified the county sheriff or police of the child’s whereabouts pursuant to local laws and licensure requirements.
(b) Licensed children’s residential care facilities, registered children’s institutions, and behavioral health youth crisis centers are still required to comply with reporting requirements pursuant to section 16-1605, Idaho Code.
(c) As used in this subsection:
(i) "Behavioral health youth crisis center" means a voluntary outpatient facility operated twenty-four (24) hours a day, seven (7) days a week, and three hundred sixty-five (365) days a year to provide evaluation, intervention, and referral for youth seventeen (17) years of age or younger who are experiencing a crisis due to a behavioral health condition. The facility may not provide services to a youth client for more than twenty-three (23) hours and fifty-nine (59) minutes in a single episode of care.
(ii) "Licensed children’s residential care facility" has the same meaning as in section 39-1202, Idaho Code.
(iii) "Registered children’s institution" has the same meaning as in section 39-1202, Idaho Code.
(3) 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 imprisonment and fine. 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.
[18-1510, added 1989, ch. 155, sec. 11, p. 389; am. 2024, ch. 248, sec. 1, p. 880; am. 2025, ch. 100, sec. 1, p. 542.]
(1) 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 no more than fourteen (14) years, or by a fine of no more than five thousand dollars ($5,000), or by both such fine and imprisonment.
(2) Any person or organization without a valid and unrevoked license to place children for adoption issued by the Idaho department of health and welfare or a valid and unrevoked license to practice law in Idaho shall be guilty of a misdemeanor if such person or organization:
(a) Advertises in any periodical or newspaper, by radio, or by any other public medium that the person or organization will place children for adoption;
(b) Accepts, supplies, provides, or obtains children for adoption; or
(c) Causes any advertisement to be published in or by any public medium soliciting, requesting, or asking for any child or children for adoption.
(3) Any person, organization, association, or corporation without a valid and unrevoked license to place children for adoption issued by the Idaho department of health and welfare that places any child for adoption shall be guilty of a misdemeanor. The provisions of this subsection shall not apply to a birth parent.
(4) The provisions of 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 postpartum based on demonstrated financial need.
(5) Any person or agency seeking to provide financial assistance in excess of two thousand dollars ($2,000) 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 and shall not be required to make any findings prior to an approval. The court shall take into consideration all of the needs of the birth mother from the time of conception of the child, including housing, medical, basic living, transportation, and any increases to cost of living. 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 at the time of the adoption finalization.
(6) 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.
[18-1511, added 1972, ch. 336, sec. 1, p. 873; am. 2000, ch. 172, sec. 1, p. 441; am. 2024, ch. 231, sec. 1, p. 813; am. 2024, ch. 232, sec. 1, p. 814; am. 2025, ch. 211, sec. 9, p. 976.]
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.
[I.C., sec. 18-1512, as added by 1972, ch. 336, sec. 1, p. 873.]
(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.
[18-1512A, added 1988, ch. 226, sec. 1, p. 439; am. 2000, ch. 174, sec. 1, p. 442.]
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.
[I.C., sec. 18-1513, as added by 1972, ch. 336, sec. 1, p. 873.]
The following definitions are applicable to this act:
(1) "Adolescent minor" means any person thirteen (13) years of age or older but less than eighteen (18) years of age.
(2) "Minor" means any person less than eighteen (18) years of age.
(3) "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.
(4) "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. Breastfeeding, childbearing, medical procedures and examinations, and any other nonerotic physical contact shall not be considered sexual conduct.
(5) "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
(6) "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.
(7)(a) "Harmful to minors" means the quality of any material when it:
(i) Taken as a whole, appeals to the prurient interest of adolescent minors as judged by the average person, applying contemporary community standards; and
(ii) 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 adolescent minors and includes, but is not limited to, patently offensive representations or descriptions of:
Intimate sexual acts, normal or perverted, actual or simulated; or
Masturbation, excretory functions or lewd exhibition of the genitals or genital area.
(b) "Harmful to minors" shall not include material that, when considered as a whole, possesses serious literary, artistic, political, or scientific value for adolescent minors.
(8) "Material" means anything tangible, whether derived through the medium of reading, observation, or sound, including any picture, photograph, drawing, sculpture, motion picture, film, or similar visual representation or image or any book, pamphlet, magazine, printed matter however reproduced, or sound recording.
(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 that warrants further inspection or inquiry.
(11) "School" means any school providing instruction for students in kindergarten through grade 12.
(12) "Sexually explicit" means the quality of any material when it contains erotic depictions of nudity, depicts sexual conduct or sado-masochistic abuse, or contains any explicit and detailed description or narrative account of sexual excitement, sexual conduct, or sado-masochistic abuse. "Sexually explicit" shall not include diagrams about anatomy for scientific education, religious books such as the Bible and the Torah, or content relating to classical works of art.
[18-1514, added 1972, ch. 336, sec. 1, p. 874; am. 1976, ch. 81, sec. 15, p. 267; am. 2024, ch. 327, sec. 1, p. 1080; am. 2026, ch. 343, sec. 1, p. 1335.]
A person is guilty of disseminating material harmful to minors when:
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 any material that is sexually explicit and, taken as a whole, is harmful to minors.
With reference to a motion picture, show or other presentation that is sexually explicit and, taken as a whole, 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.
[18-1515, added 1972, ch. 336, sec. 1, p. 875; am. 2026, ch. 343, sec. 2, p. 1336.]
A person is guilty of a misdemeanor when:
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.
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.
[I.C., sec. 18-1516, as added by 1972, ch. 336, sec. 1, p. 876.]
(a) The defendant had reasonable cause to believe that the minor involved was eighteen (18) years old or more, or such minor exhibited to the defendant a draft card, driver’s license, birth certificate, or other official or apparently official document purporting to establish that the minor was eighteen (18) years of age or older.
(b) The minor involved was accompanied by his parent or legal guardian, or by an adult and the adult represented that he was the minor’s parent or guardian or an adult and signed a written statement to that effect.
(c) The defendant was the parent or guardian of the minor involved.
(d) The defendant was a bona fide school, college, university, museum or public library, or was acting in his capacity as an employee of such an organization or a retail outlet affiliated with and serving the educational purposes of such an organization.
[I.C., sec. 18-1517, as added by 1972, ch. 336, sec. 1, p. 876.]
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.
[I.C., sec. 18-1517A, as added by 1973, ch. 305, sec. 18, p. 655.]
(1) This section shall be known and may be cited as the "Children’s School and Library Protection Act."
(2) Notwithstanding any other provision of law, a school or public library, or an agent thereof, shall not promote, give, or make available to a minor any material that is sexually explicit and, taken as a whole, is harmful to minors.
(3) Any minor who obtains material, or parent or legal guardian whose child obtained material, in violation of the provisions of subsection (2) of this section from a school or public library shall have a cause of action against such institution if:
(a) The institution gave or made available the material, or the institution failed to take reasonable steps to restrict access by minors to the material;
(b) Prior to the filing of a cause of action, the minor, parent, or legal guardian has provided written notice to the school or public library asking for the relocation of such material to a section designated for adults only within sixty (60) days of receipt of the written notice; and
(c) Upon receipt of written notice and subsequent to the expiration of sixty (60) days, the institution’s library board or board of trustees failed to relocate the material to an area with adult access only.
(4) Any minor, parent, or legal guardian who prevails in an action brought under this section may recover two hundred fifty dollars ($250) in statutory damages as well as actual damages and any other relief available by law, including but not limited to injunctive relief sufficient to prevent the defendant school or public library from violating the requirements of this section.
(5) A county prosecuting attorney or the attorney general shall have a cause of action for injunctive relief against any school or public library that violates the provisions of subsection (2) of this section. The injunction shall be sufficient to prevent the defendant school or public library from violating the requirements of this section.
(6) It shall be an affirmative defense to civil liability under this section that the defendant:
(a) Had reasonable cause to believe that the minor involved was eighteen (18) years of age or older 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; or
(b) Verified the minor involved was accompanied, at the time of the act, by his parent or legal guardian, or by another adult and the adult represented that he was the minor’s parent or legal guardian and signed a written statement to that effect.
(7) Each school and public library shall have a policy and readily accessible form allowing a person to request review of material the person considers to be harmful to minors. Such form shall contain the definitions of "sexually explicit" and "harmful to minors," as provided in section 18-1514, Idaho Code.
(8) Any action brought pursuant to this section by or on behalf of a minor shall be in accordance with the provisions of chapter 9, title 6, Idaho Code, section 5-306, Idaho Code, and rule 17 of the Idaho rules of civil procedure.
[18-1517B, added 2024, ch. 327, sec. 2, p. 1081; am. 2026, ch. 343, sec. 3, p. 1337.]
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.
[I.C., sec. 18-1518, as added by 1972, ch. 336, sec. 1, p. 876.]
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.
[I.C., sec. 18-1519, as added by 1972, ch. 336, sec. 1, p. 876.]
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:
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.
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.
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.
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.
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.
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.
[I.C., sec. 18-1520, as added by 1972, ch. 336, sec. 1, p. 877.]
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.
[I.C., sec. 18-1521, as added by 1972, ch. 336, sec. 1, p. 877.]
(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
(c) Enters a school bus and refuses to disembark after being ordered to do so by the driver.
(2) School districts shall place notices at the entrance to school buses which warn against unauthorized school bus entry.
[18-1522, added 1999, ch. 159, sec. 1, p. 437.]
(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.
(d) "Physician" means any person who holds a license to practice medicine and surgery, osteopathic medicine and surgery or osteopathic medicine as defined by section 54-1803, Idaho Code.
(e) "Tanning device" means equipment that emits electromagnetic radiation with wavelengths in the air between two hundred (200) and four hundred (400) nanometers used for tanning of the skin including, but not limited to, sunlamps, tanning booths or tanning beds, but not including:
(i) Devices for personal use in a private residence;
(ii) Phototherapy devices providing therapeutic benefits to patients receiving medically supervised treatment prescribed by and under the direct supervision of a physician; or
(iii) Devices used to apply chemicals to the skin to create an artificial tan, commonly referred to as spray, spray-on, mist-on or sunless tans.
(f) "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, facilitate use of a tanning device or perform body piercing on any minor under the age of fourteen (14) years.
(3) No person shall knowingly tattoo, brand, facilitate use of a tanning device 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 or facilitating the use of a tanning device on the minor, or in the presence of an employee or agent of such person.
(4) Notwithstanding the foregoing, it shall not be a violation of this section for a physician to use radiation devices approved by the federal food and drug administration for in-office treatment of a minor’s medical condition or to facilitate a minor’s use of a tanning device where such use is authorized by a physician’s prescription.
(5) 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).
[18-1523, added 2004, ch. 127, sec. 1, p. 436; am. 2015, ch. 91, sec. 1, p. 225.]
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.
[18-1601, added 1972, ch. 336, sec. 1, p. 878; am. 2006, ch. 71, sec. 1, p. 216.]
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.
[18-1701, added 1978, ch. 117, sec. 2, p. 268.]
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 misdemeanor.
[18-1702, added 1972, ch. 336, sec. 1, p. 879.]
Every person guilty of any contempt of court, of either of the following kinds, is guilty of a misdemeanor:
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.
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.
Any breach of the peace, noise or other disturbance directly tending to interrupt the proceedings of any court.
Wilful disobedience of any process or order lawfully issued by any court.
Resistance wilfully offered by any person to the lawful order or process of any court.
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.
[18-1801, added 1972, ch. 336, sec. 1, p. 879; am. 1994, ch. 131, sec. 8, p. 298.]
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.
[18-1901, added 1972, ch. 336, sec. 1, p. 880.]
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.
[18-1902, added 1972, ch. 336, sec. 1, p. 880.]
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.
[18-1903, added 1972, ch. 336, sec. 1, p. 880.]
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:
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,
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,
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,
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,
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.
[18-1904, added 1972, ch. 336, sec. 1, p. 880.]
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.
[18-1905, added 1972, ch. 336, sec. 1, p. 881; am. 2006, ch. 71, sec. 2, p. 217.]
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.
[18-1906, added 1972, ch. 336, sec. 1, p. 881.]
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.
[18-1907, added 1972, ch. 336, sec. 1, p. 881.]
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.
[18-1908, added 1972, ch. 336, sec. 1, p. 882.]
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.
[18-1909, added 1972, ch. 336, sec. 1, p. 882.]
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.
[18-1910, added 1972, ch. 336, sec. 1, p. 882.]
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.
[18-1911, added 1972, ch. 336, sec. 1, p. 882.]
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.
[18-1912, added 1972, ch. 336, sec. 1, p. 882.]
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.
[18-2001, added 1982, ch. 270, sec. 1, p. 701.]
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.
[18-2002, added 1982, ch. 270, sec. 1, p. 701.]
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.
[18-2003, added 1982, ch. 270, sec. 1, p. 702.]
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.
[18-2004, added 1982, ch. 270, sec. 1, p. 702.]
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.
[18-2005, added 1994, ch. 214, sec. 1, p. 672; am. 1997, ch. 222, sec. 1, p. 654.]
As use 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.
[18-2201, added 1984, ch. 68, sec. 1, p. 129.]
(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.
[18-2202, added 1984, ch. 68, sec. 1, p. 130.]
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.
[18-2301, added 1972, ch. 336, sec. 1, p. 888.]
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.
[18-2302, added 1972, ch. 336, sec. 1, p. 889.]
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.
[18-2303, added 1972, ch. 336, sec. 1, p. 889.]
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.
[18-2304, added 1972, ch. 336, sec. 1, p. 889.]
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.
[18-2305, added 1972, ch. 336, sec. 1, p. 889.]
Every person not entitled to vote who fraudulently votes and every person who votes more than once at any one (1) election or knowingly hands in two (2) or more tickets folded together shall be guilty of a felony.
[18-2306, added 2026, ch. 63, sec. 2, p. 263.]
(1) Every person who changes any ballot after the same has been deposited in the ballot box, or who 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 by adding to or mixing with, or attempting 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 shall be guilty of a felony.
(2) Every person who carries away or destroys, or attempts to carry away or destroy, any poll list, ballots, or ballot box, for the purpose of breaking up or invalidating such election, or who willfully detains, mutilates, or destroys any election returns, or who 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 shall be guilty of a felony.
[18-2306A, added 2026, ch. 63, sec. 3, p. 263.]
Every person who violates the provisions of section 34-2404(1) or (2), Idaho Code, by tampering with a voting machine or vote tally system shall be guilty of a felony.
[18-2306B, added 2026, ch. 63, sec. 4, p. 264.]
(1) It is unlawful for any alien to vote in any election held in this state solely or in part for the purpose of electing or nominating any candidate to any elective office. 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.
(2) It shall be an affirmative defense to the provisions of subsection (1) of this section that an alien reasonably believed at the time of voting in violation of this section that such person was a citizen of the United States.
[18-2307, added 1972, ch. 336, sec. 1, p. 890; am. 2023, ch. 267, sec. 1, p. 797.]
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).
[18-2308, added 1972, ch. 336, sec. 1, p. 890; am. 2006, ch. 71, sec. 3, p. 217.]
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.
[I.C., sec. 18-2309, as added by 1972, ch. 336, sec. 1, p. 890.]
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.
[18-2310, added 1972, ch. 336, sec. 1, p. 891.]
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.
[I.C., sec. 18-2311, as added by 1972, ch. 336, sec. 1, p. 891.]
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 years.
[18-2312, added 1972, ch. 336, sec. 1, p. 891.]
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.
[18-2313, added 1972, ch. 336, sec. 1, p. 891.]
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.
[18-2314, added 1972, ch. 336, sec. 1, p. 891.]
Unless a different punishment is otherwise prescribed by law, every person who willfully violates any of the provisions of the laws of this state relating to elections is punishable by fine not exceeding $1,000, or by imprisonment in the state prison not exceeding five (5) years, or by both.
[18-2315, added 1972, ch. 336, sec. 1, p. 891; am. 2017, ch. 293, sec. 3, p. 775.]
(1) No person shall falsely make, make oath to, 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 that has been duly filed, or any part thereof.
(2) No person shall willfully delay the delivery of any ballots, or forge or falsely make the official endorsement on the ballot, or willfully destroy, tamper with, or change in any way any ballot that does not belong to such person.
(3) 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 (1) year nor more than five (5) years.
[18-2316, added 1972, ch. 336, sec. 1, p. 891; am. 2024, ch. 317, sec. 1, p. 1050.]
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).
[18-2317, added 1972, ch. 336, sec. 1, p. 892; am. 2006, ch. 71, sec. 4, p. 217.]
(1) In order to protect the freedom of voters to exercise their franchise without interference or intimidation and to ensure the administration of an election at any polling place is undisturbed, the provisions of this section shall apply on any day that ballots are being cast in person for any election.
(2)(a) No person may, within a polling place, within any building in which an election is being held, or within two hundred fifty (250) feet of the primary entrance and exit used by voters at a polling place or other voting location:
(i) Do any electioneering;
(ii) Circulate cards or handbills of any kind;
(iii) Solicit signatures to any kind of petition;
(iv) Advocate for or against any candidate or measure;
(v) Solicit votes in any manner or by any means;
(vi) Give or offer to give any money or gifts; or
(vii) Engage in any practice that interferes with the freedom of voters to exercise their franchise or disrupts the administration of the polling place.
(b) The restrictions set forth in this subsection shall not apply to conduct occurring on private property located adjacent to a building designated as a polling place.
(3) 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.
(4) Nothing in this section shall be construed to prohibit poll workers and elections officials from being physically present at a voting location, distributing material that is necessary to instruct electors, or distributing materials prepared by the secretary of state or by the county clerk.
(5) Any election official may take the necessary steps to address electioneering, including but not limited to the removal of physical materials, addressing individuals deemed to be electioneering, or contacting law enforcement.
(6) The first two (2) violations of this section by a person shall be deemed an infraction punishable by a fine in the amount of three hundred dollars ($300) for each such violation. Any person who violates this section three (3) or more times is guilty of a misdemeanor.
[18-2318, added 1986, ch. 97, sec. 2, p. 276; am. 1997, ch. 360, sec. 1, p. 1061; am. 2006, ch. 71, sec. 5, p. 218; am. 2007, ch. 202, sec. 1, p. 620; am. 2024, ch. 195, sec. 1, p. 700.]
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.
[18-2319, added 1972, ch. 336, sec. 1, p. 892.]
No person shall in any way offer a bribe to an elector to influence his vote.
[18-2320, added 1972, ch. 336, sec. 1, p. 892.]
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.
[18-2321, added 1972, ch. 336, sec. 1, p. 892.]
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.
[18-2322, added 1972, ch. 336, sec. 1, p. 893; am. 2006, ch. 71, sec. 6, p. 218.]
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.
[18-2323, added 1972, ch. 336, sec. 1, p. 893.]
(1) Except as provided in subsections (2) and (3) of this section, no person shall knowingly collect or convey another voter’s voted or unvoted ballot.
(2) This section shall not apply to:
(a) A person who collects or conveys another voter’s voted or unvoted ballot in the course of such person’s regular duties as an elections official;
(b) A person who collects or conveys another voter’s voted or unvoted ballot in the course of such person’s regular duties as a United States postal service worker or other person specifically authorized by law to transmit United States mail;
(c) A person who collects or conveys another voter’s voted or unvoted ballot in the course of such person’s regular duties as an employee or contractor of a common carrier;
(d) A person who receives compensation from the voter in exchange for collecting or conveying the voter’s voted or unvoted ballot;
(e) A person who is related to the voter, whether by adoption, marriage, or blood, within the fifth degree of consanguinity;
(f) A person who is a member of the voter’s household; or
(g) A person who is a caregiver of the voter, unless the voter is under care for memory or cognitive impairment.
(3) A person who is a candidate for elective office on the ballot or who is employed by or volunteers for a political party, candidate for elective office on the ballot, or organization that supports or opposes any ballot measure or candidate for elective office on the ballot may not collect or convey voted or unvoted ballots pursuant to subsection (2)(e), (f), or (g) of this section. An individual authorized to collect and convey a voter’s ballot pursuant to subsection (2)(e), (f), or (g) of this section may not collect or convey more than six (6) total voted ballots and six (6) total unvoted ballots in any election.
(4) Any person who lawfully collects or conveys another voter’s voted or unvoted ballot as authorized in subsection (2) of this section shall not attempt to influence the voter in any way.
(5) A violation of the provisions of this section constitutes a felony if the person was paid by anyone other than the voter to collect and convey the voter’s ballot or if the cumulative number of ballots collected or conveyed in violation of the provisions of this section is ten (10) or more in any election. Any other violation of the provisions of this section constitutes a misdemeanor.
[18-2324, added 2024, ch. 317, sec. 2, p. 1050.]
(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.
[18-2401, added 1981, ch. 183, sec. 2, p. 319.]
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 that is false and that the offender does not believe to be true; or
(b) Fail to correct a false impression that the offender previously has created or confirmed; or
(c) Prevent another from acquiring information pertinent to the disposition of the property involved; 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 that 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. "Owner" includes any person who physically delivers or transfers goods or property to a purchaser through an agreement or contract in which the purchaser has entered into fraudulently by having no intention to pay any amount for the goods or property. For the purposes of this chapter and regardless of any contrary provisions of chapter 2, title 28, Idaho Code, such owner retains a superior right to possession of such goods or property over the fraudulent purchaser.
(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 that 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:
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.
The value of a ticket or equivalent instrument that 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 that the issuer charges the general public.
The value of any other instrument that creates, releases, discharges or otherwise affects any valuable legal right, privilege or obligation shall be deemed the greatest amount of economic loss 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.
[18-2402, added 1981, ch. 183, sec. 2, p. 320; am. 1994, ch. 132, sec. 1, p. 301; am. 1999, ch. 147, sec. 1, p. 417; am. 2022, ch. 212, sec. 1, p. 682.]
(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:
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
Fails to take reasonable measures to restore the property to the owner; and
Intends to deprive the owner permanently of the use or benefit of the property.
(d) By false promise:
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.
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:
Cause physical injury to some person in the future; or
Cause damage to property; or
Engage in other conduct constituting a crime; or
Accuse some person of a crime or cause criminal charges to be instituted against him; or
Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule; or
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
Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense; or
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
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 or other equipment under an agreement in writing which provides for the return of the vehicle or other equipment to a particular place at a particular time, he willfully or intentionally fails to return the vehicle or other equipment 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.
[18-2403, added 1981, ch. 183, sec. 2, p. 322; am. 1985, ch. 216, sec. 1, p. 525; am. 2001, ch. 112, sec. 1, p. 401; am. 2017, ch. 215, sec. 1, p. 520.]
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.
[18-2404, added 1981, ch. 183, sec. 2, p. 324.]
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.
[18-2405, added 1981, ch. 183, sec. 2, p. 324.]
(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.
[18-2406, added 1981, ch. 183, sec. 2, p. 324; am. 2008, ch. 23, sec. 1, p. 36.]
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:
Cause physical injury to some person in the future; or
Cause damage to property; or
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:
The value of the property taken exceeds one thousand dollars ($1,000); or
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
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
The property, regardless of its nature or value, is taken from the person of another; or
The property, regardless of its nature and value, is obtained by extortion; or
The property consists of one (1) or more firearms, rifles or shotguns; or
The property taken or deliberately killed is livestock or any other animal exceeding one hundred fifty dollars ($150) in value.
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
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
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.
[18-2407, added 1981, ch. 183, sec. 2, p. 325; am. 1982, ch. 272, sec. 1, p. 703; am. 1983, ch. 19, sec. 1, p. 54; am. 1987, ch. 84, sec. 1, p. 158; am. 1994, ch. 132, sec. 2, p. 303; am. 1994, ch. 346, sec. 21, p. 1097; am. 1998, ch. 326, sec. 1, p. 1054; am. 2000, ch. 243, sec. 1, p. 679; am. 2002, ch. 257, sec. 1, p. 747; am. 2002, ch. 326, sec. 1, p. 917.]
(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.
[18-2408, added 1981, ch. 183, sec. 2, p. 325; am. 1983, ch. 19, sec. 2, p. 55; am. 1987, ch. 84, sec. 2, p. 159; am. 1995, ch. 216, sec. 1, p. 754; am. 2001, ch. 112, sec. 2, p. 403; am. 2002, ch. 257, sec. 2, p. 748; am. 2002, ch. 289, sec. 1, p. 837.]
(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.
[18-2409, added 1981, ch. 183, sec. 2, p. 325; am. 1982, ch. 272, sec. 2, p. 704.]
(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 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.
[18-2410, added 1982, ch. 214, sec. 1, p. 588.]
(1) A person commits unlawful use of a theft detection shielding device when he knowingly manufacturers, 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.
[18-2411, added 2000, ch. 129, sec. 1, p. 305.]
(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.
[18-2415, added 2002, ch. 289, sec. 2, p. 838.]
This act may be known and cited as the "Unused Merchandise Ownership Protection Act."
[18-2416, added 2000, ch. 130, sec. 1, p. 306.]
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.
[18-2417, added 2000, ch. 130, sec. 1, p. 306.]
(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;
(c) "Drug" means unused merchandise, other than food, that:
(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.
[18-2418, added 2000, ch. 130, sec. 1, p. 306.]
(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
(c) Fail to maintain any receipt as required by this section.
[18-2419, added 2000, ch. 130, sec. 1, p. 307.]
(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;
(c) Vehicles subject to registration pursuant to title 49, Idaho Code;
(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.
[18-2420, added 2000, ch. 130, sec. 1, p. 307.]
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.
[18-2421, added 2000, ch. 130, sec. 1, p. 308.]
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.
[18-2501, added 1972, ch. 336, sec. 1, p. 896; am. 2006, ch. 71, sec. 7, p. 219.]
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 fine not exceeding ten thousand dollars ($10,000). Every such officer or person who negligently suffers such escape is guilty of a misdemeanor.
[18-2502, added 1972, ch. 336, sec. 1, p. 896; am. 2000, ch. 272, sec. 5, p. 790.]
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.
[18-2504, added 1972, ch. 336, sec. 1, p. 896.]
(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, or was eighteen (18) years of age or older at the time of the escape or attempted escape, the person shall be guilty of a felony for a violation of this section and shall be subject to adult criminal proceedings.
[18-2505, as added by 1972, ch. 336, sec. 1, p. 896; am. 1990, ch. 313, sec. 1, p. 858; am. 1995, ch. 74, sec. 1, p. 195; am. 1997, ch. 77, sec. 1, p. 161; am. 1998, ch. 359, sec. 1, p. 1123; am. 2000, ch. 106, sec. 1, p. 235; am. 2000, ch. 151, sec. 1, p. 387; am. 2000, ch. 272, sec. 6, p. 790; am. 2004, ch. 50, sec. 1, p. 236; am. 2007, ch. 114, sec. 1, p. 329; am. 2010, ch. 28, sec. 1, p. 47; am. 2015, ch. 75, sec. 1, p. 197.]
(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, or was eighteen (18) years of age or older at the time of the escape or attempted escape, 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.
[18-2506, as added by 1972, ch. 336, sec. 1, p. 897; am. 1995, ch. 74, sec. 2, p. 195; am. 1997, ch. 77, sec. 2, p. 162; am. 2000, ch. 106, sec. 2, p. 235; am. 2007, ch. 114, sec. 2, p. 330; am. 2010, ch. 28, sec. 2, p. 48; am. 2015, ch. 75, sec. 2, p. 197.]
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.
[18-2507, added 1972, ch. 336, sec. 1, p. 897; am. 1984, ch. 79, sec. 1, p. 146; am. 1985, ch. 80, sec. 1, p. 155; am. 2000, ch. 272, sec. 7, p. 790; am. 2001, ch. 335, sec. 11, p. 1192; am. 2009, ch. 104, sec. 1, p. 320.]
(1) It shall be unlawful for any person to knowingly entice the escape of or harbor any person committed to or confined in any institution maintained by the state for the treatment, education or welfare of persons committed to or confined therein.
(2) Any person who violates the provisions of subsection (1) of this section shall be guilty of a misdemeanor and on conviction shall be punished by a fine not exceeding one thousand dollars ($1,000) or imprisonment in the county jail for a period not exceeding one (1) year, or both.
[18-2508, added 1972, ch. 336, sec. 1, p. 897; am. 2019, ch. 146, sec. 1, p. 497.]
(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
(c) Possess, or attempt to possess, contraband within 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
(c) Possess, or attempt to possess, major contraband within 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.
(c) "Major contraband" means:
(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.
[18-2510, added 2012, ch. 82, sec. 2, p. 234.]
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.
[18-2601, added 1972, ch. 336, sec. 1, p. 898.]
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.
[18-2602, added 1972, ch. 336, sec. 1, p. 898.]
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.
[18-2603, added 1972, ch. 336, sec. 1, p. 898; am. 1983, ch. 250, sec. 1, p. 671; am. 1990, ch. 309, sec. 1, p. 849.]
(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.
[18-2604, added 1985, ch. 174, sec. 2, p. 456; am. 1993, ch. 46, sec. 1, p. 118; am. 1995, ch. 50, sec. 1, p. 117; am. 1996, ch. 272, sec. 18, p. 899.]
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.
[18-2605, added 1972, ch. 336, sec. 1, p. 899.]
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.
[18-2606, added 1972, ch. 336, sec. 1, p. 899.]
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.
[18-2701, added 1972, ch. 336, sec. 1, p. 899.]
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.
[18-2702, added 1972, ch. 336, sec. 1, p. 899.]
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.
[18-2704, added 1972, ch. 336, sec. 1, p. 899.]
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.
[18-2705, added 1972, ch. 336, sec. 1, p. 899.]
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.
[18-2706, added 1972, ch. 336, sec. 1, p. 900.]
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.
[18-2707, added 1972, ch. 336, sec. 1, p. 900.]
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.
[18-2708, added 1972, ch. 336, sec. 1, p. 900.]
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.
[18-2709, added 1972, ch. 336, sec. 1, p. 900.]
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.
[18-2710, added 1972, ch. 336, sec. 1, p. 900.]
The various provisions of this chapter apply to administrative and ministerial officers, in the same manner as if they were mentioned therein.
[18-2711, added 1972, ch. 336, sec. 1, p. 900.]
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.
[18-2712, added 1972, ch. 336, sec. 1, p. 900.]
False imprisonment is the unlawful violation of the personal liberty of another.
[18-2901, added 1972, ch. 336, sec. 1, p. 902.]
False imprisonment is punishable by fine not exceeding $5000, or by imprisonment in the county jail not more than one (1) year, or both.
[18-2902, added 1972, ch. 336, sec. 1, p. 902.]
Every person who falsely personates another, and in such assumed character, either:
Becomes bail or surety for any party in any proceeding whatever, before any court or officer authorized to take such bail or surety; or
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
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.
[18-3001, added 1972, ch. 336, sec. 1, p. 902.]
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.
[18-3002, added 1972, ch. 336, sec. 1, p. 902.]
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.
[18-3003, added 1972, ch. 336, sec. 1, p. 902.]
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.
[18-3004, added 1972, ch. 336, sec. 1, p. 902.]
(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
(c) While acting falsely in asserting authority of law takes action against persons or property; 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.
[18-3005, added 1997, ch. 149, sec. 1, p. 426.]
(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."
(c) "Compensation" means a payment of any money, thing of value, or financial benefit.
(d) "Consideration" means a payment of any money, or the purchase of goods, services, or intangible property but shall not include:
The purchase of goods or services furnished at cost to be used in making sales and not for resale.
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.
[18-3101, added 1983, ch. 241, sec. 1, p. 649; am. 2004, ch. 51, sec. 1, p. 240.]
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.
[I.C., sec. 18-3105, as added by 1972, ch. 336, sec. 1, p. 844.]
(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.
[I.C., sec. 18-3106, as added by 1972, ch. 336, sec. 1, p. 884; am. 1979, ch. 214, sec. 1, p. 597; am. 1994, ch. 184, sec. 1, p. 602; am. 1996, ch. 306, sec. 1, p. 1004; am. 1998, ch. 324, sec. 1, p. 1048.]
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.
[18-3122, added 1981, ch. 164, sec. 1, p. 288; am. 1991, ch. 331, sec. 1, p. 856; am. 1999, ch. 124, sec. 1, p. 361; am. 2007, ch. 33, sec. 1, p. 74.]
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.
[18-3123, added 1981, ch. 164, sec. 2, p. 289; am. 1991, ch. 331, sec. 2, p. 857.]
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;
(c) The purported sale was not authorized by the card holder;
(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.
[18-3124, added 1981, ch. 164, sec. 3, p. 289; am. 1991, ch. 331, sec. 3, p. 857; am. 1999, ch. 124, sec. 2, p. 363; am. 2002, ch. 72, sec. 1, p. 158; am. 2007, ch. 33, sec. 2, p. 76.]
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 with the intent to use to defraud, 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.
[18-3125, added 1981, ch. 164, sec. 4, p. 290; am. 2002, ch. 72, sec. 2, p. 159; am. 2007, ch. 33, sec. 3, p. 77; am. 2015, ch. 62, sec. 1, p. 171.]
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.
[18-3125A, added 1991, ch. 331, sec. 4, p. 858.]
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.
[18-3126, added 1999, ch. 124, sec. 3, p. 364; am. 2008, ch. 78, sec. 1, p. 205.]
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.
[18-3126A, added 2005, ch. 219, sec. 1, p. 695.]
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.
[(18-3127) 18-3126, added 1981, ch. 164, sec. 5, p. 290; am. 1991, ch. 331, sec. 5, p. 859; am. and redesig. 1999, ch. 124, sec. 4, p. 364.]
(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.
[(18-3128) 18-3127, added 1981, ch. 164, sec. 6, p. 290; am. 1982, ch. 100, sec. 1, p. 279; am. 1991, ch. 331, sec. 6, p. 859; am. 1994, ch. 132, sec. 3, p. 304; am. and redesig. 1999, ch. 124, sec. 5, p. 364; am. 2002, ch. 72, sec. 3, p. 160; am. 2005, ch. 219, sec. 2, p. 695; am. 2007, ch. 33, sec. 4, p. 77.]
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.
[18-3201, added 1972, ch. 336, sec. 1, p. 910; am. 1982, ch. 367, sec. 1, p. 918.]
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.
[18-3202, added 1972, ch. 336, sec. 1, p. 910; am. 2006, ch. 71, sec. 8, p. 219.]
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.
[18-3203, added 1972, ch. 336, sec. 1, p. 910.]
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.
[18-3204, added 1972, ch. 336, sec. 1, p. 910.]
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.
[18-3205, added 1972, ch. 336, sec. 1, p. 910; am. 1994, ch. 131, sec. 13, p. 300.]
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.
[18-3206, added 1972, ch. 336, sec. 1, p. 911.]
Every person having upon him any deadly weapon with intent to assault another is guilty of a misdemeanor.
[18-3301, added 1972, ch. 336, sec. 1, p. 911.]
(1) The legislature hereby finds that the people of Idaho have reserved for themselves the right to keep and bear arms while granting the legislature the authority to regulate the carrying of weapons concealed. The provisions of this chapter regulating the carrying of weapons must be strictly construed so as to give maximum scope to the rights retained by the people.
(2) As used in this chapter:
(a) "Concealed weapon" means any deadly weapon carried on or about the person in a manner not discernible by ordinary observation;
(b) "Deadly weapon" means:
(i) Any dirk, dirk knife, bowie knife, dagger or firearm;
(ii) Any other weapon, device, instrument, material or substance that is designed and manufactured to be readily capable of causing death or serious bodily injury; or
(iii) Any other weapon, device, instrument, material or substance that is intended by the person to be readily capable of causing death or serious bodily injury.
(c) The term "deadly weapon" does not include:
(i) Any knife, cleaver or other instrument that is intended by the person to be used in the processing, preparation or eating of food;
(ii) Any knife with a blade six (6) inches or less; or
(iii) Any taser, stun-gun, pepper spray or mace;
(d) "Firearm" means any weapon that will, is designed to, or may readily be converted to expel a projectile by the action of an explosive;
(e) "Loaded" means:
(i) For a firearm capable of using fixed ammunition, that live ammunition is present in:
The chamber or chambers of the firearm;
Any internal magazine of the firearm; or
A detachable magazine inserted in the firearm;
(ii) For a firearm that is not capable of using fixed ammunition, that the firearm contains:
A propellant charge; and
A priming cap or primer cap.
(3) No person shall carry concealed weapons on or about his person without a license to carry concealed weapons, except:
(a) In the person’s place of abode or fixed place of business;
(b) On property in which the person has any ownership or leasehold interest;
(c) On private property where the person has permission to carry concealed weapons from any person with an ownership or leasehold interest;
(d) Outside the limits of or confines of any city, if the person is eighteen (18) years of age or older and is not otherwise disqualified from being issued a license under subsection (11) of this section.
(4) Subsection (3) of this section shall not apply to restrict or prohibit the carrying or possession of:
(a) Any deadly weapon located in plain view;
(b) Any lawfully possessed shotgun or rifle;
(c) Any deadly weapon concealed in a motor vehicle;
(d) A firearm that is not loaded and is secured in a case;
(e) A firearm that is disassembled or permanently altered such that it is not readily operable; and
(f) Any deadly weapon concealed by a person who:
(i) Is over eighteen (18) years of age;
(ii) Is a citizen of the United States or a current member of the armed forces of the United States; and
(iii) Is not disqualified from being issued a license under paragraphs (b) through (n) of subsection (11) of this section.
(5) The requirement to secure a license to carry concealed weapons under this section shall not apply to the following persons:
(a) Officials of a city, county or the state of Idaho;
(b) Any publicly elected Idaho official;
(c) Members of the armed forces of the United States or of the national guard when in performance of official duties;
(d) Criminal investigators of the attorney general’s office and criminal investigators of a prosecuting attorney’s office, prosecutors and their deputies;
(e) Any peace officer as defined in section 19-5101(d), Idaho Code, in good standing;
(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 physical possession of his valid license or permit authorizing him to carry concealed weapons from another state; and
(h) Any person who has physical possession of a valid license or permit from a local law enforcement agency or court of the United States authorizing him to carry concealed weapons.
(6) The sheriff of the county of the applicant’s residence or, if the applicant has obtained a protection order pursuant to chapter 63, title 39, Idaho Code, the sheriff of a county where the applicant is temporarily residing may issue a temporary emergency license for good cause pending review of an application made under subsection (7) of this section. Temporary emergency licenses must be easily distinguishable from regular licenses. A temporary emergency license shall be valid for not more than ninety (90) days.
(7) The sheriff of a county, on behalf of the state of Idaho, must, within ninety (90) days after the filing of a license application by any person who is not disqualified as provided herein from possessing or receiving a firearm under state or federal law, issue a license to the person to carry concealed weapons on his person within this state. Such license shall be valid for five (5) years from the date of issuance.
(8) The sheriff must make license applications readily available at the office of the sheriff, at other public offices in his or her jurisdiction and on the website of the Idaho state police. The license application shall be in a form to be prescribed by the director of the Idaho state police and must meet the following requirements:
(a) The license application shall require the applicant’s name, address, description, signature, date of birth, place of birth, military status, citizenship and the driver’s license number or state identification card number if used for identification in applying for the license. Provided however, that if the applicant is not a United States citizen and is legally in the United States, the application must also require any alien or admission number issued to the applicant by United States immigration and customs enforcement or any successor agency;
(b) The license application may ask the applicant to disclose his social security number but must indicate that disclosure of the applicant’s social security number is optional; and
(c) The license application must contain a warning that substantially reads 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.
(9) The sheriff may require the applicant to demonstrate familiarity with a firearm and must accept any one (1) of the following as evidence of the applicant’s familiarity with a firearm:
(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 or any equivalent 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 offered for any division or subdivision of a law enforcement agency or security enforcement agency;
(e) Evidence of equivalent experience with a firearm through participation in organized shooting competition or military service;
(f) A current license to carry concealed weapons pursuant to this section, unless the license has been revoked for cause;
(g) Completion of any firearms training or safety course or class conducted by a state-certified or national rifle association-certified firearms instructor; or
(h) Other training that the sheriff deems appropriate.
(10) Any person applying for original issuance of a license to carry concealed weapons must submit his fingerprints with the completed license application. Within five (5) days after the filing of an application, the sheriff must forward the applicant’s completed license application and fingerprints to the Idaho state police. The Idaho state police must conduct a national fingerprint-based records check, an inquiry through the national instant criminal background check system and a check of any applicable state database, including a check for any mental health records for conditions or commitments that would disqualify a person from possessing a firearm under state or federal law, and return the results to the sheriff within sixty (60) days. If the applicant is not a United States citizen, an immigration alien query must also be conducted through United States immigration and customs enforcement or any successor agency. 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 subsection (11) of this section. The sheriff may deny a license to carry concealed weapons to an alien if background information is not attainable or verifiable.
(11) A license to carry concealed weapons shall not be issued to any person who:
(a) Is under twenty-one (21) years of age, except as otherwise provided in this section;
(b) Is formally charged with a crime punishable by imprisonment for a term exceeding one (1) year;
(c) Has been adjudicated guilty in any court of a crime punishable by imprisonment for a term exceeding one (1) year;
(d) Is a fugitive from justice;
(e) Is an unlawful user of marijuana or any depressant, stimulant or narcotic drug, or any controlled substance as defined in 21 U.S.C. 802;
(f) Is currently suffering from or has been adjudicated as having suffered from any of the following conditions, 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, Idaho Code;
(g) Has been discharged from the armed forces under dishonorable conditions;
(h) Has received a withheld judgment or suspended sentence for a crime punishable by imprisonment for a term exceeding one (1) year, unless the person has successfully completed probation;
(i) Has received a period of probation after having been adjudicated guilty of, or received a withheld judgment for, a misdemeanor offense that has as an element the intentional use, attempted use or threatened use of physical force against the person or property of another, unless the person has successfully completed probation;
(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 free on bond or personal recognizance pending trial, appeal or sentencing for a crime that would disqualify him from obtaining a concealed weapons license;
(m) 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; or
(n) Is for any other reason ineligible to own, possess or receive a firearm under the provisions of Idaho or federal law.
(12) In making a determination in relation to an applicant’s eligibility under subsection (11) of this section, the sheriff shall not consider:
(a) A conviction, guilty plea or adjudication that has been nullified by expungement, pardon, setting aside or other comparable procedure by the jurisdiction where the conviction, guilty plea or adjudication occurred or in respect of which conviction, guilty plea or adjudication the applicant’s civil right to bear arms either specifically or in combination with other civil rights has been restored under operation of law or legal process; or
(b) Except as provided for in subsection (11)(f) of this section, an adjudication of mental defect, incapacity or illness or an involuntary commitment to a mental institution if the applicant’s civil right to bear arms has been restored under operation of law or legal process.
(13) A license to carry concealed weapons must be in a form substantially similar to that of the Idaho driver’s license and must meet the following specifications:
(a) The license must provide the licensee’s name, address, date of birth and the driver’s license number or state identification card number if used for identification in applying for the license;
(b) The license must bear the licensee’s signature and picture; and
(c) The license must provide the date of issuance and the date on which the license expires.
(14) Upon issuing a license under the provisions of this section, the sheriff must notify the Idaho state police within three (3) business days on a form or in a manner prescribed by the Idaho 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 74-105, Idaho Code.
(15) The fee for original issuance of a license shall be twenty dollars ($20.00), which the sheriff must retain for the purpose of performing the duties required in this section. The sheriff may collect the actual cost of any additional fees necessary to cover the cost of processing fingerprints lawfully required by any state or federal agency or department, and the actual cost of materials for the license lawfully required by any state agency or department, which costs must be paid to the state. The sheriff must provide the applicant with a copy of the results of the fingerprint-based records check upon request of the applicant.
(16) The fee for renewal of the license shall be fifteen dollars ($15.00), which the sheriff must retain for the purpose of performing the duties required in this section. The sheriff may collect the actual cost of any additional fees necessary to cover the processing costs lawfully required by any state or federal agency or department, and the actual cost of materials for the license lawfully required by any state agency or department, which costs must be paid to the state.
(17) 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. The sheriff must mail renewal notices 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 must submit the application to the Idaho state police for a records check of state and national databases. The Idaho state police must 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 provided in 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 to one hundred eighty (180) days after the expiration date of the license must pay a late renewal penalty of ten dollars ($10.00) in addition to the renewal fee unless waived by the sheriff, 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 to one hundred eighty (180) days after the expiration date of the license. After one hundred eighty-one (181) days, the licensee must submit an initial application for a license and pay the fees prescribed in subsection (15) of this section. The renewal fee and any penalty shall be paid to the sheriff for the purpose of enforcing the provisions of this chapter. Upon renewing a license under the provisions of this section, the sheriff must notify the Idaho state police within five (5) days on a form or in a manner prescribed by the Idaho state police.
(18) No city, county or other political subdivision of this state shall modify or add to the requirements of this section, nor shall a city, county or 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 this section must be awarded costs, including reasonable attorney’s fees incurred in connection with the legal action.
(19) 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 in compliance with this section.
(20) The sheriff of a county shall issue a license to carry a concealed weapon to those individuals between the ages of eighteen (18) and twenty-one (21) years who, except for the age requirement contained in section 18-3302K(4), Idaho Code, would otherwise meet the requirements for issuance of a license under section 18-3302K, Idaho Code. Licenses issued to individuals between the ages of eighteen (18) and twenty-one (21) years under this subsection shall be easily distinguishable from licenses issued pursuant to subsection (7) of this section. A license issued pursuant to this subsection after July 1, 2016, shall expire on the twenty-first birthday of the licensee. A licensee, upon attaining the age of twenty-one (21) years, shall be allowed to renew the license under the procedure contained in section 18-3302K(9), Idaho Code. Such renewal license shall be issued as an enhanced license pursuant to the provisions of section 18-3302K, Idaho Code.
(21) A person carrying a concealed weapon in violation of the provisions of this section shall be guilty of a misdemeanor.
(22) 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 that 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 that would have disqualified him from initially receiving a license.
(23) A person twenty-one (21) years of age or older who presents a valid license to carry concealed weapons 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. Provided however, a temporary emergency license issued pursuant to subsection (6) of this section shall not exempt the holder of the license from any records check requirement.
(24) The attorney general must contact the appropriate officials in other states for the purpose of establishing, to the extent possible, recognition and reciprocity of the license to carry concealed weapons by other states, whether by formal agreement or otherwise. The Idaho state police must keep a copy and maintain a record of all such agreements and reciprocity recognitions, which must be made available to the public.
(25) Nothing in subsection (3) or (4) of this section shall be construed to limit the existing rights of a private property owner, private tenant, private employer, or private business entity. The provisions of this subsection shall not apply to any property owned by the state of Idaho or its political subdivisions that is normally and habitually open to the public. Such limitation on the application of this subsection shall supersede Herndon v. City of Sandpoint, 531 P.3d 1125 (Idaho 2023).
(a) Such limitation on the application of this subsection shall apply whether such property is leased, rented, licensed, loaned, permitted, or occupied, whether for consideration or not.
(b) Any restriction on the carrying of concealed weapons pursuant to this subsection may only be invoked for public property owned by the state or its political subdivisions when the use of such property is for a private event by invitation only, for a commercial event that charges admission, or for any other event with restricted access whether admission is charged or not. For any such private event, commercial event, or other event, it must appear to a reasonable person that the general public does not have unrestricted access to the designated public property, or any subset of such property, that is normally and habitually open to the public.
(c) Nothing in this subsection relieves any political subdivision of the state of Idaho of its duties to convey or manage public property in accordance with Idaho law.
(d) Nothing in this subsection alters or amends the provisions of section 18-3302C or 18-3309, Idaho Code.
(26) 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.
Concealed weapons. [effective January 1, 2027]
(1) The legislature hereby finds that the people of Idaho have reserved for themselves the right to keep and bear arms while granting the legislature the authority to regulate the carrying of weapons concealed. The provisions of this chapter regulating the carrying of weapons must be strictly construed so as to give maximum scope to the rights retained by the people.
(2) As used in this chapter:
(a) "Concealed weapon" means any deadly weapon carried on or about the person in a manner not discernible by ordinary observation;
(b) "Deadly weapon" means:
(i) Any dirk, dirk knife, bowie knife, dagger or firearm;
(ii) Any other weapon, device, instrument, material or substance that is designed and manufactured to be readily capable of causing death or serious bodily injury; or
(iii) Any other weapon, device, instrument, material or substance that is intended by the person to be readily capable of causing death or serious bodily injury.
(c) The term "deadly weapon" does not include:
(i) Any knife, cleaver or other instrument that is intended by the person to be used in the processing, preparation or eating of food;
(ii) Any knife with a blade six (6) inches or less; or
(iii) Any taser, stun-gun, pepper spray or mace;
(d) "Firearm" means any weapon that will, is designed to, or may readily be converted to expel a projectile by the action of an explosive;
(e) "Loaded" means:
(i) For a firearm capable of using fixed ammunition, that live ammunition is present in:
The chamber or chambers of the firearm;
Any internal magazine of the firearm; or
A detachable magazine inserted in the firearm;
(ii) For a firearm that is not capable of using fixed ammunition, that the firearm contains:
A propellant charge; and
A priming cap or primer cap.
(3) No person shall carry concealed weapons on or about his person without a license to carry concealed weapons, except:
(a) In the person’s place of abode or fixed place of business;
(b) On property in which the person has any ownership or leasehold interest;
(c) On private property where the person has permission to carry concealed weapons from any person with an ownership or leasehold interest;
(d) Outside the limits of or confines of any city, if the person is eighteen (18) years of age or older and is not otherwise disqualified from being issued a license under subsection (11) of this section.
(4) Subsection (3) of this section shall not apply to restrict or prohibit the carrying or possession of:
(a) Any deadly weapon located in plain view;
(b) Any lawfully possessed shotgun or rifle;
(c) Any deadly weapon concealed in a motor vehicle;
(d) A firearm that is not loaded and is secured in a case;
(e) A firearm that is disassembled or permanently altered such that it is not readily operable; and
(f) Any deadly weapon concealed by a person who:
(i) Is over eighteen (18) years of age;
(ii) Is a citizen of the United States or a current member of the armed forces of the United States; and
(iii) Is not disqualified from being issued a license under paragraphs (b) through (n) of subsection (11) of this section.
(5) The requirement to secure a license to carry concealed weapons under this section shall not apply to the following persons:
(a) Officials of a city, county or the state of Idaho;
(b) Any publicly elected Idaho official;
(c) Members of the armed forces of the United States or of the national guard when in performance of official duties;
(d) Criminal investigators of the attorney general’s office and criminal investigators of a prosecuting attorney’s office, prosecutors and their deputies;
(e) Any peace officer as defined in section 19-5101(d), Idaho Code, in good standing;
(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 physical possession of his valid license or permit authorizing him to carry concealed weapons from another state; and
(h) Any person who has physical possession of a valid license or permit from a local law enforcement agency or court of the United States authorizing him to carry concealed weapons.
(6) The sheriff of the county of the applicant’s residence or, if the applicant has obtained a protection order pursuant to chapter 63, title 39, Idaho Code, the sheriff of a county where the applicant is temporarily residing may issue a temporary emergency license for good cause pending review of an application made under subsection (7) of this section. Temporary emergency licenses must be easily distinguishable from regular licenses. A temporary emergency license shall be valid for not more than ninety (90) days.
(7) The sheriff of a county, on behalf of the state of Idaho, must, within ninety (90) days after the filing of a license application by any person who is not disqualified as provided herein from possessing or receiving a firearm under state or federal law, issue a license to the person to carry concealed weapons on his person within this state. Such license shall be valid for five (5) years from the date of issuance.
(8) The sheriff must make license applications readily available at the office of the sheriff, at other public offices in his or her jurisdiction and on the website of the Idaho state police. The license application shall be in a form to be prescribed by the director of the Idaho state police and must meet the following requirements:
(a) The license application shall require the applicant’s name, address, description, signature, date of birth, place of birth, military status, citizenship and the driver’s license number or state identification card number if used for identification in applying for the license. Provided however, that if the applicant is not a United States citizen and is legally in the United States, the application must also require any alien or admission number issued to the applicant by United States immigration and customs enforcement or any successor agency;
(b) The license application may ask the applicant to disclose his social security number but must indicate that disclosure of the applicant’s social security number is optional; and
(c) The license application must contain a warning that substantially reads 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.
(9) The sheriff may require the applicant to demonstrate familiarity with a firearm and must accept any one (1) of the following as evidence of the applicant’s familiarity with a firearm:
(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 or any equivalent 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 offered for any division or subdivision of a law enforcement agency or security enforcement agency;
(e) Evidence of equivalent experience with a firearm through participation in organized shooting competition or military service;
(f) A current license to carry concealed weapons pursuant to this section, unless the license has been revoked for cause;
(g) Completion of any firearms training or safety course or class conducted by a state-certified or national rifle association-certified firearms instructor; or
(h) Other training that the sheriff deems appropriate.
(10) Any person applying for original issuance of a license to carry concealed weapons must submit his fingerprints with the completed license application. Within five (5) days after the filing of an application, the sheriff must forward the applicant’s completed license application and fingerprints to the Idaho state police. The Idaho state police must conduct a national fingerprint-based records check, an inquiry through the national instant criminal background check system and a check of any applicable state database, including a check for any mental health records for conditions or commitments that would disqualify a person from possessing a firearm under state or federal law, and return the results to the sheriff within sixty (60) days. If the applicant is not a United States citizen, an immigration alien query must also be conducted through United States immigration and customs enforcement or any successor agency. 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 subsection (11) of this section. The sheriff may deny a license to carry concealed weapons to an alien if background information is not attainable or verifiable.
(11) A license to carry concealed weapons shall not be issued to any person who:
(a) Is under twenty-one (21) years of age, except as otherwise provided in this section;
(b) Is formally charged with a crime punishable by imprisonment for a term exceeding one (1) year;
(c) Has been adjudicated guilty in any court of a crime punishable by imprisonment for a term exceeding one (1) year;
(d) Is a fugitive from justice;
(e) Is an unlawful user of marijuana or any depressant, stimulant or narcotic drug, or any controlled substance as defined in 21 U.S.C. 802;
(f) Is currently suffering from or has been adjudicated as having suffered from any of the following conditions, 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 15-1-201, Idaho Code;
(g) Has been discharged from the armed forces under dishonorable conditions;
(h) Has received a withheld judgment or suspended sentence for a crime punishable by imprisonment for a term exceeding one (1) year, unless the person has successfully completed probation;
(i) Has received a period of probation after having been adjudicated guilty of, or received a withheld judgment for, a misdemeanor offense that has as an element the intentional use, attempted use or threatened use of physical force against the person or property of another, unless the person has successfully completed probation;
(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 free on bond or personal recognizance pending trial, appeal or sentencing for a crime that would disqualify him from obtaining a concealed weapons license;
(m) 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; or
(n) Is for any other reason ineligible to own, possess or receive a firearm under the provisions of Idaho or federal law.
(12) In making a determination in relation to an applicant’s eligibility under subsection (11) of this section, the sheriff shall not consider:
(a) A conviction, guilty plea or adjudication that has been nullified by expungement, pardon, setting aside or other comparable procedure by the jurisdiction where the conviction, guilty plea or adjudication occurred or in respect of which conviction, guilty plea or adjudication the applicant’s civil right to bear arms either specifically or in combination with other civil rights has been restored under operation of law or legal process; or
(b) Except as provided for in subsection (11)(f) of this section, an adjudication of mental defect, incapacity or illness or an involuntary commitment to a mental institution if the applicant’s civil right to bear arms has been restored under operation of law or legal process.
(13) A license to carry concealed weapons must be in a form substantially similar to that of the Idaho driver’s license and must meet the following specifications:
(a) The license must provide the licensee’s name, address, date of birth and the driver’s license number or state identification card number if used for identification in applying for the license;
(b) The license must bear the licensee’s signature and picture; and
(c) The license must provide the date of issuance and the date on which the license expires.
(14) Upon issuing a license under the provisions of this section, the sheriff must notify the Idaho state police within three (3) business days on a form or in a manner prescribed by the Idaho 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 74-105, Idaho Code.
(15) The fee for original issuance of a license shall be twenty dollars ($20.00), which the sheriff must retain for the purpose of performing the duties required in this section. The sheriff may collect the actual cost of any additional fees necessary to cover the cost of processing fingerprints lawfully required by any state or federal agency or department, and the actual cost of materials for the license lawfully required by any state agency or department, which costs must be paid to the state. The sheriff must provide the applicant with a copy of the results of the fingerprint-based records check upon request of the applicant.
(16) The fee for renewal of the license shall be fifteen dollars ($15.00), which the sheriff must retain for the purpose of performing the duties required in this section. The sheriff may collect the actual cost of any additional fees necessary to cover the processing costs lawfully required by any state or federal agency or department, and the actual cost of materials for the license lawfully required by any state agency or department, which costs must be paid to the state.
(17) 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. The sheriff must mail renewal notices 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 must submit the application to the Idaho state police for a records check of state and national databases. The Idaho state police must 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 provided in 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 to one hundred eighty (180) days after the expiration date of the license must pay a late renewal penalty of ten dollars ($10.00) in addition to the renewal fee unless waived by the sheriff, 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 to one hundred eighty (180) days after the expiration date of the license. After one hundred eighty-one (181) days, the licensee must submit an initial application for a license and pay the fees prescribed in subsection (15) of this section. The renewal fee and any penalty shall be paid to the sheriff for the purpose of enforcing the provisions of this chapter. Upon renewing a license under the provisions of this section, the sheriff must notify the Idaho state police within five (5) days on a form or in a manner prescribed by the Idaho state police.
(18) No city, county or other political subdivision of this state shall modify or add to the requirements of this section, nor shall a city, county or 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 this section must be awarded costs, including reasonable attorney’s fees incurred in connection with the legal action.
(19) 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 in compliance with this section.
(20) The sheriff of a county shall issue a license to carry a concealed weapon to those individuals between the ages of eighteen (18) and twenty-one (21) years who, except for the age requirement contained in section 18-3302K(4), Idaho Code, would otherwise meet the requirements for issuance of a license under section 18-3302K, Idaho Code. Licenses issued to individuals between the ages of eighteen (18) and twenty-one (21) years under this subsection shall be easily distinguishable from licenses issued pursuant to subsection (7) of this section. A license issued pursuant to this subsection after July 1, 2016, shall expire on the twenty-first birthday of the licensee. A licensee, upon attaining the age of twenty-one (21) years, shall be allowed to renew the license under the procedure contained in section 18-3302K(9), Idaho Code. Such renewal license shall be issued as an enhanced license pursuant to the provisions of section 18-3302K, Idaho Code.
(21) A person carrying a concealed weapon in violation of the provisions of this section shall be guilty of a misdemeanor.
(22) 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 that 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 that would have disqualified him from initially receiving a license.
(23) A person twenty-one (21) years of age or older who presents a valid license to carry concealed weapons 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. Provided however, a temporary emergency license issued pursuant to subsection (6) of this section shall not exempt the holder of the license from any records check requirement.
(24) The attorney general must contact the appropriate officials in other states for the purpose of establishing, to the extent possible, recognition and reciprocity of the license to carry concealed weapons by other states, whether by formal agreement or otherwise. The Idaho state police must keep a copy and maintain a record of all such agreements and reciprocity recognitions, which must be made available to the public.
(25) Nothing in subsection (3) or (4) of this section shall be construed to limit the existing rights of a private property owner, private tenant, private employer, or private business entity. The provisions of this subsection shall not apply to any property owned by the state of Idaho or its political subdivisions that is normally and habitually open to the public. Such limitation on the application of this subsection shall supersede Herndon v. City of Sandpoint, 531 P.3d 1125 (Idaho 2023).
(a) Such limitation on the application of this subsection shall apply whether such property is leased, rented, licensed, loaned, permitted, or occupied, whether for consideration or not.
(b) Any restriction on the carrying of concealed weapons pursuant to this subsection may only be invoked for public property owned by the state or its political subdivisions when the use of such property is for a private event by invitation only, for a commercial event that charges admission, or for any other event with restricted access whether admission is charged or not. For any such private event, commercial event, or other event, it must appear to a reasonable person that the general public does not have unrestricted access to the designated public property, or any subset of such property, that is normally and habitually open to the public.
(c) Nothing in this subsection relieves any political subdivision of the state of Idaho of its duties to convey or manage public property in accordance with Idaho law.
(d) Nothing in this subsection alters or amends the provisions of section 18-3302C or 18-3309, Idaho Code.
(26) 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.
[18-3302, added 2015, ch. 303, sec. 2, p. 1188; am. 2016, ch. 208, sec. 1, p. 585; am. 2017, ch. 231, sec. 1, p. 558; am. 2019, ch. 272, sec. 1, p. 791; am. 2019, ch. 273, sec. 1, p. 798; am. 2020, ch. 82, sec. 9, p. 179; am. 2020, ch. 315, sec. 1, p. 893; am. 2024, ch. 206, sec. 1, p. 732; am. 2026, ch. 79, sec. 16, p. 401.]
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.
[18-3302A, added 1990, ch. 256, sec. 3, p. 736; am. 1994, ch. 369, sec. 1, p. 1186.]
(1) 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.
(2) In addition to any other penalty, any person who enters a plea of guilty, who is found guilty or who is convicted of a violation of subsection (1) of this section when such violation occurs on a college or university campus shall have any and all licenses issued pursuant to section 18-3302, 18-3302H or 18-3302K, Idaho Code, revoked for a period of three (3) years and such person shall be ineligible to obtain or renew any such license or use any other license recognized by this state for the same period.
[18-3302B, added 1990, ch. 256, sec. 3, p. 736; am. 2014, ch. 73, sec. 2, p. 189.]
Any person obtaining a license under the provisions of section 18-3302, Idaho Code, or carrying a concealed deadly weapon pursuant to the provisions of section 18-3302(4)(f), 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)(g) of section 18-3302D, Idaho Code; provided that this subsection shall not apply to:
(a) Peace officers while acting within the scope of their employment;
(b) Security personnel while actually engaged in their employment; or
(c) Any person who is authorized to carry a weapon by a person, board or other entity having authority over the building or facility; 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.
[18-3302C, added 1990, ch. 256, sec. 3, p. 736; am. 1991, ch. 262, sec. 2, p. 652; am. 2000, ch. 420, sec. 2, p. 1368; am. 2016, ch. 208, sec. 2, p. 591; am. 2018, ch. 195, sec. 2, p. 438.]
(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. 930;
(b) "Firearm" means any firearm as defined in 18 U.S.C. 921;
(c) "Minor" means a person under the age of eighteen (18) years;
(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 qualified retired law enforcement officer licensed under section 18-3302H, Idaho Code;
(c) 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) A person or persons complying with the provisions of section 19-202A, Idaho Code;
(e) 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;
(f) 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; or
(g) 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.
[18-3302D, added 1993, ch. 153, sec. 1, p. 389; am. 1995, ch. 248, sec. 1, p. 819; am. 2000, ch. 420, sec. 1, p. 1366; am. 2018, ch. 195, sec. 3, p. 438.]
(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.
[18-3302E, added 1994, ch. 369, sec. 2, p. 1187.]
(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.
[18-3302F, added 1994, ch. 369, sec. 3, p. 1187.]
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.
[18-3302G, added 1994, ch. 369, sec. 4, p. 1188.]
(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 ten (10) 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(22), 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 74-102, Idaho Code.
[18-3302H, added 2005, ch. 128, sec. 1, p. 412; am. 2009, ch. 202, sec. 1, p. 650; am. 2015, ch. 141, sec. 17, p. 396; am. 2019, ch. 80, sec. 1, p. 185.]
(1) (a) Any person, including a student, who willfully threatens by word, electronic means or act to use a firearm or other deadly or dangerous weapon to do violence to any person on school grounds or to disrupt the normal operations of an educational institution by making a threat of violence is guilty of a misdemeanor.
(b) Any person, including a student, who knowingly has in his possession a firearm or other deadly or dangerous weapon, or who makes, alters or repairs any firearm or other deadly or dangerous weapon, in the furtherance of carrying out a threat made by word, electronic means or act to do violence to any person on school grounds or to disrupt the normal operations of an educational institution by making a threat of violence is guilty of a felony.
(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) "On school grounds" means in or on property owned or operated by a school district, public charter school or private school.
[18-3302I, added 2006, ch. 303, sec. 1, p. 936; am. 2015, ch. 303, sec. 3, p. 1194; am. 2018, ch. 240, sec. 1, p. 562.]
(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, ordinance, executive order, or policy 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. Any such law, rule, regulation, ordinance, executive order, or policy shall be void, unenforceable, and subject to a permanent injunction against the political subdivision, as provided in subsection (7) of this section. It shall not be a defense to a violation of this subsection that the political subdivision was acting in good faith or on the advice of counsel.
(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; and
(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.
(6) Any county, city, agency, board, or any other political subdivision of this state that willfully and knowingly violates the provisions of this section shall be subject to a civil penalty of ten thousand dollars ($10,000) per violation.
(7) The attorney general or any person or organization whose membership is adversely affected by a law, rule, regulation, ordinance, executive order, or policy that violates the provisions of this section may maintain an action for damages, declaratory relief, or permanent injunctive relief. The plaintiff shall be awarded reasonable costs and attorney’s fees upon prevailing or if the law, rule, regulation, ordinance, executive order, or policy is repealed or rescinded after the action was filed but prior to a final determination by the court. Any person or organization who wishes to maintain an action pursuant to the provisions of this subsection shall, prior to filing, provide advanced written notice to the attorney general who shall have thirty (30) days to investigate if a violation has occurred. If a violation is found, the attorney general shall notify the offending jurisdiction that it has thirty (30) days to cure the violation, and if the jurisdiction fails to do so within thirty (30) days, the cause of action may proceed.
(8) 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.
[18-3302J, added 2008, ch. 304, sec. 2, p. 845; am. 2014, ch. 73, sec. 3, p. 189; am. 2026, ch. 295, sec. 1, p. 1219.]
(1) The sheriff of a county, on behalf of the state of Idaho, must, 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 and has otherwise complied with the requirements of this section, issue an enhanced license to the person to carry concealed weapons on his person. Licenses issued under this section shall be valid for five (5) years from the date of issue.
(2) The sheriff must make license applications readily available at the office of the sheriff, at other public offices in his jurisdiction and on the website of the Idaho state police. The license application must be in a form to be prescribed by the director of the Idaho state police and must meet the following requirements:
(a) The license application shall require the applicant’s name, address, description, signature, date of birth, place of birth, military status, citizenship and the driver’s license number or state identification card number if used for identification in applying for the license. If the applicant is not a U.S. citizen, the application shall also require any alien or admission number issued to the applicant by U.S. immigration and customs enforcement, or any successor agency;
(b) The license application may ask the applicant to disclose his social security number but must indicate that disclosure of the applicant’s social security number is optional; and
(c) The license application must contain a warning that substantially reads 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.
(3) Any person who is applying for original issuance of a license to carry concealed weapons must submit his fingerprints with the completed application. Within five (5) days after the filing of an application, the sheriff must forward the applicant’s completed license application and fingerprints to the Idaho state police. The Idaho state police must conduct a national fingerprint-based records check, an inquiry through the national instant criminal background check system, and a check of any applicable state database, including a check for any mental health records for conditions or commitments that would disqualify a person from possessing a firearm under state or federal law, and must return the results to the sheriff within sixty (60) days. If the applicant is not a U.S. citizen, an immigration alien query must also be conducted through U.S. immigration and customs enforcement or any successor agency. The sheriff shall not issue a license before receiving and reviewing the results of the records check.
(4) The sheriff must deny an enhanced license to carry a concealed weapon if the applicant is disqualified under any of the criteria listed in section 18-3302(11), Idaho Code, or does not meet all of the following qualifications:
(a) Is over the age of twenty-one (21) years;
(b) Has been a legal resident of the state of Idaho for at least six (6) consecutive months before filing an application under this section or holds a current license or permit to carry concealed weapons issued by his state of residence; and
(c) Has successfully completed, within the twelve (12) months immediately preceding filing an application, a qualifying handgun course as specified in this paragraph and taught by a certified instructor who is not prohibited from possessing firearms under state or federal law. A copy of the certificate of successful completion of the handgun course, in a form to be prescribed by the director of the Idaho state police and signed by the course instructor, must be submitted to the sheriff at the time of filing an application under this section. Certified instructors of handgun courses when filing an application under this section shall not be required to submit such certificates but must submit a copy of their current instructor’s credential. The sheriff must accept as a qualifying handgun course a personal protection course offered by the national rifle association or an equivalent, provided that all personal protection or equivalent courses must meet the following requirements:
(i) The course instructor is certified by the national rifle association, or by another nationally recognized organization that customarily certifies firearms instructors, as an instructor in personal protection with handguns, or the course instructor is certified by the Idaho peace officers standards and training council as a firearms instructor;
(ii) The course is at least eight (8) hours in duration;
(iii) The course is taught face to face and not by electronic or other means; and
(iv) The course includes instruction in:
(A) An active, senior or emeritus member of the Idaho state bar;
(B) A law enforcement officer, active or retired, who currently possesses or possessed at the time of his retirement an intermediate or higher Idaho peace officers standards and training certificate; or
(C) An instructor certified by the national rifle association, or equivalent, who has instructed an approved course for enhanced concealed carry for at least eight (8) years;
The basic concepts of the safe and responsible use of handguns;
Self-defense principles; and
Live fire training, including the firing of at least ninety-eight (98) rounds by the student.
An instructor must provide a copy of the syllabus and a written description of the course of fire used in a qualifying handgun course that includes the name of the individual instructing the legal portion of the course to the sheriff upon request.
(5) A license to carry concealed weapons must be in a form substantially similar to that of the Idaho driver’s license and must meet the following specifications:
(a) The license must provide the licensee’s name, address, date of birth and the driver’s license number or state identification card number if used for identification in applying for the license;
(b) The license must bear the licensee’s signature and picture;
(c) The license must provide the date of issuance and the date on which the license expires; and
(d) The license must be clearly distinguishable from a license issued pursuant to section 18-3302, Idaho Code, and must be marked "Idaho enhanced concealed weapons license" on its face.
(6) Upon issuing a license under the provisions of this section, the sheriff must notify the Idaho state police within three (3) days on a form or in a manner prescribed by the Idaho 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 74-105, Idaho Code.
(7) The fee for original issuance of an enhanced license shall be twenty dollars ($20.00), which the sheriff must retain for the purpose of performing the duties required in this section. The sheriff may collect the actual cost of any additional fees necessary to cover the processing costs lawfully required by any state or federal agency or department, as well as the actual cost of materials for the license lawfully required by any state agency or department, which costs must be paid to the state. The sheriff must provide the applicant with a copy of the results of the fingerprint-based records check upon request of the applicant.
(8) The fee for renewal of the enhanced license shall be fifteen dollars ($15.00), which the sheriff must retain for the purpose of performing duties required in this section. The sheriff may collect the actual cost of any additional fees necessary to cover the processing costs lawfully required by any state or federal agency or department, as well as the actual cost of materials for the license lawfully required by any state agency or department, which costs must be paid to the state.
(9) 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. The sheriff must mail renewal notices 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 must submit the application to the Idaho state police. The Idaho state police must conduct the same records checks as required for an initial license under subsection (3) of this section and must return the results to the sheriff within thirty (30) days. The sheriff shall not issue a renewal before receiving and reviewing the results of the records check and must deny a license if the applicant is disqualified under any of the criteria provided in 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 to one hundred eighty (180) days after the expiration date of the license must 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 to one hundred eighty (180) days after the expiration date of the license. After one hundred eighty-one (181) days, the licensee shall be required to submit an initial application for an enhanced license and pay the fees prescribed in subsection (7) of this section. The renewal fee and any penalty shall be paid to the sheriff for the purpose of enforcing the provisions of this chapter. Upon renewing a license under the provisions of this section, the sheriff must notify the Idaho state police within five (5) days on a form or in a manner prescribed by the Idaho state police.
(10) No city, county or other political subdivision of this state shall modify or add to the requirements of this section, nor shall a city, county or 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 this section must be awarded costs, including reasonable attorney’s fees, incurred in connection with the legal action.
(11) 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 or her duties in compliance with this section.
(12) The sheriff shall have the power to revoke a license issued pursuant to this section subsequent to a hearing in accordance with the provisions of chapter 52, title 67, Idaho Code, for any of the following reasons, provided that the sheriff must notify the Idaho state police within three (3) days on a form or in a manner prescribed by the Idaho state police of any such revocation:
(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 that would have been grounds for the denial of the license by the sheriff;
(d) The violation of any of the provisions of this section; or
(e) The applicant is adjudicated guilty of or receives a withheld judgment for a crime that would have disqualified him from initially receiving a license.
(13) An applicant who provides information on the application for an enhanced license to carry a concealed weapon knowing the same to be untrue shall be guilty of a misdemeanor.
(14) The attorney general must contact the appropriate officials in other states for the purpose of establishing, to the extent possible, recognition and reciprocity of the enhanced license to carry a concealed weapon by other states, whether by formal agreement or otherwise. The Idaho state police or the attorney general must keep a copy and maintain a record of all such agreements and reciprocity recognitions that must be made available to the public.
(15) Any license issued pursuant to this section is valid throughout the state of Idaho and shall be considered an authorized state license.
(16) The Idaho state police must maintain a computerized record system that is accessible to law enforcement agencies in any state for the purpose of verifying current enhanced licensee status. Information maintained in the record system shall be confidential and exempt from disclosure under section 74-105, Idaho Code, except that any law enforcement officer or law enforcement agency, whether inside or outside the state of Idaho, may access the record system for the purpose of verifying current enhanced licensee status.
[18-3302K, added 2015, ch. 303, sec. 5, p. 1194; am. 2015, ch. 141, sec. 18, p. 398; am. 2018, ch. 171, sec. 1, p. 379; am. 2025, ch. 25, sec. 1, p. 81; am. 2026, ch. 159, sec. 1, p. 714.]
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.
[18-3303, added 1972, ch. 336, sec. 1, p. 911.]
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).
[18-3304, added 1972, ch. 336, sec. 1, p. 911; am. 2006, ch. 71, sec. 9, p. 219.]
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.
[18-3305, added 1972, ch. 336, sec. 1, p. 912; am. 2006, ch. 71, sec. 10, p. 219; am. 2007, ch. 7, sec. 1, p. 7.]
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.
[18-3306, added 1972, ch. 336, sec. 1, p. 912; am. 2006, ch. 71, sec. 11, p. 219.]
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.
[18-3307, added 1972, ch. 336, sec. 1, p. 912.]
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.
[18-3308, added 1972, ch. 336, sec. 1, p. 912; am. 1994, ch. 131, sec. 14, p. 300.]
(1) The board of regents of the university of Idaho, the boards of trustees of the state colleges and universities, the board for career technical education and the boards of trustees of each of the community colleges established under chapter 21, title 33, Idaho Code, hereby have the authority to prescribe rules and regulations relating to firearms.
(2) Notwithstanding any other provision of state law, this authority shall not extend to regulating or prohibiting the otherwise lawful possession, carrying or transporting of firearms or ammunition by persons licensed under section 18-3302H or 18-3302K, Idaho Code.
(a) However, a person issued a license under the provisions of section 18-3302K, Idaho Code, shall not carry a concealed weapon:
(i) Within a student dormitory or residence hall; or
(ii) Within any building of a public entertainment facility, provided that proper signage is conspicuously posted at each point of public ingress to the facility notifying attendees of any restriction on the possession of firearms in the facility during the game or event.
(b) As used in this section:
(i) "Public entertainment facility" means an arena, stadium, amphitheater, auditorium, theater or similar facility with a seating capacity of at least one thousand (1,000) persons that is owned or operated by the board of regents of the university of Idaho, a board of trustees of a state college or university, the state board for career technical education or a board of trustees of a community college established under chapter 21, title 33, Idaho Code, that is primarily designed and used for artistic, theatrical, cultural, charitable, musical, sporting or entertainment events, but does not include publicly accessible outdoor grounds or rights-of-way appurtenant to the facility, including parking lots within the facility used for the parking of motor vehicles.
(ii) "Student dormitory or residence hall" means a building owned or operated by the board of regents of the university of Idaho, a board of trustees of a state college or university, the state board for career technical education or a board of trustees of a community college established under chapter 21, title 33, Idaho Code, located on or within the campus area owned by the university or college to house persons residing on campus as students, but does not include off-campus housing or publicly accessible outdoor grounds or rights-of-way appurtenant to the building, including parking lots within the building used for the parking of motor vehicles.
(c) The provisions of subsection (2)(a) of this section shall not apply to the following persons:
(i) A person or persons complying with the provisions of section 19-202A, Idaho Code;
(ii) A person or an employee who is authorized to carry a firearm by the university or college board of trustees, board of regents, governing board or a person or entity with authority over the building or facility;
(iii) A person who possesses a firearm for authorized use in an approved program, event, activity or other circumstance approved by a person or entity with authority over the building or facility;
(iv) A person who possesses a firearm in a private vehicle while delivering students, employees or other persons to and from a university, college or public entertainment facility;
(v) An on-duty or off-duty certified peace officer; or
(vi) A qualified retired law enforcement officer licensed under section 18-3302H, Idaho Code.
(3) Any rule, regulation or policy that is contrary to this section is null and void.
[18-3309, added 2014, ch. 73, sec. 4, p. 190; am. 2015, ch. 244, sec. 1, p. 1008; am. 2016, ch. 25, sec. 3, p. 36; am. 2018, ch. 195, sec. 1, p. 437.]
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.
[18-3310, added 1972, ch. 336, sec. 1, p. 912.]
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.
[18-3311, added 1972, ch. 336, sec. 1, p. 913.]
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.
[18-3312, as added by 1972, ch. 336, sec. 1, p. 913; am. 2005, ch. 359, sec. 6, p. 1135.]
Any person who reports, or causes any report to be made, 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, employee of a telephone company, occupants of a building, employee of a school district, or 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.
[18-3313, added 1972, ch. 336, sec. 1, p. 913; am. 2006, ch. 46, sec. 1, p. 135; am. 2025, ch. 32, sec. 2, p. 168.]
(1) Excluding explosives as set forth in section 18-3313, Idaho Code, any person who reports, or causes any report to be made, to any police officer, sheriff, employee of a police department or sheriff’s office, employee of a 911 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, employee of a telephone company, occupants of a building, employee of a school district, or news reporter in the employ of a newspaper or radio or television station that an emergency exists in a public or private place, knowing that the report is false, is guilty of a misdemeanor and shall be sentenced to a term of imprisonment not to exceed one (1) year or a fine of no more than five thousand dollars ($5,000), or both.
(2) A person is guilty of a felony and shall be sentenced to a term of imprisonment not to exceed five (5) years or a fine of no more than twenty-five thousand dollars ($25,000), or both, if:
(a) The damages caused by a violation of this section exceed one thousand dollars ($1,000); or
(b) Any person suffers great bodily harm, permanent disfigurement, or permanent disability due to a violation of this section.
(3) A person is guilty of a felony and shall be sentenced to a term of imprisonment not to exceed ten (10) years and shall be fined in an amount no more than twenty-five thousand dollars ($25,000) if a violation of this section results in the death of any person.
(4) For purposes of this section, "private place" or "private places" shall include but are not limited to:
(a) Habitation, including but not limited to any building, inhabitable structure, or conveyance of any kind, whether the building, inhabitable structure, or conveyance is temporary or permanent, mobile or immobile, including a tent, and is designed to be occupied by people lodging at night, and includes a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest, and includes the curtilage of any such dwelling;
(b) A place of business or employment, including but not limited to a commercial enterprise or establishment owned by a person as all or part of the person’s livelihood or that is under the owner’s control or under control of an employee or agent of the owner with responsibility for protecting persons and property and shall include the interior and exterior premises of the place of business or employment;
(c) A vehicle, including but not limited to any motorized vehicle that is self-propelled and designed for use on public highways to transport people or property; and
(d) Any other place, area, structure, enclosure, or location where a person retains, or is otherwise provided with, the expectation of privacy pursuant to state law, including political subdivisions thereof, or federal or constitutional law.
[18-3313A, added 2025, ch. 32, sec. 3, p. 168.]
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.
[18-3314, added 1972, ch. 336, sec. 1, p. 913; am. 2009, ch. 110, sec. 1, p. 363.]
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.
[18-3315, added 1972, ch. 336, sec. 1, p. 913; am. 2009, ch. 110, sec. 2, p. 363.]
(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.
(c) "Generic and insignificant parts" includes, but is not limited to, springs, screws, nuts and pins.
(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.
[18-3315A, added 2010, ch. 244, sec. 3, p. 628.]
(1) Other than compliance with an order of the court, any official, agent, or employee of an Idaho government entity who knowingly and willfully orders an official, agent, or employee of an Idaho government entity to enforce any executive order, agency order, treaty, law, rule, or regulation of the United States government as provided in subsection (2) of this section upon a firearm, a firearm accessory, firearm component, or ammunition shall, on a first violation, be liable for a civil penalty not to exceed one thousand dollars ($1,000), which shall be paid into the general fund of the state, and on a second or subsequent violation shall be guilty of a misdemeanor. If a public officer or person commits a violation of section 18-315 or 18-703, Idaho Code, the public officer or person shall be punished as provided in those sections. Nothing in this section shall be construed to affect the law of search and seizure as set forth in section 17, article I of the constitution of the state of Idaho or as set forth in the fourth, fifth, and fourteenth amendments to the United States constitution. Notwithstanding anything to the contrary contained elsewhere in this act, no private cause of action exists under this section.
(2) No federal executive order, agency order, treaty, law, statute, rule, or regulation issued, enacted, or promulgated on or after the effective date of this act will be knowingly and willfully ordered to be enforced by any official, agent, or employee of an Idaho government entity if contrary to the provisions of section 11, article I of the constitution of the state of Idaho.
(3) "Enforcement," "enforce," or "enforced" shall not be construed to include the performance of any act solely for the purpose of facilitating the transfer of firearms under federal law. Any order of enforcement not excluded by the provisions of this subsection that occurs on and after the effective date of this act shall be and is a breach of the oath of office of the official, agent, or employee of the state or a political subdivision of the state.
(4) All Idaho government entities are prohibited from using any personnel, funds, or other resources to enforce, administer, or support the enforcement of any executive order, agency order, treaty, law, rule, or regulation of the United States government enacted or promulgated on or after the effective date of this act upon a firearm, firearm component, firearm accessory, or ammunition if contrary to the provisions of section 11, article I of the constitution of the state of Idaho.
(5) The provisions of this section may be enforced by the Idaho attorney general. The legislature of the state of Idaho may bring legal action for declaratory or injunctive relief to ensure compliance with the provisions of this section. The prevailing party in any such action may recover reasonable attorney’s fees and costs from the nonprevailing party.
(6) With the exception of failure to comply with an order of the court, any official, agent, or employee of an Idaho government entity shall not be subject to civil liability for failure to enforce, support, or assist with the enforcement of any executive order, agency order, treaty, law, rule, or regulation of the United States government that is contrary to section 11, article I of the constitution of the state of Idaho or the second amendment to the United States constitution.
(7) As used in this section:
(a) "Firearm accessory" means an item that is used in conjunction with or mounted upon a firearm, including but not limited to telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, braces, ammunition, ammunition carriers, and lights for target illumination.
(b) "Firearm component" means a component for making firearms, a component for making ammunition, reloading materials and equipment, machinery, design plans, software, and tools for manufacturing firearms and their ammunition.
(c) "Idaho government entity" means the state of Idaho and its departments and agencies and any political subdivision of the state of Idaho and other local government entities and agencies.
(8) Nothing in this "Idaho Firearm and Firearm Accessories and Components Protection Act" is intended nor shall be construed to replace or change the effective date or protections provided by the "Idaho Federal Firearm, Magazine and Register Ban Enforcement Act" as enacted in 2014 and that created this section. To the maximum extent possible, this "Idaho Firearm and Firearm Accessories and Components Protection Act" is intended to add to and expand upon the protections provided by the 2014 act and to provide the greatest possible protection to the rights of Idaho citizens.
[18-3315B, added 2014, ch. 148, sec. 3, p. 411; am. 2021, ch. 329, sec. 3, p. 1009.]
(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) 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.
[18-3316, added 1992, ch. 224, sec. 1, p. 675; am. 2002, ch. 187, sec. 1, p. 541; am. 2015, ch. 303, sec. 6, p. 1198.]
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.
[18-3317, added 1993, ch. 254, sec. 1, p. 880; am. 2007, ch. 42, sec. 1, p. 104.]
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.
[18-3318, added 1997, ch. 272, sec. 1, p. 796; am. 2001, ch. 256, sec. 1, p. 922; am. 2010, ch. 261, sec. 1, p. 662.]
(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.
[18-3319, added 1997, ch. 272, sec. 1, p. 797; am. 2001, ch. 256, sec. 2, p. 923.]
(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).
[18-3319A, added 2010, ch. 261, sec. 2, p. 663.]
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.
[18-3320, added 1997, ch. 272, sec. 1, p. 797.]
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.
[18-3320A, added 1999, ch. 299, sec. 1, p. 751.]
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.
[18-3321, added 1997, ch. 272, sec. 1, p. 797; am. 2002, ch. 86, sec. 1, p. 196.]
(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;
(c) Any weapon involving a disease organism; or
(d) Any weapon that is designed to release radiation or radioactivity at a level dangerous to human life.
[18-3322, added 2002, ch. 222, sec. 1, p. 624.]
(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.
[18-3323, added 2002, ch. 222, sec. 2, p. 624.]
(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.
[18-3324, added 2002, ch. 222, sec. 3, p. 625.]
(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.
[18-3325, added 2008, ch. 333, sec. 1, p. 918.]
(1) The legislature finds that:
(a) The second amendment to the United States constitution guarantees the people the right to keep and bear arms;
(b) Section 11, article I of the constitution of the state of Idaho provides that the "people have the right to keep and bear arms, which right shall not be abridged;… No law shall impose licensure, registration or special taxation on the ownership or possession of firearms or ammunition";
(c) In September 2022, the world’s three (3) largest payment card networks publicly announced they would assign a unique merchant category code to firearm retailers accepting payment cards for purchases, after twenty-eight (28) members of congress sent a public letter to networks, pressuring them to adopt the new code;
(d) In the letter to payment card networks, federal lawmakers stated that the new merchant category code for firearms retailers would be "the first step towards facilitating the collection of valuable financial data that could help law enforcement in countering the financing of terrorism efforts," expressing a clear government expectation that networks will utilize the new merchant category code to conduct mass surveillance of constitutionally protected firearms and ammunition purchases in cooperation with law enforcement;
(e) The new merchant category code will allow payment card networks, acquirers, and other entities involved in payment card processing to identify and separately track lawful payment card purchases at firearms retailers in Idaho, paving the way for both unprecedented surveillance of second amendment activity and unprecedented information sharing between payment networks and the government; and
(f) This potential for cooperative surveillance and tracking of lawful firearm and ammunition purchases will have a significant chilling effect on citizens wishing to exercise their federal and state constitutional rights to keep and bear arms in Idaho.
(2) Based on the findings described in subsection (1) of this section, it is the intent of the legislature to prohibit the misuse of payment card processing systems to surveil, report, or otherwise discourage constitutionally protected firearm, firearm accessories or components, and ammunition purchases and sales within Idaho’s jurisdiction.
(3) This section and section 18-3326A, Idaho Code, shall be construed as generally applicable consumer financial protection law and shall not prevent or significantly interfere with the duly authorized powers of any bank or directly or indirectly discriminate against any bank based on its charter or structure. This section and section 18-3326A, Idaho Code, shall not apply to any financial institution as defined in section 18-3326A, Idaho Code, or any person, company, entity, or organization regulated by the Idaho department of finance or otherwise subject to the jurisdiction, rules, or regulations of the federal deposit insurance corporation.
[18-3326, added 2023, ch. 303, sec. 1, p. 913.]
(1) For purposes of this section:
(a) "Ammunition" means ammunition or cartridge cases, primers, bullets, or propellant powder designed for use in any firearm;
(b) "Assign" or "assignment" means a payment network’s policy, process, or practice that labels, links, or otherwise associates a firearms code with a merchant or payment card transaction in a manner that allows the payment network or any other entity facilitating or processing the payment card transaction to identify whether a merchant is a firearms retailer or whether a transaction involves the sale of firearms or ammunition;
(c) "Customer" means any person engaged in a payment card transaction that a financial institution facilitates or processes and any person or the person’s duly authorized representative who has transacted business with or has used the services of a financial institution or for whom a financial institution has acted as a fiduciary in relation to an account maintained in such person’s name;
(d) "Disclosure" means the transfer, publication, or distribution of protected financial information to another person for any purpose other than to process or facilitate a payment card transaction;
(e) "Financial institution" means:
(i) A bank, savings and loan association, trust company, or credit union chartered pursuant to any state or federal law, a regulated consumer lender, a money service business, payment card issuer, or other institutions that are by law under the jurisdiction and supervision of the department of finance or the federal deposit insurance corporation; and
(ii) An entity involved in facilitating or processing a payment card transaction, including but not limited to a bank, acquirer, gateway, payment card network, or payment card issuer;
(f) "Financial record" means:
(i) The original or a copy of any record or document held by a payment network pertaining to a customer of a financial institution utilizing the payment network, including any record of a transaction conducted by means of a customer bank communication terminal or other electronic device;
(ii) A financial record held by a payment network related to a payment card transaction that the financial institution has processed or facilitated; and
(iii) Any information derived from such records or documents;
(g) "Firearm" means any weapon that will, is designed to, or may readily be converted to expel a projectile by the action of an explosive;
(h) "Firearm accessory or component" means:
(i) Any device specifically adapted to enable the wearing or carrying about one’s person or the storage or mounting in or on any conveyance of a firearm and any attachment or device specifically adapted to be inserted into or affixed onto any firearm to enable, alter, or improve the functioning or capabilities of the firearm;
(ii) Any item that is used in conjunction with or mounted upon a firearm, including but not limited to telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, braces, ammunition carriers, and lights for target illumination; and
(iii) Any component for making ammunition, reloading materials and equipment, machinery, and tools for manufacturing ammunition;
(i) "Firearms code" means any code or other indicator a payment network assigns to a merchant or to a payment card transaction that identifies whether a merchant is a firearms retailer or whether the payment card transaction involves the purchase of a firearm, firearm accessories or components, or ammunition. The term includes but is not limited to a merchant category code assigned to a retailer by a payment card network or other financial institution;
(j) "Firearms dealer" means any person engaged in the lawful business of selling or trading firearms or antique firearms, as those terms are defined in 18 U.S.C. 921, or ammunition to be used in firearms or antique firearms;
(k) "Government entity" means any state or local government agency or instrumentality thereof located in Idaho;
(l) "Merchant" means a person or entity that accepts payment cards from customers for the purchase of goods or services. The term includes a firearms retailer that accepts payment cards for the lawful purchase of firearms, firearm accessories or components, or ammunition;
(m) "Payment card" means a credit card, charge card, debit card, or any other card that is issued to an authorized card user and that allows the user to purchase goods or services from a merchant;
(n) "Payment network" means a debit or credit network through which funds may be transferred, such as credit card associations, electronic funds transfer networks, or other organizations, or associations, that issue or sponsor a financial transaction device. A payment network does not include any financial institution as defined in this section; and
(o) "Protected financial information" means any record of a sale, purchase, return, or refund involving a payment card that is retrieved, characterized, generated, labeled, sorted, or grouped based on the assignment of a firearms code. A customer’s protected financial information refers to protected financial information appearing in the financial records of a customer.
(2) Except for those records kept during the regular course of a criminal investigation and prosecution or as otherwise required by law, a state government entity or local government, special district, or other political subdivision or official, agent, or employee of the state or other government entity or any other person, public or private, other than the owner or owner’s representative, may not knowingly and willfully keep or cause to be kept any list, record, or registry of privately owned firearms or any list, record, or registry of the owners of those firearms.
(3) A payment network or its agent may not require the usage of a firearms code in a way that distinguishes a firearms retailer physically located in the state of Idaho from Idaho general merchandise retailers or sporting goods retailers.
(4) A payment network may not discriminate against a firearms retailer by:
(a) Declining a lawful payment card transaction based solely on the assignment or non-assignment of a firearms code to the merchant or transaction;
(b) Limiting or declining to do business with a customer, potential customer, or merchant based on the assignment or non-assignment of a firearms code to previous lawful transactions involving the customer, potential customer, or merchant;
(c) Charging a higher transaction or interchange fee to any merchant or for a lawful transaction based on the assignment or non-assignment of a firearms code; or
(d) Otherwise taking any action against a customer or merchant that is intended to suppress lawful commerce involving firearms, firearm accessories or components, or ammunition, which action is based solely or in part on the customer’s or merchant’s business involving firearms, firearm accessories or components, or ammunition.
(5) Except as otherwise required by law, a payment network may not disclose a financial record, including a firearms code that was collected in violation of this section.
(6) The attorney general may investigate alleged violations of this section and, upon finding a violation, shall provide written notice to any individual or entity, public or private, believed to be in violation of this section. Written notice to any commercial entity shall be made to the entity’s registered agent. Upon receipt of such written notice from the attorney general, the entity shall have thirty (30) calendar days to cease the requirement for usage of the firearms code. At the attorney general’s discretion, an entity may be granted up to an additional one hundred twenty (120) days to cease the requirement for usage of the firearms code.
(7)(a) Either a firearms retailer physically located within Idaho whose business was the subject of an alleged violation of this section or a customer who transacted at a firearms retailer physically located in Idaho whose business was the subject of an alleged violation of this section may petition the attorney general to investigate the alleged violation.
(b) If the attorney general does not commence an action within ninety (90) days of receiving the petition pursuant to this subsection, then the firearms retailer or customer may file an action in a court of competent jurisdiction to enjoin the individual or entity from requiring the firearms code in violation of this section.
(8) If an individual or entity is found to be requiring the usage of a firearms code by any merchant physically located in Idaho in violation of this section and fails to cease the requirement for usage of the firearms code by any firearms retailer physically located in Idaho after the expiration of thirty (30) calendar days from the receipt of written notice by the attorney general’s office, the attorney general shall pursue an injunction against any individual or entity, public or private, alleged to be in violation of this section. The attorney general shall pursue an injunction pursuant to this section in a court of competent jurisdiction in the judicial district where the alleged violation occurred against the individual or entity in alleged violation of this section.
(a) If a court finds that an individual or entity continues to be in violation of this section after thirty (30) calendar days from receiving written notice from the attorney general or from a finding by the court of a violation of this section, then the court shall enjoin the individual or entity from continuing to require the usage of the firearms code.
(b) If an individual or entity knowingly and willfully fails to comply with an injunction as provided in this section within thirty (30) days after being served with the injunction, then the court shall impose a civil penalty in a sum not to exceed ten thousand dollars ($10,000) per violation of an injunction issued pursuant to this section, committed after the expiration of the thirty (30) calendar day period after the entity or individual, public or private, was served with the injunction. In assessing such a penalty, the court shall consider factors including the financial resources of the violator and the harm or risk of harm to second amendment rights resulting from the violation. Any order assessing a penalty for violation of this section shall be stayed pending appeal of the order.
(c) In addition to the remedies provided in this section, the attorney general or a petitioner who prevails in an action under this section shall recover costs, reasonable attorney’s fees, and any other remedy the court deems appropriate.
(9) It shall not be a defense to an action filed pursuant to this section that such information was disclosed to a federal government entity, unless such disclosure or action was made based on a good faith conclusion that the disclosure or action was required by federal law or regulation.
[18-3326A, added 2023, ch. 303, sec. 2, p. 914.]
(1) Except as provided in sections 18-3302 and 18-3302A, Idaho Code, a city, county, or other political subdivision of this state shall not enact any ordinance, rule, or tax relating to the transportation, possession, carrying, sale, transfer, purchase, gift, devise, licensing, registration, or use of a knife or knife making components in this state.
(2) Notwithstanding the provisions of subsection (1) of this section, the following entities may regulate the possession of a knife:
(a) Public schools, including public charter schools;
(b) Any court of record for any courthouse;
(c) All law enforcement facilities;
(d) All places of involuntary confinement, including:
(i) Prisons and jails established pursuant to title 20, Idaho Code; and
(ii) Entities managed and operated pursuant to section 56-203, Idaho Code; and
(e) A city, county, or other political subdivision of the state in order to regulate child care facility safety standards.
(3) A city, county, or other political subdivision of this state shall not enact any rule or ordinance relating to the manufacture of a knife that is more restrictive than any rule or ordinance relating to the manufacture of any other commercial goods.
(4) Except as provided in sections 18-3302 and 18-3302A, Idaho Code, any rule or ordinance of a city, county, or political subdivision of this state that contradicts the provisions of this section shall be null, void, and of no force and effect.
[18-3327, added 2024, ch. 221, sec. 1, p. 777.]
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.
[18-3401, added 1981, ch. 323, sec. 2, p. 672.]
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.
[18-3502, added 1972, ch. 336, sec. 1, p. 916.]
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.
[18-3601, added 1972, ch. 336, sec. 1, p. 916; am. 1994, ch. 180, sec. 10, p. 428; am. 2004, ch. 49, sec. 1, p. 234.]
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.
[18-3602, added 1972, ch. 336, sec. 1, p. 917.]
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.
[18-3603, added 1972, ch. 336, sec. 1, p. 917.]
Forgery is punishable by imprisonment in the state prison for not less than one (1) nor more than fourteen (14) years.
[18-3604, added 1972, ch. 336, sec. 1, p. 917.]
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.
[I.C., sec. 18-3605, as added by 1972, ch. 336, sec. 1, p. 917.]
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.
[18-3606, added 1972, ch. 336, sec. 1, p. 918.]
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.
[18-3607, added 1972, ch. 336, sec. 1, p. 918.]
Counterfeiting is punishable by imprisonment in the state prison for not less than one (1) nor more than fourteen (14) years.
[18-3608, added 1972, ch. 336, sec. 1, p. 918.]
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.
[18-3609, added 1972, ch. 336, sec. 1, p. 918.]
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.
[18-3610, added 1972, ch. 336, sec. 1, p. 918; am. 1982, ch. 220, sec. 1, p. 596.]
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.
[18-3611, added 1972, ch. 336, sec. 1, p. 919.]
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.
[18-3612, added 1972, ch. 336, sec. 1, p. 919.]
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.
[18-3613, added 1972, ch. 336, sec. 1, p. 919; am. 2005, ch. 359, sec. 7, p. 1135.]
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.
[18-3614, added 1972, ch. 336, sec. 1, p. 919.]
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.
[18-3615, added 1972, ch. 336, sec. 1, p. 919.]
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.
[18-3616, added 1972, ch. 336, sec. 1, p. 920.]
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.
[18-3617, added 1972, ch. 336, sec. 1, p. 920.]
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.
[I.C., sec. 18-3619, as added by 1972, ch. 336, sec. 1, p. 920.]
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.
[18-3620, added 1972, ch. 336, sec. 1, p. 921.]
Any person who, with the intent to detain or remain on real property, knowingly and willfully presents to another person a false document purporting to be a valid lease agreement, deed, or other instrument conveying real property rights commits a misdemeanor.
[18-3621, added 2025, ch. 222, sec. 2, p. 1044.]
A person who lists or advertises residential real property for sale knowing that the purported seller has no legal title or authority to sell the property or who rents or leases the property to another person knowing that he has no lawful ownership in the property or leasehold interest in the property commits a felony.
[18-3622, added 2025, ch. 222, sec. 3, p. 1044.]
"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 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.
[I.C., sec. 18-3801, as added by lst Ex. Session 1992, ch. 2, sec. 3, p. 5.]
(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.
[I.C., sec. 18-3802, as added by lst Ex. Session 1992, ch. 2, sec. 4, p. 5.]
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.
[18-3809, added 1972, ch. 336, sec. 1, p. 923; am. 2006, ch. 71, sec. 12, p. 220.]
(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.
[18-3810, added 1986, ch. 8, sec. 2, p. 49; am. 2006, ch. 71, sec. 13, p. 220.]
(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.
[18-3905, added 1984, ch. 205, sec. 13, p. 511.]
(1) It shall constitute an infraction for any person to throw from any vehicle, place, deposit or permit to be deposited upon or alongside of any highway, street, alley or easement used by the public for public travel, any debris, paper, litter, glass bottles, glass, nails, tacks, hooks, hoops, cans, barbed wire, boards, trash or garbage, lighted material, or other waste substance, and is punishable by a fine of one hundred fifty dollars ($150). A second conviction under this section within two (2) years of the commission of the prior offense for which the person was convicted shall constitute an infraction and be punishable by a fine not exceeding three hundred dollars ($300). A third conviction under this section within three (3) years of the first offense for which the person was convicted shall constitute a misdemeanor and be punishable by a fine not exceeding one thousand dollars ($1,000) and by imprisonment in the county jail not exceeding thirty (30) days. For the purposes of this section, the terms "highway," "street," "alley" or "easement" shall be construed to include the entire right-of-way of such highway, street, alley or easement. The Idaho transportation department is directed to post along state highways, at convenient and appropriate places, notices of the context of said law.
(2) Notwithstanding the provisions of section 19-4705, Idaho Code, the court may order that fifty dollars ($50.00) of the fine imposed under the provisions of this section be paid by the defendant to the person or persons, other than the officer making the arrest, who, in the judgment of the court, provided information that led directly to the arrest and conviction of the defendant.
(3) It shall constitute a misdemeanor for any person to willfully throw, deposit, or place, or to lose and willfully leave upon or alongside of any highway or street used by the public for public travel, any debris, substance, object or material that impedes traffic or creates a hazardous driving condition, and is punishable by a fine not exceeding two thousand five hundred dollars ($2,500) or by imprisonment in the county jail not exceeding six (6) months, or by both.
[18-3906, added 1972, ch. 336, sec. 1, p. 925; am. 1974, ch. 12, sec. 86, p. 61; am. 1986, ch. 298, sec. 1, p. 747; am. 2015, ch. 177, sec. 1, p. 578; am. 2015, ch. 183, sec. 1, p. 587.]
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.
[I.C., sec. 18-3907, as added by 1972, ch. 336, sec. 1, p. 925.]
Any person who runs water either by flooding or sprinkler irrigation across any public highway, road or street, without first constructing a good and sufficient ditch or ditches to convey the same, or who fails to bridge such ditch or ditches, or to keep such bridge or ditches in good repair, or to ensure that the flow from the sprinkler does not flood the public highway, road or street and all persons, companies or corporations who suffer any water used by them for the purpose of irrigation, or any other purposes, to flow into or upon any public highway, road or street, in any other manner than that authorized by law, are guilty of an infraction on the first offense, and shall be guilty of a misdemeanor for each offense thereafter per calendar year, and upon conviction thereof shall be fined fifty dollars ($50.00), and for a second offense, double said fine and costs; and it is hereby made the duty of all road supervisors, constables and marshals, to make complaint before the proper court, for violations of this section, whenever notified or having knowledge thereof. A person may not be charged under the provisions of this chapter if the flooding from a sprinkler or other water conveyance system is a result of mechanical failure, wind or other climatic condition, or other circumstances outside of the control of the person.
[18-3908, added 1972, ch. 336, sec. 1, p. 925; am. 2001, ch. 289, sec. 1, p. 1026; am. 2015, ch. 198, sec. 2, p. 608.]
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.
[I.C., sec. 18-3910, as added by 1972, ch. 336, sec. 1, p. 926.]
(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.
[I.C., sec. 18-3911, as added by 1972, ch. 336, sec. 1, p. 926; am. 1974, ch. 12, sec. 87, p. 61.]
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.
[I.C., sec. 18-3912, as added by 1972, ch. 336, sec. 1, p. 927; am. 1974, ch. 12, sec. 88, p. 61.]
(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.
[I.C., sec. 18-3913, as added by 1972, ch. 336, sec. 1, p. 927; am. 2003, ch. 129, sec. 1, p. 380.]
A violation of this chapter and regulations authorized by this act is a misdemeanor unless the violation is defined as an infraction.
[I.C., sec. 18-3914, as added by 1972, ch. 336, sec. 1, p. 928; am. 2001, ch. 289, sec. 2, p. 1027.]
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.
[18-4001, added 1972, ch. 336, sec. 1, p. 928; am. 1977, ch. 154, sec. 1, p. 390; am. 2002, ch. 330, sec. 1, p. 935.]
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.
[18-4002, added 1972, ch. 336, sec. 1, p. 928.]
(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.
[18-4003, added 1972, ch. 336, sec. 1, p. 928; am. 1973, ch. 276, sec. 1, p. 588; am. 1977, ch. 154, sec. 2, p. 390; am. 1991, ch. 227, sec. 1, p. 546; am. 2002, ch. 222, sec. 4, p. 627.]
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.
[I.C., sec. 18-4004, as added by 1972, ch. 336, sec. 1, p. 928; am. 1973, ch. 276, sec. 2, p. 588; am. 1977, ch. 154, sec. 3, p. 391; am. 1986, ch. 232, sec. 2, p. 639; am. 1998, ch. 96, sec. 1, p. 343; am. 2003, ch. 19, sec. 1, p. 71; am. 2003, ch. 136, sec. 1, p. 394.]
(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 for murder in the first degree and no later than thirty (30) days after entry of a plea for aggravated lewd conduct with a minor child twelve (12) years of age or under. 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.
[18-4004A, added 1998, ch. 96, sec. 2, p. 344; am. 2003, ch. 19, sec. 2, p. 71; am. 2008, ch. 300, sec. 1, p. 837; am. 2025, ch. 177, sec. 5, p. 835.]
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.
[18-4005, added 1972, ch. 336, sec. 1, p. 928.]
Manslaughter is the unlawful killing of a human being including, but not limited to, a human embryo or fetus, without malice. It is of three (3) kinds:
(1) Voluntary — upon a sudden quarrel or heat of passion.
(2) Involuntary — in the perpetration of or attempt to perpetrate any unlawful act, other than those acts specified in section 18-4003(d), Idaho Code; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection; or in the operation of any firearm or deadly weapon in a reckless, careless or negligent manner which produces death.
(3) Vehicular — in which the operation of a motor vehicle is a significant cause contributing to the death because of:
(a) The commission of an unlawful act, not amounting to a felony, with gross negligence; or
(b) The commission of a violation of section 18-8004 or 18-8006, Idaho Code; or
(c) The commission of an unlawful act, not amounting to a felony, without gross negligence.
Notwithstanding any other provision of law, any evidence of conviction under subsection (3)(b) of this section shall be admissible in any civil action for damages resulting from the occurrence. A conviction for the purposes of subsection (3)(b) of this section means that the person has pled guilty or has been found guilty, notwithstanding the form of the judgment(s) or withheld judgment(s).
[18-4006, added 1972, ch. 336, sec. 1, p. 928; am. 1983, ch. 3, 1st E.S., sec. 17, p. 21; am. 1984, ch. 22, sec. 5, p. 36; am. 1997, ch. 103, sec. 1, p. 244; am. 2002, ch. 330, sec. 2, p. 936; am. 2007, ch. 43, sec. 1, p. 104; am. 2009, ch. 166, sec. 1, p. 496.]
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:
(i) For a person who has not previously been found guilty of or pled guilty to a violation of the provisions of section 18-8004 or 18-8006, Idaho Code, or any substantially conforming foreign criminal violation, as described in section 18-8005(10), 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.
(ii) For a person who has previously been found guilty of or pled guilty once to a violation of the provisions of section 18-8004 or 18-8006, Idaho Code, or any substantially conforming foreign criminal violation, as described in section 18-8005(10), Idaho Code, notwithstanding the form of the judgment or withheld judgment, by a fine of not more than twenty thousand dollars ($20,000) and by a sentence to the custody of the state board of correction for a mandatory minimum fixed term of imprisonment of five (5) years, not to exceed twenty-five (25) years.
(iii) For a person who has previously been found guilty of or pled guilty two (2) or more times to a violation of the provisions of section 18-8004 or 18-8006, Idaho Code, or any substantially conforming foreign criminal violation, as described in section 18-8005(10), Idaho Code, notwithstanding the form of the judgment or withheld judgment, by a fine of not more than twenty thousand dollars ($20,000) and by a sentence to the custody of the state board of correction for a mandatory minimum fixed term of imprisonment of ten (10) years, not to exceed twenty-five (25) years.
(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, that 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.
[18-4007, added 1983, ch. 3, 1st E.S., sec. 19, p. 22; am. 1992, ch. 33, sec. 1, p. 97; am. 1994, ch. 413, sec. 1, p. 1302; am. 1997, ch. 311, sec. 1, p. 922; am. 2002, ch. 356, sec. 1, p. 1013; am. 2009, ch. 166, sec. 2, p. 496; am. 2025, ch. 171, sec. 1, p. 807.]
(1) Homicide is justifiable when committed by any person in any of the following cases:
(a) When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person;
(b) When committed in defense of habitation, a place of business or employment, occupied vehicle, property or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony, or against one who manifestly intends and endeavors, in a violent, riotous or tumultuous manner, to enter the habitation, place of business or employment or occupied vehicle of another for the purpose of offering violence to any person therein;
(c) When committed in the lawful defense of such person, or of a wife or husband, parent, child, master, mistress or servant of such person, when there is reasonable ground to apprehend a design to commit a felony or to do some great bodily injury, and imminent danger of such design being accomplished; but such person, or the person in whose behalf the defense was made, if he was the assailant or engaged in mortal combat, must really and in good faith have endeavored to decline any further struggle before the homicide was committed; or
(d) When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed, or in lawfully suppressing any riot, or in lawfully keeping and preserving the peace.
(2) For purposes of subsection (1)(b) of this section, a person who unlawfully and by force or by stealth enters or attempts to enter a habitation, place of business or employment or occupied vehicle is presumed to be doing so with the intent to commit a felony.
(3) For purposes of this section:
(a) "Habitation" means any building, inhabitable structure or conveyance of any kind, whether the building, inhabitable structure or conveyance is temporary or permanent, mobile or immobile, including a tent, and is designed to be occupied by people lodging therein at night, and includes a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest, and includes the curtilage of any such dwelling.
(b) "Place of business or employment" means a commercial enterprise or establishment owned by a person as all or part of the person’s livelihood or is under the owner’s control or under control of an employee or agent of the owner with responsibility for protecting persons and property and shall include the interior and exterior premises of the place of business or employment.
(c) "Vehicle" means any motorized vehicle that is self-propelled and designed for use on public highways to transport people or property.
[18-4009, added 1972, ch. 336, sec. 1, p. 930; am. 2018, ch. 222, sec. 1, p. 500.]
Homicide is justifiable when committed by public officers and those acting by their command in their aid and assistance, either:
In obedience to any judgment of a competent court; or
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
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.
[18-4011, added 1972, ch. 336, sec. 1, p. 931; am. 1986, ch. 303, sec. 2, p. 755.]
Homicide is excusable in the following cases:
When committed by accident and misfortune in doing any lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent.
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.
[I.C., sec. 18-4012, as added by 1972, ch. 336, sec. 1, p. 931.]
The homicide appearing to be justifiable or excusable, the person indicted must, upon his trial, be fully acquitted and discharged.
[18-4013, added 1972, ch. 336, sec. 1, p. 931.]
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.
[18-4014, added 1972, ch. 336, sec. 1, p. 931.]
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.
[18-4015, added 1972, ch. 336, sec. 1, p. 931.]
(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
(c) Of any woman with respect to her embryo or fetus.
(3) Nothing in this chapter is intended to amend or nullify the provisions of chapter 6, title 18, Idaho Code.
[18-4016, added 2002, ch. 330, sec. 3, p. 936; am. 2002, ch. 337, sec. 1, p. 953.]
(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;
(c) Entitled to inherit from 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.
[18-4017, added 2011, ch. 194, sec. 1, p. 555.]
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, 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. Nothing herein contained is intended to include or proscribe the breastfeeding of a child or the expression of breast milk for the purpose of feeding a child.
[18-4101, added 1973, ch. 305, sec. 2, p. 655; am. 1976, ch. 81, sec. 1, p. 259; am. 2018, ch. 181, sec. 1, p. 395; am. 2026, ch. 262, sec. 1, p. 1111.]
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.
[I.C., sec. 18-4102, as added by 1973, ch. 305, sec. 4, p. 655; am. 1976, ch. 81, sec. 2, p. 261.]
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.
[I.C., sec. 18-4103, as added by 1973, ch. 305, sec. 6, p. 655; am. 1976, ch. 81, sec. 3, p. 262.]
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.
[18-4103A, added 1976, ch. 81, sec. 4, p. 262.]
(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.
[I.C., sec. 18-4104, as added by 1973, ch. 305, sec. 7, p. 655; am. 1976, ch. 81, sec. 5, p. 263.]
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
(c) Any depiction of sado-masochistic abuse, as defined in section 18-1514, Idaho Code, is guilty of a misdemeanor.
[18-4105, added 1973, ch. 305, sec. 8, p. 655; am. 2026, ch. 343, sec. 4, p. 1338.]
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.
[18-4105A, added 1976, ch. 81, sec. 6, p. 263.]
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.
[I.C., sec. 18-4106, as added by 1973, ch. 305, sec. 9, p. 655.]
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.
[I.C., sec. 18-4107, as added by 1973, ch. 305, sec. 10, p. 655; am. 1976, ch. 81, sec. 7, p. 263.]
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.
[I.C., sec. 18-4108, as added by 1973, ch. 305, sec. 11, p. 655.]
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.
[18-4109, as added by 1973, ch. 305, sec. 12, p. 655; am. 1976, ch. 81, sec. 8, p. 264; am. 2006, ch. 71, sec. 14, p. 221.]
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.
[I.C., sec. 18-4110, as added by 1973, ch. 305, sec. 13, p. 655; am. 1976, ch. 81, sec. 9, p. 264.]
(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.
[18-4111, added 1976, ch. 81, sec. 11, p. 265.]
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.
[18-4112, added 1976, ch. 81, sec. 13, p. 266.]
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.
[I.C., sec. 18-4113, as added by 1973, ch. 305, sec. 16, p. 655.]
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 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.
[I.C., sec. 18-4114, as added by 1973, ch. 305, sec. 17, p. 655; am. 1976, ch. 81, sec. 14, p. 266.]
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.
[I.C., sec. 18-4115, as added by 1973, ch. 305, sec. 21, p. 655.]
(1) A person is guilty of a misdemeanor if the person willfully and lewdly, either:
(a) Exposes his or her genitals; exposes developed female breasts, including the areola and nipple; exposes adult male breasts, including the areola and nipple, that have been medically or hormonally altered to appear like developing or developed female breasts; exposes artificial breasts, including the areola and nipple, intended to resemble female breasts; or displays toys or products intended to resemble male or female genitals in any public place or in any place where there is present another person or persons who are offended thereby; or
(b) Procures, counsels, or assists any person so to expose his or her genitals; to expose developed female breasts, including the areola and nipple; to expose adult male breasts, including the areola and nipple, that have been medically or hormonally altered to appear like developing or developed female breasts; to expose artificial breasts, including the areola and nipple, intended to resemble female breasts; or to display toys or products intended to resemble male or female genitals where there is present another person or persons who are offended thereby.
(2) Any person who pleads guilty to or is found guilty of a violation of subsection (1) of this section or a similar statute in another state or any local jurisdiction for a third time within five (5) years, notwithstanding the form of the judgment(s) or withheld judgment(s), is guilty of a felony and may be imprisoned in the state prison for a period not to exceed five (5) years.
(3) The provisions of this section shall not apply to the breastfeeding of a child or the expression of breast milk for the purpose of feeding a child.
[18-4116, added 1996, ch. 241, sec. 1, p. 771; am. 2006, ch. 178, sec. 8, p. 549; am. 2018, ch. 181, sec. 2, p. 397; am. 2025, ch. 173, sec. 1, p. 818.]
(1) Any person who knowingly and willfully enters a restroom or changing room in a government-owned building or a place of public accommodation, as defined in section 67-5902, Idaho Code, that is designated for use by the opposite biological sex of such person shall be guilty of a misdemeanor and may be imprisoned in the county jail for a period not to exceed one (1) year. Any person who pleads guilty to or is found guilty of a violation of this section, a similar statute in another state, or any similar local ordinance for a second time within five (5) years of the first conviction, notwithstanding the form of judgment or withheld judgment, shall be guilty of a felony and may be imprisoned in the state prison for a period not to exceed five (5) years.
(2) The provisions of subsection (1) of this section shall not apply to an individual who enters a restroom or changing room designated for the opposite sex in any of the following circumstances:
(a) To perform custodial services or maintenance;
(b) To render medical assistance;
(c) To provide law enforcement assistance or to supervise any arrestee, detainee, or inmate in a custodial setting;
(d) To provide services or render aid during a natural disaster, during a declared emergency, or when necessary to prevent a serious threat to good order or safety;
(e) To use a single-user facility designated for the opposite sex, if such single-user facility is the only facility reasonably available at the time of the person’s use of the facility;
(f) To use restroom facilities when the person is in dire need of urinating or defecating and such facility is the only facility reasonably available at the time of the person’s use;
(g) To use restrooms, changing rooms, and sleeping quarters that have been temporarily designated for use by people of that person’s biological sex;
(h) To provide coaching or athletic training during athletic events;
(i) To accompany and render assistance to a person who is in need of assistance when the person rendering assistance is:
(i) A family member or a legal guardian; or
(ii) The designee of the person in need of assistance and the designee is not a member of the designated sex for the single-sex restroom, changing facility, or sleeping quarters; or
(j) To a minor child who is in need of assistance and, for the purpose of receiving that assistance, is accompanied by a family member, a legal guardian, or the individual’s designee who is a member of the designated sex for the single-sex restroom or changing facility.
(3) As used in this section, "changing room" means a facility in which a person may be in a state of undress in the presence of others, including a locker room, changing room, or shower room.
[18-4117, added 2026, ch. 263, sec. 1, p. 1114.]
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.
[18-4202, added 1972, ch. 336, sec. 1, p. 933.]
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.
[18-4301, added 1972, ch. 336, sec. 1, p. 933; am. 2002, ch. 115, sec. 1, p. 327.]
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.
[I.C., sec. 18-4302, as added by 1972, ch. 336, sec. 1, p. 933.]
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.
[18-4303, added 1972, ch. 336, sec. 1, p. 933.]
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.
[18-4304, added 1972, ch. 336, sec. 1, p. 933.]
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.
[18-4305, added 1972, ch. 336, sec. 1, p. 934.]
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.
[18-4306, added 1972, ch. 336, sec. 1, p. 934; am. 2002, ch. 115, sec. 2, p. 327.]
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.
[18-4307, added 1972, ch. 336, sec. 1, p. 934.]
Any person who relocates or places in pipe, culvert, or other conduit or buries a ditch, canal, lateral, or drain contrary to the provisions of section 42-1203, Idaho Code, shall be guilty of a misdemeanor.
[18-4308, added 2024, ch. 93, sec. 17, p. 439; am. 2026, ch. 109, sec. 7, p. 563.]
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.
[I.C., sec. 18-4309, as added by 1972, ch. 336, sec. 1, p. 935; am. 2012, ch. 20, sec. 3, p. 67.]
Any person who willfully and wrongfully prevents or interferes with the proper delivery of water to the person or persons having a right thereto shall be guilty of a misdemeanor.
[18-4310, added 1972, ch. 336, sec. 1, p. 935; am. 2026, ch. 112, sec. 29, p. 576.]
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.
[18-4401, added 1972, ch. 336, sec. 1, p. 935.]
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.
[18-4402, added 1972, ch. 336, sec. 1, p. 935.]
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.
[18-4403, added 1972, ch. 336, sec. 1, p. 936.]
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.
[18-4404, added 1972, ch. 336, sec. 1, p. 936.]
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.
[18-4405, added 1972, ch. 336, sec. 1, p. 936.]
Every person who wilfully:
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,
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,
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,
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 kidnapping.
[18-4501, added 1972, ch. 336, sec. 1, p. 936; am. 1985, ch. 121, sec. 1, p. 296; am. 2026, ch. 251, sec. 2, p. 1055.]
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 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.
[18-4502, added 1972, ch. 336, sec. 1, p. 937; am. 1978, ch. 254, sec. 1, p. 555; am. 1981, ch. 321, sec. 1, p. 671; am. 2022, ch. 124, sec. 15, p. 448.]
Every other kidnapping committed shall be kidnapping in the second degree.
[18-4503, added 1972, ch. 336, sec. 1, p. 937; am. 2026, ch. 251, sec. 3, p. 1055.]
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.
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.
[18-4504, added 1972, ch. 336, sec. 1, p. 937; am. 1980, ch. 298, sec. 1, p. 775; am. 2000, ch. 126, sec. 1, p. 300.]
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.
[18-4504A, added 2000, ch. 126, sec. 2, p. 300.]
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.
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.
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.
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.
Upon making the prescribed findings, the court shall impose sentence within the limits fixed by law.
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.
[18-4505, added 1980, ch. 298, sec. 2, p. 775; am. 2000, ch. 126, sec. 3, p. 300.]
(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.
(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;
(c) The action is consented to by the lawful custodian of the child; or
(d) The child is returned within twenty-four (24) hours after expiration of an authorized visitation privilege.
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.
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.
[18-4506, added 1987, ch. 88, sec. 1, p. 168.]
Sections 18-4507, 18-4508, 18-4509, 18-4510 and 18-4511, Idaho Code, may be cited as the "Missing Child Reporting Act."
[18-4507, added 1988, ch. 281, sec. 1, p. 912.]
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.
[18-4508, added 1988, ch. 281, sec. 1, p. 912; am. 1989, ch. 219, sec. 1, p. 532; am. 2000, ch. 469, sec. 23, p. 1478.]
(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.
[18-4509, added 1988, ch. 281, sec. 1, p. 912; am. 1989, ch. 219, sec. 2, p. 533; am. 1999, ch. 12, sec. 1, p. 16; am. 2000, ch. 469, sec. 24, p. 1478.]
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.
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.
[18-4510, added 1988, ch. 281, sec. 1, p. 913; am. 1989, ch. 219, sec. 3, p. 534.]
(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 school shall notify in writing the person enrolling the student that within thirty (30) days he must provide either a certified copy of the student’s birth certificate or other reliable proof of the student’s identity and birthdate, which proof shall be accompanied by an affidavit explaining the inability to produce a copy of the birth certificate. Other reliable proof of the student’s identity and birthdate may include a passport, visa or other governmental documentation of the child’s identity.
(a) Upon the failure of a person enrolling a student to comply with the provisions of this subsection, the school shall immediately notify the local law enforcement agency of such failure, and shall notify the person enrolling the student, in writing, that he has ten (10) additional days to comply.
(b) The school shall immediately report to the local law enforcement agency any documentation or affidavit received pursuant to this subsection which appears inaccurate or suspicious in form or content.
(3) Within fourteen (14) days after enrolling a transfer student, the public or private elementary or secondary school shall request directly from the student’s previous school a certified copy of his record. The requesting school shall exercise due diligence in obtaining the copy of the record requested. A student transferring schools within the same school district need not provide proof of identity and birthdate if the student’s record already contains such verified information. Any public or private elementary or secondary school which is requested to forward a copy of a transferred student’s record to the student’s new school shall comply within ten (10) days of receipt of the request, unless the record has been flagged pursuant to subsection (1) of this section, in which case the copy shall not be forwarded and the school shall notify the local law enforcement agency of the request for a flagged record; provided however, that any private school accredited by the state board of education which has an agreement allowing retention of a student’s record when such student’s tuition or fees have not been paid may comply with the provisions of this subsection by notifying the student’s new school that the transferred student’s records are being held for nonpayment of tuition or fees. However, such private school shall be required to notify the local law enforcement agency if the student’s record has been flagged pursuant to the provisions of subsection (1) of this section, even if the student’s tuition and fees have not been paid.
(4) It shall be the duty of the local law enforcement agency to immediately investigate each report received from a school of a failure to comply with the provisions of subsection (2) or (3) of this section.
(5) Failure of a parent, or person in custody of a child, or a person enrolling a student, to comply with the documentation requirements of this section after a lawful request by a law enforcement agency, or to cooperate with a law enforcement investigation lawfully conducted pursuant to this section, shall constitute a misdemeanor.
[18-4511, added 1988, ch. 281, sec. 1, p. 914; am. 1989, ch. 219, sec. 4, p. 535; am. 1992, ch. 108, sec. 1, p. 337; am. 1993, ch. 188, sec. 1, p. 479; am. 1996, ch. 400, sec. 1, p. 1333; am. 2000, ch. 469, sec. 25, p. 1479.]
(1) The Idaho state police shall establish a missing persons clearinghouse as a resource center of information and assistance regarding missing and unidentified persons.
(2) The director of the Idaho state police shall appoint a coordinator to manage appropriate programs for addressing the problem of missing persons, which may include the following:
(a) Collecting and maintaining computerized data and investigative information on missing and unidentified persons in Idaho;
(b) Establishing access to the national crime information center and to other sources of automated information;
(c) Distributing information to public and private nonprofit agencies that will assist in the location and recovery of missing persons;
(d) Operating a toll-free telephone hotline for accepting reports relating to missing persons;
(e) Publishing a directory of missing persons;
(f) Compiling statistics on missing persons cases handled and resolved each year;
(g) Developing and conducting training on issues relating to missing persons;
(h) Developing and distributing educational and other information regarding the prevention of abduction and sexual exploitation of children.
(3) The Idaho state police may accept gifts and grants from governmental agencies and private nonprofit organizations to achieve the purposes of the clearinghouse.
(4) The Idaho state police shall publish an annual report on the activities and achievements of the clearinghouse.
(5) The Idaho state police shall determine, by rule, the type and content of information to be collected by the clearinghouse and the manner of collecting and disseminating that information.
(6) The clearinghouse coordinator, in cooperation with the office of the superintendent of public instruction, shall develop a coordinated plan for the distribution of information to teachers and students in the school districts of the state regarding missing and runaway children. The superintendent of public instruction shall encourage local school districts to cooperate by providing the Idaho state police with information on any missing and runaway children that may be identified within the district.
[18-4512 added 1996, ch. 367, sec. 1, p. 1238; am. 1999, ch. 12, sec. 2, p. 17; am. 2000, ch. 469, sec. 26, p. 1480.]
Every person who cuts out, alters, mutilates, changes, disfigures, or defaces any legally recorded mark or marks made upon any log, lumber, or wood, or re-marks or puts a false mark thereon with intent to prevent the owner from discovering its identity, or places any mark upon, or cuts, saws, manufactures, or in any manner appropriates to his own use, or to the use of any other person, any prize log or timber, is guilty of a misdemeanor and punishable by a fine not exceeding one thousand dollars ($1,000), or imprisonment in the county jail not exceeding six (6) months, or by both such fine and imprisonment. In any prosecution for a violation of the provisions of this section relating to prize logs it shall be sufficient to prove that such logs are prize logs without further proof of ownership.
[18-4616, added 1972, ch. 336, sec. 1, p. 939; am. 2006, ch. 71, sec. 15, p. 221.]
Every person who shall, at any place within this state, ride or attempt to ride upon any locomotive engine, railroad car, railroad train, or trains of any character, in or upon any part thereof, for the purpose or with the intent of stealing a ride thereon, or who shall at any place, within this state, climb upon, hold to, or in any manner attach himself to, any locomotive engine or railroad car or railroad train or trains of any character, while the same are in motion, shall be guilty of a misdemeanor: provided, that this section shall not apply to any employee of a railroad company operating such train, locomotive or car, nor to any person operating such train, locomotive or car, nor to any person having business with, or acting under legal authority of, such railroad company.
[I.C., sec. 18-4617, as added by 1972, ch. 336, sec. 1, p. 939.]
Authority is hereby given to and conferred upon railroad conductors and engineers of railroad trains, to immediately arrest, without warrant or other process, any person or persons violating the preceding section, and deliver such persons to any peace officer: provided, that nothing in this section contained shall be construed to restrict the authority or duty of the regular officer within the state of making arrests for said offense.
[18-4618, added 1972, ch. 336, sec. 1, p. 940.]
Any person charged with a violation of section 18-4617 may be tried in any county in this state through which such train carrying such person may pass, or in the county in which such violation may have occurred or may be discovered.
[18-4619, added 1972, ch. 336, sec. 1, p. 940.]
Every person who shall be convicted of a violation of any of the offenses mentioned in section 18-4617 shall be punished by imprisonment in the county jail for a period not exceeding thirty days, or by a fine of not more than $60.00, or by both such fine and imprisonment.
[18-4620, added 1972, ch. 336, sec. 1, p. 940.]
Whoever shall without permission or authority of any person, firm or corporation engaged in the generation or distribution of electricity, make connections, or cause connections to be made, by wire or wires or by any other device, with the wires, cables or conductors, or any of them, of any such person, firm or corporation, for the purpose of obtaining or diverting electric current from such wires, cables or conductors; or whoever shall, without permission or authority from any person, firm or corporation using any meter or meters erected or set up for the purpose of registering or recording the amount of electric current supplied to any customer of such person, firm or corporation within this state, connect or cause to be connected by wire or any other device, any such meter or meters, or change or shunt the wiring leading to or from any such meter or meters, or by any device or appliance or means whatsoever tamper with any such meter or meters in such manner that such meter or meters do not measure or record the full amount of electric current supplied to such customer, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail for a term not exceeding six (6) months, or by both such fine and imprisonment: provided, that nothing herein contained shall be deemed to affect the right of any person, firm or corporation to recover by action in any court of competent jurisdiction damages for any injury done by such unlawful acts.
[18-4621, added 1972, ch. 336, sec. 1, p. 940; am. 2005, ch. 359, sec. 8, p. 1135.]
Any person or persons aiding, abetting or counseling the acts, or any of them, mentioned in the preceding section, shall, upon conviction thereof, be equally guilty with the principals and subject to the same penalties.
[18-4622, added 1972, ch. 336, sec. 1, p. 941.]
In all prosecutions under the two (2) preceding sections, proof that any of the acts herein forbidden were done on or about the premises owned or occupied by the defendant charged with the commission of such offense, or that he received the benefit of any such electric current on account of the commission of such acts, shall be prima facie evidence of the guilt of such defendant.
[18-4623, added 1972, ch. 336, sec. 1, p. 941.]
A person steals property and commits theft by the alteration, transfer or removal of any label, price tag, marking, indicia of value or any other markings which aid in the determination of value of any merchandise displayed, held, stored, or offered for sale, in a retail mercantile establishment, for the purpose of attempting to purchase such merchandise either personally or in consort with another, at less than the retail price with the intention of depriving the merchant of the value of such merchandise.
[18-4624, added 1980, ch. 336, sec. 1, p. 870.]
In any prosecution for a violation of this chapter, photographs of the goods or merchandise alleged to have been taken or converted shall be deemed competent evidence of such goods or merchandise and shall be admissible in any proceeding, hearing or trial to the same extent as if such goods and merchandise had been introduced as evidence. Such photographs shall bear a written description of the goods or merchandise alleged to have been taken or converted, the name of the owner of such goods or merchandise, or the store or establishment wherein the alleged offense occurred, the name of the accused, the name of the arresting peace officer, the date of the photograph and the name of the photographer. Such writing shall be made under oath by the arresting peace officer, and the photographs identified by the signature of the photographer. Upon the filing of such photograph and writing with the authority or court holding such goods and merchandise as evidence, such goods or merchandise shall be returned to their owner, or the proprietor or manager of the store or establishment wherein the alleged offense occurred.
[18-4625, added 1980, ch. 336, sec. 2, p. 870.]
(a) Whoever, without authority, willfully conceals the goods, wares or merchandise of any store or merchant, while still upon the premises of such store or merchant, shall be 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. Goods, wares or merchandise found concealed upon the person shall be prima facie evidence of a willful concealment.
(b) Any owner, his authorized employee or agent of any store or merchant, apprehending or detaining a person on or in the immediate vicinity of the premises of any store or merchant, for the purpose of investigation or questioning as to the ownership of any goods, wares or merchandise, shall have as a defense in any action, civil or criminal, that such detention of the person or persons was in a reasonable manner and for not more than a reasonable time to permit such investigation or questioning by a peace officer or by the owner of the store or merchant, his authorized employee or agent, and that such peace officer, owner, employee or agent had probable cause to believe that the person so detained was committing or attempting to commit an offense as set forth in subsection (a) of this section. "Reasonable time" shall mean the time necessary to permit the person detained to make a statement or to refuse to make a statement, and the time necessary to examine employees and records of the store or merchant relative to ownership of the merchandise.
[18-4626, as added by 1972, ch. 336, sec. 1, p. 941; am. 1973, ch. 258, sec. 1, p. 510; am. 2005, ch. 359, sec. 9, p. 1136.]
It shall be unlawful for any person to transport on the highways of this state, outside of incorporated cities, more than two (2) coniferous trees without proof of ownership. Such proof of ownership shall consist of one (1) or more of the following:
(1) A tag designating the grower or producer, and/or the vendor of the tree; such tag shall be attached firmly to the branches or trunk of the tree;
(2) A permit issued by the proper state or federal agencies which shall specify:
(a) The date of its execution;
(b) The name of the permittee;
(c) The location or area where the trees were harvested; and
(d) The amount or number of trees authorized to be cut.
(3) A bill of sale showing title thereto, which shall specify:
(a) The date of its execution;
(b) The name and address of the vendor or donor of the trees;
(c) The name and address of the vendee or donee of the trees;
(d) The number of trees, by species, sold or transferred by the bill of sale; and
(e) The property from which the trees were taken.
(4) A United States department of agriculture and/or a state of Idaho marketing service grade inspection tag shall be acceptable as proof of ownership when such tags specify:
(a) The date of inspection;
(b) The name and address of the grower or producer; and
(c) The species and grade of the trees.
The foregoing provisions do not apply to:
(1) The transportation of trees in the course of transplantation, with their roots intact.
(2) The transportation of logs, poles, pilings or other forest products from which substantially all the limbs and branches have been removed.
(3) The transportation of coniferous trees by the owner of the land from which they were taken or his agent.
[I.C., sec. 18-4627, as added by 1972, ch. 336, sec. 1, p. 941.]
(a) It shall be unlawful and constitute a misdemeanor for any person, firm, company, or business to transport on the public highways of this state any load of forest products, including coniferous trees, Christmas trees, sawlogs, poles, cedar products, pulp logs, fuelwood, etc., without proof of ownership. Such proof of ownership shall consist of one or more of the following:
(1) A permit, contract, or other legal instrument issued by the landowner or proper state or federal agencies which shall specify:
(a) Date of execution;
(b) Name and address of permittee;
(c) Location or area by legal description where forest products were harvested;
(d) Estimated amount, volume, species, and class of forest products authorized to be cut and removed;
(e) Delivery or scaling point;
(f) Name and address of purchaser of forest products if different than permittee.
(2) A bill of sale showing title thereto, which shall specify:
(a) Date of execution;
(b) Name and address of the vendor or donor of the forest products;
(c) Name and address of the vendee or donee of the forest products;
(d) Number, volume, species, and class of forest products sold or transferred by the bill of sale;
(e) Property, legal description, from which the forest products were cut and removed.
(3) A log or product load receipt or ticket issued by the seller (and) is a contract or permit condition authorizing removal of forest products. After scaling, load receipts or tickets shall be acceptable as proof of ownership when such tickets or load receipts specify:
(a) Name of sale and purchaser;
(b) Date load removed;
(c) Name of truck driver;
(d) Sale contract/permit number;
(e) Number, volume, species and class of forest products covered by the load receipts or tickets.
(b) The foregoing provisions shall not apply to:
(1) Transportation of wood chips, sawdust and bark;
(2) Transportation of forest products by the owner of the land from which forest products were taken or his agent;
(3) Transportation of two (2) or less coniferous trees; or
(4) Transportation of trees in the course of transplantation with their roots intact.
[I.C., sec. 18-4628, as added by 1975, ch. 243, sec. 2, p. 653; am. 1978, ch. 252, sec. 1, p. 551.]
It is unlawful and a misdemeanor for any person, firm, company, or business to purchase any load of forest products, including coniferous trees, Christmas trees, sawlogs, poles, cedar products, pulp logs, fuelwood, etc., without proof of ownership as specified in subsection (a) of section 18-4628, Idaho Code, or to fail to retain a copy of that proof of ownership for a period of at least one (1) year from the date of purchase.
[18-4628A, added 1978, ch. 252, sec. 2, p. 552.]
Violation of the provisions of this section 18-4628, Idaho Code, shall constitute a misdemeanor and, upon conviction, be punishable by a fine of not to exceed one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six (6) months, or both.
[18-4629, added 1975, ch. 243, sec. 3, p. 653; am. 2006, ch. 71, sec. 16, p. 221; am. 2020, ch. 82, sec. 10, p. 185.]
It is unlawful for any person, firm, company, or business to use any of the following documents for fraudulent or illegal purposes:
(a) Log or product load receipt or ticket, permit, contract, or other instrument under the transportation of forest products act, sections 18-4627 through 18-4630, Idaho Code;
(b) Certificates of compliance under the Idaho forestry act, sections 38-101 through 38-133, Idaho Code;
(c) Certificate of notification under the Idaho forest practices act, sections 38-1301 through 38-1312, Idaho Code.
Any person, firm, company, or business which knowingly uses any of the above mentioned documents in a fraudulent or illegal manner is guilty of a felony.
[18-4630, added 1978, ch. 252, sec. 3, p. 552.]
(1) Every person who maliciously drives or places, in any tree, saw-log, shingle-bolt or other wood, any iron, steel, ceramic, or other substance sufficiently hard to injure saws, knowing that the tree is intended to be harvested or that the saw-log, shingle-bolt, or other wood is intended to be manufactured into any kind of lumber or other wood product, is guilty of a felony.
(2) Any person who violates the provisons of subsection (1) of this section and causes great bodily injury to another person other than an accomplice shall be sentenced to an extended term of imprisonment pursuant to section 19-2520B, Idaho Code.
[18-4631, added 1988, ch. 322, sec. 1, p. 982.]
Every person who fraudulently alters the draft of any bill or resolution which has been presented to either of the houses composing the legislature, to be passed or adopted, with intent to procure it to be passed or adopted by either house, or certified by the presiding officer of either house, in language different from that intended by such house, is guilty of felony.
[18-4701, added 1972, ch. 336, sec. 1, p. 942.]
Every person who fraudulently alters the enrolled copy of any bill or resolution which has been passed or adopted by the legislature with intent to procure it to be approved by the governor, or certified by the secretary of state, or printed or published by the printer of the statutes, in language different from that in which it was passed or adopted by the legislature, is guilty of felony.
[18-4702, added 1972, ch. 336, sec. 1, p. 942.]
Every person who gives or offers to give a bribe to any member of the legislature, or to another person for him, or attempts by menace, deceit, suppression of truth, or any corrupt means, to influence a member in giving or withholding his vote, or in not attending the house or any committee of which he is a member, is guilty of a felony.
[18-4703, added 1972, ch. 336, sec. 1, p. 943.]
Every member of either of the houses composing the legislature of this state who asks, receives or agrees to receive, any bribe, upon any understanding that his official vote, opinion, judgment or action shall be influenced thereby, or shall be given in any particular manner, or upon any particular side of any question or matter upon which he may be required to act in his official capacity, or gives, or offers, or promises to give, any official vote in consideration that another member of the legislature shall give any such vote either upon the same or another question, is guilty of a felony.
[18-4704, added 1972, ch. 336, sec. 1, p. 943.]
Every person who, being summoned to attend as witness before either house of the legislature or any committee thereof, refuses or neglects, without lawful excuse, to attend pursuant to such summons, and every person who, being present before either house of the legislature or any committee thereof, wilfully refuses to be sworn or to answer any material and proper question, or to produce, upon reasonable notice, any material and proper books, papers or documents in his possession or under his control, is guilty of a misdemeanor.
[18-4705, added 1972, ch. 336, sec. 1, p. 943.]
Every member of the legislature convicted of any crime defined in this chapter, in addition to the punishment prescribed, forfeits his office, and is forever disqualified from holding any office in this state.
[18-4706, added 1972, ch. 336, sec. 1, p. 943.]
A libel is a malicious defamation, expressed either by writing, printing, or by signs or pictures, or the like, tending to blacken the memory of one who is dead, or to impeach the honesty, integrity, virtue or reputation, or publish the natural or alleged defects, of one who is alive, and thereby to expose him to public hatred, contempt or ridicule.
[18-4801, added 1972, ch. 336, sec. 1, p. 944.]
Every person who wilfully, and with a malicious intent to injure another, publishes, or procures to be published, any libel, is punishable by fine not exceeding $5000, or imprisonment in the county jail not exceeding six (6) months.
[18-4802, added 1972, ch. 336, sec. 1, p. 944.]
In all criminal prosecutions for libel, the truth may be given in evidence to the jury, and if it appears to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted. The jury has the right to determine the law and the fact.
[18-4803, added 1972, ch. 336, sec. 1, p. 944.]
An injurious publication is presumed to have been malicious if no justifiable motive for making it is shown.
[18-4804, added 1972, ch. 336, sec. 1, p. 944.]
To sustain a charge of publishing a libel, it is not needful that the words or things complained of should have been read or seen by another. It is enough that the accused knowingly parted with the immediate custody of the libel under circumstances which exposed it to be read or seen by any other person than himself.
[18-4805, added 1972, ch. 336, sec. 1, p. 944.]
Each author, editor and proprietor of any book, newspaper or serial publication, is chargeable with the publication of any words contained in any part of such book, or number of such newspaper or serial.
[18-4806, added 1972, ch. 336, sec. 1, p. 944.]
No reporter, editor, or proprietor of any newspaper is liable to any prosecution for a fair and true report of any judicial, legislative, or other public official proceedings, or of any statement, speech, argument, or debate in the course of the same, except upon proof of malice in making such report, which shall not be implied from the mere fact of publication.
[18-4807, added 1972, ch. 336, sec. 1, p. 944.]
Libelous remarks or comments connected with matter privileged by the last section receive no privilege by reason of their being so connected.
[18-4808, added 1972, ch. 336, sec. 1, p. 945.]
Every person who threatens another to publish a libel concerning him, or any parent, husband, wife, or child of such person, or member of his family, and every person who offers to prevent the publication of any libel upon another person, with intent to extort any money or other valuable consideration from any person, is guilty of a misdemeanor.
[18-4809, added 1972, ch. 336, sec. 1, p. 945.]
A lottery is any scheme for the disposal or distribution of property by chance among persons who have paid or promised to pay any valuable consideration for the chance of obtaining such property, or a portion of it, or for any share or interest in such property, upon any agreement, understanding or expectation that it is to be distributed or disposed of by lot or chance, whether called a lottery, raffle, or gift enterprise, or by whatever name the same may be known. The pari-mutuel system used in racing shall not constitute a lottery, so long as it is conducted in conformity with the provisions of chapter 25, title 54, Idaho Code.
[I.C., sec. 18-4901, as added by 1972, ch. 336, sec. 1, p. 945; am. 1972, ch. 381, sec. 12, p. 1102; am. 1987, ch. 316, sec. 6, p. 664.]
Every person who contrives, prepares, sets up, proposes, or draws any lottery is guilty of a misdemeanor.
[18-4902, added 1972, ch. 336, sec. 1, p. 945.]
Every person who sells, gives, or in any manner whatever furnishes or transfers to or for any other person any ticket, chance, share or interest, or any paper, certificate or instrument, purporting, or understood to be, or to represent any ticket, chance, share or interest in, or depending upon the event of any lottery, is guilty of a misdemeanor.
[I.C., sec. 18-4903, as added by 1972, ch. 336, sec. 1, p. 945.]
Every person who aids or assists, either by printing, writing, publishing, or otherwise, in setting up, managing or drawing any lottery, or in selling or disposing of any ticket, chance, or share therein, or in advertising an illegal lottery, is guilty of a misdemeanor.
[18-4904, added 1972, ch. 336, sec. 1, p. 945; am. 2000, ch. 370, sec. 1, p. 1224.]
Every person who opens, sets up, or keeps by himself or any other person, any office or other place for the sale of, or for registering the number of any ticket in any lottery, or who, by printing, writing or otherwise, advertises or publishes the setting up, opening or using of any such office, is guilty of a misdemeanor.
[18-4905, added 1972, ch. 336, sec. 1, p. 945.]
Every person who insures or receives consideration for insuring for or against the drawing of any ticket in any lottery whatever, whether drawn, or to be drawn within this state or not, or who receives any valuable consideration upon any agreement to pay any sum, or deliver the same, or any other property, if any lottery ticket or number of any ticket in any lottery shall prove fortunate or unfortunate, or shall be drawn or not drawn, at any particular time, in any particular order, or who promises or agrees to pay any sum of money, or deliver any goods, things in action, or property, or forbear to do anything for the benefit of any person, with or without consideration, upon any event or contingency dependent on the drawing of any ticket in any lottery, or who publishes any notice or proposal of any of the purposes aforesaid, is guilty of a misdemeanor.
[18-4906, added 1972, ch. 336, sec. 1, p. 946.]
All moneys and property offered for sale or distribution in violation of any of the provisions of this chapter are forfeited to the state. And whenever any judge shall have knowledge or receive satisfactory information of the violation of any of the provisions of this chapter within his district or county, it shall be his duty forthwith to issue his warrant, directed to the sheriff or constable, to seize and bring before him such moneys and property offered for sale or distribution. And, upon the conviction of any person or persons for violation of any of the provisions of this chapter, any property so seized as provided in this section, shall be sold by the sheriff or constable at public auction and the proceeds thereof paid over to the county treasurer of said county for the county school fund.
[18-4907, added 1972, ch. 336, sec. 1, p. 946; am. 2012, ch. 20, sec. 4, p. 67.]
Every person who lets, or permits to be used, any building or vessel, or any portion thereof, knowing that it is to be used for setting up, managing or drawing any lottery, or for the purpose of selling or disposing of lottery tickets, is guilty of a misdemeanor.
[18-4908, added 1972, ch. 336, sec. 1, p. 946.]
The provisions of this chapter shall not apply to government land drawings, or to Carey act land drawings, or to the partitioning or division of real property and improvements thereon between joint owners or tenants in common by lot or any other method that such joint owners or tenants in common or their representative may agree upon. The provisions of this chapter shall not apply to advertising and promotional activities, whether or not conducted by mass media techniques, in which prizes may be awarded.
[18-4909, added 1972, ch. 336, sec. 1, p. 946; am. 1976, ch. 174, sec. 1, p. 636.]
Every person who unlawfully and maliciously deprives a human being of a member of his body, or disables, disfigures or renders it useless, or cuts out or disables the tongue, puts out an eye, slits the nose, ear or lip, is guilty of mayhem.
[18-5001, added 1972, ch. 336, sec. 1, p. 946.]
Mayhem is punishable by imprisonment in the state prison not exceeding fourteen years.
[18-5002, added 1972, ch. 336, sec. 1, p. 947.]
(1) Any person who wilfully ingests the flesh or blood of a human being is guilty of cannibalism.
(2) It shall be an affirmative defense to a violation of the provisions of this section that the action was taken under extreme life-threatening conditions as the only apparent means of survival.
(3) Cannibalism is punishable by imprisonment in the state prison not exceeding fourteen (14) years.
[18-5003, added 1990, ch. 210, sec. 2, p. 468.]
Every person who, having taken an oath that he will testify, declare, depose, or certify truly, before any competent tribunal, legislative committee, officer, or person in any of the cases in which such an oath may by law be administered, wilfully and contrary to such oath, states as true any material matter which he knows to be false, is guilty of perjury.
[18-5401, added 1972, ch. 336, sec. 1, p. 948; am. 1995, ch. 232, sec. 5, p. 789.]
The term "oath" as used in section 18-5401, Idaho Code, includes an affirmation, and every other mode authorized by law of attesting the truth of that which is stated, including a certification or declaration under penalty of perjury permitted by the law of this state, whether subscribed within or without this state.
[18-5402, added 1972, ch. 336, sec. 1, p. 948; am. 2013, ch. 259, sec. 2, p. 636.]
So much of an oath of office as relates to the future performance of official duties is not such an oath as is intended by the two (2) preceding sections.
[18-5403, added 1972, ch. 336, sec. 1, p. 948.]
It is no defense to a prosecution for perjury that the oath was administered or taken in an irregular manner.
[18-5404, added 1972, ch. 336, sec. 1, p. 949.]
It is no defense to a prosecution for perjury that the accused was not competent to give the testimony, deposition or certificate of which falsehood is alleged. It is sufficient that he did give such testimony or make such deposition or certificate.
[18-5405, added 1972, ch. 336, sec. 1, p. 949.]
It is no defense to a prosecution for perjury that the accused did not know the materiality of the false statement made by him; or that it did not, in fact, affect the proceeding in or for which it was made. It is sufficient that it was material, and might have been used to affect such proceeding.
[18-5406, added 1972, ch. 336, sec. 1, p. 949.]
The making of a deposition or certificate is deemed to be complete, within the provisions of this chapter, from the time when it is delivered by the accused to any other person, with the intent that it be uttered or published as true.
[18-5407, added 1972, ch. 336, sec. 1, p. 949.]
An unqualified statement of that which one does not know to be true is equivalent to a statement of that which one knows to be false.
[18-5408, added 1972, ch. 336, sec. 1, p. 949.]
Perjury is punishable by imprisonment in the state prison not less than one (1) or more than fourteen (14) years.
[18-5409, added 1972, ch. 336, sec. 1, p. 949.]
Every person who wilfully procures another person to commit perjury is guilty of subornation of perjury, and is punishable in the same manner as he would be if personally guilty of the perjury so procured.
[18-5410, added 1972, ch. 336, sec. 1, p. 949.]
Every person who, by wilful perjury or subornation of perjury procures the conviction and execution of any innocent person, is punishable by death.
[18-5411, added 1972, ch. 336, sec. 1, p. 949.]
The various sections of this code which declare that evidence obtained upon the examination of a person as a witness cannot be received against him in any criminal proceeding, do not forbid such evidence being proved against such person upon any proceedings founded upon a charge of perjury committed in such examination.
[18-5412, added 1994, ch. 167, sec. 2, p. 375.]
(1) A person is guilty of a misdemeanor if he knowingly gives or causes to be given false information to any law enforcement officer, any state or local government agency or personnel, or to any person licensed in this state to practice social work, psychology or counseling, concerning the commission of an offense, knowing that the offense did not occur or knowing that he has no information relating to the offense or danger.
(2) A person is guilty of a misdemeanor if he knowingly gives or causes to be given false information regarding his or another’s identity to any law enforcement officer investigating the commission of an offense.
[18-5413, added 1995, ch. 275, sec. 2, p. 924; am. 1998, ch. 425, sec. 1, p. 1342.]
A person is guilty of a misdemeanor if he willfully and intentionally gives or causes to be given false information to any court, court personnel, court clerk or any state or local government agency or personnel in the application or request for a domestic violence protective order pursuant to chapter 63, title 39, Idaho Code.
[18-5414, added 1996, ch. 173, sec. 1, p. 557.]
Any person who intentionally and willfully makes a report of child abuse, abandonment, or neglect to a law enforcement agency or the department of health and welfare knowing such report to be false shall be guilty of a misdemeanor.
[18-5415, added 2023, ch. 103, sec. 1, p. 307.]
Every person who wilfully mingles any poison with any food, drink or medicine, with intent that the same shall be taken by any human being, to his injury, and every person who wilfully poisons any spring, well, or reservoir of water, is punishable by imprisonment in the state prison for a term of not less than one (1) nor more than ten (10) years.
[18-5501, added 1972, ch. 336, sec. 1, p. 949.]
Denatured alcohol may be sold, given away, or transferred, in this state by any registered pharmacists, or other person. It shall be unlawful for any person to sell, give away, or transfer, denatured alcohol, preparations or compounds thereof, in any quantity, unless the container from which such denatured alcohol, preparation or compound thereof, is taken and the container in which it is delivered to the purchaser or transferee, has thereon printed in red ink the words "Denatured Alcohol," "Caution," "Poison," the name and address of the vendor or transferor, the percentage strength of grain alcohol in the contents of the container, the names of at least two readily obtainable antidotes, and the words "must not be used externally or internally," and the following caution as required by the United States government:
"Completely denatured alcohol is a violent poison. It can not be applied externally to human or animal tissue without seriously injurious results. It can not be taken internally without inducing blindness and general physical decay, ultimately resulting in death."
Provided nothing herein contained shall prohibit the transfer of denatured alcohol, preparation or compound thereof, direct from a container, labeled as above provided, to the radiator of any motor vehicle for anti-freeze purposes.
[18-5502, added 1972, ch. 336, sec. 1, p. 950.]
Any person or persons violating any of the provisions of this act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars ($500.00), or by imprisonment in the county jail not exceeding six months (6), or by both such fine and imprisonment.
[18-5503, added 1972, ch. 336, sec. 1, p. 950.]
As used in this chapter:
(1) "Benefits of such proceeds" includes but is not limited to any real or personal property obtained with or by use of proceeds as defined in this chapter; any debt, rent, or other financial obligation paid with proceeds as defined in this chapter; and any service obtained in exchange for proceeds as defined in this chapter.
(2) "Child" means a person under eighteen (18) years of age.
(3) "Commercial sexual activity" means the exchange, or the attempted exchange, of sexual contact for a fee.
(4) "Fee" means any money, service, item of real or personal property, contraband, or thing of value.
(5) "Intimate body parts" includes human genitals, pubic area, buttocks, or breasts.
(6) "Proceeds" means any money, services, item of real or personal property, contraband, or thing of value paid or exchanged for sexual contact.
(7) "Sexual contact" means any touching of the intimate body parts of another person for the purpose of arousing or gratifying the sexual desire of either party, including but not limited to sexual intercourse, oral-genital contact, manual-genital contact, genital-anal contact, oral-anal contact, and other physical-genital contact.
[18-5601, added 2024, ch. 147, sec. 3, p. 559.]
Any person who induces, compels, entices, or procures another person to engage in commercial sexual activity shall be guilty of a felony punishable by imprisonment for a period of no less than two (2) years and no more than twenty (20) years or by a fine of no less than one thousand dollars ($1,000) and no more than fifty thousand dollars ($50,000), or by both such fine and imprisonment.
[18-5602, added 1972, ch. 336, sec. 1, p. 951; am. 1981, ch. 324, sec. 2, p. 673; am. 1994, ch. 130, sec. 2, p. 292; am. 2024, ch. 147, sec. 4, p. 560.]
Any person who knowingly receives a fee to procure a third person to engage in commercial sexual activity shall be guilty of a felony punishable by imprisonment for a period of no less than two (2) years and no more than twenty (20) years or by a fine of no less than one thousand dollars ($1,000) and no more than fifty thousand dollars ($50,000), or by both such fine and imprisonment.
[18-5603, added 1972, ch. 336, sec. 1, p. 951; am. 1981, ch. 324, sec. 3, p. 673; am. 1994, ch. 130, sec. 3, p. 293; am. 2024, ch. 147, sec. 5, p. 560.]
Any person who pays another a fee to procure a third person to engage in commercial sexual activity shall be guilty of a felony punishable by imprisonment for no less than two (2) years and no more than twenty (20) years or by a fine of no less than one thousand dollars ($1,000) and no more than fifty thousand dollars ($50,000), or by both such fine and imprisonment.
[18-5604, added 1972, ch. 336, sec. 1, p. 951; am. 1981, ch. 324, sec. 4, p. 674; am. 1994, ch. 130, sec. 4, p. 293; am. 2024, ch. 147, sec. 6, p. 560.]
Anyone who holds, detains, or restrains or who attempts to hold, detain or restrain another person for the purpose of compelling such person to engage in commercial sexual activity shall be guilty of a felony punishable by imprisonment for no less than two (2) years and no more than twenty (20) years or by a fine of no less than one thousand dollars ($1,000) and no more than fifty thousand dollars ($50,000), or by both such fine and imprisonment.
[18-5605, added 1972, ch. 336, sec. 1, p. 952; am. 1981, ch. 324, sec. 5, p. 674; am. 1994, ch. 130, sec. 5, p. 294; am. 2024, ch. 147, sec. 7, p. 560.]
(1) Any person who knowingly receives or accepts any proceeds, or the benefits of such proceeds, derived from another person engaging in sexual contact shall be guilty of a felony punishable by imprisonment for a period of not more than twenty (20) years or by a fine of not more than fifty thousand dollars ($50,000), or by both such fine and imprisonment.
(2) The person who provides sexual contact in exchange for proceeds, as set forth in subsection (1) of this section, and such person’s minor children or legal dependents incapable of self-support shall not be criminally liable pursuant to this section.
[18-5606, added 2023, ch. 311, sec. 3, p. 950; am. 2024, ch. 147, sec. 8, p. 561.]
Any person who imports a person or persons into this state, or who exports a person or persons from this state, for the purpose of commercial sexual activity, or any person who induces, entices, or procures such activity, shall be guilty of a felony punishable by imprisonment for a period of no less than two (2) years and no more than twenty (20) years, or by a fine of no less than one thousand dollars ($1,000), and no more than fifty thousand dollars ($50,000), or by both such fine and imprisonment.
[18-5607, added 2024, ch. 147, sec. 9, p. 561.]
Any person maintaining, controlling or supporting a place where commercial sexual activity is carried on by one (1) or more persons under the control, management, or supervision of another shall be guilty of a felony punishable by imprisonment for no less than two (2) years and no more than twenty (20) years or by a fine of no less than one thousand dollars ($1,000) and no more than fifty thousand dollars ($50,000), or by both such fine and imprisonment.
[18-5608, added 1972, ch. 336, sec. 1, p. 952; am. 1981, ch. 324, sec. 8, p. 675; am. 1994, ch. 130, sec. 8, p. 294; am. 2024, ch. 147, sec. 10, p. 561.]
Every person who induces or attempts to induce a child to engage in commercial sexual activity shall be guilty of a felony punishable by imprisonment in the state penitentiary for a period of not less than two (2) years, which may be extended to life imprisonment, or by a fine not exceeding fifty thousand dollars ($50,000), or by both such fine and imprisonment.
[18-5609, added 1972, ch. 336, sec. 1, p. 953; am. 1981, ch. 324, sec. 9, p. 675; am. 1994, ch. 130, sec. 9, p. 295; am. 2024, ch. 147, sec. 11, p. 562.]
Every person who engages in commercial sexual activity with a child shall be guilty of a felony punishable by imprisonment in the state penitentiary for a period of not less than two (2) years, which may be extended to life imprisonment, or by a fine not exceeding fifty thousand dollars ($50,000), or by both such imprisonment and fine.
[18-5610, added 2013, ch. 240, sec. 1, p. 566; am. 2024, ch. 147, sec. 12, p. 562.]
Any person who induces or attempts to induce a child to patronize a third person in commercial sexual activity shall be guilty of a felony.
[18-5611, added 1972, ch. 336, sec. 1, p. 953; am. 1994, ch. 130, sec. 11, p. 295; am. 2024, ch. 147, sec. 13, p. 562.]
(1) Any person who is found guilty of, who enters a plea of guilty or who is convicted of a violation of section 18-5602, 18-5603, 18-5604, 18-5605, 18-5606, 18-5608, 18-5609, 18-5610, 18-5611, 18-5613, or 18-5614, Idaho Code, no matter the form of the judgment or order withholding judgment, shall forfeit to the state of Idaho:
(a) Any property constituting, or derived from, any proceeds the person obtained directly or indirectly as the result of such violation; and
(b) Any of the person’s property used, or intended to be used, in any manner or part to commit or to facilitate the commission of such violation.
(2) The court, in imposing sentence on such person as described in subsection (1) of this section, shall order, in addition to any other sentence imposed, that the person forfeit to the state of Idaho all property described in this section. The provisions of this chapter shall not be construed in any manner to prevent the state of Idaho, the attorney general or the appropriate prosecuting attorney from requesting restitution pursuant to section 19-5304, Idaho Code. The issue of criminal forfeiture shall be for the court alone, without submission to a jury, as a part of the sentencing procedure within the criminal action.
[18-5612, added 2013, ch. 240, sec. 2, p. 567; am. 2024, ch. 147, sec. 14, p. 562.]
(1) A person is guilty of providing commercial sexual activity when such person:
(a) Engages in, offers to engage in, or agrees to engage in sexual contact in return for a fee; or
(b) Loiters in or within view of any public place for the purpose of being hired to engage in sexual contact.
(2) Providing commercial sexual activity shall be a misdemeanor, provided, however, that on a third or subsequent conviction for commercial sexual activity, it shall be a felony. For purposes of this subsection, a prior conviction for prostitution counts as a conviction for providing commercial sexual activity.
(3) It shall be an affirmative defense to providing commercial sexual activity that the defendant was at the time of the alleged crime the victim of conduct prohibited by section 18-8607, Idaho Code.
(4) Notwithstanding the provisions of subsections (1) and (2) of this section, the provisions of this section do not apply to a child who is alleged to have engaged in conduct that would, if committed by an adult, violate the provisions of this section. A commercially sexually exploited child under this subsection may be taken into shelter care by a peace officer pursuant to section 16-1608, Idaho Code, if the conditions allowing emergency removal are met.
[18-5613, added 2024, ch. 147, sec. 16, p. 563.]
(1) A person is guilty of soliciting commercial sexual activity when he or she:
(a) Pays, offers, or agrees to pay another person a fee for the purpose of engaging in sexual contact; or
(b) Offers a third person to engage in, or agrees to provide a third person to engage in, sexual contact in return for a fee.
(2) Soliciting commercial sexual activity shall be a misdemeanor, provided that a second or subsequent conviction therefor shall be a felony. Any person convicted of a misdemeanor violation of this section shall be sentenced to a minimum period of confinement of five (5) days in jail and may be sentenced to up to one (1) year in jail or fined up to two thousand dollars ($2,000), or both. The minimum period of confinement shall be served in a county jail, and a court shall not have the power to suspend, withhold, retain jurisdiction over, or commute the minimum period of confinement imposed pursuant to this section.
[18-5614, added 1977, ch. 175, sec. 3, p. 451; am. 1994, ch. 130, sec. 13, p. 295; am. 2024, ch. 147, sec. 17, p. 563.]
Property subject to criminal forfeiture under this chapter includes:
(1) "Real property" including things growing on, affixed to or found on the land; and
(2) "Tangible and intangible personal property" including rights, privileges, interests, claims and securities.
[18-5618, added 2013, ch. 249, sec. 1, p. 601.]
Any peace officer of this state seizing property subject to forfeiture under the provisions of this chapter shall cause a written inventory to be made and shall maintain custody of the same until all legal actions have been exhausted. A copy of the inventory shall be sent, within five (5) days of the seizure, to the director of the Idaho state police. Upon completion of the forfeiture action, pursuant to this chapter, a final inventory shall be made that indicates the disposition of the seized property, and a copy of that inventory shall also be sent to the director of the Idaho state police.
[18-5619, added 2013, ch. 249, sec. 2, p. 601.]
(1) Property subject to criminal forfeiture under the provisions of this chapter shall not be ordered forfeited unless the attorney general or the appropriate prosecuting attorney has filed a separate allegation within the criminal proceeding seeking forfeiture of specific property as described in section 18-5612, Idaho Code. The attorney general or appropriate prosecuting attorney shall file, within fourteen (14) days of the filing of the criminal information or indictment, a separate part II forfeiture request and notice with the trial court.
(2) There is a rebuttable presumption that any property of a person subject to the provisions of section 18-5612, Idaho Code, is subject to forfeiture under this chapter if the state of Idaho establishes by a preponderance of the evidence that:
(a) The property was acquired by a person during the period of the violation of any section of this chapter for which criminal forfeiture may be ordered, pursuant to section 18-5612, Idaho Code, or within a reasonable time after such violation; and
(b) There was no likely source for such property other than the violation of any section of this chapter for which criminal forfeiture may be ordered, pursuant to section 18-5612, Idaho Code.
[18-5620, added 2013, ch. 249, sec. 3, p. 602; am. 2024, ch. 147, sec. 18, p. 564.]
(1) Upon application of the state of Idaho, the court may enter a restraining order or injunction, require the execution of a satisfactory performance bond or take any other action to preserve the availability of property described in section 18-5612, Idaho Code, for forfeiture under the provisions of this chapter upon the filing of an indictment or information charging a violation of any section of this chapter for which criminal forfeiture may be ordered, pursuant to section 18-5612, Idaho Code, and alleging that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under this chapter.
(2) The state may request the issuance of a warrant authorizing the seizure of property subject to forfeiture under this chapter in the same manner as provided for a search warrant. If the court determines that there is probable cause to believe that the property to be seized would, in the event of conviction, be subject to forfeiture and that an order under subsection (1) of this section may not be sufficient to assure the availability of the property for forfeiture, the court shall issue a warrant authorizing the seizure of such property by the appropriate law enforcement agency upon such terms and conditions as the court shall deem proper.
(3) The court may, upon application of the state of Idaho, enter such appropriate restraining orders or injunctions, require the execution of satisfactory performance bonds, appoint receivers, conservators, appraisers, accountants or trustees, or take any other action to protect the interest of the state of Idaho in the property subject to forfeiture. Any income accruing to or derived from property subject to forfeiture under this chapter may be used to offset ordinary and necessary expenses to the property that are required by law or that are necessary to protect the interests of the state of Idaho or third parties.
[18-5621, added 2013, ch. 249, sec. 4, p. 602; am. 2024, ch. 147, sec. 19, p. 564.]
Upon the filing of a part II forfeiture request pursuant to section 18-5620, Idaho Code, or in the event of seizure pursuant to a warrant of seizure, or upon entry of an order of forfeiture pursuant to section 18-5612, Idaho Code, the attorney general or appropriate prosecuting attorney shall, if appropriate, institute proceedings pursuant to section 18-5623 or 18-5624, Idaho Code, or both, within five (5) days of such event.
[18-5622, added 2013, ch. 249, sec. 5, p. 603.]
(1) Within five (5) days of any of the events specified in section 18-5622, Idaho Code, notice, including a copy of the request for forfeiture, shall be given to each co-owner or party in interest who has or claims any right, title or interest in any such personal property according to one (1) of the following methods:
(a) Upon each co-owner of or party in interest in a titled motor vehicle, aircraft or other conveyance, by mailing notice by certified mail to the address of each co-owner and party in interest as given upon the records of the appropriate department of state or federal government where records relating to such conveyances are maintained;
(b) Upon each secured party and assignee designated as such in any UCC-1 financing statement on file in an appropriate filing office covering any personal property sought to be forfeited, by mailing notice by certified mail to the secured party and the assignee, if any, at their respective addresses as shown on such financing statement; or
(c) Upon each co-owner or party in interest whose name and address is known, by mailing notice by registered mail to the last known address of such person.
(2) Within twenty (20) days after the mailing of the notice, the co-owner or party in interest may file a verified answer and claim to the property described in the notice.
(3) If a verified answer is filed within twenty (20) days after mailing of the notice, the forfeiture proceeding against all co-owners and parties in interest who have filed verified answers shall be set for hearing before the court without a jury on a day not less than sixty (60) days after the mailing of the notice; and the proceeding shall have priority over other civil cases.
(a) At the hearing, any co-owner or party in interest who has a verified answer on file may show by competent evidence that his interest in the titled motor vehicle, aircraft or other conveyance is not subject to forfeiture because he could not have known in the exercise of reasonable diligence that the titled motor vehicle, aircraft or other conveyance was being used, had been used or was intended to be used for the purposes described in section 18-5612, Idaho Code.
(b) A co-owner or claimant of any right, title or interest in the property may prove that his right, title or interest, whether under a lien, mortgage, security agreement, conditional sales contract or otherwise, was created without any knowledge or reason to believe that the property was being used, had been used or was intended to be used for the purpose alleged.
(i) In the event of such proof, the court shall order that portion of the property or interest released to the bona fide or innocent co-owner, purchaser, lienholder, mortgagee, secured party or conditional sales vendor.
(ii) If the amount due to such person is less than the value of the property, the property may be sold at public auction or in another commercially reasonable method by the attorney general or appropriate prosecuting attorney. If sold at public auction, the attorney general or appropriate prosecuting attorney shall publish a notice of the sale by at least one (1) publication in a newspaper published and circulated in the city, community or locality where the sale is to take place at least one (1) week prior to sale of the property. The proceeds from such sale shall be distributed as follows in the order indicated:
To the bona fide or innocent co-owner, purchaser, conditional sales vendor, lienholder, mortgagee or secured party of the property, if any, up to the value of his interest in the property;
The balance, if any, in the following order:
(A) To the attorney general or appropriate prosecuting attorney for all expenditures made or incurred in connection with the sale, including expenditure for any necessary repairs, storage or transportation of the property, and for all expenditures made or incurred by him in connection with the forfeiture proceedings including, but not limited to, expenditures for witnesses’ fees, reporters’ fees, transcripts, printing, traveling and investigation.
(B) To the law enforcement agency of this state that seized the property for all expenditures for traveling, investigation, storage and other expenses made or incurred after the seizure and in connection with the forfeiture of any property seized under the provisions of this chapter.
(C) The remainder, if any, to the crime victims compensation account as established in section 72-1009, Idaho Code.
(4) Notwithstanding any other provision of this section, upon being satisfied that the interest of a co-owner or claimant should not be subject to forfeiture because they neither knew nor should have known that the personal property was being used or had been used for the purposes alleged, or that due to preexisting security interests in such property there is no equity that may be forfeited, the attorney general or appropriate prosecuting attorney may release the property to the co-owner, holder of the security interest or other claimant.
(5) In any case, the attorney general or appropriate prosecuting attorney may, within thirty (30) days after order of forfeiture, pay the balance due to the bona fide lienholder, mortgagee, secured party or conditional sales vendor and thereby purchase the property for use to enforce this chapter.
[18-5623, added 2013, ch. 249, sec. 6, p. 603; am. 2014, ch. 97, sec. 2, p. 266.]
(1) Real property subject to forfeiture under the provisions of this chapter may be seized by the attorney general or appropriate prosecuting attorney upon determining that a parcel of property is subject to forfeiture, by filing a notice of seizure with the recorder of the county in which the property or any part thereof is situated. The notice must contain a legal description of the property sought to be forfeited; provided however, that in the event the property sought to be forfeited is part of a greater parcel, the attorney general or appropriate prosecuting attorney may, for the purposes of this notice, use the legal description of the greater parcel. The attorney general or appropriate prosecuting attorney shall also send by certified mail a copy of the notice of seizure to any persons holding a recorded interest or of whose interest the attorney general or appropriate prosecuting attorney has actual knowledge. The attorney general or appropriate prosecuting attorney shall post a similar copy of the notice conspicuously upon the property and publish a copy thereof once a week for three (3) consecutive weeks immediately following the seizure in a newspaper published in the county. The co-owner or party in lawful possession of the property sought to be forfeited may retain possession and use thereof and may collect and keep income from the property while the forfeiture proceedings are pending.
(2) In the event of a seizure pursuant to subsection (1) of this section, a request for forfeiture shall be filed with the trial court within the time limit imposed by section 18-5620, Idaho Code. The request shall be served in the same manner as complaints subject to Idaho rules of civil procedure on all persons having an interest in the real property sought to be forfeited.
(3) Notwithstanding any other provision of this section, upon being satisfied that the interest of a co-owner or claimant should not be subject to forfeiture because they neither knew nor should have known that the real property was being used or had been used for the purposes alleged, or that due to preexisting security interests in such property there is no equity that may be forfeited, the attorney general or appropriate prosecuting attorney may release the property to the co-owner, holder of the security interest or other claimant.
(4) Within twenty (20) days of the mailing of the notice, the co-owner or party in interest may file a verified answer and claim to the property described in the notice.
(5) If a verified answer is filed within twenty (20) days after mailing of the notice, the forfeiture proceeding against all co-owners and parties in interest who have filed verified answers shall be set for hearing before the court without a jury on a day not less than sixty (60) days after the mailing of the notice; and the proceeding shall have priority over other civil cases.
(a) A co-owner or claimant of any right, title or interest in the real property sought to be forfeited may prove that his right, title or interest, whether under a lien, mortgage, deed of trust or otherwise, was created without any knowledge or reason to believe that the real property was being used or had been used for the purposes alleged;
(b) Any co-owner who has a verified answer on file may show by competent evidence that his interest in the property sought to be forfeited is not subject to forfeiture because he could not have known in the exercise of reasonable diligence that the real property was being used or had been used in any manner in violation of the provisions of section 18-5612, Idaho Code.
(6) In the event of such proof, the court shall order the release of the interest of the co-owner, purchaser, lienholder, mortgagee or beneficiary.
(a) If the amount due to such person is less than the value of the real property, the real property may be sold in a commercially reasonable manner by the attorney general or appropriate prosecuting attorney. The proceeds from such sale shall be distributed as follows in the order indicated:
(i) To the innocent co-owner, purchaser, mortgagee or beneficiary of the real property, if any, up to the value of his interest in the real property;
(ii) The balance, if any, in the following order:
To the attorney general or appropriate prosecuting attorney for all expenditures made or incurred in connection with the sale, including expenditure for any necessary repairs or maintenance of the real property, and for all expenditures made or incurred in connection with the forfeiture proceedings including, but not limited to, expenditures for witnesses’ fees, reporters’ fees, transcripts, printing, travel, investigation, title company fees and insurance premiums.
The remainder, if any, to the crime victims compensation account as established in section 72-1009, Idaho Code.
(b) In any case, the attorney general or appropriate prosecuting attorney may, within thirty (30) days after the order of forfeiture, pay the balance due to the innocent co-owner, purchaser, lienholder, mortgagee or beneficiary and thereby purchase the real property for use in the enforcement of this chapter.
[18-5624, added 2013, ch. 249, sec. 7, p. 605; am. 2014, ch. 97, sec. 3, p. 267.]
In issuing any order under the provisions of this chapter, the court shall make a determination that the property, or a portion thereof in the case of real property, was actually used in violation of the relevant provisions of this chapter. The size of the property forfeited shall not be unfairly disproportionate to the size of the property actually used in violation of the provisions of this chapter.
[18-5625, added 2013, ch. 249, sec. 8, p. 606.]
With respect to property ordered forfeited under the provisions of this chapter, the attorney general or appropriate prosecuting attorney is authorized to:
(1) Restore forfeited property to victims of a violation of relevant provisions of this chapter, or take any other action to protect the rights of innocent persons that is in the interest of justice and that is not inconsistent with the provisions of this chapter;
(2) Compromise claims arising under this chapter;
(3) Award compensation to persons providing information resulting in a forfeiture under this chapter; and
(4) Take appropriate measures necessary to safeguard and maintain property ordered forfeited under this chapter pending its disposition.
[18-5626, added 2013, ch. 249, sec. 9, p. 606.]
Except as provided in sections 18-5623 and 18-5624, Idaho Code, no party claiming an interest in property subject to forfeiture under this section may:
(1) Intervene in a trial or appeal of a criminal case involving the forfeiture of such property under the provisions of this chapter; or
(2) Commence an action at law or equity against the state of Idaho concerning the validity of his alleged interest in the property subsequent to the filing of an indictment or information alleging that the property is subject to forfeiture under this chapter.
[18-5627, added 2013, ch. 249, sec. 10, p. 607.]
The district courts of the state of Idaho shall have jurisdiction over:
(1) Property for which forfeiture is sought that is within the state at the time the action is filed; or
(2) The interest of a co-owner or interest holder in the property if the co-owner or interest holder is subject to personal jurisdiction in this state.
In order to facilitate the identification and location of property declared forfeited after the entry of an order declaring property forfeited to the state of Idaho, the court may, upon application of the state of Idaho, order that the testimony of any witness relating to the property forfeited be taken by deposition and that any designated book, paper, document, record, recording or other material not privileged be produced at the same time and place, in the same manner as provided for the taking of depositions under rule 27 of the Idaho rules of civil procedure.
[18-5628, added 2013, ch. 249, sec. 11, p. 607.]
On the motion of a party and after notice to any persons who are known to have an interest in the property and an opportunity to be heard, the court may order property that has been seized for forfeiture sold, leased, rented or operated to satisfy an interest of any interest holder who has timely filed a proper claim or to preserve the interests of any party. The court may order a sale or any other disposition of the property if the property may perish, waste, be foreclosed on or otherwise be significantly reduced in value or if the expenses of maintaining the property are or will become greater than its fair market value. If the court orders a sale, the court shall designate a third party or state property manager to dispose of the property by public sale or other commercially reasonable method and shall distribute the proceeds in the following order of priority:
(1) Payment of reasonable expenses incurred in connection with the sale.
(2) Satisfaction of exempt interests in the order of their priority.
(3) Preservation of the balance, if any, in the actual or constructive custody of the court in an interest-bearing account, subject to further proceedings under the provisions of this chapter. When property is forfeited under this chapter, the attorney general or appropriate prosecuting attorney may:
(a) Retain it for official use; and/or
(b) Sell that which is not required to be destroyed by law and which is not harmful to the public, pursuant to section 18-5623 or 18-5624, Idaho Code.
[18-5629, added 2013, ch. 249, sec. 12, p. 607.]
If any of the property described in section 18-5612, Idaho Code, as a result of any act or omission of the defendant:
(1) Cannot be located upon the exercise of due diligence;
(2) Has been transferred or sold to, or deposited with, a third party;
(3) Has been placed beyond the jurisdiction of the court;
(4) Has been substantially diminished in value; or
(5) Has been commingled with other property that cannot be divided without difficulty;
the court shall order the forfeiture of any other property of the defendant up to the value of any property described in section 18-5612, Idaho Code.
[18-5630, added 2013, ch. 249, sec. 13, p. 608.]
The provisions of this chapter shall be liberally construed to effectuate its remedial purposes.
[18-5631, added 2013, ch. 249, sec. 14, p. 608.]
No public officer or public employee shall:
(1) Without authority of law, appropriate public moneys or any portion thereof to his own use, or to the use of another; or
(2) Loan public moneys or any portion thereof; or, having the possession or control of any public moneys, make a profit, directly or indirectly out of public moneys, or use public moneys for any purpose not authorized by law; or
(3) Fail to keep public moneys in his possession until disbursed or paid out by authority of law when legally required to do so; or
(4) Deposit public moneys or any portion thereof in any bank, or with any banker or other person, otherwise than on special deposit, or as otherwise authorized by law; or
(5) Change or convert public moneys or any portion thereof from coin into currency, or from currency into coin or other currency, without authority of law; or
(6) Knowingly keep any false account, or make any false entry or erasure in any account of or relating to public moneys; or fraudulently alter, falsify, conceal, destroy or obliterate any such account; or
(7) Willfully refuse or omit to pay over, on demand, any public moneys in his hands, upon the presentation of a draft, order or warrant drawn upon such public moneys by competent authority; or
(8) Willfully omit to transfer public moneys when such transfer is required by law; or
(9) Willfully omit or refuse to pay over to any public officer, employee or person authorized by law to receive the same, any public moneys received by him under any duty imposed by law so to pay over the same; or
(10) Knowingly use any public moneys, or financial transaction card, financial transaction card account number or credit account issued to or for the benefit of any governmental entity to make any purchase, loan, guarantee or advance of moneys for any personal purpose or for any purpose other than for the use or benefit of the governmental entity.
[18-5701, added 1972, ch. 336, sec. 1, p. 953; am. 2006, ch. 156, sec. 1, p. 471; am. 2008, ch. 56, sec. 1, p. 143.]
(1) Any public employee who is not charged with the receipt, safekeeping or disbursement of public moneys and who misuses public moneys in violation of section 18-5701, Idaho Code, is guilty of 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, if the amount of public moneys misused is less than three hundred dollars ($300).
(2) Any public officer or public employee charged with the receipt, safekeeping or disbursement of public moneys, who misuses public moneys in violation of section 18-5701, Idaho Code, is guilty of a felony punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in the state prison for not more than five (5) years, or by both, if the amount of public moneys misused is less than three hundred dollars ($300).
(3) Except as otherwise provided in subsections (1) and (2) of this section, any public officer or public employee who misuses public moneys in violation of section 18-5701, Idaho Code, is guilty of a felony punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the state prison for not less than one (1) year nor more than fourteen (14) years, or by both.
(4) (a) When any series of violations of section 18-5701, Idaho Code, comprised of separate incidents of misuse of public moneys in amounts less than three hundred dollars ($300) are part of a common scheme or plan, the incidents may be aggregated in one (1) count and the sum of the value of all of the incidents shall be the value considered in determining whether the amount exceeds three hundred dollars ($300).
(b) Any public officer or public employee who pleads guilty to or is found guilty of a violation of section 18-5701, Idaho Code, more than one (1) time, irrespective of the form of the judgment(s) or withheld judgment(s), and who would otherwise be subject to a lesser punishment under subsection (1) or (2) of this section is guilty of a felony punishable as provided in subsection (3) of this section.
(5) In addition to any penalty imposed in this section, any public officer or public employee who pleads guilty to or is found guilty of a violation of section 18-5701, Idaho Code, irrespective of the form of the judgment(s) or withheld judgment(s) shall:
(a) Be terminated for cause from the public office or employment subject to any procedures applicable to such termination; and
(b) Make restitution of any public moneys misused, and any profits made therefrom, as ordered by the court; and
(c) Notwithstanding section 18-310, Idaho Code, and except as otherwise provided by law, be disqualified from holding any position as a public officer or public employee if such position is charged with the receipt, safekeeping or disbursement of public moneys; and
(d) In the discretion of the court, and unless otherwise prohibited by law, be ordered to apply for distribution of any retirement moneys held by any entity on behalf of the person, in order that such moneys shall be used to make restitution to the public entity or its insurer, unless other funds are otherwise available.
[18-5702, added 1972, ch. 336, sec. 1, p. 954; am. 2008, ch. 56, sec. 2, p. 144; am. 2008, ch. 238, sec. 1, p. 718.]
As used in this chapter:
(1) "Financial transaction card" means:
(a) 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 cardholder 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 cardholder 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
(b) Any instrument or device used in providing the cardholder 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.
(2) "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.
(3) "Governmental entity" means:
(a) The state of Idaho, including all branches, departments, divisions, agencies, boards, commissions and other governmental bodies of the state; and
(b) Counties, cities, districts and all other political subdivisions of the state of Idaho.
(4) "Public employee" means any person who is not a public officer and is employed by a governmental entity.
(5) "Public moneys" includes all bonds and evidences of indebtedness, fees, fines, forfeitures, and all other moneys belonging to or in the charge of a governmental entity or held by a public officer or public employee in his official capacity, and all financial transaction cards, financial transaction card account numbers and credit accounts issued to or for the benefit of the governmental entity.
(6) "Public officer" means any person holding public office of a governmental entity:
(a) As an elected official, by virtue of an election process, including persons appointed to a vacant elected office; or
(b) As an appointed official by virtue of a formal appointment as required by law.
[18-5703, added 1972, ch. 336, sec. 1, p. 954; am. 2006, ch. 156, sec. 2, p. 472; am. 2008, ch. 56, sec. 3, p. 145.]
No person shall prohibit the use of a life jacket or other flotation device in a swimming pool by an individual who, as evidenced by a statement signed by a licensed physician, suffers from a physical disability or condition which necessitates the use of the life jacket or other flotation device. Any person violating the provisions of this section shall be guilty of a misdemeanor.
[18-5801, added 1987, ch. 37, sec. 1, p. 60.]
Every person who puts the carcass of any dead animal, or the offal of any slaughter pen, corral or butcher shop, into any river, creek, pond, street, alley, public highway or road in common use, or who attempts to destroy the same by fire within one-fourth (1/4) of a mile of any city, town or village, is guilty of a misdemeanor.
[18-5803, added 1972, ch. 336, sec. 1, p. 955.]
Every person who slaughters, offers or exposes for sale to the public any animal or animals that have been confined for forty-eight (48) hours or more without proper food, or twenty (20) hours without water, is guilty of a misdemeanor.
[18-5804, added 1972, ch. 336, sec. 1, p. 955.]
Any person who shall knowingly leave the carcass of any animal within a quarter of a mile of any inhabited dwelling, or on, along or within a quarter of a mile of any public highway or stream of water, for a longer period than twenty-four hours, without burying the same, and by such exposure or burial within 200 feet of any stream, canal, ditch, flume, or other irrigation works shall pollute or contaminate, so as to render unfit for domestic use, any natural stream of water, or the water in any canal, ditch, flume, or other irrigation works, used by others for domestic purposes, shall be guilty of a misdemeanor, and upon conviction shall be fined any sum not to exceed $100.00.
[18-5807, added 1972, ch. 336, sec. 1, p. 846.]
If the owner of a mischievous animal, knowing its propensities, wilfully suffers it to go at large, or keeps it without ordinary care, and such animal, while so at large, or while not kept with ordinary care, kills any human being who has taken all the precautions which circumstances permitted, or which a reasonable person would ordinarily take in the same situation, is guilty of a felony.
[I.C., sec. 18-5808, as added by 1972, ch. 336, sec. 1, p. 956.]
No person, except those wholly or partially blind, shall carry or use on any street, highway, or in any other public place a cane or walking stick which is white in color, or white tipped with red.
[18-5810, added 1972, ch. 336, sec. 1, p. 956.]
(1) Any person, whether a pedestrian, operating a vehicle or otherwise, who approaches an individual appearing to be an individual with a disability or lawfully using an assistance device or a service dog, and who:
(a) Intentionally fails to stop, change course, speak, or take such other action as is necessary to avoid any accident or injury to the individual with a disability, the assistance device, or the service dog is guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding six (6) months, or by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000), or by both.
(b) Intentionally startles or frightens such person’s service dog is guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding six (6) months, or by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000), or by both.
(2) Any person who, without justification, intentionally interferes with the use of a service dog or an assistance device by obstructing, battering, or intimidating the user or the service dog is guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six (6) months, or by a fine of not less than fifty dollars ($50.00) nor more than one thousand five hundred dollars ($1,500), or by both.
[18-5811, added 1997, ch. 267, sec. 2, p. 764; am. 2019, ch. 213, sec. 1, p. 645.]
Any person, not being an individual with a disability or being trained to assist individuals with disabilities, who uses an assistance device, an assistance animal, or a service dog in an attempt to gain treatment or benefits as an individual with a disability is guilty of a misdemeanor.
[18-5811A, added 1997, ch. 267, sec. 3, p. 765; am. 2019, ch. 213, sec. 2, p. 645.]
(1) Any person who:
(a) Permits any animal that is owned, harbored, or controlled by him to cause injury to or the death of any assistance animal, service dog, or dog-in-training is guilty of a misdemeanor.
(b) Intentionally causes injury to or the death of any assistance animal, service dog, or dog-in-training is guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding one (1) year, or by a fine not exceeding five thousand dollars ($5,000), or by both.
(2) In addition to any other criminal or civil penalties provided for violation of this section, any person convicted under this section, regardless of the form of judgment, shall be ordered to make full restitution to the owner or custodian of such dog for all veterinary bills, replacement, and other costs resulting from the injury or death of the dog.
[18-5812, added 1997, ch. 267, sec. 5, p. 765; am. 2019, ch. 213, sec. 3, p. 645.]
(1) An individual with a disability shall not be denied the use of any common carrier or public transportation facility or admittance to any hotel, motel, cafe, elevator, housing for sale or rent, or any other place of public accommodation within the state of Idaho by reason of his being accompanied by a service dog. An individual with a disability shall be entitled to have a service dog with him in such places and while using such facilities without being required to pay any additional charges for his service dog, but shall be liable for any damage caused by his service dog.
(2) Any person, firm, association, or corporation or agent of any person, firm, association, or corporation intentionally violating the provisions of this section shall be guilty of a misdemeanor.
[18-5812A, added 1972, ch. 336, sec. 1, p. 956; am. 1984, ch. 147, sec. 3, p. 343; am. 1992, ch. 58, sec. 3, p. 169; am. 1997, ch. 267, sec. 6, p. 765; am. 2019, ch. 213, sec. 4, p. 646.]
(1) A person shall not be denied the use of any common carrier or public transportation facility or admittance to any hotel, motel, cafe, elevator, or any other place of public accommodation within the state of Idaho by reason of being accompanied by a dog-in-training. Such dog-in-training shall be properly leashed so that the person may maintain control of the dog.
(2) Access to public places for dogs-in-training may be temporarily denied if the dog is poorly groomed so as to create a health hazard or the person accompanying the dog cannot maintain control of the dog.
(3) The school or organization responsible for the dog-in-training shall be liable for any damages or injuries caused by the dog, and any third-party owner, lessor, or manager of the public property shall in no way suffer liability for damages or injuries caused by the dog-in-training.
(4) The dog-in-training shall be visually identified as a dog-in-training as provided in section 56-701A, Idaho Code.
[18-5812B, added 1983, ch. 75, sec. 1, p. 162; am. 1992, ch. 58, sec. 4, p. 170; am. 1994, ch. 159, sec. 1, p. 360; am. 1997, ch. 267, sec. 7, p. 766; am. 2019, ch. 213, sec. 5, p. 646.]
It shall be unlawful for any person or persons to abandon, or to permit to remain in an abandoned state on his premises or on premises over which he exercises control, within the state of Idaho, any ice box, refrigerator, deep freeze, or similar appliance having a door which fastens automatically and which cannot be opened from the inside, without having first removed the lock or the hinges by which said door is attached to the body of the appliance.
[I.C., sec. 18-5816, as added by 1972, ch. 336, sec. 1, p. 958.]
"Abandon" means leaving unattended and uninclosed such appliance, in such manner and for such time that playing children may be attracted thereto, whether left upon the premises of the owner of the appliance or upon other premises.
[I.C., sec. 18-5817, as added by 1972, ch. 336, sec. 1, p. 958.]
Any violation of this act shall constitute a misdemeanor.
[I.C., sec. 18-5818, as added by 1972, ch. 336, sec. 1, p. 958.]
Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, stream, canal or basin, or any public park, square, street, or highway, is a public nuisance.
[18-5901, added 1972, ch. 336, sec. 1, p. 958.]
An act which affects an entire community or neighborhood, or any considerable number of persons, as specified in the last section, is not less a nuisance because the extent of the annoyance or damage inflicted upon individuals is unequal.
[18-5902, added 1972, ch. 336, sec. 1, p. 958.]
Every person who maintains or commits any public nuisance, the punishment for which is not otherwise prescribed, or who wilfully omits to perform any legal duty relating to the removal of a public nuisance, is guilty of a misdemeanor.
[18-5903, added 1972, ch. 336, sec. 1, p. 958.]
For the purpose of this act, any meeting or hearing of any board, commission, council, department or agency of state, county, or local government, held within a building owned, rented, or being used by a governmental agency, to which the public is invited, or solicited, or legally entitled to attend is defined as a public meeting. Cigarette, cigar, and pipe smoking are prohibited during all periods when such public hearings or meetings are in progress.
[I.C., sec. 18-5904, as added by 1975, ch. 121, sec. 1, p. 252.]
No smoking signs shall be displayed in the place of any such public meeting and upon request an area nearby, but outside the room in which the meeting is being held, shall be designated as an area where smoking is permitted.
[I.C., sec. 18-5905, as added by 1975, ch. 121, sec. 2, p. 252.]
A violation of section 18-5904, Idaho Code, is punishable by a fine of not less than five dollars ($5.00) nor more than ten dollars ($10.00).
[I.C., sec. 18-5906, as added by 1975, ch. 121, sec. 3, p. 252.]
Every conductor, engineer, brakeman, switchman, or other person having charge, wholly or in part, of any railroad, car, locomotive or train, who wilfully or negligently suffers or causes the same to collide with another car, locomotive or train, or with any other object or thing whereby the death of a human being is produced, is punishable by imprisonment in the state prison for not less than one (1) nor more than ten (10) years.
[18-6001, added 1972, ch. 336, sec. 1, p. 958.]
Every person in charge of a locomotive engine who, before crossing any traveled public way, omits to cause a bell to ring or steam, air, electric or other similar whistle to sound at the distance of at least eighty (80) rods from the crossing, and up to it, is guilty of a misdemeanor.
[18-6002, added 1972, ch. 336, sec. 1, p. 959.]
Every person who maliciously removes, displaces, injures, or in any way interferes with, or changes, or destroys, any part of any railroad property, whether for cars propelled by steam or any other motive power, or any track of any railroad, or any branch or branchway, switch, block or other signal or signaling device, turnout, bridge, viaduct, culvert, embankment, station house or other structure or fixture, or any part thereof attached to or connected with any railroad, is punishable by imprisonment in the state prison not exceeding ten (10) years, or by fine not exceeding fifty thousand dollars ($50,000), or by both fine and imprisonment, in the discretion of the court.
[18-6006, added 1972, ch. 336, sec. 1, p. 959; am. 1994, ch. 263, sec. 2, p. 812.]
Any person or persons who shall remove, take, steal, change, add to, take from, or in any manner interfere with any journal bearings or brasses, or any parts or attachments of any locomotive, tender or car, or any fixture or attachment belonging thereto, connected with, or used in operating any locomotive, tender or car, owned, leased or used by any railway or transportation company in this state, is guilty of a felony, and upon conviction thereof shall be subject to punishment by imprisonment in the penitentiary not less than one (1) nor more than fourteen (14) years, or by a fine of up to fifty thousand dollars ($50,000), or by both such fine and imprisonment, in the discretion of the court: provided, that if the removal of such journal bearings or brasses, fixtures or attachments, as aforesaid, shall be the cause of wrecking any train, locomotive or other car in this state, whereby the life or lives of any person or persons shall be lost as the result of the felonious or malicious stealing, interfering with or removal of the fixtures, as aforesaid, the person or persons found guilty thereof shall be liable for murder as in other cases.
[18-6007, added 1972, ch. 336, sec. 1, p. 959; am. 1994, ch. 263, sec. 3, p. 812.]
Every person who buys or receives any of the property described in section 18-6007, Idaho Code, knowing the same to have been stolen, is guilty of a felony, and upon conviction thereof shall be subject to the punishment provided in section 18-6007, Idaho Code.
[18-6008, added 1972, ch. 336, sec. 1, p. 960; am. 1994, ch. 263, sec. 4, p. 813.]
Every person who maliciously places any obstruction upon the rails or track of any railroad, or of any switch, branch, branchway, or turnout connected with any railroad, is punishable by imprisonment in the state prison not exceeding five years, or in the county jail not less than six months.
[18-6009, added 1972, ch. 336, sec. 1, p. 960.]
Any person or persons who shall wilfully or maliciously place any obstruction on any railroad track or roadbed, or street car track in this state, or who shall loosen, tear up, remove or misplace any rail, switch, frog, guard rail, cattle guard, or any part of such railroad track or roadbed or street car track, or who shall tamper with or molest any such road, roadbed or track, or who shall destroy or damage any locomotive, motor or car on said track, or who shall otherwise interfere with the maintenance or operation of such road so as to endanger the safety of any train, car, motor or engine, or so as to endanger or injure any passenger or person riding thereon, or being about the same, shall, upon conviction thereof, be punished by imprisonment in the penitentiary for any term not exceeding twenty (20) years nor less than five (5) years.
[I.C., sec. 18-6010, as added by 1972, ch. 336, sec. 1, p. 844.]
Any person or persons who shall, within this state, wilfully or maliciously place any obstruction upon any railroad track or roadbed or street car track, or shall misplace, remove, obstruct, detach, damage or destroy any rail, switch, frog, guard rail, cattle guard, or any other part of such railroad track or roadbed or street car track, or who shall otherwise interfere with the maintenance and operation of such road, thereby causing the death of any person, whether passenger or employee of such railroad, or street railway, or otherwise, shall, upon conviction thereof, be deemed guilty of a felony and be punished by imprisonment in the penitentiary for a term not less than five (5) years and which may extend to the natural life of such person so found guilty, or may be tried and punished for murder. But this section shall not in any way lessen the liability of the railroad company where a wreck may hereafter occur in the state of Idaho.
[18-6011, added 1972, ch. 336, sec. 1, p. 960.]
Any person disturbing the peace of any traveler on any railway train, or breaking the seal or forcibly entering any car, or disturbing the contents of any car, or breaking any package therein, or breaking any package left at any depot for transportation or delivery, shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six (6) months, or by both such fine and imprisonment.
[18-6012, added 1972, ch. 336, sec. 1, p. 961; am. 1994, ch. 263, sec. 5, p. 813.]
(1) As used in this section:
(a) "Human body waste" means excrement, feces or other waste material discharged from the human body.
(b) "Passenger train" means any train operated by a railroad company or corporation or operated by an entity created by federal law, for the primary purpose of transporting passengers.
(c) "Person" means an individual, trust, firm, joint stock company, corporation, partnership, association, state, state or federal agency or entity, city, commission, or political subdivision of a state.
(2) No person operating or controlling any passenger train through or within this state may knowingly and openly place, throw, release, discharge, or deposit human body waste from a passenger train upon the right-of-way over which it operates.
(3) Any person who violates any provision of this section is guilty of a misdemeanor.
(4) The department of environmental quality and the public health districts shall enforce the provisions of this section.
[18-6015, added 1990, ch. 189, sec. 1, p. 419; am. 2001, ch. 103, sec. 3, p. 260.]
Rape is defined as the penetration, however slight, of the oral, anal or vaginal opening with a penis accomplished under any one (1) of the following circumstances:
(1) Where the victim is under the age of sixteen (16) years, the perpetrator is eighteen (18) years of age or older, and the victim is not lawfully married to the perpetrator.
(2) Where the victim is sixteen (16) or seventeen (17) years of age, the perpetrator is three (3) years or more older than the victim, and the victim is not lawfully married to the perpetrator.
(3) Where the victim is incapable, through any unsoundness of mind, due to any cause including, but not limited to, mental illness, mental disability or developmental disability, whether temporary or permanent, of giving legal consent.
(4) Where the victim resists but the resistance is overcome by force or violence.
(5) Where the victim is prevented from resistance by the infliction, attempted infliction, or threatened infliction of bodily harm, accompanied by apparent power of execution; or is unable to resist due to any intoxicating, narcotic, or anaesthetic substance.
(6) Where the victim is prevented from resistance due to an objectively reasonable belief that resistance would be futile or that resistance would result in force or violence beyond that necessary to accomplish the prohibited contact.
(7) Where the victim is at the time unconscious of the nature of the act. As used in this section, "unconscious of the nature of the act" means incapable of resisting because the victim meets one (1) of the following conditions:
(a) Was unconscious or asleep;
(b) Was not aware, knowing, perceiving, or cognizant that the act occurred.
(8) Where the victim submits under the belief that the person committing the act is the victim’s spouse, and the belief is induced by artifice, pretense or concealment practiced by the accused, with intent to induce such belief.
(9) Where the victim submits under the belief that the person committing the act is someone other than the accused, and the belief is induced by artifice, pretense or concealment practiced by the accused, with the intent to induce such belief.
(10) Where the victim submits under the belief, instilled by the actor, that if the victim does not submit, the actor will cause physical harm to some person in the future; or cause damage to property; or engage in other conduct constituting a crime; or accuse any person of a crime or cause criminal charges to be instituted against the victim; or expose a secret or publicize an asserted fact, whether true or false, tending to subject any person to hatred, contempt or ridicule.
The provisions of subsections (1) and (2) of this section shall not affect the age requirements in any other provision of law, unless otherwise provided in any such law. Further, for the purposes of subsection (2) of this section, in determining whether the perpetrator is three (3) years or more older than the victim, the difference in age shall be measured from the date of birth of the perpetrator to the date of birth of the victim.
Males and females are both capable of committing the crime of rape as defined in this section.
[18-6101, added 1972, ch. 336, sec. 1, p. 961; am. 1977, ch. 208, sec. 1, p. 573; am. 1994, ch. 83, sec. 1, p. 197; am. 1994, ch. 135, sec. 1, p. 307; am. 2000, ch. 218, sec. 1, p. 606; am. 2003, ch. 280, sec. 1, p. 756; am. 2010, ch. 235, sec. 7, p. 547; am. 2010, ch. 352, sec. 1, p. 920; am. 2011, ch. 27, sec. 1, p. 67; am. 2016, ch. 296, sec. 1, p. 828; am. 2021, ch. 172, sec. 1, p. 479.]
No conviction for rape can be had against one who was under the age of fourteen (14) years at the time of the act alleged, unless his physical ability to accomplish penetration is proved as an independent fact, and beyond a reasonable doubt.
[18-6102, added 1972, ch. 336, sec. 1, p. 962.]
Any sexual penetration, however slight, is sufficient to complete the crime of rape.
[18-6103, added 1972, ch. 336, sec. 1, p. 962; am. 2022, ch. 122, sec. 1, p. 434.]
Rape is punishable by imprisonment in the state prison not less than one (1) year, and the imprisonment may be extended to life in the discretion of the District Judge, who shall pass sentence.
[18-6104, added 1972, ch. 336, sec. 1, p. 962.]
In prosecutions for the crime of rape, evidence of the prosecuting witness’ previous sexual conduct shall not be admitted nor reference made thereto in the presence of the jury, except as provided hereinafter. The defendant may make application to the court before or during the trial for the admission of evidence concerning the previous sexual conduct of the prosecuting witness. Upon such application the court shall conduct a hearing out of the presence of the jury as to the relevancy of such evidence of previous sexual conduct and shall limit the questioning and control the admission and exclusion of evidence upon trial. Nothing in this section shall limit the right of either the state or the accused to impeach credibility by the showing of prior felony convictions.
[18-6105, added 1977, ch. 208, sec. 2, p. 574.]
Persons convicted of offenses covered under this chapter may be ordered by the court to provide restitution to the victim for specific costs incurred by the victim as a result of injury or loss caused by the criminal act.
[18-6106, added 1977, ch. 208, sec. 3, p. 574.]
(1) It is a felony for any employee of the Idaho department of correction, Idaho department of juvenile corrections or any officer, employee or agent of a state, local or private correctional facility, as those terms are defined in section 18-101A, Idaho Code, to have sexual contact with a prisoner or juvenile offender, not their spouse, whether an in-state or out-of-state prisoner or juvenile offender, as those terms are defined in section 18-101A, Idaho Code.
(2) It is a felony for any supervising officer, as that term is defined in section 18-101A, Idaho Code, to knowingly have sexual contact with any parolee or probationer, as those terms are defined in section 18-101A, Idaho Code, who is not the person’s spouse.
(3) For the purposes of this section "sexual contact" means sexual intercourse, genital-genital contact, manual-anal contact, manual-genital contact, oral-genital contact, anal-genital contact, oral-anal contact, contact between the mouth and any body part, or any willful physical contact, over or under the clothing, when the physical contact is done with the intent of arousing, appealing to, or gratifying the lust, passion, or sexual desires of the actor or any other person, between persons of the same or opposite sex.
(4) Any person found guilty of sexual contact with a prisoner or juvenile offender is punishable by imprisonment in the state prison for a term not to exceed life.
[18-6110, added 1993, ch. 222, sec. 1, p. 759; am. 2000, ch. 272, sec. 9, p. 792; am. 2003, ch. 37, sec. 1, p. 157; am. 2005, ch. 177, sec. 2, p. 548; am. 2008, ch. 60, sec. 2, p. 152; am. 2009, ch. 116, sec. 1, p. 373; am. 2026, ch. 176, sec. 1, p. 815.]
Every person who unlawfully refuses upon demand to give to any county assessor a list of his property subject to taxation, or to swear to such list, or who gives a false name, or fraudulently refuses to give his true name, to any assessor when demanded by such assessor in the discharge of his official duties, is guilty of a misdemeanor.
[18-6301, added 1972, ch. 336, sec. 1, p. 963.]
Every person who uses or gives any receipt except that prescribed by law, as evidence of the payment of any poll tax, road tax or license of any kind, or who receives payment of such tax or license without delivering the receipt prescribed by law, or who inserts the name of more than one (1) person therein, is guilty of a misdemeanor.
[18-6302, added 1972, ch. 336, sec. 1, p. 963.]
Every person who has in his possession with intent to circulate or sell, any blank licenses or poll tax receipts other than those furnished by the proper officer, is guilty of felony.
[18-6303, added 1972, ch. 336, sec. 1, p. 963.]
Every person who, when requested by the collector of taxes or licenses, refuses to give to such collector the name and residence of each man in his employment, or to give such collector access to the building or place where such men are employed, is guilty of a misdemeanor.
[18-6304, added 1972, ch. 336, sec. 1, p. 963.]
Every person who commences or carries on any business, trade, profession or calling, for the transaction or carrying on of which a license is required by any law of this state, without taking out or procuring the license prescribed by such law, is guilty of a misdemeanor.
[18-6305, added 1972, ch. 336, sec. 1, p. 963.]
If any tax collector or his deputy wilfully neglects or refuses to perform any of the duties enjoined on him by the provisions of title 63 of Idaho Code he is guilty of a misdemeanor in office, and shall be punished by imprisonment in the county jail not more than one (1) year, or by a fine of not less than $200 nor more than $1,000, or by both such fine and imprisonment, and shall be forthwith removed from office.
[I.C., sec. 18-6306, as added by 1972, ch. 336, sec. 1, p. 964.]
If any county auditor neglects or refuses to perform the duties enjoined on him by the provisions of title 63 of the Idaho Code he is guilty of a felony, and shall be punished by imprisonment in the state prison for not more than one (1) year, or by a fine of not less than $200 nor more than $1,000, or by both such fine and imprisonment, and shall be forthwith removed from office.
[18-6307, added 1972, ch. 336, sec. 1, p. 964.]
Any officer who, at the same time, performs the duties of any two officers, in any manner connected with the public revenue, except in the manner expressly provided by law, or any collecting or disbursing officer who refuses or neglects the performance of the duties required of him by the title, Revenue, of the Idaho Code, is guilty of a felony, and on conviction thereof must be punished by imprisonment in the state prison for not more than one year, or by a fine of not less than $200 nor more than $1,000, or by both such fine and imprisonment, and must forthwith be removed from office.
[18-6308, added 1972, ch. 336, sec. 1, p. 964.]
Any person who shall in this state unlawfully exercise or attempt to exercise the functions of, or hold himself out as, an officer, agent, deputy or employee of the state tax commission or of any county assessor shall be guilty of a felony, and on conviction thereof shall be punished by imprisonment in the state prison for a period of not more than five (5) years or by a fine of not more than five thousand dollars ($5,000) or by both such fine and imprisonment.
[18-6309, added 1981, ch. 72, sec. 1, p. 104.]
Any action, use of force or violence, or threat thereof, disturbing the public peace, or any threat to use such force or violence, if accompanied by immediate power of execution, by two (2) or more persons acting together, and without authority of law, which results in:
(a) physical injury to any person; or
(b) damage or destruction to public or private property; or
(c) a disturbance of the public peace;
is a riot.
[18-6401, added 1972, ch. 336, sec. 1, p. 964; am. 1981, ch. 123, sec. 1, p. 211.]
(1) A riot is a felony if:
(a) It occurs on or about the state penitentiary, a county or city jail, or any other penal facility in this state, or it involves the taking of one or more hostages. Violation of the provisions of this subsection is punishable by imprisonment in the state penitentiary for not less than five (5) years, no more than twenty (20) years or a fine not to exceed twenty-five thousand dollars ($25,000), or both such fine and imprisonment.
(b) The destruction or damage to public or private property exceeds five hundred dollars ($500). Violation of the provisions of this subsection is punishable by imprisonment in the state penitentiary for not more than five (5) years or a fine not to exceed ten thousand dollars ($10,000), or both such fine and imprisonment.
(2) A riot is a misdemeanor in all other circumstances punishable by imprisonment in the city or county jail for not more than one (1) year and a fine not to exceed five thousand dollars ($5,000).
[18-6402, added 1981, ch. 123, sec. 3, p. 211.]
Whenever two or more persons assemble together to do an unlawful act, and separate without doing or advancing toward it, or do a lawful act in a violent, boisterous or tumultuous manner, such assembly is an unlawful assembly.
[18-6404, added 1972, ch. 336, sec. 1, p. 964.]
Every person who participates in any unlawful assembly is guilty of a misdemeanor.
[18-6405, added 1972, ch. 336, sec. 1, p. 965; am. 1994, ch. 167, sec. 3, p. 375.]
(1) Every person who maliciously and willfully disturbs the peace or quiet of any religious gathering, house of worship, neighborhood, family, or person, by loud or unusual noise, by tumultuous or offensive conduct, by threatening, traducing, quarreling, challenging to fight or fighting, or by firing any gun or pistol, is guilty of a misdemeanor.
(2) Every person who maliciously and willfully disturbs the dignity or reverential nature of any funeral, memorial service, funeral procession, burial ceremony or viewing of a deceased person is guilty of a misdemeanor.
[18-6409, added 1972, ch. 336, sec. 1, p. 965; am. 1972, ch. 381, sec. 14, p. 1102; am. 1994, ch. 167, sec. 4, p. 375; am. 2007, ch. 130, sec. 1, p. 387; am. 2026, ch. 94, sec. 1, p. 521.]
If two or more persons assemble for the purpose of disturbing the public peace, or committing any unlawful act, and do not disperse on being desired or commanded so to do by a public officer, the persons so offending are severally guilty of a misdemeanor.
[18-6410, added 1972, ch. 336, sec. 1, p. 965.]
Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.
[18-6501, added 1972, ch. 336, sec. 1, p. 965.]
The fear which constitutes robbery may be either:
The fear of an unlawful injury to the person or property of the person robbed, or of any relative of his, or member of his family; or,
The fear of an immediate and unlawful injury to the person or property of any one in the company of the person robbed at the time of the robbery.
[18-6502, added 1972, ch. 336, sec. 1, p. 966.]
Robbery is punishable by imprisonment in the state prison not less than five (5) years, and the imprisonment may be extended to life.
[18-6503, added 1972, ch. 336, sec. 1, p. 966.]
(1) Any person who willfully marries or engages in sexual intercourse with another person known to be within the degrees of consanguinity within which marriages are declared by law to be incestuous and void under section 32-205, Idaho Code, is guilty of a felony.
(2) For the purposes of this section, "sexual intercourse" means genital-genital, oral-genital, anal-genital, oral-anal, manual-anal, or manual-genital penetration between persons of the same or opposite sex.
(3) Any violations of this section are punishable by imprisonment in the state prison for a term not to exceed fifteen (15) years; however, if a victim is under the age of eighteen (18) years at the time of violation of this section, such violation is punishable by imprisonment in the state prison for a term not to exceed life.
[(18-6601) 18-6602, added 1972, ch. 336, sec. 1, p. 966; am. 2003, ch. 202, sec. 1, p. 543; am. 2006, ch. 178, sec. 9, p. 550; am. and redesig. 2022, ch. 124, sec. 5, p. 437.]
(1) A person is guilty of a felony if that person:
(a) Engages in sexual contact with an animal;
(b) Advertises, solicits, offers, or accepts the offer of an animal or possesses, purchases, or otherwise obtains an animal with the intent that the animal be subject to sexual contact; or
(c) Causes, aids, or abets another person to engage in sexual contact with an animal.
(2) As used in this section:
(a) "Animal" means any living creature of the animal kingdom, other than a human being, whether dead or alive at the time of the violation of this section; and
(b) "Sexual contact" means any act committed between a person and an animal for the purpose of sexual arousal, sexual gratification, abuse, or financial gain without a bona fide veterinary or animal husbandry purpose and involving:
(i) Contact between the sex organs or anus of an animal and the mouth of the person or contact between the sex organs or anus of the person and the mouth of the animal;
(ii) The insertion of any part of the animal’s body into the vaginal or anal opening of the person; or
(iii) The insertion of any part of the body of a person or any object into the vaginal or anal opening of an animal.
(3) Any person who violates this section may be punished by imprisonment in the state prison for a term not to exceed five (5) years. Additionally, the court may order a person who violates this section to:
(a) Relinquish custody of some or all animals under the person’s control at the time of the offense. If the person convicted of violating this section is not the owner of the animal that was the subject of the violation, then the animal shall be returned to the owner of the animal. An animal returned to an owner under this section shall not be spayed or neutered prior to being returned; and
(b) Reimburse the agency or shelter caring for the animal for reasonable costs incurred for the care and treatment of the animal from the date of impoundment until the disposition of the criminal proceeding.
(4) Nothing in this section shall be construed to criminalize:
(a) Generally accepted veterinary practices in compliance with chapter 21, title 54, Idaho Code;
(b) Generally accepted agricultural, farming, ranching, and animal husbandry practices, including grooming, raising, breeding or artificially inseminating an animal for reproductive purposes, assisting with the birthing process of animals, or any other procedure that provides care for an animal;
(c) Generally accepted commercial, traditional, cultural, historical, or tribal practices, including judging of breed conformation, rodeos, horse racing, fairs, and stock sales and auctions; or
(d) Generally accepted hunting, fishing, and trapping practices in compliance with title 36, Idaho Code.
[18-6602, added 2022, ch. 124, sec. 6, p. 437.]
(1) A person is guilty of a felony if that person engages in sexual contact with human remains.
(2) As used in this section:
(a) "Human remains" means a deceased human body or any portion of a deceased human body in any condition or state of decomposition; and
(b) "Sexual contact" means any act committed between a person and human remains for the purpose of sexual arousal, sexual gratification, abuse, or financial gain involving genital-genital, oral-genital, anal-genital, oral-anal, manual-genital, or manual-anal contact between a person and human remains or penetration of the genitals or anus with an object, instrument, or device.
(3) Any person who violates this section may be punished by imprisonment in the state prison for a term not to exceed five (5) years.
(4) Nothing in this section shall be construed to criminalize:
(a) Generally accepted dental, nursing, or medical practices in compliance with chapter 9, chapter 18, or chapter 14, title 54, Idaho Code;
(b) Generally accepted organ donation or anatomical gift practices in compliance with chapter 34, title 39, Idaho Code;
(c) Generally accepted mortuary or funerary practices, including but not limited to embalming in compliance with chapter 11, title 54, Idaho Code; or
(d) Generally accepted investigative practices by coroners, medical examiners, pathologists, or the like.
[18-6603, added 2022, ch. 124, sec. 7, p. 438.]
(1) A person violates this section when that person willfully causes the penetration, however slight, of the genital or anal opening of any person, by any object, instrument, or device:
(a) Against the victim’s will by:
(i) Use of force or violence; or
(ii) Duress; or
(iii) Threats of immediate and great bodily harm, accompanied by apparent power of execution; or
(b) Where the victim is incapable, through any unsoundness of mind, whether temporary or permanent, of giving legal consent; or
(c) Where the victim is prevented from resistance by any intoxicating, narcotic, or anesthetic substance; or
(d) Where the victim is at the time unconscious of the nature of the act because the victim:
(i) Was unconscious or asleep; or
(ii) Was not aware, knowing, perceiving, or cognizant that the act occurred.
(2) A person who violates the provisions of this section shall be guilty of a felony and shall be punished by imprisonment in the state prison for not more than life.
(3) The provisions of this section shall not apply to bona fide medical, health care, or hygiene procedures.
[(18-6604) 18-6608, added 1983, ch. 176, sec. 1, p. 484; am. 2002, ch. 360, sec. 1, p. 1018; am. 2014, ch. 165, sec. 1, p. 467; am. 2018, ch. 323, sec. 1, p. 753; am. and redesig. 2022, ch. 124, sec. 8, p. 438.]
(1) As used in this section:
(a) "Broadcast" means the electronic transmittal of a visual image with the intent that it be viewed by a person or persons.
(b) "Disseminate" means to make available by any means to any person.
(c) "Imaging device" means any instrument capable of recording, storing, viewing or transmitting visual images.
(d) "Intimate areas" means the nude genitals, nude pubic area, nude buttocks or nude female nipple.
(e) "Person" means any natural person, corporation, partnership, firm, association, joint venture or any other recognized legal entity or any agent or servant thereof.
(f) "Place where a person has a reasonable expectation of privacy" means:
(i) A place where a reasonable person would believe that he could undress, be undressed or engage in sexual activity in privacy, without concern that he is being viewed, photographed, filmed or otherwise recorded by an imaging device; or
(ii) A place where a person might reasonably expect to be safe from casual or hostile surveillance by an imaging device; or
(iii) Any public place where a person, by taking reasonable steps to conceal intimate areas, should be free from the viewing, recording, storing or transmitting of images obtained by imaging devices designed to overcome the barriers created by a person’s covering of intimate areas.
(g) "Publish" means to:
(i) Disseminate with the intent that such image or images be made available by any means to any person; or
(ii) Disseminate with the intent that such images be sold by another person; or
(iii) Post, present, display, exhibit, circulate, advertise or allow access by any means so as to make an image or images available to the public; or
(iv) Disseminate with the intent that an image or images be posted, presented, displayed, exhibited, circulated, advertised or made accessible by any means and to make such image or images available to the public.
(h) "Sell" means to disseminate to another person, or to publish, in exchange for something of value.
(i) "Sexual act" includes, but is not limited to, masturbation; genital, anal or oral sex; sexual penetration with an object; or the transfer or transmission of semen upon any part of the depicted person’s body.
(2) A person is guilty of video voyeurism when, with the intent of arousing, appealing to or gratifying the lust or passions or sexual desires of such person or another person, or for his own or another person’s lascivious entertainment or satisfaction of prurient interest, or for the purpose of sexually degrading or abusing any other person, he uses, installs or permits the use or installation of an imaging device at a place where a person would have a reasonable expectation of privacy, without the knowledge or consent of the person using such place.
(3) A person is guilty of video voyeurism when:
(a) With the intent to annoy, terrify, threaten, intimidate, harass, offend, humiliate or degrade, he intentionally disseminates, publishes or sells, or threatens or conspires to disseminate, publish or sell, any image of another person who is identifiable from the image itself or information displayed in connection with the image and whose intimate areas are exposed, in whole or in part, or who is engaged in a sexual act;
(b) He knew or reasonably should have known that the person depicted in the image understood that the image should remain private; and
(c) He knew or reasonably should have known that the person depicted in the image did not consent to the dissemination, publication or sale of the image.
(4) A violation of this section is a felony.
(5) This section does not apply to:
(a) An interactive computer service, as defined in 47 U.S.C. 230(f)(2), an information service, as defined in 47 U.S.C. 153 or a telecommunication service, as defined in section 61-121(2) or 62-603(13), Idaho Code, for content provided by another person, unless the provider intentionally aids or abets video voyeurism;
(b) Images involving voluntary exposure in public or commercial settings; or
(c) Disclosures made in the public interest including, but not limited to, the reporting of unlawful conduct or the lawful and common practices of law enforcement, criminal reporting, legal proceedings or medical treatment.
[(18-6605) 18-6609, added 2004, ch. 122, sec. 1, p. 410; am. 2014, ch. 173, sec. 1, p. 477; am. 2018, ch. 256, sec. 1, p. 606; am. and redesig. 2022, ch. 124, sec. 9, p. 438; am. 2026, ch. 121, sec. 1, p. 602.]
(1) A person is guilty of disclosing explicit synthetic media when the person knowingly:
(a) Discloses explicit synthetic media and knows or reasonably should know that:
(i) An identifiable person portrayed in whole or in part in the explicit synthetic media did not consent to such disclosure; and
(ii) Disclosure of the explicit synthetic media would cause the identifiable person substantial emotional distress;
(b) Discloses explicit synthetic media with the intent to annoy, terrify, threaten, intimidate, harass, offend, humiliate, or degrade an identifiable person portrayed in whole or in part in the explicit synthetic media; or
(c) Possesses and threatens to disclose explicit synthetic media with the intent to obtain money or other valuable consideration from an identifiable person portrayed in whole or in part in the explicit synthetic media.
(2) A person who violates subsection (1) of this section is guilty of a misdemeanor unless such person is guilty of a felony as provided in subsection (3) of this section.
(3) A person who violates subsection (1) of this section when the identifiable person is under eighteen (18) years of age or when the person was previously found guilty of a violation of this section or a similar statute in another state or any local jurisdiction within the past five (5) years, notwithstanding the form of the judgment or withheld judgment, is guilty of a felony punishable by imprisonment for a period no more than ten (10) years, or by a fine of no more than twenty-five thousand dollars ($25,000), or by both such fine and imprisonment.
(4) As used in this section:
(a) "Disclose" means to make available by any means to any person.
(b) "Explicit synthetic media" means synthetic media that depicts or appears to depict:
(i) An identifiable individual engaged in sexual conduct;
(ii) The intimate parts of another individual or artificially generated intimate parts presented as the intimate parts of an identifiable individual; or
(iii) The display or transfer of sexual bodily fluids onto any part of the body of an identifiable individual or from the body of an identifiable individual.
(c) "Identifiable individual" means a person who is portrayed in whole or in part in synthetic media and who is recognizable by the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature.
(d) "Intimate parts" means the nude genitals, pubic area, anus, or postpubescent female nipple.
(e) "Realistically" means that the synthetic media is sufficiently convincing such that an ordinary person viewing the synthetic media would conclude that it is an actual image or video of the identifiable person but does not include drawings, cartoons, or paintings.
(f) "Sexual conduct" means actual or simulated sexual intercourse, oral-genital contact, manual genital contact, genital-anal contact, oral-anal contact, or other physical-genital contact.
(g) "Synthetic media" means any image or video created or altered using technical means, such as artificial intelligence, to realistically misrepresent an identifiable individual as engaging in conduct in which the identifiable individual did not engage.
(h) "Valuable consideration" includes but is not limited to sexually explicit images or video from the identifiable individual portrayed in the synthetic media.
(5) Subsection (1)(a) of this section shall not apply when:
(a) The disclosure is made for the purpose of a criminal investigation or prosecution that is otherwise lawful;
(b) The disclosure is for the purpose of, or in connection with, the reporting of unlawful conduct;
(c) The explicit synthetic media relates to a matter of public interest and disclosure serves a lawful public purpose, provided that explicit synthetic media does not relate to a matter of public interest merely because a public figure is portrayed in the explicit synthetic media;
(d) The disclosure is for legitimate scientific research or educational purposes; or
(e) The disclosure is made in the normal course of civil legal proceedings and consistent with common practice or is protected by court order that prohibits further dissemination.
(6) The provisions of this section shall not apply to an interactive computer service, as defined in 47 U.S.C. 230(f)(2); an information service, as defined in 47 U.S.C. 153; or a telecommunication service, as defined in section 61-121(2) or 62-603(13), Idaho Code, for content provided by another person, unless the provider intentionally aids or abets disclosing explicit synthetic media.
(7) 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 that can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable.
[18-6606, added 2024, ch. 105, sec. 1, p. 472; am. 2026, ch. 121, sec. 2, p. 603.]
Definitions as used in this chapter:
(1) "Wire communication" means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception (including the use of such connection in a switching station), furnished or operated by any person engaged in providing or operating such facilities for the transmission of intrastate, interstate or foreign communications.
(2) "Oral communication" means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation but such term does not include any electronic communication.
(3) "Intercept" means the aural or other acquisition of the contents of any wire, electronic or oral communication through the use of any electronic, mechanical, or other device.
(4) "Electronic, mechanical, or other device" means any device or apparatus which can be used to intercept a wire, electronic or oral communication other than:
(a) Any telephone or telegraph instrument, equipment or facility or any component thereof:
(i) Furnished to the subscriber or user by a provider of wire or electronic communication service in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business or furnished by such subscriber or user for connection to the facilities of such service and used in the ordinary course of its business; or
(ii) Being used by a provider of wire or electronic communication service in the ordinary course of its business, or by an investigative or law enforcement officer in the ordinary course of his duties;
(b) A hearing aid or similar device being used to correct subnormal hearing to not better than normal;
(5) "Person" means any employee or agent of the state or political subdivision thereof and any individual, partnership, association, joint stock company, trust, cooperative, or corporation.
(6) "Investigative or law enforcement officer" means any officer of the state of Idaho who is empowered by law to conduct investigations of, or to make arrests for, offenses enumerated in this chapter and any attorney authorized by law to prosecute or participate in the prosecution of such offenses.
(7) "Contents" when used with respect to any wire, electronic or oral communication includes any information concerning the identity of the parties to such communication or the existence, substance, purport, or meaning of that communication.
(8) "Judge of competent jurisdiction" means a justice of the supreme court or a judge of a district court.
(9) "Aggrieved person" means a person who was a party to any illegally intercepted wire, electronic or oral communication or a person against whom the interception was illegally directed.
(10) "Electronic communication" means any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photooptical system, but does not include:
(a) Any wire or oral communication;
(b) Any communication made through a tone-only paging device;
(c) Any communication from a tracking device, as defined in 18 U.S.C. section 3117; or
(d) Electronic fund transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds.
(11) "User" means any person or entity who:
(a) Uses an electronic communication service; and
(b) Is authorized by the provider of such service to engage in such use.
(12) "Electronic communications system" means any wire, radio, electromagnetic, photoelectronic or photooptical facilities for the transmission of electronic communications, and any computer facilities or related electronic equipment for the electronic storage of such communications.
(13) "Electronic communication service" means any service that provides to the users thereof the ability to send or receive wire or electronic communications.
(14) "Readily accessible to the general public" means, with respect to a radio communication, that such communication is not:
(a) Scrambled or encrypted;
(b) Transmitted using modulation techniques, the essential parameters of which have been withheld from the public with the intention of preserving the privacy of such communication;
(c) Carried on a subcarrier or other signal subsidiary to a radio transmission;
(d) Transmitted over a communication system provided by a common carrier, unless the communication is a tone-only paging system communication; or
(e) Transmitted on frequencies set forth in 18 U.S.C. section 2510(16)(E).
(15) "Electronic storage" means:
(a) Any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission thereof; and
(b) Any storage of such communication by an electronic communication service for purposes of backup protection of such communication.
(16) "Aural transfer" means a transfer containing the human voice at any point between and including the point of origin and the point of reception.
[18-6701, added 1980, ch. 326, sec. 2, p. 833; am. 2002, ch. 223, sec. 1, p. 632.]
(1) Except as otherwise specifically provided in this chapter, any person shall be guilty of a felony and is punishable 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 if that person:
(a) Willfully intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, electronic or oral communication; or
(b) Willfully uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when:
Such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or
Such device transmits communications by radio or interferes with the transmission of such communication; or
(c) Willfully discloses, or endeavors to disclose, to any other person the contents of any wire, electronic or oral communication, knowing or having reason to know that the information was obtained through the interception of a wire, electronic or oral communication in violation of this subsection; or
(d) Willfully uses, or endeavors to use, the contents of any wire, electronic or oral communication, knowing or having reason to know that the information was obtained through the interception of a wire, electronic or oral communication in violation of this subsection; or
(e) Intentionally discloses or endeavors to disclose to any other person the contents of any wire, electronic or oral communication, intercepted by means authorized by subsection (2)(b), (c), (f) or (g) of this section or by section 18-6708, Idaho Code, if that person:
(i) Knows or has reason to know that the information was obtained through the interception of such communication in connection with a criminal investigation; and
(ii) Has obtained or received the information in connection with a criminal investigation with the intent to improperly obstruct, impede or interfere with a duly authorized criminal investigation.
(2) (a) It is lawful under this chapter for an operator of a switchboard, or an officer, employee, or agent of a provider of wire or electronic communication service whose facilities are used in the transmission of a wire or electronic communication to intercept, disclose, or use that communication in the normal course of his employment while engaged in any activity which is a necessary incident to the rendition of his service or to the protection of the rights or property of the provider of that service, except that a provider of wire communication service to the public shall not utilize service observing or random monitoring except for mechanical or service quality control checks.
(b) It is lawful under this chapter for an officer, employee, or agent of the federal communications commission, in the normal course of his employment and in discharge of the monitoring responsibilities exercised by the commission in the enforcement of 47 U.S.C. ch. 5, to intercept a wire, electronic or oral communication transmitted by radio or to disclose or use the information thereby obtained.
(c) It is lawful under this chapter for a law enforcement officer or a person acting under the direction of a law enforcement officer to intercept a wire, electronic or oral communication when such person is a party to the communication or one (1) of the parties to the communication has given prior consent to such interception.
(d) It is lawful under this chapter for a person to intercept a wire, electronic or oral communication when one (1) of the parties to the communication has given prior consent to such interception.
(e) It is unlawful to intercept any communication for the purpose of committing any criminal act.
(f) It is lawful under this chapter for an employee of a telephone company to intercept a wire communication for the sole purpose of tracing the origin of such communication when the interception is requested by an appropriate law enforcement agency or the recipient of the communication and the recipient alleges that the communication is obscene, harassing, or threatening in nature.
(g) It is lawful under this chapter for an employee of a law enforcement agency, fire department or ambulance service, while acting in the scope of his employment, and while a party to the communication, to intercept and record incoming wire or electronic communications.
(h) It shall not be unlawful under this chapter for any person:
(i) To intercept or access an electronic communication made through an electronic communication system that is configured so that such electronic communication is readily accessible to the general public;
(ii) To intercept any radio communication that is transmitted:
(A) By any station for the use of the general public, or that relates to ships, aircraft, vehicles or persons in distress;
(B) By any governmental, law enforcement, civil defense, private land mobile or public safety communications system, including police and fire, readily accessible to the public;
(C) By a station operating on an authorized frequency within the bands allocated to the amateur, citizens band or general mobile radio services; or
(D) By any marine or aeronautical communication system;
(iii) To engage in any conduct that:
(A) Is prohibited by 47 U.S.C. section 553 (federal communications act of 1934); or
(B) Is excepted from the application of 47 U.S.C. section 605 (federal communications act of 1934);
(iv) To intercept any wire or electronic communication, the transmission of which is causing harmful interference to any lawfully operating station or consumer electronic equipment to the extent it is necessary to identify the source of such interference; or
(v) For other users of the same frequency to intercept any radio communication, if such communication is not scrambled or encrypted, made through a system that utilizes frequencies monitored by individuals engaged in the provision or the use of such system.
(i) It shall be lawful under this chapter for a provider of electronic communication service to record the fact that a wire or electronic communication was initiated or completed in order to protect such provider, another provider furnishing service toward the completion of the wire or electronic communication or a user of that service from the fraudulent, unlawful or abusive use of such service.
(3) (a) Except as provided in subsection (3)(b) of this section, a person or entity providing an electronic communication service to the public shall not intentionally divulge the contents of any communication other than to such person or entity or an agent thereof while in transmission on that service, to any person or entity other than an addressee or intended recipient of such communication or an agent of such addressee or intended recipient.
(b) A person or entity providing electronic communication service to the public may divulge the contents of any such communication:
(i) As otherwise authorized in section 18-6707, Idaho Code, or subsection (2)(a) of this section;
(ii) With the lawful consent of the originator or any addressee or intended recipient of such communication;
(iii) To a person employed or authorized, or whose facilities are used, to forward such communication to its destination; or
(iv) If such contents were inadvertently obtained by the service provider and appear to pertain to the commission of a crime, if such divulgence is made to a law enforcement agency.
[18-6702, added 1980, ch. 326, sec. 2, p. 834; am. 2002, ch. 223, sec. 2, p. 634; am. 2004, ch. 303, sec. 1, p. 849.]
(1) Except as otherwise specifically provided in this chapter any person who willfully:
(a) Sends through the mail or sends or carries any electronic, mechanical, or other device, with the intention of rendering it primarily useful for the purpose of the illegal interception of wire, electronic or oral communications as specifically defined by this chapter; or
(b) Manufactures, assembles, possesses, or sells any electronic, mechanical, or other device with the intention of rendering it primarily useful for the purpose of the illegal interception of wire, electronic or oral communications as specifically defined by this chapter, shall be guilty of a felony and is punishable by imprisonment in the state penitentiary for a term of five (5) years or by a fine of five thousand dollars ($5,000), or by both such fine and imprisonment.
(2) It is lawful under this section for:
(a) A provider of wire or electronic communication service or an officer, agent, or employee of, or a person under contract with, such a provider, in the normal course of business; or
(b) An officer, agent, or employee of, or a person under contract with, bidding upon contracts with, or in the course of doing business with, the United States, a state, or a political subdivision thereof, in the normal course of the activities of the United States, a state, or a political subdivision thereof, to send through the mail, send or carry in interstate or foreign commerce, or manufacture, assemble, possess, or sell any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire, electronic or oral communication.
(3) It shall not be unlawful under this section to advertise for sale a device described in subsection (1) of this section if the advertisement is mailed, sent or carried solely to a domestic provider of wire or electronic communication service or to an agency of the United States, any state, or a political subdivision thereof that is duly authorized to use such device.
[18-6703, added 1980, ch. 326, sec. 2, p. 835; am. 2002, ch. 223, sec. 3, p. 637.]
Any electronic, mechanical, or other device used, sent, carried, manufactured, assembled, possessed, or sold in violation of this chapter may be seized and forfeited to the state.
[18-6704, added 1980, ch. 326, sec. 2, p. 836; am. 2002, ch. 223, sec. 4, p. 637.]
Whenever any wire, electronic or oral communication has been intercepted, no part of the contents of such communication and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the state, or a political subdivision thereof, if the disclosure of that information would be in violation of this chapter.
[18-6705, added 1980, ch. 326, sec. 2, p. 836; am. 2002, ch. 223, sec. 5, p. 637.]
The prosecuting attorney of any county is authorized to make application to a judge of competent jurisdiction for an order authorizing or approving the interception of wire, electronic or oral communications and may apply to such judge for, and such judge may grant in conformity with section 2518 of chapter 119, title 18 U.S.C.A., and in conformity with the provisions of this chapter, an order authorizing or approving the interception of wire, electronic or oral communications by investigative or law enforcement officers having responsibility for the investigation of the offense as to which the application is made, when such interception may provide or has provided evidence of the commission of the offense of murder, kidnapping, gambling, robbery, bribery, extortion, or dealing in narcotic drugs, marijuana or other dangerous drugs, or other crime dangerous to life, limb, or property, and punishable by imprisonment for more than one (1) year, or any conspiracy to commit any of the foregoing offenses.
[18-6706, added 1980, ch. 326, sec. 2, p. 836; am. 2002, ch. 223, sec. 6, p. 638; am. 2020, ch. 82, sec. 11, p. 185.]
(1) Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, electronic or oral communication, or evidence derived therefrom, may disclose such contents to another investigative or law enforcement officer to the extent that such disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure.
(2) Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, electronic or oral communication or evidence derived therefrom may use such contents to the extent such use is appropriate to the proper performance of his official duties.
(3) Any person who has received, by any means authorized by this chapter, any information concerning a wire, electronic or oral communication, or evidence derived therefrom intercepted in accordance with the provisions of this chapter may disclose the contents of that communication or such derivative evidence while giving testimony under oath or affirmation in any criminal proceeding in any court of this state, of the United States or of any state or in any political subdivision thereof.
(4) No otherwise privileged wire, electronic or oral communication intercepted in accordance with, or in violation of, the provisions of this chapter shall lose its privileged character.
(5) When an investigative or law enforcement officer, while engaged in intercepting wire, electronic or oral communications in the manner authorized herein, intercepts wire, electronic or oral communications relating to offenses other than those specified in the order of authorization, the contents thereof, and evidence derived therefrom, may be disclosed or used as provided in subsections (1), (2) and (3) of this section.
[18-6707, added 1980, ch. 326, sec. 2, p. 837; am. 2002, ch. 223, sec. 7, p. 638.]
(1) Each application for an order authorizing the interception of a wire, electronic or oral communication shall be made in writing upon oath or affirmation or by means of an oral affidavit as provided for in the Idaho Rules of Criminal Practice & Procedure to a judge of competent jurisdiction and shall state the applicant’s authority to make such application. Each application shall include the following information:
(a) The identity of the individual authorized to make application for said order pursuant to section 18-6706, Idaho Code;
(b) A full and complete statement of the facts and circumstances relied upon by the applicant, to justify his belief that an order should be issued including (i) details as to the particular offense that has been, is being, or is about to be committed, (ii) except as provided in subsection (11) of this section, a particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted, (iii) a particular description of the type of communications sought to be intercepted, (iv) the identity of the person, if known, committing the offense and whose communications are to be intercepted;
(c) A full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous;
(d) A statement of the period of time for which the interception is required to be maintained. If the nature of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication has been first obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter;
(e) A full and complete statement of the facts concerning all previous applications known to the individual making the applications, made to any judge for authorization to intercept wire, electronic or oral communications involving any of the same persons, facilities or places specified in the application, and the action taken by the judge on each such application; and
(f) Where the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain such results.
(2) The judge may require the applicant to furnish additional testimony or documentary evidence in support of the application.
(3) Upon such application the judge may enter an ex parte order, as requested or as modified, authorizing interception of wire, electronic or oral communications within the state of Idaho if the judge determines on the basis of the facts submitted by the applicant that:
(a) There is probable cause for belief that an individual is committing, has committed, or is about to commit a particular offense enumerated in section 18-6706, Idaho Code;
(b) There is probable cause for belief that particular communications concerning that offense will be obtained through such interception;
(c) Normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous;
(d) Except as provided in subsection (11) of this section, there is probable cause for belief that the facilities from which, or the place where, the wire, electronic or oral communications are to be intercepted are being used, or are about to be used, in connection with the commission of such offense, or are leased to, listed in the name of, or commonly used by such person.
(4) Each order authorizing the interception of any wire, electronic or oral communication shall specify:
(a) The identity of the person, if known, whose communications are to be intercepted;
(b) The nature and location of the communications facilities as to which, or the place where, authority to intercept is granted;
(c) A particular description of the type of communication sought to be intercepted, and a statement of the particular offense to which it relates;
(d) The identity of the agency authorized to intercept the communications, and of the person making the application; and
(e) The period of time during which such interception is authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained.
(5) An order authorizing the interception of a wire, electronic or oral communication shall, upon request of the applicant, direct that a provider of wire or electronic communication service, landlord, custodian, or other person shall furnish the applicant forthwith all information, facilities and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that such service provider, landlord, custodian or person is providing the person whose communications are to be intercepted. Any provider of wire or electronic communication service, landlord, custodian or other person furnishing such facilities or technical assistance shall be compensated therefor by the applicant for reasonable expenses incurred in providing such facilities or assistance.
(6) No order entered under this section may authorize the interception of any wire, electronic or oral communication for any period longer than is necessary to achieve the objective of the authorization, nor in any event longer than thirty (30) days. Such thirty (30) day period begins on the earlier of the day on which the investigative or law enforcement officer begins to conduct an interception under the order or ten (10) days after the order is entered. Extensions of an order may be granted, but only upon application for an extension made in accordance with subsection (1) of this section and the court making the findings required by subsection (3) of this section. The periods of extension shall be no longer than the authorizing court deems necessary to achieve the purposes for which it was granted and in no event for longer than thirty (30) days for each extension. Every order and extension thereof shall contain a provision that the authorization to intercept shall be executed as soon as practicable, shall be conducted in such a way as to minimize the interception of communications not otherwise subject to interception under this chapter, and must terminate upon attainment of the authorized objective, or in any event in thirty (30) days. In the event the intercepted communication is in a code or foreign language and an expert in that foreign language or code is not reasonably available during the interception period, minimization may be accomplished as soon as practicable after such interception. An interception under this chapter may be conducted in whole or in part by government personnel or by an individual operating under a contract with federal, state or local government and acting under the supervision of an investigative or law enforcement officer authorized to conduct the interception.
(7) Whenever an order authorizing interception is entered pursuant to this chapter, the order may require reports to be made to the judge who issued the order showing what progress has been made toward achievement of the authorized objective and the need for continued interception. Such reports shall be made at such intervals as the judge may require.
(8) (a) The contents of any wire, electronic or oral communication intercepted by any means authorized by this chapter shall, if possible, be recorded on tape or wire or other comparable device. The recording of the contents of any wire, electronic or oral communication under this subsection shall be done in such way as will protect the recording from editing or other alterations. Immediately upon the expiration of the period of the order, or extensions thereof, such recordings shall be made available to the judge issuing such order and sealed under his directions. Custody of the recordings shall be wherever the judge orders. They shall not be destroyed except upon an order of the issuing or denying court and in any event shall be kept for ten (10) years. Duplicate recordings may be made for use or disclosure pursuant to the provisions of subsections (1) and (2) of section 18-6707, Idaho Code, for investigations. The presence of the seal provided for by this subsection, or a satisfactory explanation for the absence thereof, shall be a prerequisite for the use or disclosure of the contents of any wire, electronic or oral communication or evidence derived therefrom under subsection (3) of section 18-6707, Idaho Code.
(b) Applications made and orders granted under this chapter shall be sealed by the judge. Custody of the applications and orders shall be wherever the judge directs. Such applications and orders shall be disclosed only upon a showing of good cause before a judge of competent jurisdiction and shall not be destroyed except on order of the issuing or denying judge and in any event shall be kept for ten (10) years.
(c) Any violation of the provisions of this subsection may be punished as contempt of the issuing or denying judge.
(d) Within a reasonable time but not later than ninety (90) days after the filing of an application for an order of approval under this section which is denied or the termination of the period of an order or extensions thereof, the issuing or denying judge shall cause to be served, on the persons named in the order or the application, and such other parties to intercepted communications as the judge may determine in his discretion that is in the interest of justice, an inventory which shall include notice of:
(1) The fact of the entry of the order or the application;
(2) The date of the entry and the period of authorized, approved or disapproved interception, or the denial of the application; and
(3) The fact that during the period wire, electronic or oral communications were or were not intercepted.
The judge, upon the filing of a motion, may in his discretion make available to such person or his counsel for inspection such portions of the intercepted communications, applications and orders as the judge determines to be in the interest of justice. On an ex parte showing of good cause to a judge of competent jurisdiction the serving of the inventory required by this subsection may be postponed.
(9) The contents of any intercepted wire, electronic or oral communication or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in a federal or state court unless each party, not less than ten (10) days before the trial, hearing, or proceeding has been furnished with a copy of the court order and accompanying application under which the interception was authorized. This ten (10) day period may be waived by the court if it finds that it was not possible to furnish the party with the above information ten (10) days before the trial, hearing, or proceeding and that the party will not be prejudiced by the delay in receiving such information.
(10) (a) Any aggrieved person in any trial, hearing, or proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, a state, or a political subdivision thereof, may move to suppress the contents of any intercepted wire, electronic or oral communication, or evidence derived therefrom, on the grounds that:
The communication was unlawfully intercepted;
The order of authorization under which it was intercepted is insufficient on its face; or
The interception was not made in conformity with the order of authorization.
Such motion shall be made before the trial, hearing, or proceeding, pursuant to the Idaho rules of criminal or civil procedure or the hearing rules of the respective body, as applicable.
(b) In addition to any other right to appeal, the state of Idaho shall have the right to appeal from an order granting a motion to suppress made under paragraph (a) of this subsection. Such appeal shall be taken within thirty (30) days after the date the order was entered.
(c) The remedies and sanctions described in this section with respect to the interception of electronic communications are the only judicial remedies and sanctions for nonconstitutional violations of this chapter involving such communications.
(11) The requirements of subsections (1)(b)(ii) and (3)(d) of this section relating to the specification of the facilities from which, or the place where, the communication is to be intercepted do not apply if:
(a) In the case of an application with respect to the interception of an oral communication:
(i) The application contains a full and complete statement as to why such specification is not practical and identifies the person committing the offense and whose communications are to be intercepted; and
(ii) The judge finds that such specification is not practical; and
(b) In the case of an application with respect to a wire or electronic communication:
(i) The application identifies the person believed to be committing the offense and whose communications are to be intercepted and the applicant makes a showing that there is probable cause to believe that the person’s actions could have the effect of thwarting interception from a specified facility;
(ii) The judge finds that such showing has been adequately made; and
(iii) The order authorizing or approving the interception is limited to interception only for such time as it is reasonable to presume that the person identified in the application is or was reasonably proximate to the instrument through which such communication will be or was transmitted.
(12) An interception of a communication under an order with respect to which the requirements of subsections (1)(b)(ii) and (3)(d) of this section do not apply by reason of subsection (11)(a) of this section shall not begin until the place where the communication is to be intercepted is ascertained by the person implementing the interception order. A provider of wire or electronic communications service that has received an order as provided for in subsection (11)(b) of this section may move the court to modify or quash the order on the ground that its assistance with respect to the interception cannot be performed in a timely or reasonable fashion. The court, upon notice to the state, shall decide such a motion expeditiously.
[18-6708, added 1980, ch. 326, sec. 2, p. 837; am. 2002, ch. 223, sec. 8, p. 639.]
Any person whose wire, electronic or oral communication is intercepted, disclosed, or used in violation of this chapter shall have a civil cause of action against any person who intercepts, discloses, uses, or procures any other person to intercept, disclose, or use such communications, and shall be entitled to recover from any such person:
(a) Actual damages, but not less than liquidated damages computed at the rate of one hundred dollars ($100) a day for each day of violation or one thousand dollars ($1,000), whichever is higher;
(b) Punitive damages; and
(c) A reasonable attorney’s fee and other litigation costs reasonably incurred.
A good faith reliance on a court order shall constitute a complete defense to any civil or criminal action under the laws of this state.
[18-6709, added 1980, ch. 326, sec. 2, p. 841; am. 2002, ch. 223, sec. 9, p. 643.]
(1) Any person who, with intent to annoy, terrify, threaten, intimidate, harass, or offend, contacts another via telecommunication, email, text message, or any other form of electronic communication and (a) addresses to or about such person any obscene, lewd, or profane language, or makes any request, suggestion, or proposal that is obscene, lewd, lascivious, or indecent; or (b) addresses to such other person any threat to inflict injury or physical harm to the person or property of the person addressed or any member of his family, or any other person; or (c) by repeated anonymous or identified telecommunications, emails, text messages, or any other form of electronic communication whether or not conversation ensues, disturbs the peace or attempts to disturb the peace, quiet, or right of privacy of any person at the place where the telecommunication, email, text message, or any other form of electronic communication is received is guilty of a misdemeanor and, upon conviction thereof, shall be sentenced to a term of not to exceed one (1) year in the county jail. Upon a second or subsequent conviction, 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.
(2) The use of obscene, lewd, or profane language or the making of a threat or obscene proposal, or the sending of repeated anonymous telecommunications, emails, text messages, or any other form of electronic communication as set forth in this section may be prima facie evidence of intent to annoy, terrify, threaten, intimidate, harass, or offend.
(3) For the purposes of this section, the term "telecommunication" shall mean the transmission of messages, signals, facsimiles, video images, or other communication between persons who are physically separated from each other by means of telephone, telegraph, cable, wire, or the projection of energy without physical connection.
[18-6710, added 1980, ch. 326, sec. 2, p. 841; am. 1994, ch. 167, sec. 5, p. 376; am. 2024, ch. 253, sec. 1, p. 892.]
(1) Every person who telephones another and knowingly makes any false statements concerning injury, death, disfigurement, indecent conduct or criminal conduct of the person telephoned or any member of his family, with intent to terrify, intimidate, harass or annoy the called person, is guilty of a misdemeanor. Upon a second or subsequent conviction of the violation of the provisions of this section, the defendant shall be guilty of a felony.
(2) The making of a false statement as herein set out may be prima facie evidence of intent to terrify, intimidate, harass or annoy.
(3) For the purposes of this section, the term "telephone" shall mean any device which provides transmission of messages, signals, facsimiles, video images or other communication between persons who are physically separated from each other by means of telephone, telegraph, cable, wire or the projection of energy without physical connection.
[18-6711, added 1980, ch. 326, sec. 2, p. 842; am. 1994, ch. 167, sec. 6, p. 376.]
(a) Any person calling the number "911" for the purpose of making a false alarm or complaint and reporting false information which could or does result in the emergency response of any firefighting, police, medical or other emergency services shall be guilty of a misdemeanor and upon conviction thereof shall be sentenced to a fine of not to exceed one thousand dollars ($1,000) or to a term of not to exceed one (1) year in the county jail, or to both such fine and imprisonment.
(b) In addition to the criminal penalties for violation of the provisions of this section, civil damages may be recovered from the person so convicted in an amount of three (3) times the amount necessary to compensate or reimburse the complainant for costs incurred, losses sustained or other damages suffered in receiving, acting upon or responding to the false alarm, complaint or report. If the person so convicted is under the age of eighteen (18) years of age, the parent having legal custody of the minor may be jointly and severally liable with the minor for such civil damages as are imposed. Recovery from the parents shall not be limited by any other provision of law which limits the liability of a parent for the tortious or criminal conduct of a minor. A parent not having legal custody of the minor shall not be liable for civil damages imposed hereunder.
[18-6711A, added 1990, ch. 133, sec. 1, p. 306; am. 2005, ch. 359, sec. 10, p. 1136; am. 2012, ch. 257, sec. 3, p. 709.]
Any offense committed by use of a telephone as provided by this chapter may be deemed to have been committed at either the place at which the telephone call or calls were made or at the place where the telephone call or calls were received.
[18-6712, added 1980, ch. 326, sec. 2, p. 842.]
(1) As used in this section:
(a) "Clone cellular telephone" or "counterfeit cellular telephone" is a cellular telephone whose electronic serial number has been altered from the electronic serial number that was programmed in the telephone by the manufacturer by someone other than the manufacturer.
(b) "Cloning paraphernalia" means materials that, when possessed in combination, are capable of creating a cloned cellular telephone. These materials include: scanners to intercept the electronic serial number and mobile identification number, cellular telephones, cables, EPROM chips, EPROM burners, software for programming the cloned phone with a false electronic serial number and mobile identification number combination, a computer containing such software and lists of electronic serial number and mobile identification number combinations.
(c) "Electronic serial number" means the unique number that was programmed into a cellular telephone by its manufacturer which is transmitted by the cellular phone and used by cellular telephone providers to validate radio transmissions to the system as having been made by an authorized device.
(d) "EPROM" or "erasable programmable read-only memory" means an integrated circuit memory that can be programmed from an external source and erased, for reprogramming, by exposure to ultraviolet light.
(e) "Illegal telecommunications equipment" means any instrument, apparatus, equipment, or device which is designed or adapted, and otherwise used or intended to be used for the theft of any telecommunication service or for concealing from any supplier of telecommunication service or lawful authority the existence, place of origin, use or destination of any telecommunication.
(f) "Intercept" means to electronically capture, record, reveal or otherwise access the signals emitted or received during the operation of a cellular telephone without the consent of the sender or receiver of the signals, by means of any instrument, device or equipment.
(g) "Mobile identification number" means the cellular telephone number assigned to the cellular telephone by the cellular telephone carrier.
(h) "Possess" means to have physical possession or otherwise to exercise dominion or control over tangible property.
(i) "Telecommunication service" means a service which, in exchange for a pecuniary consideration, provides or offers to provide transmission of messages, signals, facsimiles, video images or other communication between persons who are physically separated from each other by means of telephone, telegraph, cable, wire, or the projection of energy without physical connection.
(2) It is unlawful intentionally to:
(a) Make illegal telecommunications equipment; or
(b) Sell, give, or furnish to another or advertise or offer for sale illegal telecommunications equipment; or
(c) Sell, give, or furnish to another or advertise or offer for sale any plans or instructions for making, assembling, or using illegal telecommunications equipment; or
(d) Use or possess illegal telecommunications equipment.
(3) It is unlawful intentionally to:
(a) Make clone cellular telephones; or
(b) Sell, give or furnish to another or advertise or offer for sale clone cellular telephones; or
(c) Sell, give or furnish to another or advertise or offer for sale any plans or instructions for making, assembling, or using clone cellular telephones; or
(d) Use or possess illegal cloning paraphernalia; or
(e) Use a clone cellular telephone or counterfeit telephone to facilitate the commission of a felony.
(4) It is theft of telecommunications services to use, receive, or control telecommunications services without paying the pecuniary consideration regularly charged by the supplier of the telecommunication services used, received or controlled.
(a) Actual knowledge by the supplier of the telecommunication services that a person is or has been using, receiving or controlling the services shall not be a defense to the crime of theft of telecommunication services.
(5) A person who violates the provisions of subsection (2)(d) of this section commits a crime and shall be punished as follows:
(a) The first conviction shall be a misdemeanor, which shall be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment in the county jail for a term not to exceed six (6) months, or by both such fine and imprisonment.
(b) Conviction of a second or subsequent violation shall be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment in the county jail for a term not to exceed one (1) year, or by both such fine and imprisonment.
(6) A person who violates the provisions of either subsection (2)(a), (b) or (c) of this section commits a misdemeanor and shall be punished by a fine not to exceed one thousand dollars ($1,000), or by imprisonment in the county jail for a term not to exceed one (1) year, or by both such fine and imprisonment.
(7) A person who violates the provisions of subsection (3) of this section commits a felony.
(8) In a prosecution for violation of the provisions of subsection (2), (3) or (4) of this section, the element of intent may be established by proof that the defendant obtained such services by any of the following means:
(a) By use of a code, prearranged scheme, or other similar stratagem or device whereby said person, in effect, sends or receives information;
(b) Without the consent of the supplier of the telecommunication services, the installation, connection, or alteration of any equipment, cable, wire, antenna or facilities capable of either physically, inductively, acoustically, or electronically enabling a person to use, receive or control telecommunication services without paying the regular pecuniary charge;
(c) By any other trick, stratagem, impersonation, false pretense, false representation, false statement, contrivance, device, or means; or
(d) By making, assembling, or possessing any instrument, apparatus, equipment, or device or the plans or instructions for the making or assembling of any instrument, apparatus, equipment, or device which is designed, adapted, or otherwise used or intended to be used to avoid the lawful charge, in whole or in part, for any telecommunications service by concealing the use, existence, place of origin, or destination of any telecommunications.
(9) The supplier of telecommunication services which is directly affected by the commission of any of the acts prohibited under subsections (2), (3) and (4) of this section shall, regardless of whether there was a criminal conviction, have a civil cause of action against the person who commits any of the prohibited acts. The prevailing party shall be awarded all reasonable costs of litigation including, but not limited to, attorney’s fees and court costs. If the supplier prevails, he shall recover additionally:
(a) Actual damages; or
(b) Liquidated damages of ten dollars ($10.00) per day for each day of the violation or five hundred dollars ($500), whichever is greater; or
(c) If actual damages are greater than five hundred dollars ($500), and, if proven, punitive damages.
(10) Nothing in this section shall be construed to make unlawful the interception or receipt by any person or the assisting, including the manufacture or sale, of such interception or receipt, of any satellite cable programs for private viewing as defined and specifically permitted under the "Cable Communications Policy Act of 1984."
[18-6713, added 1980, ch. 326, sec. 2, p. 842; am. 1985, ch. 32, sec. 1, p. 64; am. 1988, ch. 354, sec. 1, p. 1055; am. 1997, ch. 144, sec. 1, p. 417; am. 2005, ch. 359, sec. 11, p. 1137.]
(1) A person commits the offense of aiding the avoidance of telecommunications charges when he:
(a) Publishes the number or code of an existing, canceled, revoked, expired, or nonexistent credit card or the numbering or coding which is employed in the issuance of credit cards with the purpose that it will be used to avoid the payment of lawful telecommunications charges; or
(b) Publishes, advertises, sells, gives, or otherwise transfers to another plans or instructions for the making or assembling of any apparatus, instrument, equipment, or device described in section 18-6713, Idaho Code, with the purpose that such will be used or with the knowledge or reason to believe that such will be used to avoid the payment of lawful telecommunications charges.
(2) A person convicted of the offense of aiding the avoidance of telecommunications charges shall be punished according to the provisions of section 18-6713, Idaho Code.
(3) For the purposes of this section, the term "publish" means to communicate information to any one or more persons either orally; in person; by telephone, radio, or television; or in a writing of any kind.
[18-6714, added 1980, ch. 326, sec. 2, p. 843; am. 1997, ch. 144, sec. 2, p. 419.]
Every person who knowingly and willfully sends by telegraph to any person a false or forged message purporting to be from such telegraph office, or from any other person, or who willfully delivers or causes to be delivered to any person any such message falsely purporting to have been received by telegraph, or who furnishes or conspires to furnish, or causes to be furnished to any agent, operator, or employee, to be sent by telegraph or to be delivered, any such message, knowing the same to be false or forged with the intent to deceive, injure, or defraud another, is punishable 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 such fine and imprisonment.
[18-6715, added 1980, ch. 326, sec. 2, p. 843.]
Every person not connected with any telegraphic office who without the authority or consent of the person to whom the same may be directed, willfully opens any sealed envelope enclosing a telegraphic message and addressed to any other person, with the purpose of learning the contents of such message, or who fraudulently represents any other person, and thereby procures to be delivered to himself any telegraphic message addressed to such other person, with the intent to use, destroy or detain the same from the person or persons entitled to receive such message, is punishable as provided in section 18-6715, Idaho Code.
[18-6716, added 1980, ch. 326, sec. 2, p. 844.]
Every agent, operator or employee of any telegraph office who willfully refuses or neglects to send any message received at such office for transmission, or willfully postpones the same out of its order, or willfully refuses or neglects to deliver any message received by telegraph, is guilty of a misdemeanor. Nothing herein contained shall be construed to require any message to be received, transmitted or delivered unless the charges thereon have been paid or tendered.
[18-6717, added 1980, ch. 326, sec. 2, p. 844.]
(1) Every person who willfully opens or breaks the seal, or reads, or causes to be read, any sealed mail not addressed to such person without being authorized to do so either by the writer or by the person to whom it is addressed, and every person who, without the like authority, publishes any of the contents of such mail knowing the same to have been unlawfully opened, is guilty of a misdemeanor.
(2) For the purposes of this section, "mail" means any written communication or package that is designed to be carried by the United States postal service or any other federally regulated carrier of packages, parcels or letters.
[18-6718, added 1980, ch. 326, sec. 2, p. 844; am. 1994, ch. 167, sec. 7, p. 377.]
(1) "Attorney general" means the attorney general of the state of Idaho;
(2) "Pen register" means a device which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which such device is attached, but such term does not include any device used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by such provider or any device used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business;
(3) "Prosecuting attorney" means the prosecuting attorney of each county of the state of Idaho;
(4) "Trap and trace device" means a device which captures the incoming electronic or other impulses which identify the originating number of an instrument or device from which a wire or electronic communication was transmitted.
[18-6719, added 1987, ch. 215, sec. 1, p. 461.]
(1) Except as provided in section 18-6720, Idaho Code, no person may install or use a pen register or a trap and trace device without first obtaining a court order under section 18-6722, Idaho Code.
(2) The prohibition of subsection (1) of this section does not apply with respect to the use of a pen register or a trap and trace device by a provider of electronic or wire communication service:
(a) Relating to the operation, maintenance, and testing of a wire or electronic communication service or to the protection of the rights or property of such provider, or to the protection of users of that service from abuse of service or unlawful use of service; or
(b) To record the fact that a wire or electronic communication was initiated or completed in order to protect such provider, another provider furnishing service toward the completion of the wire communication, or a user of that service, from fraudulent, unlawful or abusive use of service; or
(c) Where the consent of the user of that service has been obtained.
(3) Whoever knowingly violates the provisions of subsection (1) of this section shall be guilty of a misdemeanor.
[18-6720, added 1987, ch. 215, sec. 2, p. 461.]
(1) The prosecuting attorney or attorney general may make application for an order or an extension of an order under section 18-6722, Idaho Code, authorizing or approving the installation and use of a pen register or a trap and trace device under this chapter, in writing under oath or equivalent affirmation to the district court.
(2) An application under subsection (1) of this section shall include:
(a) The identity of the prosecuting attorney or attorney general making the application and the identity of the law enforcement agency conducting the investigation; and
(b) A certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency.
[18-6721, added 1987, ch. 215, sec. 3, p. 462.]
(1) Upon an application made under section 18-6721, Idaho Code, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device within the jurisdiction of the court if the court finds that the prosecuting attorney, the attorney general, or the state law enforcement or investigative officer has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation.
(2) An order issued under this section:
(a) Shall specify–
The identity, if known, of the person to whom is leased or in whose name is listed the telephone line to which the pen register or trap and trace device is to be attached;
The identity, if known, of the person who is the subject of the criminal investigation;
The number and, if known, physical location of the telephone line to which the pen register or trap and trace device is to be attached and, in the case of a trap and trace device, the geographic limits of the trap and trace order; and
A statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates; and
(b) Shall direct, upon the request of the applicant, the furnishing of information, facilities, and technical assistance necessary to accomplish the installation of the pen register or trap and trace device under section 18-6723, Idaho Code.
(3) An order issued under this section shall authorize the installation and use of a pen register or a trap and trace device for a period not to exceed sixty (60) days. Extensions of such an order may be granted, but only upon an application for an order under section 18-6721, Idaho Code, and upon the judicial finding required by subsection (1) of this section. The period of extension shall be for a period not to exceed sixty (60) days.
(4) An order authorizing or approving the installation and use of a pen register or a trap and trace device shall direct that:
(a) The order be sealed until otherwise ordered by the court; and
(b) The person owning or leasing the line to which the pen register or a trap and trace device is attached, or who has been ordered by the court to provide assistance to the applicant, not disclose the existence of the pen register or trap and trace device or the existence of the investigation to the listed subscriber, or to any other person, unless or until otherwise ordered by the court.
[18-6722, added 1987, ch. 215, sec. 4, p. 462.]
(1) Upon the request of the prosecuting attorney or attorney general, or an officer of a law enforcement agency authorized to install and use a pen register, a provider of wire or electronic communication service, landlord, custodian, or other person shall furnish the applicant, investigative or law enforcement officer forthwith all information, facilities, and technical assistance necessary to accomplish the installation of the pen register unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if such assistance is directed by a court order as provided in section 18-6722, Idaho Code.
(2) Upon the request of a prosecuting attorney or attorney general, or an officer of a law enforcement agency authorized to receive the results of a trap and trace device, a provider of a wire or electronic communication service, landlord, custodian, or other person shall install such device forthwith on the appropriate line and shall furnish such investigative or law enforcement officer all additional information, facilities and technical assistance including installation and operation of the device unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if such installation and assistance is directed by a court order as provided in section 18-6722(2)(b), Idaho Code. Unless otherwise ordered by the court, the results of the trap and trace device shall be furnished to the officer of a law enforcement agency, designated in the court, at reasonable intervals during regular business hours for the duration of the order.
(3) A provider of a wire or electronic communication service, landlord, custodian, or other person who furnishes facilities or technical assistance pursuant to this section shall be reasonably compensated for such reasonable expenses incurred in providing such facilities and assistance.
(4) No cause of action shall lie in any court against any provider of a wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order under this chapter.
(5) A good faith reliance on a court order, a legislative authorization, or a statutory authorization is a complete defense against any civil or criminal action brought under this chapter or any other law.
[18-6723, added 1987, ch. 215, sec. 5, p. 463.]
Any pen register or trap and trace device installed prior to the effective date of this act which would be valid and lawful without regard to the amendments made by sections 18-6719 and 18-6724, Idaho Code, shall be valid and lawful.
[18-6725, added 1987, ch. 215, sec. 7, p. 464.]
(1) As used in this section, "TikTok" means the social networking service owned by the Chinese company ByteDance Limited or any successor application.
(2) No person or entity that contracts with the state government and no member or employee of:
(a) The executive branch, the state legislature, or the judiciary;
(b) Any state-funded agency, department, organization, commission, office, division, board, bureau, council, college, university, administration, or corrections industry or any other division or subdivision that is funded in whole or in part through funds appropriated in the state budget; or
(c) The Idaho air national guard, Idaho army national guard, or Idaho state police, not including use for gathering military intelligence or criminal investigations by law enforcement,
shall download or use the TikTok application or visit the TikTok website on any network owned by, operated by, or otherwise under the control of state government or on any state government-issued device, including but not limited to a cellular phone, a computer, or any other device capable of internet connectivity.
(3) The executive branch, the legislative branch, and the judicial branch shall implement controls to prevent the use of TikTok on state government-issued equipment or while connected to any network owned, operated, or otherwise under the control of state government.
(4) Any person who knowingly violates the provisions of subsection (2) of this section shall be guilty of a misdemeanor.
[18-6726, added 2023, ch. 136, sec. 2, p. 380.]
Every person who maliciously displaces, removes, injures or destroys any public telephone instrument or any part thereof or any equipment or facilities associated therewith, or who enters or breaks into any coin box associated therewith, or who willfully displaces, removes, injures or destroys any telegraph or telephone line, wire, cable, pole or conduit belonging to another or the material or property appurtenant thereto is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding 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.
[18-6801, added 1972, ch. 336, sec. 1, p. 970; am. 2006, ch. 71, sec. 17, p. 221.]
Any person who shall wilfully cut down or burn, or otherwise materially injure, any electric light pole, or shall shoot so as to materially injure any insulator, or knock said insulator loose from the pole to which it is attached, or otherwise materially injure such insulator, or who shall shoot any electric light wire, thereby breaking said wire, or who shall otherwise wilfully cut, break, or injure such wire, shall, upon conviction be guilty of a misdemeanor.
[I.C., sec. 18-6802, as added by 1972, ch. 336, sec. 1, p. 970; am. 1991, ch. 45, sec. 1, p. 84.]
It shall be unlawful for anyone within the state of Idaho to take down, remove, injure, obstruct, displace or destroy, wilfully or maliciously and without the consent of the owner, any line erected or constructed for the transmission of electrical current, or any poles, wires, conduits, cables, insulators, or any support upon which wires or cables may be suspended, or any part of any such line or appurtenances or apparatus connected therewith, or to sever any wire or cable thereof, or in any manner to interrupt the transmission of electrical current over and along any such line, or to take down, remove, injure or destroy any house, shop, building or other structure, or appurtenances thereto, or any machinery connected therewith or necessary to the use of any line erected or constructed for the transmission of electrical current:
Provided, nothing in this section shall be construed to prevent any person, after having given ten days’ written notice, from removing or causing to be removed from his premises, or premises occupied by him, any of the above described line or lines, wires, conduits, cables, insulators or apparatus connected therewith; provided further, any such removals must be made by or under the direction of a skillful and competent electrician.
[18-6803, added 1972, ch. 336, sec. 1, p. 970.]
It shall be unlawful for any person within the state of Idaho to set fire, wilfully or maliciously, that shall result in the destruction or injury of any line erected or constructed for the transmission of electrical current, or any poles, conduits, cables, wires, insulators or any support upon which wires or cables may be suspended, or any part of any such line or appurtenances or apparatus connected therewith, or any house, shop, building or other structure, or appurtenances thereto, or machinery connected therewith, or necessary to the use of, any line erected or constructed for the transmission of electrical current, or to set fire that shall in any manner interrupt the transmission of electrical current along such line.
[18-6804, added 1972, ch. 336, sec. 1, p. 971.]
Any person or persons violating any provision or provisions of the two preceding sections or any part of said sections, shall, upon conviction thereof, be punished by a fine not exceeding $500.00, or by imprisonment in the penitentiary not to exceed ten years, or by both such fine and imprisonment, in the discretion of the court.
[18-6805, added 1972, ch. 336, sec. 1, p. 971.]
Any person using a telephone line by which use restricts or denies use of such line by other persons shall relinquish the use of such line to any other person requesting the use of such line for emergency messages.
[I.C., sec. 18-6806, as added by 1972, ch. 336, sec. 1, p. 971.]
Any person requesting that another person using a telephone line relinquish the use of such line for the purpose of an emergency message shall inform such person of the nature of the emergency, and their name and telephone number upon request.
[I.C., sec. 18-6807, as added by 1972, ch. 336, sec. 1, p. 971.]
Emergency telephone calls for the purpose of this act are calls for police, medical and fire aid.
[I.C., sec. 18-6808, as added by 1972, ch. 336, sec. 1, p. 972.]
Any person using such line, failing or refusing to relinquish such line upon proper request, shall be guilty of a misdemeanor. Any person fraudulently procuring use of such line for nonexisting emergency shall be guilty of a misdemeanor.
[I.C., sec. 18-6809, as added by 1972, ch. 336, sec. 1, p. 972.]
(1) Any person who intentionally takes down, removes, injures or obstructs in any manner any telecommunication line or, any part thereof, or appurtenances or apparatus connected therewith, or severs any wire thereof or who intentionally takes, withholds, takes down, removes, injures or obstructs any telephone instrument or other instrument that is used or could be used to facilitate the transmission of messages, signals, facsimiles, video images or other communication by means of telephone, telegraph, cable, wire or the projection of energy or waves without physical connection (such as wireless or cellular), with the intent to prohibit, disrupt, inhibit, delay, disconnect or otherwise interfere with a person’s ability to make contact with or otherwise communicate with an emergency service provider is guilty of a misdemeanor and shall be punished by a fine of up to one thousand dollars ($1,000) or by imprisonment in the county jail for up to one (1) year, or both.
(2) For purposes of this statute, a "telecommunication line" shall be defined as any line used or that could be used for the transmission of any type of message or information, regardless of form or content.
(3) For purposes of this statute, an "emergency service provider" includes law enforcement, emergency medical service providers (including, but not limited to, ambulance, EMS, or paramedic service providers), fire suppression service providers, dispatch centers, dispatch personnel, and any person, entity, or security business (including private business) that has the authority to dispatch such service providers or that otherwise makes available the service of requesting a response, or providing notification of the need for a response, by any of the foregoing emergency service providers. The term "emergency service provider" shall also include any personnel, service or entity that can be contacted, either directly or indirectly, by dialing "911."
[18-6810, added 2002, ch. 227, sec. 1, p. 654; am. 2003, ch. 247, sec. 1, p. 638.]
This chapter shall be known and may be cited as the "Idaho Anti-Camcorder Piracy Act."
[18-6901, added 2005, ch. 239, sec. 1, p. 742.]
As used in this chapter:
(1) "Audiovisual recording function" means the capability of a device to record or transmit a motion picture or any part thereof by means of any technology now known or later developed.
(2) "Motion picture theater" means a movie theater, screening room, or other venue that is being utilized primarily for the exhibition of a motion picture at the time of the offense.
[18-6902, added 2005, ch. 239, sec. 1, p. 742.]
Any person who, without the written consent of the motion picture theater owner, knowingly operates the audiovisual recording function of any device in a motion picture theater while a motion picture is being exhibited for the purpose of recording the motion picture being exhibited shall be guilty of a misdemeanor and upon conviction shall be imprisoned for not more than one (1) year, fined not more than five thousand dollars ($5,000), or shall be punished by both such fine and imprisonment.
[18-6903, added 2005, ch. 239, sec. 1, p. 742.]
(1) The owner or lessee of a motion picture theater, or the authorized agent or employee of such owner or lessee may request a person on his premises to place or keep in full view any audiovisual recording device or related item such person may have operated, or which the owner or lessee or authorized agent or employee of such owner or lessee has reason to believe he may have operated, in violation of the provisions of this chapter. No merchant shall be criminally or civilly liable on account of having made such a request.
(2) The owner or lessee of a motion picture theater, or the authorized agent or employee of such owner or lessee, who has reason to believe that any audiovisual recording device or related item has been operated by a person in violation of this chapter and that he can recover such audiovisual recording device or related item by taking such a person into custody and detaining him may, for the purpose of attempting to effect such recovery or for the purpose of informing a peace officer of the circumstances of such detention, take the person into custody and detain him, in a reasonable manner and for a reasonable length of time.
[18-6904, added 2005, ch. 239, sec. 1, p. 742.]
(1) This chapter does not prevent any lawfully authorized investigative, law enforcement, protective, or intelligence-gathering employee or agent of the federal government, the state or a political subdivision of the state, from operating any audiovisual recording device in a motion picture theater as part of lawfully authorized investigative, law enforcement, protective, or intelligence-gathering activities.
(2) Nothing in this chapter shall prevent prosecution instead under other applicable law providing a greater penalty.
[18-6905, added 2005, ch. 239, sec. 1, p. 743.]
(1) Except as otherwise provided in subsection (2) of this section, every person who maliciously injures or destroys any real or personal property not his own, or any jointly owned property without permission of the joint owner, or any property belonging to the community of the person’s marriage, in cases otherwise than such as are specified in this code, is guilty of a misdemeanor and shall be punishable by imprisonment in the county jail for up to one (1) year or a fine of not more than one thousand dollars ($1,000), or both.
(2) A person is guilty of a felony, and shall be punishable by imprisonment in the state prison for not less than one (1) year nor more than five (5) years, and may be fined not more than one thousand dollars ($1,000), or by both such fine and imprisonment, if:
(a) The damages caused by a violation of this section exceed one thousand dollars ($1,000) in value; or
(b) Any series of individual violations of this section are part of a common scheme or plan and are aggregated in one (1) count, and the damages from such violations when considered together exceed one thousand dollars ($1,000) in value.
[18-7001, added 1972, ch. 336, sec. 1, p. 973; am. 1973, ch. 186, sec. 1, p. 432; am. 1998, ch. 354, sec. 1, p. 1112; am. 2005, ch. 118, sec. 1, p. 378.]
The specification of the acts enumerated in the following sections of this chapter is not intended to restrict or qualify the interpretation of the preceding section.
[18-7002, added 1972, ch. 336, sec. 1, p. 973.]
Any person who shall wilfully or carelessly set on fire, or cause to be set on fire, any timber or prairie lands in this state, thereby destroying the timber, grass or grain on any such lands, or any person who shall build a camp fire in any woods, or on any prairie, and leave the same without totally extinguishing such fire, or any railway company which shall permit any fire to spread from its right-of-way to the adjoining lands, is guilty of a misdemeanor.
[18-7004, added 1972, ch. 336, sec. 1, p. 974.]
Any person who shall throw any lighted cigarette, cigar, match, ashes, or other flaming or glowing substance or any substance or thing which may cause a fire, from any vehicle, or who shall throw, deposit, or leave any lighted cigarette, cigar, match, ashes or other flaming or glowing substance or any substance or thing which may cause a fire in any place where the same may directly or indirectly cause a fire resulting in damage to forage on the lands of the United States or the state of Idaho or to the property of any person, is guilty of a misdemeanor and shall be punished accordingly.
[18-7005, added 1972, ch. 336, sec. 1, p. 974.]
It shall be unlawful for any person, upon the private property of another, to intentionally look, peer or peek in the door, window, or other transparent opening of any inhabited building or other structure located thereon, without visible or lawful purpose. Any person who violates the provisions of this section shall be guilty of a misdemeanor.
[18-7006, added 1999, ch. 209, sec. 1, p. 559.]
(1) Definitions. As used in this section:
(a) "Crops" means field crops including, but not limited to, grains, feed crops, legumes, fruits and vegetables.
(b) "Cultivated land" means:
(i) Land whose soil is loosened or broken up for the raising of crops;
(ii) Land used for the raising of crops; or
(iii) Pasturage that is artificially irrigated.
(c) "Damage" means any injury or damage to real or personal property and includes, but is not limited to, any of the following actions, when conducted without lawful authority, the consent of the landowner or his agent, or a valid license:
(i) Cutting down or carrying off any wood, underbrush, tree or timber, or girdling or otherwise injuring any tree or timber on the land of another;
(ii) Severing from the property of another anything attached thereto, or the produce thereof;
(iii) Digging, taking or carrying away any earth, soil or stone from the property of another;
(iv) Tearing down or otherwise damaging any fence on the land of another person, or opening any gate, bar or fence of another person and leaving it open, or using the corral or corrals of another person;
(v) Dumping trash or covering up in any manner the property of another person;
(vi) The unprovoked, intentional killing or injuring of a domestic animal of another on his property;
(vii) Removing, mutilating, damaging or destroying any "no trespassing" signs or markers of similar meaning;
(viii) Going through or driving a motor vehicle, as defined in sections 49-114 and 49-123, Idaho Code, into, upon, over or through any cultivated lands; or
(ix) Injuring livestock.
(d) "Enter" or "enters" means going upon or over real property either in person or by causing any object, substance or force to go upon or over real property.
(e) "Navigable streams" shall have the meaning set forth in section 36-1601, Idaho Code.
(f) "Permission" means written authorization from the owner or his agent to enter upon private land, which shall include the signature of the owner or his agent, the name of the person being given permission, the appropriate dates that the permission is valid and a general description of the property; or another form of permission or invitation recognized by law.
(g) "Remains" means to fail to depart from the real property of another immediately when notified to do so by the owner or his agent.
(2) Acts constituting criminal trespass.
(a) A person commits criminal trespass and is guilty of a misdemeanor, except as provided in subsection (3)(a)(i) of this section, when he enters or remains on the real property of another without permission, knowing or with reason to know that his presence is not permitted. A person has reason to know his presence is not permitted when, except under a landlord-tenant relationship, he fails to depart immediately from the real property of another after being notified by the owner or his agent to do so, or he returns without permission or invitation within one (1) year, unless a longer period of time is designated by the owner or his agent. In addition, a person has reason to know that his presence is not permitted on real property that meets any of the following descriptions:
(i) The property is reasonably associated with a residence or place of business;
(ii) The property is cultivated;
(iii) The property is fenced or otherwise enclosed in a manner that a reasonable person would recognize as delineating a private property boundary. Provided, however, if the property adjoins or is contained within public lands, the fence line adjacent to public land is posted with conspicuous "no trespassing" signs or bright orange or fluorescent paint at the corners of the fence adjoining public land and at all navigable streams, roads, gates and rights-of-way entering the private land from the public land, and is posted in a manner that a reasonable person would be put on notice that it is private land; or
(iv) The property is unfenced and uncultivated but is posted with conspicuous "no trespassing" signs or bright orange or fluorescent paint at all property corners and boundaries where the property intersects navigable streams, roads, gates and rights-of-way entering the land, and is posted in a manner that a reasonable person would be put on notice that it is private land.
(b) A person commits criminal trespass and is guilty of a misdemeanor when he enters or remains on the premises of a church or house of worship without permission, knowing or with reason to know that his presence is not permitted and with the intent to intimidate or harass or to disrupt a church service or assemblage of people meeting for religious worship.
(c) Every person who commits a criminal trespass as provided by this section and who causes damage to real or personal property in excess of one thousand dollars ($1,000) while trespassing is guilty of criminal trespass with damage and is guilty of a misdemeanor, except as provided in subsection (3)(b)(iii) of this section.
(3) Penalties.
(a) Penalties for criminal trespass.
(i) Any person who pleads guilty to or is found guilty of a violation of subsection (2)(a) of this section for the first time:
If no damage of any kind was committed during the trespass and the person accused does not remain if ordered to depart by the owner of the real property or his agent, then the person shall be guilty of an infraction and fined in the amount of three hundred dollars ($300); or
Except as provided in subparagraph (i)1. of this paragraph, the person may be sentenced to jail for a period of no more than six (6) months and shall be fined in an amount no less than five hundred dollars ($500) and no more than one thousand dollars ($1,000).
(ii) Any person who pleads guilty to or is found guilty of a violation of subsection (2)(b) of this section for the first time shall be guilty of a misdemeanor and may be sentenced to jail for a period of no more than six (6) months and shall be fined in an amount no less than five hundred dollars ($500) and no more than one thousand dollars ($1,000).
(iii) Any person who pleads guilty to or is found guilty of a violation of subsection (2)(a) or (b) of this section for a second time within five (5) years:
May be sentenced to jail for a period of no more than six (6) months;
Shall be fined in an amount no less than one thousand five hundred dollars ($1,500) and no more than three thousand dollars ($3,000); and
If the trespass can be reasonably construed to have been committed in a manner described in section 36-1603(a), Idaho Code, shall have any license issued pursuant to chapter 3, title 36, Idaho Code, suspended for a period of one (1) year.
(iv) Any person who pleads guilty to or is found guilty of a violation of subsection (2)(a) or (b) of this section, who previously has been found guilty of or has pled guilty to two (2) or more violations of the provisions of subsection (2) of this section within ten (10) years, notwithstanding the form of the judgments or withheld judgments:
May be sentenced to jail for a period no more than one (1) year;
Shall be fined an amount no less than five thousand dollars ($5,000) and no more than ten thousand dollars ($10,000); and
If the trespass can be reasonably construed to have been committed in a manner described in section 36-1603(a), Idaho Code, shall have any license issued pursuant to chapter 3, title 36, Idaho Code, suspended for a period of no more than five (5) years.
(b) Penalties for criminal trespass with damage.
(i) Any person who pleads guilty to or is found guilty of a violation of subsection (2)(c) of this section for the first time:
May be sentenced to jail for a period of no more than six (6) months; and
Shall be fined in an amount no less than one thousand five hundred dollars ($1,500) and no more than five thousand dollars ($5,000).
(ii) Any person who pleads guilty to or is found guilty of a violation of subsection (2)(c) of this section for a second time within five (5) years:
May be sentenced to jail for a period of no more than six (6) months;
Shall be fined in an amount no less than five thousand dollars ($5,000) and no more than ten thousand dollars ($10,000); and
If the trespass can be reasonably construed to have been committed in a manner described in section 36-1603(a), Idaho Code, shall have any license issued pursuant to chapter 3, title 36, Idaho Code, suspended for a period of one (1) year.
(iii) Any person who pleads guilty to or is found guilty of a violation of subsection (2)(c) of this section, who previously has been found guilty of or has pled guilty to two (2) or more violations of the provisions of subsection (2) of this section within ten (10) years, notwithstanding the form of the judgments or withheld judgments, is guilty of a felony and:
Shall be sentenced to the custody of the state board of correction for a period of no less than one (1) year and no more than five (5) years;
Shall be fined in an amount no less than fifteen thousand dollars ($15,000) and no more than fifty thousand dollars ($50,000); and
If the trespass can be reasonably construed to have been committed in a manner described in section 36-1603(a), Idaho Code, shall have any license issued pursuant to chapter 3, title 36, Idaho Code, suspended for a period of no less than five (5) years.
(c) In addition to any other penalty prescribed by law, a court shall, for any violation of subsection (2) of this section, order restitution in accordance with section 19-5304, Idaho Code.
(4) Posting of navigable streams shall not prohibit access to navigable streams below the high-water mark pursuant to section 36-1601, Idaho Code.
(5) Subject to any rights or authorities described in subsection (6) of this section, a landowner or his agent may revoke permission granted under this section to another to enter or remain upon his property at any time, for any reason, orally, in writing, or by any other form of notice reasonably apparent to the permitted person or persons.
(6) A person shall not be guilty of trespass under this section for entering or remaining upon real property if the person entered or remained on the property pursuant to any of the following rights or authorities:
(a) An established right of entry or occupancy of the real property in question, including, but not limited to:
(i) An invitation, whether express or implied, to enter or remain on real property including, but not limited to, the right to enter property that is, at the time, open to the public, if the person is in compliance with lawful conditions imposed on access;
(ii) A license to enter or remain on real property; or
(iii) A lease, easement, contract, privilege or other legal right to enter, remain upon, possess or use the real property;
(b) A lawful authority to enter onto or remain upon the real property in question, including, but not limited to:
(i) Any law enforcement officer during the course and scope of fulfilling his lawful duties;
(ii) Any paramedic, firefighter or other emergency personnel during the course and scope of fulfilling his lawful duties; or
(iii) Any licensed professional otherwise authorized to enter or remain on the real property during the course and scope of fulfilling his lawful duties; or
(c) Any other person with a legally prescribed right to enter or remain upon the real property in question.
(7) Examples of the exclusions in subsection (6) of this section include, but are not limited to: a customer entering and remaining in a store during business hours who has not been asked to depart by the property owner or his agent; a person knocking on a front door of a property that is not posted; a meter reader during the scope and course of his employment; a postal employee delivering mail or packages; power company personnel fixing downed power lines; a bail bondsman arresting a person who is in violation of a bail contract; a tenant pursuant to a valid lease; and the owner or operator of any right-of-way or easement for any ditch, canal or other conduit, acting pursuant to the provisions of chapter 11 or chapter 12, title 42, Idaho Code.
(8) The exclusions set forth in this section shall not relieve any person of civil or criminal liability pursuant to other applicable law for causing damage while entering or remaining on the property in question.
[18-7008, added 2018, ch. 350, sec. 6, p. 828; am. 2026, ch. 78, sec. 1, p. 323.]
Every person who wilfully and without authority enters upon the public lands of the state and cuts down, destroys or injures any kind of wood or timber, standing or growing upon such lands, or who wilfully and without authority carries away any kind of wood or timber lying on such lands, is guilty of a misdemeanor.
[18-7009, added 1972, ch. 336, sec. 1, p. 975.]
Every person who wilfully and without authority enters upon the public lands of the state and cuts down, destroys or injures any kind of wood or timber growing upon such lands, for the purpose of shipping, freighting, floating or otherwise transporting such wood or timber out of the state, or who shall ship, freight or float, or otherwise transport out of the state, any wood or timber cut upon the public lands of the state, shall be guilty of a felony.
[18-7010, added 1972, ch. 336, sec. 1, p. 975.]
It shall be a misdemeanor for any person to open and leave open any gate not belonging to such person or rightfully under his control, or to cut, break, tear down, or otherwise injure, any fence or wall or any obstruction used for a fence not belonging to such person or rightfully under his control.
[18-7012, added 1972, ch. 336, sec. 1, p. 976.]
Whenever any individual, individuals or corporation, municipal, public or private, owning, operating or maintaining any reservoir, pond, tank or any structure or place wherein or whereon water is stored, either in whole or in part for domestic use, has the area or ground on or wherein such reservoir, pond, tank, structure or place is located, wholly inclosed by any fence or artificial barrier, and has posted or caused to be posted, warning signs in conspicuous places on such fence or artificial barrier forbidding entry, it shall be unlawful for any person to enter, or to throw or place, or to cause to be thrown or placed, any substance or thing whatsoever, within the area so inclosed by such fence or artificial barrier, without the consent of such individual, individuals or corporation, and any violation hereof shall constitute a misdemeanor and shall be punishable accordingly.
[I.C., sec. 18-7013, as added by 1972, ch. 336, sec. 1, p. 976.]
Every person who maliciously injures or destroys any standing crops, grain, cultivated fruits or vegetables, the property of another, in any case for which a punishment is not otherwise prescribed by this code, is guilty of a misdemeanor.
[18-7014, added 1972, ch. 336, sec. 1, p. 976.]
When the owner of any inclosure wherein foxes or other fur-bearing animals are held in captivity, shall erect a fence or other barrier around the same and within the boundaries of the premises under the exclusive dominion and control of such owner, and shall post warning signs in conspicuous places along such fence or barrier prohibiting trespass on the clear space between such fence or barrier and the inclosure aforesaid, it shall be unlawful for any person, without the permission of such owner, to cross such fence or barrier or trespass upon such clear space.
Any person violating the provisions hereof shall be deemed guilty of a misdemeanor.
[18-7015, added 1972, ch. 336, sec. 1, p. 976.]
Every person who either:
Maliciously removes any monument erected for the purpose of designating any point in the boundary of any lot or tract of land; or
Maliciously defaces or alters the marks upon any such monument; or
Maliciously cuts down or removes any tree upon which any such marks have been made for such purpose, with intent to destroy such marks;
Is guilty of a misdemeanor.
[18-7016, added 1972, ch. 336, sec. 1, p. 977.]
It shall be unlawful for any person to paint, sketch, or place in any manner or form or by any means, upon any rock or rocks or similar natural object or objects, any place within the state of Idaho, any sign, advertisement or picture or commercial or business name, for business or commercial purposes. Any person who violates the provisions of this section shall be deemed guilty of a misdemeanor.
[18-7017, added 1972, ch. 336, sec. 1, p. 977.]
Every person who wilfully and intentionally breaks down, pulls down or otherwise destroys or injures any public jail or other place of confinement, is punishable by fine not exceeding $10,000, and by imprisonment in the state prison not exceeding five years.
[18-7018, added 1972, ch. 336, sec. 1, p. 977.]
Every person who wilfully and maliciously cuts, breaks, injures or destroys any bridge, dam, canal, flume, aqueduct, levee, embankment, reservoir or other structure erected to create hydraulic power, or to drain or reclaim any swamp and overflowed or marsh land, or to conduct water for mining, manufacturing, reclamation or agricultural purposes, or any embankment necessary to the same, or either of them; or wilfully or maliciously makes, or causes to be made, any aperture in such dam, canal, flume, aqueduct, reservoir, embankment, levee or structure, with intent to injure or destroy the same, is punishable by a fine not exceeding $1,000, or by imprisonment in the state prison not exceeding two years, or by both.
[18-7019, added 1972, ch. 336, sec. 1, p. 977.]
Every person who willfully and maliciously burns, injures, marks, brands or defaces or destroys any pile, piling, telegraph pole, telephone pole or electric transmission line pole, fence post, pile or raft of wood, plank, boards or other lumber, or any part thereof, or cuts loose or sets adrift any such raft or part thereof, or cuts, breaks, injures, sinks or sets adrift any vessel the property of another, is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six (6) months, or by both such fine and imprisonment.
[18-7020, added 1972, ch. 336, sec. 1, p. 977; am. 2006, ch. 71, sec. 18, p. 222.]
Every person, not the owner thereof, who wilfully mars, disfigures, breaks or otherwise injures, or molests, removes or destroys, any work of art, monument, landmark, historic structure, shade tree, shrub, ornamental plant, or useful or ornamental improvement, is guilty of a misdemeanor.
[18-7021, added 1972, ch. 336, sec. 1, p. 978.]
Every person who wilfully breaks, digs up, obstructs or injures any pipe or main for conducting gas or water, or any works erected for supplying buildings with gas or water or any appurtenances or appendages therewith connected, is guilty of a misdemeanor.
[I.C., sec. 18-7022, as added by 1972, ch. 336, sec. 1, p. 978.]
Every person who intentionally defaces, obliterates, tears down or destroys any notice posted on any lode or placer mining claim, or ditch, or water right, or location, or who removes, takes down or destroys any post or monument erected or placed to mark or indicate any such claim, right or location, or any part or boundary thereof, or part thereon, is guilty of a misdemeanor.
[18-7023, added 1972, ch. 336, sec. 1, p. 978.]
It shall be unlawful for any person or persons to set fire, wilfully or maliciously, in or within any of the underground tunnels, shafts, or any of the underground workings of any mine in the state of Idaho that shall result in the burning of, destruction of, or injury to any of the timbering or workings of any such mine or any part thereof.
[18-7024, added 1972, ch. 336, sec. 1, p. 978.]
Any person or persons violating any of the provisions of this act shall be guilty of a felony and upon conviction thereof shall be punished by not less than five (5) nor more than twenty (20) years imprisonment in the state penitentiary.
[18-7025, added 1972, ch. 336, sec. 1, p. 978.]
Any person who wilfully, maliciously or mischievously drives or causes to be driven or imbedded any nail, spike or piece of iron, steel or other metallic substance, or any rock or stone, into any log or timber intended to be manufactured into boards, lath, shingles or other lumber, or to be marketed for such purpose, is punishable by imprisonment in the state prison not more than five (5) years or by imprisonment in the county jail not less than six (6) months, or by fine not to exceed $5000, in the discretion of the court.
[18-7026, added 1972, ch. 336, sec. 1, p. 978.]
It shall be unlawful for any person, not acting in full compliance with all the terms of the law to desecrate or molest in any way any portion of any grave, cemetery, headstone, grave marker, mausoleum, crypt, or other place of burial, whether of whole bodies or ashes, or other evidence of remains of a deceased human body. Any person convicted or found guilty of violating the provisions of this section is guilty of a misdemeanor.
[18-7027, added 1984, ch. 73, sec. 2, p. 136.]
Every person who removes any part of any human remains from any place where it has been interred, or from any place where it is deposited while awaiting interment, with intent to sell it or to dissect it, without authority of law, or from malice or wantonness is guilty of a felony punishable by imprisonment in the state penitentiary for not more than five (5) years, by a fine not greater than ten thousand dollars ($10,000) or by both such fine and imprisonment.
[18-7028, added 1984, ch. 73, sec. 3, p. 136.]
It shall be unlawful for any person to erect, install, attach or paint, or cause to be erected, installed, attached or painted, election posters or signs upon public or private property, real or personal, in the state of Idaho, without permission from the owner or occupant of such property, and it shall be unlawful for any person to place or leave any literature or other political, promotional or sales materials upon public or private property, real or personal, in the state of Idaho when the owner or occupant of such property, by a sign conspicuously posted on the property, or by other written or audio communication to such person, has forbidden the placing or leaving of literature or other political, promotional or sales material upon that property. Provided, however, that the granting of such permission by any public utility company on behalf of any candidate for public office shall constitute the granting of like permission by such public utility company to all other candidates for the same public office. Any violation of this section shall be a misdemeanor.
[I.C., sec. 18-7029, as added by 1972, ch. 336, sec. 1, p. 979; am. 1994, ch. 167, sec. 8, p. 377.]
It shall constitute an infraction for any person, natural or artificial, to deposit upon any public or private property within this state any debris, paper, litter, glass bottles, glass, nails, tacks, hooks, hoops, cans, barbed wire, boards, trash, garbage, lighted material or other waste substances on any place not authorized by any county, city, village or the owner of such property, and is punishable by a fine of one hundred fifty dollars ($150). A second conviction under this section within two (2) years of the commission of the prior offense for which the person was convicted shall constitute an infraction and be punishable by a fine not exceeding three hundred dollars ($300). A third conviction under this section within three (3) years of the first offense for which the person was convicted shall constitute a misdemeanor and be punishable by a fine not exceeding one thousand dollars ($1,000) and by imprisonment in the county jail not exceeding thirty (30) days. Additionally, a peace officer or state fish and game personnel supervised public service of not less than eight (8) hours and not more than forty (40) hours may be imposed to clean up and to properly dispose of debris from public property, or from private property with the written consent of the private property owner, as ordered by the court.
[18-7031, added 1972, ch. 336, sec. 1, p. 979; am. 1994, ch. 119, sec. 1, p. 269; am. 2006, ch. 71, sec. 19, p. 222; am. 2015, ch. 177, sec. 2, p. 578.]
Any person who without lawful authority, wilfully and wrongfully, opens, removes or damages any parking meter, coin telephone or other vending machine dispensing goods or services, or a part thereof; or possesses a key or device specifically designed to open or break any parking meter, coin telephone or other vending machine dispensing goods or services; or possesses a drawing, print or mold of a key or device specifically designed to open or break any parking meter, coin telephone or other vending machine dispensing goods or services, shall be guilty of a misdemeanor.
[I.C., sec. 18-7032, as added by 1972, ch. 381, sec. 15, p. 1102.]
It shall be a misdemeanor offense for any unauthorized vehicle to drive upon, cross or traverse any public or public use airport without the consent of the owner or his designated representative. The owner, operator or lessee or any of them guilty of operating a vehicle upon airport landing surfaces shall be liable for damage caused to the airport surfaces and for any injuries or damages to persons or property resulting from such damage. The operator, owner or lessee of an unauthorized vehicle involved in a collision with an aircraft while operating upon a public or public use airport shall be held liable for damages to persons or property, both the owner and lessee shall be thus liable, and may be sued jointly, or either or both of them may be sued separately.
[I.C., sec. 18-7033, as added by 1974, ch. 81, sec. 1, p. 1171.]
(1) Every person, except under landlord-tenant relationship, who enters any dwelling house, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, closed vehicle, closed trailer, airplane, railroad car or outbuilding, without the consent of the owner of such property or his agent or any person in lawful possession thereof, is guilty of a misdemeanor.
(2) Any person who enters any permanent or temporary dwelling without the consent of the owner of such property or his agent or any person in lawful possession thereof while being pursued by a peace officer is guilty of a felony. For purposes of this subsection "pursued" means "fresh pursuit" as defined in section 19-705, Idaho Code.
[18-7034, added 1981, ch. 322, sec. 1, p. 671; am. 1994, ch. 216, sec. 1, p. 673; am. 2017, ch. 274, sec. 1, p. 720.]
It shall be unlawful for any person, without prior permission of the federal, state or private landowner, to willfully or knowingly break, break off, crack, carve upon, write or otherwise mark upon, or in any manner destroy, multilate, injure, deface, remove, displace, mar or harm any natural material found in any cave or cavern, such as stalactites, stalagmites, helictites, anthodites, gypsum flowers or needles, flowstone, draperies, columns, tufa dams, clay or mud formations or concretions, or other similar crystalline mineral formations or otherwise; to kill, harm or in any manner or degree disturb any plant or animal life found therein; to otherwise disturb or alter the natural conditions of such cave or cavern through the disposal therein of any solid or liquid materials such as refuse, food, containers or fuel of any nature, whether or not malice is intended; to disturb, excavate, remove, displace, mar or harm any archaeological artifacts found within a cave or cavern including petroglyphs, projectile points, human remains, rock or wood carvings or otherwise, pottery, basketry or any handwoven articles of any nature, or any pieces, fragments or parts of any such articles; or to break, force, tamper with, remove of otherwise disturb a lock, gate, door, or other structure or obstruction designed to prevent entrance to a cave or cavern, without the permission of the owner thereof, whether or not entrance is gained. For purposes of this section, "cave" means any natural geologically formed void or cavity beneath the surface of the earth, not including any mine, tunnel, aqueduct or other manmade excavation, which is large enough to permit a person to enter. Any person violating the provisions of this section shall be guilty of a misdemeanor.
[18-7035, added 1982, ch. 283, sec. 1, p. 717.]
No person shall purposely or knowingly vandalize, deface or otherwise damage the property of another by painting, writing, drawing, or otherwise inscribing thereon in any fashion that which is commonly known as graffiti. Graffiti includes any form of painting, writing, or inscription regardless of the content or the nature of the materials used which is applied to any public or private surface without the consent of the owner of the property. Every person who is convicted of a violation of the provisions of this section is guilty of a misdemeanor.
[18-7036, added 1987, ch. 274, sec. 1, p. 567.]
(1) Any person who without expressed permission from the owner or agent releases an animal, a bird, or an aquatic species which has been lawfully confined for agriculture, science, research, commerce, public propagation, protective custody, or education is liable: (a) to the owner or agent exercising possession of the animal, bird or aquatic species for damages and replacement costs, including the costs of restoring the animal, bird, or aquatic species to confinement and to its health condition prior to release; and (b) for damage to personal and real property caused by the release of the animal, bird or aquatic species. If the release causes the failure of an experiment, the person is liable for all costs of repeating the experiment, including replacement of the animal, bird or aquatic species.
(2) Any person who intentionally and without permission releases an animal, a bird, or an aquatic species which has been lawfully confined for agriculture, science, research, commerce, public propagation, protective custody, or education is guilty of a misdemeanor.
[18-7037, added 1990, ch. 38, sec. 1, p. 58.]
(1) Any person who shall, without the permission of the owner:
(a) Wilfully and intentionally destroy; or
(b) Destroy and remove the body or any body parts of any livestock with a value as set forth in subsection (1)(b) of section 18-2407, Idaho Code, shall be guilty of a felony.
(2) If the value of the livestock is less than that set forth in subsection (1)(b) of section 18-2407, Idaho Code, a violation of the provisions of this section shall be a misdemeanor.
(3) The provisions of this section shall not apply to any peace officer, veterinarian or officially designated animal control officer who, in the discharge of his official duties is called upon the scene of injured livestock and cannot contact the owner or caretaker of the injured animal within thirty (30) minutes, and he reasonably determines that the injured animal is suffering to such a degree that humane destruction is warranted, and he humanely destroys or causes the animal to be humanely destroyed.
[[18-7037] 18-7038, added 1990, ch. 126, sec. 1, p. 297; am. and redesignated, 1991, ch. 102, sec. 1, p. 229.]
(1) Definitions:
(a) "Police dog" shall include:
(i) "Bomb detection dog" means a dog trained to locate bombs or explosives by scent;
(ii) "Electronic storage detection dog" means a dog trained to locate electronic storage devices by scent;
(iii) "Narcotic detection dog" means a dog trained to locate narcotics by scent;
(iv) "Patrol dog" means a dog trained to protect a peace officer and to apprehend a person;
(v) "Tracking dog" means a dog trained to track and find a missing person, escaped inmate or fleeing felon.
(b) "Police horse" means any horse that is owned, or the service of which is employed, by a law enforcement agency for the principal purpose of aiding in detection of criminal activity, enforcement of laws and apprehension of offenders.
(c) "Search and rescue dog" means a dog that is trained to locate lost or missing persons, victims of natural or man-made disasters, and human bodies.
(d) "Accelerant detection dog" means a dog that is used exclusively for accelerant detection, commonly referred to as arson canines.
(2) The provisions of this section shall apply to police dogs and police horses used by peace officers, including any used by a corrections officer in the performance of the officer’s duties, and to search and rescue dogs and accelerant detection dogs used by peace officers or certified handlers under the supervision of a peace officer. The provisions of this section shall apply when the animals are on duty and when not on duty.
(3) Any person who willfully and maliciously and with no legal justification, and with intent to inflict such injury or death, personally causes the death, destruction, or serious physical injury, including bone fracture, loss or impairment of function of any bodily organ, wounds requiring extensive suturing, or serious crippling, of any police dog, police horse, search and rescue dog or accelerant detection dog, shall be guilty of a felony under this section and shall be punished by imprisonment in the state penitentiary for a period not to exceed five (5) years, or by a fine not to exceed ten thousand dollars ($10,000), or by both such fine and imprisonment.
(4) Any person who willfully, maliciously and with no legal justification throws, hurls or projects at a police dog, police horse or search and rescue dog, any rock, object or other substance that is used in such a manner as to be capable of producing injury and likely to produce injury or kicks, strikes, beats, or torments any police dog, police horse or search and rescue dog is guilty of a misdemeanor and shall be punished by imprisonment for not more than one (1) year or by a fine not exceeding one thousand dollars ($1,000), or by both such fine and imprisonment.
(5) Any person who willfully and maliciously and with no legal justification interferes with or obstructs any police dog, police horse or search and rescue dog being used by any peace officer in the discharge of the officer’s duties by teasing, agitating, or harassing such animals, or who causes another person or persons, animal or animals, to do likewise, is guilty of a misdemeanor and shall be punished by imprisonment for not more than one (1) year or by a fine not exceeding one thousand dollars ($1,000), or by both such fine and imprisonment.
(6) In any case in which a defendant is convicted of a violation of the provisions of this section, the defendant shall be ordered to make restitution to the agency owning the animal and employing the peace officer for any veterinary bills, replacement costs of the animal if it is disabled or killed, and the salary of the peace officer for the period of time his or her services are lost to the agency.
(7) The provisions of this subsection do not apply to peace officers or veterinarians who terminate the life of such a police dog, police horse or search and rescue dog for the purpose of relieving the police dog, police horse or search and rescue dog of undue pain or suffering.
[18-7039, added 1994, ch. 157, sec. 1, p. 357; am. 2026, ch. 179, sec. 1, p. 820.]
(1) A person commits the crime of interference with agricultural research if the person knowingly:
(a) Damages any property at an agricultural research facility with the intent to damage or hinder agricultural research or experimentation;
(b) Obtains any property of an agricultural research facility with the intent to damage or hinder agricultural research or experimentation;
(c) Obtains access to an agricultural research facility by misrepresentation with the intent to perform acts that would damage or hinder agricultural research or experimentation;
(d) Enter an agricultural research facility with the intent to damage, alter, duplicate or obtain unauthorized possession of records, data, materials, equipment or specimens related to agricultural research or experimentation;
(e) Without the authorization of the agricultural research facility, obtains or exercises control over records, data, materials, equipment or specimens of the agricultural research facility with the intent to destroy or conceal the records, data, materials, equipment or specimens; or
(f) Releases or steals an animal from, or causes the death, injury or loss of an animal at an agricultural research facility.
(2) A person found guilty of committing the crime of interference with agricultural research shall be guilty of a felony and shall be punished by a term of imprisonment of not more than twenty (20) years or by a fine not in excess of ten thousand dollars ($10,000), or by both such fine and imprisonment.
(3) For purposes of this section:
(a) "Agricultural research facility" means any structure or land, whether privately or publicly owned, leased or operated, that is being used for agricultural research or experimentation.
(b) "Agricultural research or experimentation" means the lawful study, analysis or testing of plants or animals, or the use of plants or animals to conduct studies, analyses, testing or teaching, for the purpose of improving farming, forestry or animal husbandry.
(4) In addition to any other penalty imposed for a violation of this section, the court shall require any person convicted, found guilty or who pleads guilty to a violation of this section to make restitution to the victim of the offense in accordance with the terms of section 19-5304, Idaho Code; provided, that such award shall be in an amount equal to twice the value of the crop, crop product, timber, timber product, livestock or equipment damaged or destroyed. In ordering restitution under this section, the court shall, in the determination of value, consider:
(a) The market value of the crop, crop product, timber, timber product, livestock, or equipment that has been damaged or destroyed;
(b) Production, research, testing, replacement and development costs directly related to the crop, crop product, timber, timber product, livestock or equipment that has been damaged or destroyed;
(c) the costs of repeating an experiment, including the replacement of the records, data, equipment, specimens, labor and materials, if acts constituting the violation cause the failure of an experiment in progress or irreparably damage completed research or experimentation.
[18-7040, added 2002, ch. 263, sec. 1, p. 785.]
(1) It is unlawful for any person to knowingly transfer, damage, vandalize, poison, or knowingly attempt to transfer, damage, vandalize or poison the product or facilities of a posted commercial aquaculture operation in Idaho, or to knowingly release or knowingly allow another person to release any poisonous or dangerous substance that comes in contact with any species in production in an aquaculture operation and causes damage to either the species in production or the aquaculture facility itself.
(2) Any person or persons violating any provision of this section when the value of the damage to either the species in production or the aquaculture facility itself is one thousand dollars ($1,000) or less shall be guilty of a misdemeanor. Any person or persons violating any provisions of this section when the value of the damage to either the species in production or the aquaculture facility itself is in excess of one thousand dollars ($1,000) shall be guilty of a felony and upon conviction thereof shall be punished by a term of imprisonment of not more than twenty (20) years or by a fine not in excess of ten thousand dollars ($10,000), or by both such fine and imprisonment.
(3) Nothing in this section shall be construed to limit the court’s power to order restitution equal to the extent of the damage suffered by the aquaculture operation.
(4) Nothing in this section shall be construed to limit an aquaculture operation from proceeding in a civil action to seek any lawful civil remedy.
[18-7041, added 2004, ch. 143, sec. 1, p. 473.]
(1) A person commits the crime of interference with agricultural production if the person knowingly:
(a) Is not employed by an agricultural production facility and enters an agricultural production facility by force, threat, misrepresentation or trespass;
(b) Obtains records of an agricultural production facility by force, threat, misrepresentation or trespass;
(c) Obtains employment with an agricultural production facility by force, threat, or misrepresentation with the intent to cause economic or other injury to the facility’s operations, livestock, crops, owners, personnel, equipment, buildings, premises, business interests or customers;
(d) Enters an agricultural production facility that is not open to the public and, without the facility owner’s express consent or pursuant to judicial process or statutory authorization, makes audio or video recordings of the conduct of an agricultural production facility’s operations; or
(e) Intentionally causes physical damage or injury to the agricultural production facility’s operations, livestock, crops, personnel, equipment, buildings or premises.
(2) For purposes of this section:
(a) "Agricultural production" means activities associated with the production of agricultural products for food, fiber, fuel and other lawful uses and includes without limitation:
(i) Construction, expansion, use, maintenance and repair of an agricultural production facility;
(ii) Preparing land for agricultural production;
(iii) Handling or applying pesticides, herbicides or other chemicals, compounds or substances labeled for insects, pests, crops, weeds, water or soil;
(iv) Planting, irrigating, growing, fertilizing, harvesting or producing agricultural, horticultural, floricultural and viticultural crops, fruits and vegetable products, field grains, seeds, hay, sod and nursery stock, and other plants, plant products, plant byproducts, plant waste and plant compost;
(v) Breeding, hatching, raising, producing, feeding and keeping livestock, dairy animals, swine, furbearing animals, poultry, eggs, fish and other aquatic species, and other animals, animal products and animal byproducts, animal waste, animal compost, and bees, bee products and bee byproducts;
(vi) Processing and packaging agricultural products, including the processing and packaging of agricultural products into food and other agricultural commodities;
(vii) Manufacturing animal feed.
(b) "Agricultural production facility" means any structure or land, whether privately or publicly owned, leased or operated, that is being used for agricultural production.
(3) A person found guilty of committing the crime of interference with agricultural production shall be guilty of a misdemeanor and shall be punished by a term of imprisonment of not more than one (1) year or by a fine not in excess of five thousand dollars ($5,000), or by both such fine and imprisonment.
(4) In addition to any other penalty imposed for a violation of this section, the court shall require any person convicted, found guilty or who pleads guilty to a violation of this section to make restitution to the victim of the offense in accordance with the terms of section 19-5304, Idaho Code. Provided however, that such award shall be in an amount equal to twice the value of the damage resulting from the violation of this section.
[18-7042, added 2014, ch. 30, sec. 1, p. 44.]
(1) It is unlawful for a person to knowingly commit any of the following acts in the state of Idaho with the intent to damage, poison or infect the crops, livestock, products or facilities of an agricultural facility or agricultural operation as defined in section 22-4502, Idaho Code, without the knowledge and consent of the owner of the agricultural facility or agricultural operation:
(a) Release or spread any type of contagious, communicable or infectious disease or poison;
(b) Attempt to release or spread any type of contagious, communicable or infectious disease or poison;
(c) Aid, abet or conspire with another person to release or spread any type of contagious, communicable or infectious disease or poison.
(2) Any person or persons violating any provision of this section shall be:
(a) Guilty of a misdemeanor when the damage to the crops, livestock, products or consumers of such products, agricultural facility or agricultural operation itself is one thousand dollars ($1,000) or less;
(b) Guilty of a felony and upon conviction thereof shall be punished by a term of imprisonment of not more than twenty (20) years or by a fine not in excess of ten thousand dollars ($10,000), or by both such fine and imprisonment, when the value of the damage to the crops, livestock, products or consumers of such products, agricultural facility or agricultural operation itself is in excess of one thousand dollars ($1,000).
(3) Nothing in this section shall be construed to limit the court’s power to order restitution equal to the extent of the damage suffered to the crops, livestock, products or consumers of such products, agricultural facility or agricultural operation.
(4) Nothing in this section shall be construed to limit an agricultural facility or agricultural operation from proceeding in a civil action to seek any lawful civil remedy.
(5) The provisions of this section are hereby declared severable and if any provision of this section or the application of such provision to any person or circumstances is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this section.
[18-7043, added 2016, ch. 286, sec. 1, p. 789.]
(1) A person shall not be prosecuted under this title for entry, including forced entry and any resulting property damage, into a motor vehicle for the purpose of removing another person from the vehicle, provided that the person entering:
(a) Has a reasonable, good-faith belief that the other person is in imminent danger of suffering death or serious bodily harm;
(b) Contacts law enforcement before and immediately after entering, if feasible; and
(c) Uses no more force than reasonably necessary to gain entry.
(2) This section shall not be construed to prevent prosecution for physical harm caused to the person in the vehicle or for any other crime unrelated to the act of entering the vehicle as provided in subsection (1) of this section.
[18-7044, added 2018, ch. 285, sec. 2, p. 673.]
This chapter shall be known and may be cited as the "Property Rights Protection Act."
[18-7101, added 2026, ch. 261, sec. 1, p. 1109.]
As used in this chapter:
(1) "Exigent circumstances" means only those limited, judicially recognized exceptions to the warrant requirement under section 17, article I of the constitution of the state of Idaho and the fourth amendment to the United States constitution.
(2) "Government agent" means any employee or representative of the state of Idaho, any political subdivision thereof, or the federal government, acting in an official capacity.
(3) "Private land not open to the public" or "private land" means any privately owned real property, not including any place of habitation or the associated curtilage, where a person knows or has reason to know that the person’s presence is not permitted pursuant to the provisions of section 18-7008(2)(a), Idaho Code.
(4) "Search warrant" or "warrant" has the same meaning as that term is defined in section 19-4401, Idaho Code, and shall include an arrest warrant as described in section 19-507, Idaho Code.
[18-7102, added 2026, ch. 261, sec. 1, p. 1109.]
Government agents shall not, in the course and scope of their lawful duty, enter private land not open to the public without a valid search warrant, exigent circumstances, or lawful consent of the owner or lessee.
[18-7103, added 2026, ch. 261, sec. 1, p. 1110.]
Prior to executing a search warrant on private land pursuant to section 18-7103, Idaho Code, federal government agents shall notify the county sheriff, unless exigent circumstances exist.
[18-7104, added 2026, ch. 261, sec. 1, p. 1110.]
Notwithstanding section 18-7103, Idaho Code, a government agent may approach a residence’s front entrance using a driveway, walkway, or similar pathway in a manner consistent with that of a private citizen. However, such government agent:
(1) Shall not conduct an investigatory search, inspection, or surveillance beyond what is visible from a lawful public vantage point, nor shall the agent enter other areas of the property not open to the public; and
(2) Shall promptly leave such private land upon the request of the owner or occupant, unless otherwise authorized by law to remain.
[18-7105, added 2026, ch. 261, sec. 1, p. 1110.]
(1) Any government agent who knowingly violates the provisions of this chapter shall be subject to a civil penalty of one thousand dollars ($1,000) per occurrence, payable to the rangeland improvement account established in section 58-1504, Idaho Code.
(2) A person aggrieved by a violation of this section may bring a civil action for actual damages and injunctive relief. The prevailing party shall be entitled to reasonable attorney’s fees and costs.
(3) The civil penalty provided in this section may be enforced by the county prosecuting attorney or by an aggrieved person through a civil action in the magistrate division of the district court. The court shall enter judgment for one thousand dollars ($1,000) per violation, together with any costs and attorney’s fees as provided in subsection (2) of this section.
(4) No political subdivision shall be required to indemnify a government agent for civil penalties imposed under this section.
(5) Nothing in this section shall affect the admissibility of evidence in any judicial or administrative proceeding.
(6) The penalties provided in this section shall not be applicable to any county sheriff or deputies, county coroner, municipal police officers, or Idaho state police.
[18-7106, added 2026, ch. 261, sec. 1, p. 1110.]
A government agent shall not be subject to prosecution under the provisions of section 18-7008, Idaho Code, if the agent enters private land:
(1) In good faith reliance on a valid search warrant or on exigent circumstances;
(2) Pursuant to lawful consent; or
(3) In accordance with the provisions of section 18-7105 or 18-7108, Idaho Code.
[18-7107, added 2026, ch. 261, sec. 1, p. 1110.]
Nothing in this chapter shall:
(1) Prevent government agents from conducting lawful investigations from public vantage points or entering private land in response to exigent circumstances;
(2) Prevent government agents from entering private land only to the extent necessary to serve civil process or conduct welfare checks;
(3) Interfere with the use or administration of water rights as provided for in Idaho law;
(4) Interfere with the ability of the department of water resources, or a designated watermaster, to make reasonable entry upon any lands to carry out duties imposed by law;
(5) Interfere with the right of the owner or operator of any right-of-way or easement for any ditch, canal, lateral, drain, or other conduit, as described by law;
(6) Limit lawful aerial observation conducted in compliance with section 21-213, Idaho Code;
(7) Limit lawful entry to control noxious weeds as authorized in section 22-2406, Idaho Code;
(8) Limit lawful entry by abatement district employees as authorized in section 39-2804, Idaho Code;
(9) Limit lawful entry as authorized in sections 7-705, 40-1310, 40-2301, and 54-1230, Idaho Code; or
(10) Increase or diminish any rights, protections, or legal authorizations with respect to any place of habitation or the associated curtilage.
[18-7108, added 2026, ch. 261, sec. 1, p. 1110; am. 2026, ch. 278, sec. 1, p. 1167.]
If any provisions of this chapter or the application thereof to any person or circumstances, is held invalid as unconstitutional or ineffective for any reason, such invalidity shall not affect other provisions or applications of the chapter, and to this end the provisions of this chapter are severable.
[18-7109, added 2026, ch. 261, sec. 1, p. 1111.]
Every person, association or corporation, or the agent of any person, association or corporation, engaged in the business of milling, sampling, concentrating, reducing, shipping or purchasing ores, who keeps or uses any false or fraudulent scales or weights for weighing ores, who keeps or uses any false or fraudulent assay scales or weights for ascertaining the assay value of ore, knowing them to be false, is guilty of a misdemeanor, and is punishable by a fine in any sum not exceeding $1000, or by imprisonment in the county jail for a term of not more than one year nor less than one month, or by both such fine and imprisonment.
[18-7206, added 1972, ch. 336, sec. 1, p. 980.]
Every person, corporation or association, or the agent of any person, corporation or association, engaged in milling, sampling, concentrating, reducing, shipping or purchasing ores in this state, who in any manner knowingly alters or changes the true value of any ores delivered to him or them, so as to deprive the seller of the result of the correct value of the same, or who issues any bill of sale or certificate of purchase that does not exactly and truthfully state the actual weight, assay value and total amount paid for any lot or lots of ore purchased, or who, by any secret understanding or agreement with another, issues a bill of sale or certificate of purchase that does not exactly and truthfully state the actual weight, assay value and total amount paid for any lot or lots of ore purchased, or who, by any secret understanding or agreement with another, issues a bill of sale or certificate of purchase that does not truthfully and correctly set forth the weight, assay value and total amount paid for any lot or lots of ore purchased by him, is guilty of a misdemeanor, and shall be punished as provided in the preceding section.
[18-7207, added 1972, ch. 336, sec. 1, p. 980.]
The right to be free from discrimination because of race, creed, color, sex, or national origin is recognized as and declared to be a civil right. This right shall include, but not be limited to:
(1) The right to obtain and hold employment without discrimination.
(2) The right to the full enjoyment of any of the accommodations, facilities or privileges of any place of public resort, accommodation, assemblage or amusement.
[18-7301, added 1972, ch. 336, sec. 1, p. 980; am. 1967, ch. 64, sec. 1, p. 146.]
The right of any person to use amygdalin (laetrile) as an adjunct in the treatment of any physical condition of the human body shall not be denied, interfered with or obstructed by any other person.
[18-7301A, added 1978, ch. 129, sec. 1, p. 290.]
Terms used in this chapter shall have the following definitions:
(a) "Every person" shall be construed to include any owner, lessee, proprietor, manager, agent or employee whether one or more natural persons, partnerships, associations, organizations, corporations, cooperatives, legal representatives, trustees, receivers, of this state and its political subdivisions, boards and commissions, engaged in or exercising control over the operation of any place of public resort, accommodation, assemblage or amusement.
(b) "Deny" is hereby defined to include any act which directly or indirectly, or by subterfuge, by a person or his agent or employee, results or is intended or calculated to result in whole or in part in any discrimination, distinction, restriction, or unequal treatment or the requiring of any person to pay a larger sum than the uniform rates charged other persons, or the refusing or withholding from any person the admission, patronage, custom, presence, frequenting, dwelling, staying, or lodging in any place of public resort, accommodation, assemblage, or amusement except for conditions and limitations established by law and applicable alike to all persons, regardless of race, creed or color.
(c) "Full enjoyment of" shall be construed to include the right to purchase any service, commodity or article of personal property offered or sold on, or by, any establishment to the public, and the admission of any person to accommodations, advantages, facilities or privileges of any place of public resort, accommodation, assemblage or amusement, without acts directly or indirectly causing persons of any particular race, creed or color, to be treated as not welcome, accepted, desired or solicited.
(d) "National origin" includes "ancestry."
(e) "Any place of public resort, accommodation, assemblage or amusement" is hereby defined to include, but not to be limited to any public place, licensed or unlicensed, kept for gain, hire or reward, or where charges are made for admission, service, occupancy or use of any property or facilities, whether conducted for the entertainment, housing or lodging of transient guests, or for the benefit, use or accommodation of those seeking health, recreation or rest, or for the sale of goods and merchandise, or for the rendering of personal services, or for public conveyance or transportation on land, water or in the air, including the stations and terminals thereof and the garaging of vehicles, or where food or beverages of any kind are sold for consumption on the premises, or where public amusement, entertainment, sports or recreation of any kind is offered with or without charge, or where medical service or care is made available, or where the public gathers, congregates, or assembles for amusement, recreation or public purposes, or public halls, public elevators and public washrooms of buildings and structures occupied by two or more tenants, or by the owner and one or more tenants, or any public library or any educational institution wholly or partially supported by public funds, or schools of special instruction, or nursery schools, or day care centers or children’s camps; nothing herein contained shall be construed to include, or apply to, any institute, bona fide club, or place of accommodation, which is by its nature distinctly private provided that where public use is permitted that use shall be covered by this section; nor shall anything herein contained apply to any educational facility operated or maintained by a bona fide religious or sectarian institution; and the right of a natural parent in loco parentis to direct the education and upbringing of a child under his control is hereby affirmed.
[I.C., sec. 18-7302, as added by 1972, ch. 336, sec. 1, p. 981.]
Every person shall be guilty of a misdemeanor who denies to any other person because of race, creed, color, sex, or national origin the right to work: (a) by refusing to hire, (b) by discharging, (c) by barring from employment, or (d) by discriminating against such person in compensation or in other terms or conditions of employment; or who denies to any other person because of race, creed, color, sex, or national origin, the full enjoyment of any of the accommodations, advantages, facilities or privileges of any place of public resort, accommodation, assemblage, or amusement, provided, however, that denial of the right to work on the basis of sex shall be permissible in situations where sex is a bona fide occupational qualification reasonably necessary to the normal operation of the business.
[I.C., sec. 18-7303, as added by 1972, ch. 336, sec. 1, p. 981.]
A person set at liberty by court order, with or without bail, upon condition that he will subsequently appear at a specified time and place, commits a misdemeanor if, without lawful excuse, he fails to appear at that time and place. The offense constitutes a felony where the required appearance was to answer to a charge of felony, or for disposition of any such charge, and the actor took flight or went into hiding to avoid apprehension, trial or punishment. This section does not apply to obligations to appear incident to release under suspended sentence or on probation or parole.
[18-7401, added 1972, ch. 381, sec. 18, p. 1102.]
The offense of aircraft hijacking is defined as the seizure or exercise of control, by force or violence or threat of force or violence, of any aircraft within the airspace jurisdiction of the state of Idaho. Any person convicted of the offense of aircraft hijacking shall suffer life imprisonment.
[I.C., sec. 18-7501, as added by 1973, ch. 267, sec. 1, p. 561.]
The offense of assault with intent to commit aircraft hijacking is defined as an intimidation, threat, assault or battery toward any flight crew member, attendant or employee, as to lessen the ability of such member, attendant, or employee to perform his duties, with the intent to commit aircraft hijacking as defined in section 18-7501 of this act. Any person convicted of the offense of assault with intent to commit aircraft hijacking shall suffer life imprisonment.
[I.C., sec. 18-7502, as added by 1973, ch. 267, sec. 1, p. 561.]
(1) No person, while aboard an airplane being operated by a holder of a certificate issued by the federal government or the state of Idaho, shall carry on or about his person a deadly or dangerous weapon, either concealed or unconcealed; nor shall any person enter or attempt to enter any sterile area of an airport, which is a holder of a certificate issued by the federal government or the state of Idaho, while knowingly carrying on or about his person, or in a bag, case, pouch or other container, a deadly or dangerous weapon, either concealed or unconcealed. Any person who pleads guilty or is found guilty of this subsection shall be guilty of a misdemeanor. As used in this section "sterile area" shall mean that area of a certificated airport to which access is controlled as required by the federal aviation administration regulations.
(2) No person, while aboard an airplane being operated by a holder of a certificate issued by the federal government or the state of Idaho, shall willfully and intentionally conceal on or about his person, or in a bag, case, pouch or other container any deadly or dangerous weapon; nor shall any person enter or attempt to enter any sterile area of an airport which is a holder of a certificate issued by the federal government or the state of Idaho, while willfully and intentionally concealing on or about his person, or in a bag, case, pouch or other container any deadly or dangerous weapon with the intent to avoid its detection by security measures at the sterile area.
(3) This section does not apply to:
(a) Law enforcement officials of a city, county or state, or of the United States, who are authorized to carry arms and who have fulfilled the requirements of federal aviation administration regulations 107 and 108 in effect on January 1, 2001, and as may be amended from time to time;
(b) Crew members and other persons authorized by the certificate holder to carry arms;
(c) Parties chartering an aircraft for the purpose of hunting when a weapon is properly stored and/or in the custody of the pilot in command of the aircraft; or
(d) An aircraft owner and his invited guests when the weapon is properly stored and/or in the custody of the pilot of the aircraft.
(4) Any person convicted of violating the provisions of subsection (2) of this section shall be guilty of a felony, punishable by imprisonment in the state prison not exceeding five (5) years or by fine not exceeding five thousand dollars ($5,000) or by both such fine and imprisonment.
(5) Any person presenting a ticket to board any commercial or charter aircraft shall by such presentation consent to a search or screening of his person or personal belongings by the aircraft company boarding him, by personnel of the airport from which the flight is originating, persons authorized by federal aviation administration regulations or by law enforcement officials. In case said person shall refuse to submit to a search or screening of his person or personal belongings by said aircraft company personnel, airport personnel, federal aviation administration regulation authorized personnel, federal employees or law enforcement officials the person refusing shall be denied the right to board said commercial or charter aircraft.
(6) Any person entering or attempting to enter into the sterile area of an airport shall be presumed to have fully consented to a search of their person, clothing and belongings including, but not limited to, any bags, cases, pouches or other containers with which they are associated. Such full consent shall remain until the aircraft shall depart from the airport.
(7) No person in, near or attempting to enter a sterile area of a certificated airport shall assault, obstruct or delay any aircraft company personnel, airport personnel, federal aviation administration regulation authorized personnel, federal employee or law enforcement official in the performance of their assigned duties within the airport.
(8) No action, either at law or equity, shall be brought against any commercial or charter airline company or airport operating in this state for the refusal of said company or airport to permit a person to board said aircraft where said person has refused to be searched as set out in subsections (5) and (6) of this section.
[18-7503, added 1973, ch. 267, sec. 1, p. 561; am. 2002, ch. 221, sec. 1, p. 621.]
(1) Every person who knowingly and wilfully threatens the safety and well-being of any passenger, flight crew member or flight attendant, aboard any aircraft by making telephone, verbal, or written threats against any airline or aircraft within the airspace jurisdiction of the state of Idaho shall be guilty of a felony.
(2) Any person who seizes, confines, or kidnaps another person against his will or without authority of law, or who threatens the safety and well-being of any person, with the intent to hold such person hostage or use such person for the purpose of aircraft hijacking shall be guilty of a felony.
[I.C., sec. 18-7504, as added by 1973, ch. 267, sec. 1, p. 561; am. 1988, ch. 273, sec. 1, p. 903.]
Any offense occurring aboard an aircraft is declared to be a continuing offense from the point of beginning to the point of termination of the flight, and jurisdiction to prosecute a person accused of such an offense shall be in any county of Idaho over which or in which the aircraft is being operated.
[I.C., sec. 18-7505, as added by 1973, ch. 267, sec. 1, p. 561; am. 1988, ch. 272, sec. 1, p. 903.]
This act shall be known as the "Idaho Tape Piracy Act of 1976."
[18-7601, added 1976, ch. 112, sec. 1, p. 440.]
As used in this chapter, the terms defined in this section shall have the following meanings, unless the context clearly indicates another meaning:
(1) "Person" means any individual, firm, partnership, corporation or association of individuals.
(2) "Owner" means the person who owns the original fixation of sounds embodied in the master phonograph record, master disc, master tape, master film, or other device used for reproducing sounds on phonograph records, discs, tapes, films, or other articles upon which sound is recorded, and from which transferred recorded sounds are directly derived.
[18-7602, added 1976, ch. 112, sec. 1, p. 440.]
It shall be unlawful and punishable:
(1) For any person to knowingly, and without the consent of the owner, transfer or cause to be transferred or recorded any sounds previously recorded on a phonograph record, disc, wire, tape, film or other article on which sounds are recorded with the intent to sell such articles, or cause them to be sold for profit or used to promote the sale of any product.
(2) For any person to knowingly, or with reasonable grounds to know, advertise, or offer for sale or resale, or sell or resell, distribute or possess for such purposes, any article that has been produced in violation of the provisions of subsection (1) of this section.
(3) For any person to advertise, or offer for sale or resale, or sell or resell, or possess for such purposes, any phonograph record, disc, wire, tape, film or other article on which sounds are recorded, unless the outside cover, box, jacket or container clearly and conspicuously discloses the actual name and address of the manufacturer thereof, and the name of the actual performer or group.
[18-7603, added 1976, ch. 112, sec. 1, p. 440.]
(1) Any person who violates subsection (1) of section 18-7603, Idaho Code, is guilty of a felony and upon conviction may be fined not more than ten thousand dollars ($10,000), or imprisoned for not more than four (4) years, or both such fine and imprisonment. Each recording of the original fixation of sounds without consent of the owner thereof shall constitute a separate offense.
(2) Any person who violates subsection (2) or (3) of section 18-7603, Idaho Code, is guilty of a misdemeanor and upon conviction may be fined not more than one thousand dollars ($1,000) or imprisoned for not more than six (6) months, or both such fine and imprisonment.
[18-7604, added 1976, ch. 112, sec. 1, p. 441.]
Any article produced in violation of section 18-7603, Idaho Code, and any equipment used for such purpose, shall be subject to confiscation and destruction by the appropriate law enforcement agency.
[18-7605, added 1976, ch. 112, sec. 1, p. 441.]
The provisions of this act shall not apply to any broadcaster, who, in connection with or as part of a radio, television, or cable broadcast transmission, or for the purpose of archival preservation, transfers any such sounds recorded on a sound recording.
[18-7606, added 1976, ch. 112, sec. 1, p. 441.]
This act shall not be deemed an exclusive remedy for persons affected or injured by acts herein proscribed.
[18-7607, added 1976, ch. 112, sec. 1, p. 441.]
If any provisions of this act, or the application thereof to any person or circumstances, is held invalid as unconstitutional or ineffective for any reason, such invalidity shall not affect other provisions or applications of the act, and to this end the provisions of this are severable.
[18-7608, added 1976, ch. 112, sec. 1, p. 442.]
This act shall be known and may be cited as the "Motion Picture Fair Bidding Act."
[18-7701, added 1979, ch. 119, sec. 1, p. 368]
As used in this act:
(1) "Blind bidding" means bidding, negotiating, offering terms, making an invitation to bid, or agreeing to terms for the purpose of entering into a license agreement prior to a trade screening of the motion picture that is the subject of the agreement.
(2) "Distributor" means any person engaged in the business of renting, selling or licensing motion pictures to exhibitors.
(3) "Exhibitor" means any person engaged in the business of operating a theatre in this state.
(4) "License agreement" means any contract between a distributor and an exhibitor for the exhibition of a motion picture by the exhibitor of this state.
(5) "Theatre" means any establishment in which motion pictures are exhibited regularly to the public for a charge.
(6) "Trade screening" means the showing of a motion picture by a distributor, and such showing shall be open to any exhibitor interested in exhibiting the motion picture.
[18-7702, added 1979, ch. 119, sec. 2, p. 368]
No distributor shall engage in blind bidding.
[18-7703, added 1979, ch. 119, sec. 3, p. 369]
It shall be unlawful for any license agreement which provides for a fee or other payment to the distributor based in whole or in part on the attendance or the box office receipts at a theatre within the state to contain or be conditioned upon a guarantee of a minimum payment to the distributor.
(2) Any provision, agreement or understanding which provides for such a guarantee shall be void, and any purported waiver of the prohibition in subsection (1) of section 4 of this act shall be void and unenforceable.
[18-7704, added 1979, ch. 119, sec. 4, p. 369]
If bids are solicited from exhibitors for the purpose of entering into a license agreement, the bid shall include in the invitation to bid the date, time and location of the trade screening of the motion picture that is the subject of the invitation to bid.
[18-7705, added 1979, ch. 119, sec. 5, p. 369]
(1) It shall be unlawful for any license agreement for the exhibition of a motion picture at a theatre within the state to contain or be conditioned upon a provision, agreement or understanding that the exhibitor shall advance any funds prior to the exhibition of the picture as security for the performance of the license agreement or to be applied to payments under such agreement.
(2) Any provision, agreement or understanding which provides for such an advance shall be void, and any purported waiver of the prohibition in subsection (1) of section 6 of this act shall be void and unenforceable.
[18-7706, added 1979, ch. 119, sec. 6, p. 369]
Any provision of an invitation to bid or a license agreement that waives any of the prohibitions of or fails to comply with this act is void and unenforceable.
[18-7707, added 1979, ch. 119, sec. 7, p. 369]
It shall be unlawful for any person to willfully violate any provision of this act. Any such violation shall constitute a misdemeanor.
[18-7708, added 1979, ch. 119, sec. 8, p. 369]
This act shall be known and may be cited as the "Racketeering Act."
[18-7801, added 1981, ch. 219, sec. 1, p. 407.]
The purpose of this act is to eliminate the infiltration and illegal acquisition of legitimate economic enterprise by racketeering practices and to eliminate the use of legal and illegal enterprises to further criminal activities.
[18-7802, added 1981, ch. 219, sec. 1, p. 407.]
As used in this chapter:
(a) "Racketeering" means any act which is chargeable or indictable under the following sections of the Idaho Code or which are equivalent acts chargeable or indictable as equivalent crimes under the laws of any other jurisdiction:
(1) Homicide (section 18-4001, Idaho Code);
(2) Robbery, burglary, theft, forgery, counterfeiting, and related crimes (sections 18-1401, 18-1405, 18-2403, 18-2407, 18-3123, 18-3124, 18-3125, 18-3601, 18-3602, 18-3603, 18-3605, 18-3606, 18-3607, 18-3609, 18-3610, 18-3614, 18-3615, 18-4630, 18-6501 and 49-518, Idaho Code);
(3) Kidnapping (section 18-4501, Idaho Code);
(4) Commercial sexual activity (sections 18-5601, 18-5602, 18-5603, 18-5604, 18-5605, 18-5606, 18-5607, 18-5608 and 18-5609, Idaho Code);
(5) Arson (sections 18-801, 18-802, 18-803, 18-804 and 18-805, Idaho Code);
(6) Assault (sections 18-908 and 18-4015, Idaho Code);
(7) Lotteries and gambling (sections 18-3801, 18-3802, 18-3809, 18-4902, 18-4903, 18-4904, 18-4905, 18-4906 and 18-4908, Idaho Code);
(8) Indecency and obscenity (sections 18-1515, 18-1518, 18-4103, 18-4103A, 18-4104, 18-4105, 18-4105A and 18-4107, Idaho Code);
(9) Poisoning (sections 18-4014 and 18-5501, Idaho Code);
(10) Fraudulent practices, false pretenses, insurance fraud, financial transaction card crimes and fraud generally (sections 18-2403, 18-2706, 18-3002, 18-3101, 18-3124, 18-3125, 18-3126, 18-6713, 41-293, 41-294 and 41-1306, Idaho Code);
(11) Alcoholic beverages (sections 23-602, 23-606, 23-610, 23-703, 23-905, 23-914, 23-928, 23-934 and 23-938, Idaho Code);
(12) Cigarette taxes (sections 63-2505 and 63-2512(b), Idaho Code);
(13) Securities (sections 30-14-401, 30-14-402, 30-14-403, 30-14-404, 30-14-501, 30-14-502, 30-14-505 and 30-14-506, Idaho Code);
(14) Horseracing (section 54-2512, Idaho Code);
(15) Interest and usurious practices (sections 28-45-401 and 28-45-402, Idaho Code);
(16) Corporations (sections 18-1901, 18-1902, 18-1903, 18-1904, 18-1905, 18-1906 and 30-1510, Idaho Code);
(17) Perjury (sections 18-5401 and 18-5410, Idaho Code);
(18) Bribery and corrupt influence (sections 18-1352 and 18-1353, Idaho Code);
(19) Controlled substances (sections 37-2732(a), (b), (c), (e) and (f), 37-2732B, 37-2734 and 37-2734B, Idaho Code);
(20) Motor vehicles (sections 49-228, 49-231, 49-232 and 49-518, Idaho Code);
(21) Terrorism (section 18-8103, Idaho Code).
(b) "Person" means any individual or entity capable of holding a legal or beneficial interest in property;
(c) "Enterprise" means any sole proprietorship, partnership, corporation, business, labor union, association or other legal entity or any group of individuals associated in fact although not a legal entity, and includes illicit as well as licit entities; and
(d) "Pattern of racketeering activity" means engaging in at least two (2) incidents of racketeering conduct that have the same or similar intents, results, accomplices, victims or methods of commission, or otherwise are interrelated by distinguishing characteristics and are not isolated incidents, provided at least one (1) of such incidents occurred after the effective date of this act and that the last of such incidents occurred within five (5) years after a prior incident of racketeering conduct.
[18-7803, added 1981, ch. 219, sec. 1, p. 407; am. 1988, ch. 265, sec. 562, p. 858; am. 1999, ch. 143, sec. 3, p. 413; am. 2000, ch. 148, sec. 4, p. 384; am. 2002, ch. 222, sec. 5, p. 627; am. 2004, ch. 45, sec. 4, p. 226; am. 2004, ch. 49, sec. 3, p. 234; am. 2024, ch. 147, sec. 45, p. 580.]
(a) It is unlawful for any person who has received any proceeds derived directly or indirectly from a pattern of racketeering activity in which the person has participated, to use or invest, directly or indirectly, any part of the proceeds or the proceeds derived from the investment or use thereof in the acquisition of any interest in, or the establishment or operation of, any enterprise or real property. Whoever violates this subsection is guilty of a felony.
(b) It is unlawful for any person to engage in a pattern of racketeering activity in order to acquire or maintain, directly or indirectly, any interest in or control of any enterprise or real property. Whoever violates this subsection is guilty of a felony.
(c) It is unlawful for any person employed by or associated with any enterprise to conduct or participate, directly or indirectly, in the conduct of the affairs of such enterprise by engaging in a pattern of racketeering activity. Whoever violates the provisions of this subsection is guilty of a felony.
(d) It is unlawful for any person to conspire to violate any of the provisions of subsections (a) through (c) of this section. Whoever violates the provisions of this subsection is guilty of a felony.
(e) Whoever violates the provisions of this act is punishable by a fine not to exceed twenty-five thousand dollars ($25,000) and/or imprisonment not to exceed a term of fourteen (14) years in the Idaho state penitentiary.
(f) Upon a conviction of a violation under the provisions of this chapter, the court may order restitution for all costs and expenses of prosecution and investigation, pursuant to the terms and conditions set forth in section 37-2732(k), Idaho Code.
(g) In addition to any other penalties prescribed by law, whoever violates any provisions of this act shall forfeit to the state of Idaho:
(1) Any interest acquired or maintained in violation of the racketeering act; and
(2) Any interest in, security of, claim against or property or contractual right of any kind affording a source of influence over any enterprise which he has established, operated, controlled, conducted or participated in the conduct of in violation of the provisions of the racketeering act.
(h) In any action brought by the state under the racketeering act, the district court shall have jurisdiction to enter such restraining orders or prohibitions, or to take such other actions, including, but not limited to, the acceptance of satisfactory performance bonds, in connection with any property or other interest subject to forfeiture under the provisions of this section, as it shall deem proper.
(i) Upon conviction of a person under the provisions of this section, the court shall authorize the attorney general or the proper prosecuting attorney to seize all property or other interest declared forfeited under the provisions of this section upon such terms and conditions as the court shall deem proper, making due provision for the rights of innocent persons. If a property right or other interest is not exercisable or transferable for value by the convicted person, it shall expire and shall not revert to the convicted person.
[18-7804, added 1981, ch. 219, sec. 1, p. 408; am. 1993, ch. 105, sec. 2, p. 269.]
(a) A person who sustains injury to his person, business or property by a pattern of racketeering activity may file an action in the district court for the recovery of three (3) times the actual damages proved and the cost of the suit, including reasonable attorney’s fees.
(b) The state, through the attorney general or the proper county prosecuting attorney, may file an action on behalf of those persons injured or to prevent, restrain or remedy racketeering as defined by the racketeering act.
(c) The district court has jurisdiction to prevent, restrain and remedy racketeering after making provisions for the rights of all innocent persons affected by such violation and after hearing or trial, as appropriate, by issuing appropriate orders. Prior to a determination of liability, such orders may include, but are not limited to, entering restraining orders or prohibitions or taking such other actions, including the acceptance of satisfactory performance bonds, in connection with any property or other interest subject to damages, forfeiture or other restraints pursuant to this section as it deems proper.
(d) Following a determination of liability, such orders may include, but are not limited to:
(1) Ordering any person to divest himself of any interest, direct or indirect, in any enterprise;
(2) Imposing reasonable restrictions on the future activities or investments of any person;
(3) Ordering dissolution or reorganization of any enterprise;
(4) Ordering the payment of three (3) times the damages proved to those persons injured by racketeering;
(5) Ordering the suspension or revocation of a license, permit or prior approval granted to any enterprise by any agency of the state;
(6) Ordering the forfeiture of the charter of a corporation organized under the laws of the state or the revocation of a certificate authorizing a foreign corporation to conduct business within this state; and
(7) Ordering the payment of all costs and expenses of the prosecution and investigation of any offense included in the definition of racketeering incurred by a municipal, county or state government agency to the agency incurring the costs or expenses.
[18-7805, added 1981, ch. 219, sec. 1, p. 409; am. 1998, ch. 111, sec. 1, p. 415.]
The legislature finds and declares that it is the right of every person regardless of race, color, ancestry, religion or national origin, to be secure and protected from fear, intimidation, harassment, and physical harm caused by the activities of groups and individuals. It is not the intent of this act to interfere with the exercise of rights protected by the constitution of the United States. The legislature recognizes the constitutional right of every citizen to harbor and express beliefs on any subject whatsoever and to associate with others who share similar beliefs. The legislature further finds that the advocacy of unlawful acts by groups or individuals against other persons or groups for the purpose of inciting and provoking damage to property and bodily injury or death to persons is not constitutionally protected, poses a threat to public order and safety, and should be subject to criminal sanctions.
[18-7901, added 1983, ch. 110, sec. 2, p. 237.]
It shall be unlawful for any person, maliciously and with the specific intent to intimidate or harass another person because of that person’s race, color, religion, ancestry, or national origin, to:
(a) Cause physical injury to another person; or
(b) Damage, destroy, or deface any real or personal property of another person; or
(c) Threaten, by word or act, to do the acts prohibited if there is reasonable cause to believe that any of the acts described in subsections (a) and (b) of this section will occur.
For purposes of this section, "deface" shall include, but not be limited to, cross-burnings or the placing of any word or symbol commonly associated with racial, religious or ethnic terrorism on the property of another person without his or her permission.
[18-7902, added 1983, ch. 110, sec. 2, p. 237.]
(a) Malicious harassment is punishable by imprisonment in the state prison for a period not to exceed five (5) years or by fine not exceeding five thousand dollars ($5,000) or by both.
(b) In addition to the criminal penalty provided in subsection (a) of this section, there is hereby created a civil cause of action for malicious harassment. A person may be liable to the victim of malicious harassment for both special and general damages, including but not limited to damages for emotional distress, reasonable attorney fees and costs, and punitive damages.
(c) The penalties provided in this section for malicious harassment do not preclude victims from seeking any other remedies, criminal or civil, otherwise available under law.
[18-7903, added 1983, ch. 110, sec. 2, p. 237; am. 1987, ch. 275, sec. 1, p. 568.]
If a court of competent jurisdiction shall adjudge to be invalid or unconstitutional any clause, sentence, paragraph, section, or part of this act, such judgment or decree shall not affect, impair, invalidate or nullify the remainder of this act, but the effect thereof shall be confined to the clause, sentence, paragraph, section or part of this act so adjudged to be invalid or unconstitutional.
[18-7904, added 1983, ch. 110, sec. 2, p. 237.]
(1) A person commits the crime of stalking in the first degree if the person violates section 18-7906, Idaho Code, and:
(a) The actions constituting the offense are in violation of a temporary restraining order, protection order, no contact order or injunction, or any combination thereof; or
(b) The actions constituting the offense are in violation of a condition of probation or parole; or
(c) The victim is under the age of sixteen (16) years; or
(d) At any time during the course of conduct constituting the offense, the defendant possessed a deadly weapon or instrument; or
(e) The defendant has been previously convicted of a crime under this section or section 18-7906, Idaho Code, or a substantially conforming foreign criminal violation within seven (7) years, notwithstanding the form of the judgment or withheld judgment; or
(f) The defendant has been previously convicted of a crime, or an attempt, solicitation or conspiracy to commit a crime, involving the same victim as the present offense under any of the following provisions of Idaho Code or a substantially conforming foreign criminal violation within seven (7) years, notwithstanding the form of the judgment or withheld judgment:
(i) Chapter 9, title 18;
(ii) Chapter 15, title 18;
(iii) Chapter 61, title 18;
(iv) Section 18-4014 (administering poison with intent to kill);
(v) Section 18-4015 (assault with intent to murder);
(vi) Section 18-4501 (kidnapping);
(vii) Section 18-5501 (poisoning);
(viii) Section 18-6604 (forcible sexual penetration by use of foreign object);
(ix) Section 18-7902 (malicious harassment); or
(x) Section 18-8103 (act of terrorism).
(2) In this section, "course of conduct" and "victim" have the meanings given in section 18-7906(2), Idaho Code.
(3) For the purpose of this section, a "substantially conforming foreign criminal violation" exists when a person has pled guilty to or has been found guilty of a violation of any federal law or law of another state, or any valid county, city, or town ordinance of another state substantially conforming to the provisions of this section or section 18-7906, Idaho Code. The determination of whether a foreign criminal violation is substantially conforming is a question of law to be determined by the court.
(4) Stalking in the first degree is a felony punishable by a fine not exceeding ten thousand dollars ($10,000) or imprisonment in the state prison for not less than one (1) year nor more than five (5) years, or by both such fine and imprisonment.
[18-7905, added 2004, ch. 337, sec. 3, p. 1008; am. 2022, ch. 124, sec. 16, p. 449.]
(1) A person commits the crime of stalking in the second degree if the person knowingly and maliciously:
(a) Engages in a course of conduct that seriously alarms, annoys or harasses the victim and is such as would cause a reasonable person substantial emotional distress; or
(b) Engages in a course of conduct such as would cause a reasonable person to be in fear of death or physical injury, or in fear of the death or physical injury of a family or household member.
(2) As used in this section:
(a) "Course of conduct" means repeated acts of nonconsensual contact involving the victim or a family or household member of the victim, provided however, that constitutionally protected activity is not included within the meaning of this definition.
(b) "Family or household member" means:
(i) A spouse or former spouse of the victim, a person who has a child in common with the victim regardless of whether they have been married, a person with whom the victim is cohabiting whether or not they have married or have held themselves out to be husband or wife, and persons related to the victim by blood, adoption or marriage; or
(ii) A person with whom the victim is or has been in a dating relationship, as defined in section 39-6303, Idaho Code; or
(iii) A person living in the same residence as the victim.
(c) "Nonconsensual contact" means any contact with the victim that is initiated or continued without the victim’s consent, that is beyond the scope of the consent provided by the victim, or that is in disregard of the victim’s expressed desire that the contact be avoided or discontinued. "Nonconsensual contact" includes, but is not limited to:
(i) Following the victim or maintaining surveillance, including by electronic means, on the victim;
(ii) Contacting the victim in a public place or on private property;
(iii) Appearing at the workplace or residence of the victim;
(iv) Entering onto or remaining on property owned, leased or occupied by the victim;
(v) Contacting the victim by telephone or causing the victim’s telephone to ring repeatedly or continuously regardless of whether a conversation ensues;
(vi) Sending mail or electronic communications to the victim; or
(vii) Placing an object on, or delivering an object to, property owned, leased or occupied by the victim.
(d) "Victim" means a person who is the target of a course of conduct.
(3) Stalking in the second degree is punishable by imprisonment in the county jail for not more than one (1) year or by a fine of not more than one thousand dollars ($1,000), or by both such fine and imprisonment.
[18-7906, added 2004, ch. 337, sec. 4, p. 1009.]
(1) There shall exist an action known as a "petition for a protection order" in cases where a person intentionally engages in the following conduct:
(a) Stalks, in any degree, as described in sections 18-7905 and 18-7906, Idaho Code;
(b) Telephones another with the intent to terrify, threaten, or intimidate such other person and addresses to such other person any threat to inflict injury or physical harm to the person addressed or any member of his family and engages in such conduct with any device that provides transmission of messages, signals, facsimiles, video images, or other communication by means of telephone, telegraph, cable, wire, or the projection of energy without physical connection between persons who are physically separated from each other; or
(c) Based upon another person’s race, color, religion, ancestry, or national origin, intimidates or harasses another person or causes, or threatens to cause, physical injury to another person or damage to any real or personal property of another person.
(2) A person may seek relief from such conduct for himself, his children or his ward by filing a verified petition for a protection order with the magistrate division of the district court, alleging specific facts that a person for whom protection is sought was the victim of such conduct within the ninety (90) days immediately preceding the filing of the petition and that such conduct is likely to occur in the future. Evidence of such conduct occurring prior to such ninety (90) day period may be admissible to show that conduct committed within the ninety (90) day period is part of a course or pattern of conduct as described in subsection (1) of this section and may be admissible as otherwise permitted in accordance with court rule and decisional law.
(3) Upon the filing of a verified petition for a protection order, the court shall hold a hearing within fourteen (14) days to determine whether the relief sought shall be granted unless the court determines that the petition fails to state sufficient facts to warrant relief authorized by this section. If either party is represented by counsel at such hearing, the court shall grant a request for a continuance of the proceedings so that counsel may be obtained by the other party. Such order may require either the petitioner or respondent, or both, to pay for costs, including reasonable attorney’s fees.
(4) Upon a showing by a preponderance of the evidence that a person for whom protection is sought in the petition was the victim of conduct committed by the respondent that constitutes conduct as described in subsection (1) of this section, within ninety (90) days immediately preceding the filing of the petition, and that such conduct is likely to occur in the future to such person, the court may issue a protection order. Such protection order may:
(a) Direct the respondent to refrain from conduct described in subsection (1) of this section;
(b) Order the respondent to refrain from contacting the petitioner or any other person for whom the petition sought protection; and
(c) Grant such other relief and impose such other restrictions as the court deems proper, that may include a requirement that the respondent not knowingly remain within a certain distance of the protected person, which distance restriction may not exceed one thousand five hundred (1,500) feet.
(5) The petition and the court’s protection order shall be served on the respondent in the manner provided in section 39-6310, Idaho Code.
(6)(a) Notice of a protection order shall be forwarded by the clerk of the court, 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 public safety and security information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the Idaho public safety and security information 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.
(c) 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 protection order.
(7) Any relief granted by a protection order, other than a judgment for costs, shall be for a fixed period not to exceed one (1) year; provided that a protection order obtained pursuant to this section may, upon motion and upon good cause shown, be renewed, modified, or terminated by further order of the court with notice to all parties and after a hearing or written stipulation filed with the court.
(8) Whenever a protection order, or an ex parte temporary protection order issued pursuant to this chapter, is granted and the respondent or person to be restrained was served a copy of the order in the manner provided in section 39-6310, Idaho Code, a violation of the provisions of the order shall be a misdemeanor punishable by not to exceed one (1) year in jail and a fine not to exceed five thousand dollars ($5,000). A peace officer may arrest without a warrant and take into custody a person who the peace officer has probable cause to believe has violated such order.
(9) A petition shall be filed in the county of the respondent’s residence, the petitioner’s residence or where the petitioner is temporarily residing.
(10) A person may file a single verified petition seeking relief pursuant to this chapter and section 39-6304, Idaho Code. Such petition shall separately set forth the matters pertaining to each such provision of law. All procedural and substantive requirements governing petitions for domestic violence protection orders under chapter 63, title 39, Idaho Code, shall apply with respect to the issuance of such domestic violence protection orders.
(11) As used in this section, "contact" means any actual physical contact; contact or attempted contact, directly or indirectly, by telephone, pager, e-mail, facsimile or other oral, written or electronic means of communication.
[18-7907, added 2016, ch. 270, sec. 1, p. 725; am. 2019, ch. 162, sec. 1, p. 547.]
(1) Where a verified petition for a protection order under this chapter seeks an ex parte temporary protection order, such an ex parte temporary protection order may be granted to the petitioner if the court finds that present harm could result if an order is not immediately issued without prior notice to the respondent and that the respondent has intentionally engaged in the conduct described in section 18-7907(1), Idaho Code.
(2) The court may grant an ex parte temporary protection order based upon the verified petition submitted and set the matter for a full hearing under section 18-7907, Idaho Code. If the court does not grant an ex parte temporary protection order based upon the petition, the court may hold an ex parte hearing on the day a petition is filed or on the following judicial day to determine whether the court should grant an ex parte temporary protection order and set the matter for a full hearing under section 18-7907, Idaho Code, dismiss the verified petition, or deny the ex parte temporary protection order and set the matter for a full hearing under section 18-7907, Idaho Code. An ex parte temporary protection order may grant the same relief as specified in section 18-7907(4), Idaho Code.
(3) An ex parte hearing to consider the issuance of an ex parte temporary protection order may be conducted by telephone or other electronic means in accordance with any procedures authorized by the Idaho supreme court.
(4) An ex parte temporary protection order shall be effective for a fixed period not to exceed fourteen (14) days but may be reissued for good cause shown. A full hearing, as provided in this chapter, shall be set for not later than fourteen (14) days from the issuance of the ex parte temporary protection order. Motions seeking an order shortening the time period must be served upon the petitioner at least two (2) days prior to the hearing on the motion.
(5) Except as otherwise provided in this section, the provisions of section 18-7907, Idaho Code, are applicable to a petition for protective order seeking an ex parte temporary protection order and to any ex parte temporary restraining order issued pursuant to this section.
[18-7908, added 2016, ch. 270, sec. 2, p. 726; am. 2019, ch. 162, sec. 2, p. 549.]
No filing fee, service fee, hearing fee or bond shall be charged for proceedings seeking only the relief provided under sections 18-7907 and 18-7908, Idaho Code.
[18-7909, added 2016, ch. 270, sec. 3, p. 727.]
(1)(a) Except as provided in paragraph (b) of this subsection, any person who drives or is in actual physical control of any motor vehicle upon the highways of this state with knowledge or who has received legal notice pursuant to section 49-320, Idaho Code, that his driver’s license, driving privileges or permit to drive is revoked, disqualified or suspended in this state or any other jurisdiction is guilty of a misdemeanor.
(b) Any person who drives or is in actual physical control of any motor vehicle upon the highways of this state with knowledge or who has received legal notice pursuant to section 49-320, Idaho Code, that his driver’s license, driving privileges or permit to drive is revoked, disqualified or suspended in this state or any other jurisdiction and whose license was suspended for any reason outlined in sections 18-1502, 49-326(1)(g), 49-1204 and 49-1207, Idaho Code, is guilty of an infraction punishable by a fine of one hundred fifty dollars ($150).
(2) A person has knowledge that his license, driving privileges or permit to drive is revoked, disqualified or suspended when:
(a) He has actual knowledge of the revocation, disqualification or suspension of his license, driving privileges or permit to drive; or
(b) He has received oral or written notice from a verified, authorized source that his license, driving privileges or permit to drive was revoked, disqualified or suspended; or
(c) Notice of the suspension, disqualification or revocation of his license, driving privileges or permit to drive was mailed by first class mail to his address pursuant to section 49-320, Idaho Code, as shown in the transportation department records, and he failed to receive the notice or learn of its contents as a result of his own unreasonable, intentional or negligent conduct or his failure to keep the transportation department apprised of his mailing address as required by section 49-320, Idaho Code; or
(d) He has knowledge of, or a reasonable person in his situation exercising reasonable diligence would have knowledge of, the existence of facts or circumstances which, under Idaho law, might have caused the revocation, disqualification or suspension of his license, driving privileges or permit to drive.
(3) A minor may be prosecuted for a violation of subsection (1) of this section under chapter 5, title 20, Idaho Code.
(4) If a person is convicted for a violation of section 18-8004, 18-8004C or 18-8006, Idaho Code, and at the time of arrest had no driving privileges, the penalties imposed by this section shall be in addition to any penalties imposed under the provisions of section 18-8005, 18-8004A, 18-8004C or 18-8006, Idaho Code, and not in lieu thereof.
(5) In no event shall a person be granted restricted driving privileges unless the person shows proof of liability insurance or other proof of financial responsibility, as provided in chapter 12, title 49, Idaho Code.
(6) In no event shall a person who is disqualified or whose driving privileges are suspended, revoked or canceled under the provisions of this chapter be granted restricted driving privileges to operate a commercial motor vehicle.
[18-8001, added 1984, ch. 22, sec. 2, p. 26; am. 1988, ch. 265, sec. 563, p. 859; am. 1989, ch. 88, sec. 59, p. 198; am. 1990, ch. 45, sec. 42, p. 109; am. 1990, ch. 432, sec. 9, p. 1201; am. 1992, ch. 115, sec. 38, p. 379; am. 1994, ch. 148, sec. 1, p. 336; am. 1998, ch. 110, sec. 1, p. 377; am. 1998, ch. 325, sec. 1, p. 1051; am. 2003, ch. 157, sec. 1, p. 443; am. 2005, ch. 359, sec. 13, p. 1140; am. 2007, ch. 34, sec. 1, p. 78; am. 2011, ch. 105, sec. 1, p. 269; am. 2018, ch. 298, sec. 1, p. 703.]
(1) Any person who drives or is in actual physical control of a motor vehicle in this state shall be deemed to have given his consent to evidentiary testing for concentration of alcohol as defined in section 18-8004, Idaho Code, and to have given his consent to evidentiary testing for the presence of drugs or other intoxicating substances, provided that such testing is administered at the request of a peace officer having reasonable grounds to believe that person has been driving or was in actual physical control of a motor vehicle in violation of the provisions of section 18-8004 or 18-8006, Idaho Code.
(2) Such person shall not have the right to consult with an attorney before submitting to such evidentiary testing.
(3) At the time evidentiary testing for concentration of alcohol or for the presence of drugs or other intoxicating substances is requested, the person shall be informed that if he refuses to submit to or if he fails to complete evidentiary testing:
(a) He is subject to a civil penalty of two hundred fifty dollars ($250) for refusing to take the test;
(b) He is subject to mandatory installation of a state-approved ignition interlock system, at his expense, on all of the motor vehicles operated by him for a period to end one (1) year following the end of the suspension period;
(c) He has the right to request a hearing within seven (7) days to show cause why he refused to submit to or complete evidentiary testing;
(d) If he does not request a hearing or does not prevail at the hearing, the court shall sustain the civil penalty and shall order the required installation of a state-approved ignition interlock system on all motor vehicles operated by him and his driver’s license will be suspended absolutely for one (1) year if this is his first refusal and two (2) years if this is his second refusal within ten (10) years;
(e) Provided however, if he is admitted to a problem solving court program and has served at least forty-five (45) days of an absolute suspension of driving privileges, then he may be eligible for a restricted permit for the purpose of getting to and from work, school or an alcohol treatment program, but only if a state-approved ignition interlock system has been installed, at his expense, on all motor vehicles operated by him; and
(f) After submitting to evidentiary testing, he may, when practicable, at his own expense, have additional tests made by a person of his own choosing.
(4) If the motorist refuses to submit to or complete evidentiary testing after the information has been given in accordance with subsection (3) of this section:
(a) He shall be fined a civil penalty of two hundred fifty dollars ($250);
(b) The court shall direct the installation, at his expense, of a state-approved ignition interlock system meeting the requirements set forth in section 18-8008, Idaho Code, on all motor vehicles operated by him for a period of one (1) year following the end of the suspension period;
(c) A written request may be made within seven (7) calendar days for a hearing before the court; if requested, the hearing must be held within thirty (30) days of the date of service unless this period is, for good cause shown, extended by the court for one (1) additional thirty (30) day period. The hearing shall be limited to the question of why the defendant did not submit to or complete evidentiary testing, and the burden of proof shall be upon the defendant; the court shall sustain a two hundred fifty dollar ($250) civil penalty immediately, suspend all the defendant’s driving privileges immediately for one (1) year for a first refusal and two (2) years for a second refusal within ten (10) years and direct the installation, at his expense, of a state-approved ignition interlock system meeting the requirements set forth in section 18-8008, Idaho Code, on all motor vehicles operated by him for a period to end one (1) year following the end of the suspension period, unless it finds that the peace officer did not have legal cause to stop and request him to take the test or that the request violated his civil rights;
(d) If a hearing is not requested by written notice to the court concerned within seven (7) calendar days, upon receipt of a sworn statement by the peace officer of the circumstances of the refusal, the court shall sustain a two hundred fifty dollar ($250) civil penalty, suspend the defendant’s driving privileges for one (1) year for a first refusal and two (2) years for a second refusal within ten (10) years, during which time he shall have absolutely no driving privileges of any kind, and direct the installation of a state-approved ignition interlock system, at his expense, meeting the requirements set forth in section 18-8008, Idaho Code, on all motor vehicles operated by him for a period to end one (1) year following the end of the suspension period;
(e) Notwithstanding the provisions of paragraphs (c) and (d) of this subsection, if the defendant is enrolled in and is a participant in good standing in a drug court or mental health court approved by the supreme court drug court and mental health court coordinating committee under the provisions of chapter 56, title 19, Idaho Code, or other similar problem solving court utilizing community-based sentencing alternatives, then the defendant shall be eligible for restricted noncommercial driving privileges for the purpose of getting to and from work, school or an alcohol treatment program, which may be granted by the presiding judge of the drug court or mental health court or other similar problem solving court, provided that the defendant has served a period of absolute suspension of driving privileges of at least forty-five (45) days, that a state-approved ignition interlock system meeting the requirements set forth in section 18-8008, Idaho Code, is installed, at his expense, on all motor vehicles operated by him for a period to end one (1) year following the end of the suspension period and that the defendant has shown proof of financial responsibility as defined and in the amounts specified in section 49-117, Idaho Code, provided that the restricted noncommercial driving privileges and the requirement of a state-approved ignition interlock system may be continued if the defendant successfully completes the drug court, mental health court or other similar problem solving court, and that the court may revoke such privileges for failure to comply with the terms of probation or with the terms and conditions of the drug court, mental health court or other similar problem solving court program; and
(f) After submitting to evidentiary testing at the request of the peace officer, he may, when practicable, at his own expense, have additional tests made by a person of his own choosing. The failure or inability to obtain an additional test or tests by a person shall not preclude the admission of results of evidentiary testing for alcohol concentration or for the presence of drugs or other intoxicating substances taken at the direction of the peace officer unless the additional test was denied by the peace officer.
(5) Any sustained sanction under this section or section 18-8002A, Idaho Code, shall be a sanction separate and apart from any other sanction imposed for a violation of other Idaho motor vehicle codes or for a conviction of an offense pursuant to this chapter and may be appealed to the district court.
(6) No hospital, hospital officer, agent, or employee, or health care professional licensed by the state of Idaho, whether or not such person has privileges to practice in the hospital in which a body fluid sample is obtained or an evidentiary test is made, shall incur any civil or criminal liability for any act arising out of administering an evidentiary test for alcohol concentration or for the presence of drugs or other intoxicating substances at the request or order of a peace officer in the manner described in this section and section 18-8002A, Idaho Code; provided that nothing in this section shall relieve any such person or legal entity from civil liability arising from the failure to exercise the community standard of care.
(a) This immunity extends to any person who assists any individual to withdraw a blood sample for evidentiary testing at the request or order of a peace officer, which individual is authorized to withdraw a blood sample under the provisions of section 18-8003, Idaho Code, regardless of the location where the blood sample is actually withdrawn.
(b) A peace officer is empowered to order an individual authorized in section 18-8003, Idaho Code, to withdraw a blood sample for evidentiary testing when the peace officer has probable cause to believe that the suspect has committed any of the following offenses:
(i) Aggravated driving under the influence of alcohol, drugs or other intoxicating substances as provided in section 18-8006, Idaho Code;
(ii) Vehicular manslaughter as provided in subsection (3)(a), (b) and (c) of section 18-4006, Idaho Code;
(iii) Aggravated operating of a vessel on the waters of the state while under the influence of alcohol, drugs or other intoxicating substances as provided in section 67-7035, Idaho Code; or
(iv) Any criminal homicide involving a vessel on the waters of the state while under the influence of alcohol, drugs or other intoxicating substances.
(c) Nothing herein shall limit the discretion of the hospital administration to designate the qualified hospital employee responsible to withdraw the blood sample.
(d) The law enforcement agency that requests or orders withdrawal of the blood sample shall pay the reasonable costs to withdraw such blood sample, perform laboratory analysis, preserve evidentiary test results, and testify in judicial proceedings. The court may order restitution pursuant to the provisions of section 18-8003(2), Idaho Code.
(e) The withdrawal of the blood sample may be delayed or terminated if:
(i) In the reasonable judgment of the hospital personnel, withdrawal of the blood sample may result in serious bodily injury to hospital personnel or other patients; or
(ii) The licensed health care professional treating the suspect believes the withdrawal of the blood sample is contraindicated because of the medical condition of the suspect or other patients.
(7) "Actual physical control" as used in this section and section 18-8002A, Idaho Code, shall be defined as being in the driver’s position of the motor vehicle with the motor running or with the motor vehicle moving.
(8) Any written notice required by this section shall be effective upon mailing.
(9) For the purposes of this section and section 18-8002A, Idaho Code, "evidentiary testing" shall mean a procedure or test or series of procedures or tests, including the additional test authorized in subsection (10) of this section, utilized to determine the concentration of alcohol or the presence of drugs or other intoxicating substances in a person.
(10) A person who submits to a breath test for alcohol concentration, as defined in subsection (4) of section 18-8004, Idaho Code, may also be requested to submit to a second evidentiary test of blood or urine for the purpose of determining the presence of drugs or other intoxicating substances if the peace officer has reasonable cause to believe that a person was driving under the influence of any drug or intoxicating substance or the combined influence of alcohol and any drug or intoxicating substance. The peace officer shall state in his or her report the facts upon which that belief is based.
(11) Notwithstanding any other provision of law to the contrary, the civil penalty imposed under the provisions of this section must be paid, as ordered by the court, to the county justice fund or the county current expense fund where the incident occurred. If a person does not pay the civil penalty imposed as provided in this section within thirty (30) days of the imposition, unless this period has been extended by the court for good cause shown, the prosecuting attorney representing the political subdivision where the incident occurred may petition the court in the jurisdiction where the incident occurred to file the order imposing the civil penalty as an order of the court. Once entered, the order may be enforced in the same manner as a final judgment of the court. In addition to the civil penalty, attorney’s fees, costs and interest may be assessed against any person who fails to pay the civil penalty.
(12) Upon petition of the person required to install an ignition interlock device pursuant to subsection (4)(b) of this section, section 18-8002A(4), 18-8005(1)(e), or 18-8008, Idaho Code, a court in its discretion may relieve the person from the installation of the device where the court finds it clear and convincing that the person will not present a danger to the public or that there are exceptional or mitigating circumstances demonstrating that installation of the device is unnecessary or unwarranted. Financial hardship, standing alone, is not an exceptional or mitigating circumstance. If no civil or criminal case is pending related to the order to install the ignition interlock device, a person may file a petition for relief in magistrate court under this section in his county of residence, or, if such person has no county of residence in Idaho, in Ada county, if such petition is filed within thirty (30) days of the order requiring the installation of the interlock device. While any petition for judicial review in district court or motion or petition before a magistrate court is pending, the ignition interlock device requirement shall be stayed. The Idaho transportation department shall not be a party to any petition for interlock relief filed before a court. An order for relief from the installation of the ignition interlock device from any court shall apply to all statutory ignition interlock requirements.
(13) A court may determine that an offender is eligible to utilize available funds from the court interlock device and electronic monitoring device fund, as outlined in section 18-8010, Idaho Code, for the installation and operation of an ignition interlock device, based on evidence of financial hardship.
(14) As used in this section, "at his expense" includes the cost of obtaining, installing, using and maintaining an ignition interlock system.
[18-8002, added 1984, ch. 22, sec. 2, p. 27; am. 1987, ch. 122, sec. 1, p. 248; am. 1987, ch. 132, sec. 1, p. 263; am. 1987, ch. 220, sec. 2, p. 469; am. 1989, ch. 88, sec. 60, p. 199; am. 1989, ch. 366, sec. 1, p. 915; am. 1989, ch. 367, sec. 1, p. 920; am. 1990, ch. 45, sec. 43, p. 111; am. 1992, ch. 115, sec. 39, p. 381; am. 1992, ch. 133, sec. 1, p. 416; am. 1993, ch. 413, sec. 1, p. 1516; am. 2006, ch. 224, sec. 1, p. 665; am. 2006, ch. 261, sec. 1, p. 800; am. 2009, ch. 108, sec. 1, p. 344; am. 2009, ch. 184, sec. 1, p. 584; am. 2011, ch. 15, sec. 1, p. 43; am. 2011, ch. 265, sec. 1, p. 710; am. 2014, ch. 63, sec. 2, p. 152; am. 2018, ch. 254, sec. 2, p. 587; am. 2021, ch. 236, sec. 1, p. 716.]
(1) Definitions. As used in this section:
(a) "Actual physical control" means being in the driver’s position of a motor vehicle with the motor running or with the vehicle moving.
(b) "Administrative hearing" means a hearing conducted by a hearing officer to determine whether a suspension imposed by the provisions of this section should be vacated or sustained.
(c) "Department" means the Idaho transportation department and, as the context requires, shall be construed to include any agent of the department designated by rule as hereinafter provided.
(d) "Director" means the director of the Idaho transportation department.
(e) "Evidentiary testing" means a procedure or test or series of procedures or tests utilized to determine the concentration of alcohol or the presence of drugs or other intoxicating substances in a person, including additional testing authorized by subsection (6) of this section. An evidentiary test for alcohol concentration shall be based on a formula of grams of alcohol per one hundred (100) cubic centimeters of blood, per two hundred ten (210) liters of breath, or per sixty-seven (67) milliliters of urine. Analysis of blood, breath or urine for the purpose of determining alcohol concentration shall be performed by a laboratory operated by the Idaho state police or by a laboratory approved by the Idaho state police under the provisions of approval and certification standards to be set by the Idaho state police, or by any other method approved by the Idaho state police. Notwithstanding any other provision of law or rule of court, the results of any test for alcohol concentration and records relating to calibration, approval, certification or quality control performed by a laboratory operated and approved by the Idaho state police or by any other method approved by the Idaho state police shall be admissible in any proceeding in this state without the necessity of producing a witness to establish the reliability of the testing procedure for examination.
(f) "Hearing officer" means a person designated by the department to conduct administrative hearings. The hearing officer shall have authority to administer oaths, examine witnesses and take testimony, receive relevant evidence, issue subpoenas, regulate the course and conduct of the hearing and make a final ruling on the issues before him.
(g) "Hearing request" means a request for an administrative hearing on the suspension imposed by the provisions of this section.
(2) Information to be given. At the time of evidentiary testing for concentration of alcohol or for the presence of drugs or other intoxicating substances is requested, the person shall be informed that if the person refuses to submit to or fails to complete evidentiary testing, or if the person submits to and completes evidentiary testing and the test results indicate an alcohol concentration or the presence of drugs or other intoxicating substances in violation of section 18-8004, 18-8004C or 18-8006, Idaho Code, the person shall be informed substantially as follows (but need not be informed verbatim):
If you refuse to submit to or if you fail to complete and pass evidentiary testing for alcohol or other intoxicating substances:
(a) The peace officer will issue a notice of suspension and you will be required to install, at your expense, a state-approved ignition interlock system on all motor vehicles you operate for a period to end one (1) year following the end of the suspension period;
(b) You have the right to request a hearing within seven (7) days of the notice of suspension of your driver’s license to show cause why you refused to submit to or to complete and pass evidentiary testing and why your driver’s license should not be suspended;
(c) If you refused or failed to complete evidentiary testing and do not request a hearing before the court or do not prevail at the hearing, your driver’s license will be suspended and you will be required to install, at your expense, a state-approved ignition interlock system on all motor vehicles you operate for a period to end one (1) year following the end of the suspension period. The suspension will be for one (1) year if this is your first refusal. The suspension will be for two (2) years if this is your second refusal within ten (10) years. You will not be able to obtain a temporary restricted license during that period;
(d) If you complete evidentiary testing and fail the testing and do not request a hearing before the department or do not prevail at the hearing, your driver’s license will be suspended and you will be required to install, at your expense, a state-approved ignition interlock system on all motor vehicles you operate for a period to end one (1) year following the end of the suspension period. This suspension will be for ninety (90) days if this is your first failure of evidentiary testing, but you may request restricted noncommercial vehicle driving privileges after the first thirty (30) days. The suspension will be for one (1) year if this is your second failure of evidentiary testing within five (5) years. You will not be able to obtain a temporary restricted license during that period;
(e) However, if you are admitted to a problem solving court program and have served at least forty-five (45) days of an absolute suspension of driving privileges, you may be eligible for a restricted permit for the purpose of getting to and from work, school or an alcohol treatment program, but only if you install, at your expense, a state-approved ignition interlock system on all motor vehicles you operate;
(f) However, if you are admitted to a diversion program under section 19-3509, Idaho Code, you may be eligible for a restricted permit for the purpose of getting to and from work, school, medical appointments, or a treatment program, but only if you install, at your expense, a state-approved ignition interlock system on all motor vehicles you operate; and
(g) After submitting to evidentiary testing, you may, when practicable, at your own expense, have additional tests made by a person of your own choosing.
(3) Rulemaking authority of the Idaho state police. The Idaho state police may, pursuant to chapter 52, title 67, Idaho Code, prescribe by rule:
(a) What testing is required to complete evidentiary testing under this section; and
(b) What calibration or checking of testing equipment must be performed to comply with the department’s requirements. Any rules of the Idaho state police shall be in accordance with the following: a test for alcohol concentration in breath as defined in section 18-8004, Idaho Code, and subsection (1)(e) of this section will be valid for the purposes of this section if the breath alcohol testing instrument was approved for testing by the Idaho state police in accordance with section 18-8004, Idaho Code, at any time within ninety (90) days before the evidentiary testing. A test for alcohol concentration in blood or urine as defined in section 18-8004, Idaho Code, that is reported by the Idaho state police or by any laboratory approved by the Idaho state police to perform this test will be valid for the purposes of this section.
(4) Suspension and ignition interlock system.
(a) Upon receipt of the sworn statement of a peace officer that there existed legal cause to believe a person had been driving or was in actual physical control of a motor vehicle while under the influence of alcohol, drugs or other intoxicating substances and that the person submitted to a test and the test results indicated an alcohol concentration or the presence of drugs or other intoxicating substances in violation of section 18-8004, 18-8004C or 18-8006, Idaho Code, the department shall suspend the person’s driver’s license, driver’s permit, driving privileges or nonresident driving privileges:
(i) For a period of ninety (90) days for a first failure of evidentiary testing under the provisions of this section. The first thirty (30) days of the suspension shall be absolute and the person shall have absolutely no driving privileges of any kind. Restricted noncommercial vehicle driving privileges applicable during the remaining sixty (60) days of the suspension may be requested as provided in subsection (9) of this section.
(ii) For a period of one (1) year for a second and any subsequent failure of evidentiary testing under the provisions of this section within the immediately preceding five (5) years. No driving privileges of any kind shall be granted during the suspension imposed pursuant to this subparagraph.
The department shall also direct the installation, at the offender’s expense, of a state-approved ignition interlock system meeting the requirements of section 18-8008, Idaho Code, on all motor vehicles operated by the offender for a period to end one (1) year following the end of the suspension period.
The person may request an administrative hearing on the suspension as provided in subsection (7) of this section. Any right to contest the suspension shall be waived if a hearing is not requested as therein provided.
(b) The suspension shall become effective thirty (30) days after service upon the person of the notice of suspension and notice of the requirement to install, at his expense, a state-approved ignition interlock system for a period to end one (1) year following the end of the suspension period. The notice shall be in a form provided by the department and shall state:
(i) The reason and statutory grounds for the suspension and the requirement to install the ignition interlock system;
(ii) The effective date of the suspension and the requirement to install the ignition interlock system;
(iii) The suspension periods to which the person may be subject as provided in paragraph (a) of this subsection;
(iv) The procedures for obtaining restricted noncommercial vehicle driving privileges;
(v) The rights of the person to request an administrative hearing on the suspension and that, if an administrative hearing is not requested within seven (7) days of service of the notice of suspension and notice of the requirement to install the ignition interlock system, the right to contest the suspension shall be waived;
(vi) The procedures for obtaining an administrative hearing on the suspension;
(vii) The right to judicial review of the hearing officer’s decision on the suspension and the procedures for seeking such review.
(c) Notwithstanding the provisions of paragraph (a)(i) and (ii) of this subsection, a person who is enrolled in and is a participant in good standing in a drug court or mental health court approved by the supreme court drug court and mental health court coordinating committee under the provisions of chapter 56, title 19, Idaho Code, or other similar problem solving court utilizing community-based sentencing alternatives shall be eligible for restricted noncommercial driving privileges for the purpose of getting to and from work, school or an alcohol treatment program, which may be granted by the presiding judge of the drug court or mental health court or other similar problem solving court, provided that the offender has served a period of absolute suspension of driving privileges of at least forty-five (45) days, that a state-approved ignition interlock system is installed, at his expense, on all motor vehicles operated by him for a period to end one (1) year following the end of the suspension period and that the offender has shown proof of financial responsibility as defined and in the amounts specified in section 49-117, Idaho Code, provided that the restricted noncommercial driving privileges may be continued if the offender successfully completes the drug court, mental health court or other similar problem solving court, and that the court may revoke such privileges for failure to comply with the terms of probation or with the terms and conditions of the drug court, mental health court or other similar problem solving court program.
(5) Service of suspension and ignition interlock system by peace officer or the department. If the driver submits to evidentiary testing after the information in subsection (2) of this section has been provided and the results of the test indicate an alcohol concentration or the presence of drugs or other intoxicating substances in violation of the provisions of section 18-8004, 18-8004C or 18-8006, Idaho Code:
(a) The peace officer shall, acting on behalf of the department, serve the person with a notice of suspension and notice of the requirement to install, at his expense, a state-approved ignition interlock system for a period to end one (1) year following the end of the suspension period in the form and containing the information required under subsection (4) of this section. The department may serve the person with a notice of suspension and the requirement to install the ignition interlock system if the peace officer failed to do so or failed to include the date of service as provided in subsection (4)(b) of this section.
(b) Within five (5) business days following service of a notice of suspension and notice of the requirement to install the ignition interlock system, the peace officer shall forward to the department a copy of the completed notice of suspension and notice of the requirement to install the ignition interlock system form upon which the date of service upon the driver shall be clearly indicated, a certified copy or duplicate original of the results of all tests for alcohol concentration, as shown by analysis of breath administered at the direction of the peace officer, and a sworn statement of the officer, which may incorporate any arrest or incident reports relevant to the arrest and evidentiary testing setting forth:
(i) The identity of the person;
(ii) Stating the officer’s legal cause to stop the person;
(iii) Stating the officer’s legal cause to believe that the person had been driving or was in actual physical control of a motor vehicle while under the influence of alcohol, drugs or other intoxicating substances in violation of the provisions of section 18-8004, 18-8004C or 18-8006, Idaho Code;
(iv) That the person was advised of the consequences of taking and failing the evidentiary test as provided in subsection (2) of this section;
(v) That the person was lawfully arrested;
(vi) That the person was tested for alcohol concentration, drugs or other intoxicating substances as provided in this chapter, and that the results of the test indicated an alcohol concentration or the presence of drugs or other intoxicating substances in violation of the provisions of section 18-8004, 18-8004C or 18-8006, Idaho Code.
If an evidentiary test of blood or urine was administered rather than a breath test, the peace officer or the department shall serve the notice of suspension once the results are received. The sworn statement required in this subsection shall be made on forms in accordance with rules adopted by the department.
(c) The department may serve the person with a notice of suspension if the peace officer failed to issue the notice of suspension or failed to include the date of service as provided in subsection (4)(b) of this section.
(6) Additional tests. After submitting to evidentiary testing at the request of the peace officer, the person may, when practicable, at his own expense, have additional tests for alcohol concentration or for the presence of drugs or other intoxicating substances made by a person of his own choosing. The person’s failure or inability to obtain additional tests shall not preclude admission of the results of evidentiary tests administered at the direction of the peace officer unless additional testing was denied by the peace officer.
(7) Administrative hearing on suspension. A person who has been served with a notice of suspension and notice of the requirement to install the ignition interlock system after submitting to an evidentiary test may request an administrative hearing on the suspension before a hearing officer designated by the department. The hearing may be held only on the suspension and not on the requirement to install an ignition interlock system. The request for hearing shall be in writing and must be received by the department within seven (7) calendar days of the date of service upon the person of the notice of suspension and notice of the requirement to install the ignition interlock system and shall include what issue or issues shall be raised at the hearing. The date on which the hearing request was received shall be noted on the face of the request.
If a hearing is requested, the hearing shall be held within twenty (20) days of the date the hearing request was received by the department unless this period is, for good cause shown, extended by the hearing officer for a ten (10) day period. Such extension shall not operate as a stay of the suspension, notwithstanding an extension of the hearing date beyond such thirty (30) day period. Written notice of the date and time of the hearing shall be sent to the party requesting the hearing at least seven (7) days prior to the scheduled hearing date. The department may conduct all hearings by telephone if each participant in the hearing has an opportunity to participate in the entire proceeding while it is taking place.
The hearing shall be recorded. The sworn statement of the arresting officer and the copy of the notice of suspension and the notice of the requirement to install the ignition interlock system issued by the officer shall be admissible at the hearing without further evidentiary foundation. The results of any tests for alcohol concentration or the presence of drugs or other intoxicating substances by analysis of blood, urine or breath administered at the direction of the peace officer and the records relating to calibration, certification, approval or quality control pertaining to equipment utilized to perform the tests shall be admissible as provided in section 18-8004(4), Idaho Code. The arresting officer shall not be required to participate unless directed to do so by a subpoena issued by the hearing officer.
The burden of proof shall be on the person requesting the hearing. The hearing officer shall not vacate the suspension unless he finds, by a preponderance of the evidence, that:
(a) The peace officer did not have legal cause to stop the person; or
(b) The officer did not have legal cause to believe the person had been driving or was in actual physical control of a vehicle while under the influence of alcohol, drugs or other intoxicating substances in violation of the provisions of section 18-8004, 18-8004C or 18-8006, Idaho Code; or
(c) The test results did not show an alcohol concentration or the presence of drugs or other intoxicating substances in violation of section 18-8004, 18-8004C or 18-8006, Idaho Code; or
(d) The tests for alcohol concentration, drugs or other intoxicating substances administered at the direction of the peace officer were not conducted in accordance with the requirements of section 18-8004(4), Idaho Code, or the testing equipment was not functioning properly when the test was administered; or
(e) The person was not informed of the consequences of submitting to evidentiary testing as required in subsection (2) of this section.
If the hearing officer finds that the person has not met his burden of proof, he shall sustain the suspension. The hearing officer shall make findings of fact and conclusions of law and shall enter an order vacating or sustaining the suspension. The findings of fact, conclusions of law and order entered by the hearing officer shall be considered a final order pursuant to the provisions of chapter 52, title 67, Idaho Code, except that motions for reconsideration of such order shall be allowed and new evidence can be submitted.
The facts as found by the hearing officer shall be independent of the determination of the same or similar facts in the adjudication of any criminal charges arising out of the same occurrence. The disposition of those criminal charges shall not affect the suspension and the requirement to install the ignition interlock system required to be imposed under the provisions of this section. If a license is suspended under this section and the person is also convicted on criminal charges arising out of the same occurrence for a violation of the provisions of section 18-8004, 18-8004C or 18-8006, Idaho Code, both the suspension under this section and the suspension imposed pursuant to the provisions of section 18-8005 or 18-8006, Idaho Code, shall be imposed, but the periods of suspension shall run concurrently, with the total period of suspension not to exceed the longer of the applicable suspension periods, unless the court ordering the suspension in the criminal case orders to the contrary.
(8) Judicial review. A party aggrieved by the decision of the hearing officer may seek judicial review of the decision in the manner provided for judicial review of final agency action provided in chapter 52, title 67, Idaho Code. Any petition for relief from the installation of an ignition interlock device shall be filed in accordance with the provisions of section 18-8002(12), Idaho Code. An order for relief from the installation of an ignition interlock device from any court shall apply to all statutory ignition interlock requirements.
(9) Restricted noncommercial vehicle driving privileges. A person served with a notice of suspension for ninety (90) days pursuant to this section may apply to the department for restricted noncommercial vehicle driving privileges, to become effective after the thirty (30) day absolute suspension has been completed. The request may be made at any time after service of the notice of suspension. Restricted noncommercial vehicle driving privileges will be issued for the person to travel to and from work and for work purposes not involving operation of a commercial vehicle, to attend an alternative high school, work on a GED, for postsecondary education, or to meet the medical needs of the person or his family if the person is eligible for restricted noncommercial vehicle driving privileges. Any person whose driving privileges are suspended under the provisions of this chapter may be granted privileges to drive a noncommercial vehicle but shall not be granted privileges to operate a commercial motor vehicle.
(10) As used in this section, "at his expense," "at your expense" and "at the offender’s expense" include the cost of obtaining, installing, using and maintaining an ignition interlock system.
(11) Rules. The department may adopt rules under the provisions of chapter 52, title 67, Idaho Code, deemed necessary to implement the provisions of this section.
[18-8002A, added 1993, ch. 413, sec. 2, p. 1519; am. 1994, ch. 357, sec. 1, p. 1118; am. 1997, ch. 238, sec. 1, p. 689; am. 1999, ch. 80, sec. 1, p. 227; am. 2000, ch. 469, sec. 27, p. 1481; am. 2004, ch. 126, sec. 1, p. 423; am. 2005, ch. 352, sec. 1, p. 1085; am. 2006, ch. 261, sec. 2, p. 803; am. 2009, ch. 184, sec. 2, p. 587; am. 2011, ch. 15, sec. 2, p. 46; am. 2011, ch. 265, sec. 2, p. 714; am. 2014, ch. 63, sec. 3, p. 156; am. 2018, ch. 254, sec. 3, p. 591; am. 2019, ch. 305, sec. 1, p. 900; am. 2021, ch. 236, sec. 2, p. 720.]
(1) Only a licensed physician, qualified medical technologist, registered nurse, phlebotomist trained in a licensed hospital or educational institution or other medical personnel trained in a licensed hospital or educational institution to withdraw blood can, at the order or request of a peace officer, withdraw blood for the purpose of determining the content of alcohol, drugs or other intoxicating substances therein. This limitation shall not apply to the taking of a urine, saliva or breath specimen. For purposes of this section: (a) the term "qualified medical technologist" shall be deemed to mean a person who meets the standards of a "clinical laboratory technologist" as set forth by the then current rules and regulations of the social security administration of the United States department of health and human services pursuant to subpart M of part 405, chapter III, title 20, of the code of federal regulation; and (b) the terms "phlebotomist" and "other medical personnel" shall be deemed to mean persons who meet the standards for the withdrawing of blood as designated and qualified by the employing medical facility or other employing entity of those persons.
(2) Upon conviction for a felony or misdemeanor violation under this chapter, except pursuant to sections 18-8001 and 18-8007, Idaho Code, or upon conviction for vehicular manslaughter pursuant to section 18-4006(3)(b), Idaho Code, the court may order restitution for the reasonable costs incurred by law enforcement agencies to withdraw blood samples, perform laboratory analysis, transport and preserve evidence, preserve evidentiary test results and for testimony relating to the analysis in judicial proceedings, including travel costs associated with the testimony. Law enforcement agencies shall include, but not be limited to, the Idaho state police, county and city law enforcement agencies, the office of the attorney general and county and city prosecuting attorney offices. In the case of reimbursement to the Idaho state police, those moneys shall be paid to the Idaho state police for deposit into the drug and driving while under the influence enforcement donation fund created in section 57-816, Idaho Code. In the case of reimbursement to the office of the attorney general, those moneys shall be paid to the general fund. A "conviction" for purposes of this subsection means that the person has pled guilty or has been found guilty, notwithstanding the form of the judgment(s) or withheld judgment(s).
(3) The person tested may, at his own expense, have a person of his own choosing, who is authorized to make a test, administer an evidentiary test for alcohol concentration in addition to the one administered at the request of a peace officer.
[18-8003, added 1984, ch. 22, sec. 2, p. 28; am. 1992, ch. 133, sec. 2, p. 419; am. 2009, ch. 108, sec. 2, p. 347.]
(1) (a) It is unlawful for any person who is under the influence of alcohol, drugs or any other intoxicating substances, or any combination of alcohol, drugs and/or any other intoxicating substances, or who has an alcohol concentration of 0.08, as defined in subsection (4) of this section, or more, as shown by analysis of his blood, urine, or breath, to drive or be in actual physical control of a motor vehicle within this state, whether upon a highway, street or bridge, or upon public or private property open to the public.
(b) It is unlawful for any person who is under the influence of alcohol, drugs or any other intoxicating substances, or any combination of alcohol, drugs and/or any other intoxicating substances, or who has an alcohol concentration of 0.04 or higher but less than 0.08, as defined in subsection (4) of this section, as shown by analysis of his blood, urine, or breath, to drive or be in actual physical control of a commercial motor vehicle within this state, whether upon a highway, street or bridge, or upon public or private property open to the public.
(c) It is unlawful for any person who is under the influence of alcohol, drugs or any other intoxicating substances, or any combination of alcohol, drugs and/or any other intoxicating substances, or who has an alcohol concentration of 0.08 or higher, as defined in subsection (4) of this section, as shown by analysis of his blood, urine, or breath, to drive or be in actual physical control of a commercial motor vehicle within this state, whether upon a highway, street or bridge, or upon public or private property open to the public.
(d) It is unlawful for any person under the age of twenty-one (21) years who has an alcohol concentration of at least 0.02 but less than 0.08, as defined in subsection (4) of this section, to drive or be in actual physical control of a motor vehicle within this state, whether upon a highway, street or bridge, or upon public or private property open to the public. Any person violating this subsection shall be subject to the penalties provided in section 18-8004A, Idaho Code.
(2) Any person having an alcohol concentration of less than 0.08, as defined in subsection (4) of this section, as shown by analysis of his blood, urine, or breath, by a test requested by a police officer shall not be prosecuted for driving under the influence of alcohol, except as provided in subsection (3), subsection (1)(b) or subsection (1)(d) of this section. Any person who does not take a test to determine alcohol concentration or whose test result is determined by the court to be unreliable or inadmissible against him, may be prosecuted for driving or being in actual physical control of a motor vehicle while under the influence of alcohol, drugs, or any other intoxicating substances, on other competent evidence.
(3) If the results of the test requested by a police officer show a person’s alcohol concentration of less than 0.08, as defined in subsection (4) of this section, such fact may be considered with other competent evidence of drug use other than alcohol in determining the guilt or innocence of the defendant.
(4) For purposes of this chapter, an evidentiary test for alcohol concentration shall be based upon a formula of grams of alcohol per one hundred (100) cubic centimeters of blood, per two hundred ten (210) liters of breath or sixty-seven (67) milliliters of urine. Analysis of blood, urine or breath for the purpose of determining the alcohol concentration shall be performed by a laboratory operated by the Idaho state police or by a laboratory approved by the Idaho state police under the provisions of approval and certification standards to be set by that department, or by any other method approved by the Idaho state police. Notwithstanding any other provision of law or rule of court, the results of any test for alcohol concentration and records relating to calibration, approval, certification or quality control performed by a laboratory operated or approved by the Idaho state police or by any other method approved by the Idaho state police shall be admissible in any proceeding in this state without the necessity of producing a witness to establish the reliability of the testing procedure for examination.
(5) "Actual physical control" as used in this section, shall be defined as being in the driver’s position of the motor vehicle with the motor running or with the motor vehicle moving.
(6) Notwithstanding any other provision of law, any evidence of conviction under this section shall be admissible in any civil action for damages resulting from the occurrence. A conviction for the purposes of this section means that the person has pled guilty or has been found guilty, notwithstanding the form of the judgment(s) or withheld judgment(s).
(7) The fact that any person charged with a violation of the provisions of this chapter involving being under the influence of any drug, or any combination of drugs with alcohol or any other intoxicating substance, is or has been entitled to use such drug under the laws of this state or of any other jurisdiction shall not constitute a defense against any charge of a violation of the provisions of this chapter.
[18-8004, added 1984, ch. 22, sec. 2, p. 29; am. 1985, ch. 142, sec. 1, p. 386; am. 1987, ch. 122, sec. 2, p. 249; am. 1988, ch. 47, sec. 4, p. 64; am. 1989, ch. 88, sec. 61, p. 201; am. 1990, ch. 45, sec. 44, p. 113; am. 1994, ch. 422, sec. 1, p. 1322; am. 1997, ch. 158, sec. 1, p. 458; am. 1997, ch. 307, sec. 1, p. 911; am. 1998, ch. 70, sec. 1, p. 264; am. 2000, ch. 469, sec. 28, p. 1487; am. 2002, ch. 253, sec. 1, p. 729.]
(1) Any person found guilty of a violation of subsection (1)(d) of section 18-8004, Idaho Code, shall be guilty of a misdemeanor; and, for a first offense:
(a) Shall be fined an amount not to exceed one thousand dollars ($1,000);
(b) Shall have his driving privileges suspended by the court for a period of one (1) year, ninety (90) days of which shall not be reduced and during which period absolutely no driving privileges of any kind may be granted. After the period of absolute suspension of driving privileges has passed, the defendant may request restricted driving privileges which the court may allow, if the defendant shows by a preponderance of the evidence that driving privileges are necessary as deemed appropriate by the court;
(c) Shall be advised by the court in writing at the time of sentencing of the penalties that will be imposed for any subsequent violation of the provisions of this section or any violation of section 18-8004, Idaho Code, which advice shall be signed by the defendant, and a copy retained by the court and another copy retained by the prosecuting attorney;
(d) Shall be required to undergo an alcohol evaluation and otherwise comply with the requirements of section 18-8005(11) and (15), Idaho Code, as ordered by the court.
(2) Any person who pleads guilty to or is found guilty of a violation of the provisions of subsection (1)(d) of section 18-8004, Idaho Code, who previously has been found guilty of or has pled guilty to a violation of the provisions of section 18-8004(1)(a), (b), (c) or (d), Idaho Code, or any substantially conforming foreign criminal violation, as defined in section 18-8005(10), Idaho Code, notwithstanding the form of the judgment or withheld judgment, is guilty of a misdemeanor; and:
(a) Shall be sentenced to jail for a mandatory minimum period of five (5) days, as required by 23 U.S.C. section 164, not to exceed thirty (30) days;
(b) Shall be fined an amount of not less than five hundred dollars ($500) nor more than two thousand dollars ($2,000);
(c) Shall have his driving privileges suspended by the court for a period not to exceed two (2) years, one (1) year of which shall be absolute and shall not be reduced and during which period absolutely no driving privileges of any kind may be granted;
(d) Shall, while operating a motor vehicle, be required to drive only a motor vehicle equipped with a functioning ignition interlock system, as provided in section 18-8008, Idaho Code, following the mandatory one (1) year license suspension period;
(e) Shall be advised by the court in writing at the time of sentencing of the penalties that will be imposed for subsequent violations of the provisions of this section or section 18-8004, Idaho Code, which advice shall be signed by the defendant, and a copy retained by the court and another copy retained by the prosecuting attorney; and
(f) Shall undergo an alcohol evaluation and comply with the other requirements of section 18-8005 (11) and (15), Idaho Code.
(3) Any person who pleads guilty to or is found guilty of a violation of the provisions of subsection (1)(d) of section 18-8004, Idaho Code, who previously has been found guilty of or has pled guilty to two (2) or more violations of the provisions of section 18-8004(1)(a), (b), (c) or (d), Idaho Code, or any substantially conforming foreign criminal violation, within five (5) years, notwithstanding the form of the judgment or withheld judgment, shall be guilty of a misdemeanor; and:
(a) Shall be sentenced to jail for a mandatory minimum period of ten (10) days, as required by 23 U.S.C. section 164, not to exceed six (6) months;
(b) Shall be fined an amount of not less than one thousand dollars ($1,000) nor more than two thousand dollars ($2,000);
(c) Shall surrender his driver’s license or permit to the court;
(d) Shall have his driving privileges suspended by the court for a mandatory minimum period of one (1) year, during which period absolutely no driving privileges of any kind may be granted, or until such person reaches the age of twenty-one (21) years, whichever is greater;
(e) Shall, while operating a motor vehicle, be required to drive only a motor vehicle equipped with a functioning ignition interlock system, as provided in section 18-8008, Idaho Code, following the mandatory one (1) year license suspension period; and
(f) Shall undergo an alcohol evaluation and comply with all other requirements imposed by the court pursuant to section 18-8005(11) and (15), Idaho Code.
(4) All provisions of section 18-8005, Idaho Code, not otherwise in conflict with or provided for in this section shall apply to any sentencing imposed under the provisions of this section.
(5) A person violating the provisions of section 18-8004(1)(d), Idaho Code, may be prosecuted under title 20, Idaho Code.
(6) Any person whose driving privileges are suspended, revoked, canceled or disqualified under the provisions of this chapter shall not be granted privileges to operate a commercial motor vehicle during the period of suspension, revocation, cancellation or disqualification.
[18-8004A, added 1994, ch. 422, sec. 2, p. 1324; am. 1997, ch. 158, sec. 2, p. 459; am. 1999, ch. 246, sec. 1, p. 633; am. 2000, ch. 247, sec. 1, p. 693; am. 2002, ch. 335, sec. 1, p. 950; am. 2005, ch. 352, sec. 2, p. 1090; am. 2009, ch. 184, sec. 3, p. 593; am. 2025, ch. 171, sec. 4, p. 813.]
Notwithstanding any provision of section 18-8005, Idaho Code, to the contrary:
(1) Any person who pleads guilty to or is found guilty of a violation of the provisions of section 18-8004(1)(a), Idaho Code, for the first time, but who has an alcohol concentration of 0.20, as defined in section 18-8004(4), Idaho Code, or more, as shown by an analysis of his blood, breath or urine by a test requested by a police officer, shall be guilty of a misdemeanor; and:
(a) Shall be sentenced to jail for a mandatory minimum period of not less than ten (10) days, the first forty-eight (48) hours of which must be consecutive, and may be sentenced to not more than one (1) year;
(b) May be fined an amount not to exceed two thousand dollars ($2,000);
(c) Shall be advised by the court in writing at the time of sentencing, of the penalties that will be imposed for subsequent violations of the provisions of this section and violations of the provisions of section 18-8004, Idaho Code, which advice shall be signed by the defendant, and a copy retained by the court and another copy retained by the prosecuting attorney;
(d) Shall surrender his driver’s license or permit to the court;
(e) Shall have his driving privileges suspended by the court for an additional mandatory minimum period of one (1) year after release from confinement, during which one (1) year period absolutely no driving privileges of any kind may be granted.
(2) Any person who pleads guilty to or is found guilty of a violation of the provisions of section 18-8004, Idaho Code, and who has an alcohol concentration of 0.20, as defined in section 18-8004(4), Idaho Code, or more, as shown by an analysis of his blood, breath or urine by a test requested by a police officer, and who previously has been found guilty of or has pled guilty to one (1) or more violations of the provisions of section 18-8004, Idaho Code, in which the person had an alcohol concentration of 0.20 or more, or any substantially conforming foreign criminal violation wherein the defendant had an alcohol concentration of 0.20 or more, or any combination thereof, within five (5) years, notwithstanding the form of judgment or withheld judgment shall be guilty of a felony; and:
(a) Shall be sentenced to the custody of the state board of correction for a term not to exceed five (5) years; provided that notwithstanding the provisions of section 19-2601, Idaho Code, should the court impose any sentence other than incarceration in the state penitentiary, the defendant shall be sentenced to the county jail for a mandatory minimum period of not less than thirty (30) days; and further provided that notwithstanding the provisions of section 18-111, Idaho Code, a conviction under this section shall be deemed a felony;
(b) May be fined an amount not to exceed five thousand dollars ($5,000);
(c) Shall surrender his driver’s license or permit to the court;
(d) Shall have his driving privileges suspended by the court for a mandatory minimum period of one (1) year after release from imprisonment, and may have his driving privileges suspended by the court for a period not to exceed five (5) years after release from imprisonment, during which time he shall have absolutely no driving privileges of any kind; and
(e) Shall, while operating a motor vehicle, be required to drive only a motor vehicle equipped with a functioning ignition interlock system, as provided in section 18-8008, Idaho Code, following the mandatory license suspension period.
(3) Notwithstanding the provisions of subsections (1)(e) and (2)(d) of this section, a person who is enrolled in and is a participant in good standing in a drug court or mental health court approved by the supreme court drug court and mental health court coordinating committee under the provisions of chapter 56, title 19, Idaho Code, or other similar problem solving court utilizing community-based sentencing alternatives, shall be eligible for restricted noncommercial driving privileges for the purpose of getting to and from work, school or an alcohol treatment program, which may be granted by the presiding judge of the drug court or mental health court or other similar problem solving court, provided that the offender has served a period of absolute suspension of driving privileges of at least forty-five (45) days, that a state approved ignition interlock system is installed, and for repeat offenders it shall be maintained for not less than one (1) year, on each of the motor vehicles owned or operated, or both, by the offender, and that the offender has shown proof of financial responsibility as defined and in the amounts specified in section 49-117, Idaho Code, provided that the restricted noncommercial driving privileges may be continued if the offender successfully completes the drug court, mental health court or other similar problem solving court, and that the court may revoke such privileges for failure to comply with the terms of probation or with the terms and conditions of the drug court, mental health court or other similar problem solving court program.
(4) All the provisions of section 18-8005, Idaho Code, not in conflict with or otherwise provided for in this section, shall apply to this section.
(5) Notwithstanding any other provision of law, any evidence of conviction under this section shall be admissible in any civil action for damages resulting from the occurrence. A conviction for the purposes of this section means that the person has pled guilty or has been found guilty, notwithstanding the form of the judgment or withheld judgment.
[18-8004C, added 1994, ch. 421, sec. 1, p. 1316; am. 2000, ch. 247, sec. 2, p. 694; am. 2009, ch. 184, sec. 4, p. 594; am. 2011, ch. 265, sec. 3, p. 719; am. 2014, ch. 63, sec. 4, p. 161.]
(1) Any person who pleads guilty to or is found guilty of a violation of the provisions of section 18-8004(1)(a), Idaho Code, for the first time is guilty of a misdemeanor; and, except as provided in section 18-8004C, Idaho Code:
(a) May be sentenced to jail for a term not to exceed six (6) months;
(b) May be fined an amount not to exceed one thousand dollars ($1,000);
(c) Shall be advised by the court in writing at the time of sentencing of the penalties that will be imposed for subsequent violations of the provisions of section 18-8004, Idaho Code, which advice shall be signed by the defendant, and a copy retained by the court and another copy retained by the prosecuting attorney;
(d) Shall have his driving privileges suspended by the court for a period of thirty (30) days, which shall not be reduced and during which thirty (30) day period absolutely no driving privileges of any kind may be granted. After the thirty (30) day period of absolute suspension of driving privileges has passed, the defendant shall have driving privileges suspended by the court for an additional period of at least sixty (60) days, not to exceed one hundred fifty (150) days, during which the defendant may request restricted driving privileges that the court may allow, if the defendant shows by a preponderance of the evidence that driving privileges are necessary for his employment or for family health needs; and
(e) Unless an exception is granted pursuant to section 18-8002(12), Idaho Code, shall within ten (10) days following the end of the period of absolute suspension have a state-approved ignition interlock system meeting the requirements of section 18-8008, Idaho Code, installed, at his expense, on all motor vehicles operated by him for a period to end one (1) year following the end of the suspension period. A court may determine that an offender is eligible to utilize available funds from the court interlock device and electronic monitoring device fund, as outlined in section 18-8010, Idaho Code, for the installation and operation of an ignition interlock device, based on evidence of financial hardship.
(2) Any person who pleads guilty to or is found guilty of a violation of the provisions of section 18-8004(1)(b), Idaho Code, for the first time is guilty of a misdemeanor and subject to:
(a) The provisions of subsection (1)(a), (b), (c) and (e) of this section; and
(b) The provisions of section 49-335, Idaho Code.
(3) Any person who pleads guilty to or is found guilty of a violation of the provisions of section 18-8004(1)(c), Idaho Code, for the first time is guilty of a misdemeanor and is subject to:
(a) The provisions of subsection (1)(a), (b), (c) and (e) of this section; and
(b) The provisions of section 49-335, Idaho Code.
(4) Any person who pleads guilty to or is found guilty of a violation of the provisions of section 18-8004(1)(a), (b) or (c), Idaho Code, who previously has been found guilty of or has pled guilty to a violation of the provisions of section 18-8004(1)(a), (b) or (c), Idaho Code, or any substantially conforming foreign criminal violation within ten (10) years, notwithstanding the form of the judgment(s) or withheld judgment(s), and except as provided in section 18-8004C, Idaho Code, is guilty of a misdemeanor; and, except as provided in section 18-8004C, Idaho Code:
(a) Shall be sentenced to jail for a mandatory minimum period of no less than ten (10) days, the first forty-eight (48) hours of which must be consecutive, and five (5) days of which must be served in jail, as required by 23 U.S.C. 164, and may be sentenced to no more than one (1) year, provided however, that in the discretion of the sentencing judge, the judge may authorize the defendant to be assigned to a work detail program within the custody of the county sheriff during the period of incarceration;
(b) May be fined an amount not to exceed two thousand dollars ($2,000);
(c) Shall be advised by the court in writing at the time of sentencing of the penalties that will be imposed for subsequent violations of the provisions of section 18-8004, Idaho Code, which advice shall be signed by the defendant, and a copy retained by the court and another copy retained by the prosecuting attorney;
(d) Shall surrender his driver’s license or permit to the court;
(e) Shall have his driving privileges suspended by the court for an additional mandatory minimum period of one (1) year after release from confinement, during which one (1) year period absolutely no driving privileges of any kind may be granted; and
(f) Shall, while operating a motor vehicle, be required to drive only a motor vehicle equipped with a functioning ignition interlock system, as provided in section 18-8008, Idaho Code, following the one (1) year mandatory license suspension period.
(5) If the person has pled guilty or was found guilty for the second time within ten (10) years of a violation of the provisions of section 18-8004(1)(b) or (c), Idaho Code, then the provisions of section 49-335, Idaho Code, shall apply.
(6) Except as provided in section 18-8004C, Idaho Code, any person who pleads guilty to or is found guilty of a violation of the provisions of section 18-8004(1)(a), (b) or (c), Idaho Code, who previously has been found guilty of or has pled guilty to two (2) or more violations of the provisions of section 18-8004(1)(a), (b) or (c), Idaho Code, or any substantially conforming foreign criminal violation, or any combination thereof, or who has completed a diversion program for driving under the influence, whether or not the person has pled guilty or been found guilty, or any substantially conforming foreign program, and has pled guilty or been found guilty of one (1) or more violations of the provisions of section 18-8004(1)(a), (b), or (c), Idaho Code, or any substantially conforming foreign criminal violation within ten (10) years, notwithstanding the form of the judgment(s) or withheld judgment(s), shall be guilty of a felony and:
(a) Shall be sentenced to the custody of the state board of correction for not to exceed ten (10) years; provided that notwithstanding the provisions of section 19-2601, Idaho Code, should the court impose any sentence other than incarceration in the state penitentiary, the defendant shall be sentenced to the county jail for a mandatory minimum period of no less than thirty (30) days, the first forty-eight (48) hours of which must be consecutive, and ten (10) days of which must be served in jail, as required by 23 U.S.C. 164; and further provided that notwithstanding the provisions of section 18-111, Idaho Code, a conviction under this section shall be deemed a felony;
(b) May be fined an amount not to exceed five thousand dollars ($5,000);
(c) Shall surrender his driver’s license or permit to the court;
(d) Shall have his driving privileges suspended by the court for a mandatory minimum period of one (1) year after release from imprisonment, during which time he shall have absolutely no driving privileges of any kind, and may have his driving privileges suspended by the court for an additional period not to exceed four (4) years, during which the defendant may request restricted driving privileges that the court may allow if the defendant shows by a preponderance of the evidence that driving privileges are necessary for his employment or for family health needs; and
(e) Shall, while operating a motor vehicle, be required to drive only a motor vehicle equipped with a functioning ignition interlock system, as provided in section 18-8008, Idaho Code, following the mandatory one (1) year license suspension period.
(7) Notwithstanding the provisions of subsections (4)(e) and (6)(d) of this section, any person who is enrolled in and is a participant in good standing in a drug court or mental health court approved by the supreme court drug court and mental health court coordinating committee under the provisions of chapter 56, title 19, Idaho Code, or other similar problem solving court utilizing community-based sentencing alternatives shall be eligible for restricted noncommercial driving privileges for the purpose of getting to and from work, school or an alcohol treatment program, which may be granted by the presiding judge of the drug court or mental health court or other similar problem solving court, provided that the offender has served a period of absolute suspension of driving privileges of at least forty-five (45) days, that a state-approved ignition interlock system is installed, at his expense, on any motor vehicles operated by the offender for a period to end one (1) year following the end of the suspension period and that the offender has shown proof of financial responsibility as defined and in the amounts specified in section 49-117, Idaho Code, provided that the restricted noncommercial driving privileges may be continued if the offender successfully completes the drug court, mental health court or other similar problem solving court, and that the court may revoke such privileges for failure to comply with the terms of probation or with the terms and conditions of the drug court, mental health court or other similar problem solving court program.
(8) For the purpose of computation of the enhancement period in subsections (4), (6) and (9) of this section, the time that elapses between the date of commission of the offense and the date the defendant pleads guilty or is found guilty for the pending offense shall be excluded. If the determination of guilt against the defendant is reversed upon appeal, the time that elapsed between the date of the commission of the offense and the date the defendant pleads guilty or is found guilty following the appeal shall also be excluded.
(9) Notwithstanding the provisions of subsections (4) and (6) of this section, any person who has pled guilty to or has been found guilty of a felony violation of the provisions of section 18-8004, Idaho Code, a felony violation of the provisions of section 18-8004C, Idaho Code, a violation of the provisions of section 18-8006, Idaho Code, a violation of the provisions of section 18-4006 3.(b), Idaho Code, notwithstanding the form of the judgment(s) or withheld judgment(s) or any substantially conforming foreign criminal felony violation, notwithstanding the form of the judgment(s) or withheld judgment(s), and within fifteen (15) years pleads guilty to or is found guilty of a further violation of the provisions of section 18-8004, Idaho Code, shall be guilty of a felony and shall be sentenced pursuant to subsection (6) of this section.
(10) For the purpose of subsections (4), (6) and (9) of this section and the provisions of section 18-8004C, Idaho Code, a substantially conforming foreign criminal violation exists when a person has pled guilty to or has been found guilty of a violation of any federal law or law of another state, or any valid county, city, or town ordinance of another state substantially conforming to the provisions of section 18-8004, Idaho Code. The determination of whether a foreign criminal violation is substantially conforming is a question of law to be determined by the court.
(11) Any person who pleads guilty to or is found guilty of a violation of the provisions of section 18-8004, 18-8004C or 18-8006, Idaho Code, shall undergo, at his own expense (or at county expense through the procedures set forth in chapters 34 and 35, title 31, Idaho Code) and prior to the sentencing date, an alcohol evaluation by a substance use disorders service provider approved by the Idaho department of health and welfare; provided however, if the defendant has no prior or pending charges with respect to the provisions of section 18-8004, 18-8004C or 18-8006, Idaho Code, and the court has the records and information required under subsection (12)(a), (b) and (c) of this section or possesses information from other reliable sources relating to the defendant’s use or nonuse of alcohol or drugs that does not give the court any reason to believe that the defendant regularly abuses alcohol or drugs and is in need of treatment, the court may, in its discretion, waive the evaluation with respect to sentencing for a violation of section 18-8004 or 18-8004C(1), Idaho Code, and proceed to sentence the defendant. The court may also, in its discretion, waive the requirement of an alcohol evaluation with respect to a defendant’s first violation of the provisions of section 18-8004, 18-8004C or 18-8006, Idaho Code, and proceed to sentence the defendant if the court has a presentence investigation report, substance use disorder assessment, criminogenic risk assessment, or other assessment that evaluates the defendant’s degree of alcohol abuse and need for alcohol treatment conducted within twelve (12) months preceding the date of the defendant’s sentencing. In the event an alcohol evaluation indicates the need for alcohol treatment, the evaluation shall contain a recommendation by the evaluator as to the most appropriate treatment program, together with the estimated cost thereof, and recommendations for other suitable alternative treatment programs, together with the estimated costs thereof. The person 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 alcohol treatment is required unless the defendant makes a showing by a preponderance of evidence that treatment 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 treatment is ordered, in no event shall the person or facility doing the evaluation be the person or facility that provides the 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 pursuant to the provisions of chapter 3, title 39, Idaho Code, for court-ordered alcohol treatment for indigent defendants.
(12) At the time of sentencing, the court shall be provided with the following information:
(a) The results, if administered, of any evidentiary test for alcohol and/or drugs;
(b) A computer or teletype or other acceptable copy of the person’s driving record;
(c) Information as to whether the defendant has pled guilty to or been found guilty of a violation of the provisions of section 18-8004, 18-8004C or 18-8006, Idaho Code, or a similar offense within the past five (5) years, notwithstanding the form of the judgment(s) or withheld judgment(s); and
(d) The alcohol evaluation required in subsection (11) of this section, if any.
(13) At the time of sentencing, the court shall inform the defendant that a second or subsequent offense of driving while under the influence of alcohol, drugs, or any other intoxicating substances that results in death may be considered vehicular manslaughter and may result in stricter punishment, including a mandatory fixed term of imprisonment of at least five (5) years for a second offense and a mandatory fixed term of imprisonment of at least ten (10) years for a third or subsequent offense, as provided in section 18-4007(3)(b)(ii) and (iii), Idaho Code. Failure by the court to inform the defendant of such information shall not prohibit the imposition of a mandatory fixed term of imprisonment, and proof of knowledge of the mandatory fixed term of imprisonment shall not be required for such term to be imposed.
(14) A minor may be prosecuted for a violation of the provisions of section 18-8004 or 18-8004C, Idaho Code, under chapter 5, title 20, Idaho Code. In addition to any other penalty, if a minor pleads guilty to or is found guilty of a violation of the provisions of section 18-8004(1)(a), (b) or (c) or 18-8004C, Idaho Code, he shall have his driving privileges suspended or denied for an additional one (1) year following the end of any period of suspension or revocation existing at the time of the violation, or until he reaches the age of twenty-one (21) years, whichever period is greater. During the period of additional suspension or denial, absolutely no driving privileges shall be allowed.
(15) In the event that the alcohol evaluation required in subsection (11) of this section recommends alcohol treatment, the court shall order the person to complete a treatment program in addition to any other sentence that may be imposed, unless the court determines that alcohol treatment would be inappropriate or undesirable, in which event the court shall enter findings articulating the reasons for such determination on the record. The court shall order the defendant to complete the preferred 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 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. Such treatment shall, to the greatest extent possible, be at the expense of the defendant. In the event that funding is provided for or on behalf of the defendant by an entity of state government, restitution shall be ordered to such governmental entity in accordance with the restitution procedure for crime victims, as specified under chapter 53, title 19, Idaho Code. Nothing contained herein shall be construed as requiring a court to order that a governmental entity shall provide alcohol treatment at government expense unless otherwise required by law.
(16) Any person who is disqualified, or whose driving privileges have been suspended, revoked or canceled under the provisions of this chapter, shall not be granted restricted driving privileges to operate a commercial motor vehicle.
(17) As used in this section, "at his expense" includes the cost of obtaining, installing, using and maintaining an ignition interlock system.
[18-8005, added 1984, ch. 22, sec. 2, p. 30; am. 1986, ch. 201, sec. 1, p. 501; am. 1988, ch. 265, sec. 564, p. 860; am. 1989, ch. 88, sec. 62, p. 202; am. 1989, ch. 175, sec. 1, p. 424; am. 1989, ch. 366, sec. 2, p. 917; am. 1990, ch. 45, sec. 45, p. 114; am. 1992, ch. 115, sec. 40, p. 383; am. 1992, ch. 139, sec. 1, p. 429; am. 1992, ch. 338, sec. 1, p. 1011; am. 1993, ch. 272, sec. 1, p. 909; am. 1994, ch. 148, sec. 2, p. 338; am. 1994, ch. 421, sec. 2, p. 1318; am. 1994, ch. 422, sec. 3, p. 1325; am. 1997, ch. 114, sec. 1, p. 284; am. 1999, ch. 80, sec. 2, p. 233; am. 2000, ch. 240, sec. 1, p. 671; am. 2000, ch. 247, sec. 3, p. 696; am. 2003, ch. 286, sec. 1, p. 773; am. 2005, ch. 352, sec. 3, p. 1092; am. 2006, ch. 261, sec. 3, p. 809; am. 2009, ch. 11, sec. 6, p. 16; am. 2009, ch. 184, sec. 5, p. 596; am. 2010, ch. 331, sec. 1, p. 877; am. 2011, ch. 265, sec. 4, p. 721; am. 2014, ch. 63, sec. 5, p. 162; am. 2015, ch. 60, sec. 1, p. 164; am. 2018, ch. 254, sec. 4, p. 597; am. 2019, ch. 29, sec. 1, p. 77; am. 2019, ch. 305, sec. 2, p. 907; am. 2024, ch. 252, sec. 1, p. 887; am. 2025, ch. 171, sec. 2, p. 808.]
(1) Any person causing great bodily harm, permanent disability or permanent disfigurement to any person other than himself in committing a violation of the provisions of section 18-8004(1)(a) or (1)(c), Idaho Code, is guilty of a felony, and upon conviction:
(a) Shall be sentenced to the state board of correction for not to exceed fifteen (15) years, provided that notwithstanding the provisions of section 19-2601, Idaho Code, should the court impose any sentence other than incarceration in the state penitentiary, the defendant shall be sentenced to the county jail for a mandatory minimum period of not less than thirty (30) days, the first forty-eight (48) hours of which must be consecutive; and further provided that notwithstanding the provisions of section 18-111, Idaho Code, a conviction under this section shall be deemed a felony;
(b) May be fined an amount not to exceed five thousand dollars ($5,000);
(c) Shall surrender his driver’s license or permit to the court; and
(d) Shall have his driving privileges suspended by the court for a mandatory minimum period of one (1) year after release from imprisonment, and may have his driving privileges suspended by the court for not to exceed five (5) years after release from imprisonment, during which time he shall have absolutely no driving privileges of any kind; and
(e) Shall be ordered by the court to pay restitution in accordance with chapter 53, title 19, Idaho Code.
(2) At the time of sentencing, the court shall inform the defendant that a second or subsequent offense of driving while under the influence of alcohol, drugs, or any other intoxicating substances that results in death may be considered vehicular manslaughter and may result in stricter punishment, including a mandatory fixed term of imprisonment of at least five (5) years for a second offense and a mandatory fixed term of imprisonment of at least ten (10) years for a third or subsequent offense, as provided in section 18-4007(3)(b)(ii) and (iii), Idaho Code. Failure by the court to inform the defendant of such information shall not prohibit the imposition of a mandatory fixed term of imprisonment, and proof of knowledge of the mandatory fixed term of imprisonment shall not be required for such term to be imposed.
(3) Notwithstanding any other provision of law, any evidence of conviction under this section shall be admissible in any civil action for damages resulting from the occurrence. A conviction for the purposes of this section means that the person has pled guilty or has been found guilty, notwithstanding the form of the judgment(s) or withheld judgment(s).
[18-8006, added 1984, ch. 22, sec. 2, p. 32; am. 1986, ch. 201, sec. 2, p. 504; am. 1989, ch. 88, sec. 63, p. 205; am. 1990, ch. 45, sec. 46, p. 117; am. 1997, ch. 114, sec. 2, p. 288; am. 2000, ch. 356, sec. 1, p. 1191; am. 2006, ch. 261, sec. 4, p. 814; am. 2025, ch. 171, sec. 3, p. 813.]
(1) A person shall be guilty of aggravated driving while reckless if he causes great bodily harm, permanent disability, or permanent disfigurement to any person other than himself in committing a violation of the provisions of section 49-1401(1), Idaho Code.
(2) Any person who commits aggravated driving while reckless upon conviction:
(a) Shall be sentenced to the state board of correction for a term not to exceed fifteen (15) years. Notwithstanding the provisions of section 19-2601, Idaho Code, should the court impose any sentence other than incarceration in the state penitentiary, the defendant shall be sentenced to the county jail for a mandatory minimum period of at least thirty (30) days, the first forty-eight (48) hours of which must be consecutive. Notwithstanding the provisions of section 18-111, Idaho Code, a conviction under this section shall be deemed a felony;
(b) May be fined an amount not to exceed five thousand dollars ($5,000);
(c) Shall surrender his driver’s license or permit to the court;
(d) Shall have his driving privileges suspended by the court for a mandatory minimum period of one (1) year after release from imprisonment and may have his driving privileges suspended by the court for a period not to exceed five (5) years after release from imprisonment, during which time he shall have absolutely no driving privileges of any kind; and
(e) Shall be ordered by the court to pay restitution in accordance with chapter 53, title 19, Idaho Code.
(3) Notwithstanding any other provision of law, any evidence of conviction under this section shall be admissible in any civil action for damages resulting from the occurrence. A conviction for the purposes of this section means that the person has pled guilty or has been found guilty, notwithstanding the form of the judgment or withheld judgment.
[18-8006A, added 2024, ch. 90, sec. 1, p. 429.]
(1) The driver of any vehicle that has been involved in an accident, either upon public or private property open to the public, who knows or has reason to know that said accident has resulted in injury to or death of any person shall:
(a) Immediately stop the vehicle at the scene of the accident or as close thereto as possible. Every stop required under this section shall be made without obstructing traffic more than is necessary.
(b) Remain at the scene of the accident until the driver has fulfilled all the requirements under this section.
(c) Give his name, address, the name of his insurance agent or company if he has automobile liability insurance, and the motor vehicle registration number of the vehicle he is driving to the person struck, or to the driver or occupant of or person attending any vehicle collided with.
(d) If available, exhibit his driver’s license to the person struck, or to the driver or occupant of or person attending any vehicle collided with.
(e) Render to any person injured in the accident reasonable assistance, including the conveying or the making of arrangements for the conveying of such person to a physician, surgeon, hospital or other medical facility, for medical or surgical treatment, if it is apparent that such treatment is necessary or if such conveying is requested by the injured person.
(2) A violation of any provision of this section shall constitute a felony and be punished by a fine of not more than five thousand dollars ($5,000) or by imprisonment in the state penitentiary for a period of not more than five (5) years, or by both such fine and imprisonment.
(3) The director of the transportation department shall revoke for a period of one (1) year the driver’s license or permit to drive, or the nonresident operating privilege, of any person convicted or found guilty of violating any provision of this section. Such revocation shall preclude any type of work permit or other form of limited driving privileges as provided in section 49-326, Idaho Code.
[18-8007, added 1987, ch. 208, sec. 1, p. 440; am. 1988, ch. 265, sec. 565, p. 863; am. 1989, ch. 88, sec. 64, p. 206; am. 1992, ch. 115, sec. 41, p. 386.]
(1)(a) If a person is convicted, is found guilty, pleads guilty or receives a withheld judgment for violating any of the provisions of this chapter relating to driving under the influence and has had any or all of a sentence or fine suspended for the violation, the court shall, unless an exception is granted pursuant to section 18-8002(12), Idaho Code, impose the sanction provided for in this section in addition to any other penalty or fine imposed pursuant to this chapter.
(b) The court shall order the person to have a state-approved ignition interlock system installed, at his expense, on all motor vehicles operated by him. A court may determine that an offender is eligible to utilize available funds from the court interlock device and electronic monitoring device fund, as outlined in section 18-8010, Idaho Code, for the installation and operation of an ignition interlock device, based on evidence of financial hardship.
(2) The calibration setting at which the ignition interlock system will prevent the motor vehicle from being started shall be.025. The ignition interlock vendor shall notify the prosecuting authority any time a person is prevented from starting a motor vehicle, as provided in this subsection.
(3) As used in this chapter, the term "ignition interlock system" means breath alcohol ignition interlock device, including a camera, certified by the transportation department, designed to prevent a motor vehicle from being operated by a person who has consumed an alcoholic beverage.
(4) The transportation department shall by rule provide standards for the certification, installation, repair and removal of the devices. The ignition interlock vendor shall provide proof of installation of the ignition interlock system to the transportation department.
(5) The court shall notify the transportation department of its order imposing a sanction pursuant to this section. The department shall attach or imprint a notation on the driver’s license or other document granting the person restricted driving privileges of any person restricted under this section that the person may operate only a motor vehicle equipped with an ignition interlock system. The ignition interlock restriction period shall end one (1) year from the date the ignition interlock vendor provides proof of installation of the ignition interlock system.
(6) When a court orders a person to install and use an ignition interlock system pursuant to this section, the court shall order the person to pay the cost for obtaining, installing, utilizing and maintaining the ignition interlock system. All fees collected pursuant to this section shall be in addition to any other fines or penalty provided by law and shall be deposited in the court interlock device and electronic monitoring device fund created in section 18-8010, Idaho Code.
[18-8008, added 1988, ch. 339, sec. 2, p. 1008; am. 2000, ch. 247, sec. 4, p. 700; am. 2014, ch. 63, sec. 6, p. 166; am. 2018, ch. 254, sec. 5, p. 601; am. 2019, ch. 305, sec. 3, p. 910; am. 2026, ch. 134, sec. 1, p. 631.]
(1) If a person is convicted, is found guilty, pleads guilty or receives a withheld judgment for violating any of the provisions of this chapter and has had any or all of a sentence or fine suspended for the violation, the court, in its discretion, may impose the sanction provided for in this section in addition to any other penalty or fine imposed pursuant to this chapter.
(2) The court may order the person to use electronic monitoring devices to record the person’s movements if, as a condition of probation, the person has been given restricted driving privileges between certain times, has been placed under a curfew or has been ordered confined to his residence during times certain. Nothing in this subsection shall restrict the court’s usage of electronic monitoring devices to supervise a defendant on probation for other offenses.
(3) If a court orders a defendant to use an electronic monitoring device pursuant to this section, and the court, or its probation department, furnishes the defendant with the device, the court may order the defendant to pay a reasonable fee for utilizing the equipment. All fees collected pursuant to this section shall be in addition to any other fines or penalty provided by law and shall be deposited in the court interlock device and electronic monitoring device fund created in section 18-8010, Idaho Code.
[18-8008A, added 2018, ch. 254, sec. 6, p. 602.]
A person who knowingly assists another person who is restricted to the use of an ignition interlock device to start and operate that vehicle in violation of a court order shall be guilty of a misdemeanor. The provisions of this section do not apply if the starting of a motor vehicle, or the request to start a motor vehicle, equipped with an ignition interlock device is done for the purpose of safety or mechanical repair of the device or the vehicle and person subject to the court order does not operate the vehicle.
[18-8009, added 1988, ch. 339, sec. 3, p. 1009.]
Every person who is convicted, found guilty, pleads guilty or receives a withheld judgment for violating the provisions of this chapter shall be required to pay an additional fifteen dollars ($15.00) in addition to any other fine, penalty or costs the court may assess. Moneys received pursuant to this section shall be remitted to the county treasurer in the county where the person was adjudicated for deposit in the "court interlock device and electronic monitoring device fund," which is hereby created in each county. Moneys in this fund may be utilized for the purchase of ignition interlock devices and electronic monitoring devices required pursuant to sections 18-8002, 18-8002A, 18-8005, 18-8008 and 18-8008A, Idaho Code. Additionally, any moneys a court charges a defendant for using an ignition interlock device or electronic monitoring devices shall be placed in this fund. The court or a prosecuting attorney who establishes a diversion program pursuant to section 19-3509, Idaho Code, may also utilize moneys in this fund to assist an indigent defendant or indigent diversion participant to procure an ignition interlock device or electronic monitoring devices. The court may also utilize moneys in this fund for alcohol or drug abuse-related probation, treatment or prevention programs for adults or juveniles.
[18-8010, added 1988, ch. 339, sec. 4, p. 1009; am. 1996, ch. 417, sec. 1, p. 1387; am. 1998, ch. 416, sec. 1, p. 1314; am. 2018, ch. 254, sec. 7, p. 603; am. 2019, ch. 305, sec. 4, p. 911.]
A court-ordered suspension of an individual’s driver’s license or driving privileges issued pursuant to this chapter that is to commence after that individual’s release from confinement or imprisonment, shall cease to run if the individual is reincarcerated. The court-ordered suspension will be stayed for the entire period the individual is reincarcerated and will recommence as of the date the individual is rereleased from confinement or imprisonment. Upon the individual’s release from confinement or imprisonment, the suspension period will run for the number of days remaining on the suspension as of the date of the individual’s reincarceration.
[18-8011, added 1998, ch. 152, sec. 4, p. 527.]
The legislature recognizes the constitutional right of every citizen to harbor and express beliefs on any subject, to associate with others who share similar beliefs, and to keep and bear arms. It is not the intent, by the provisions of this chapter, to interfere with the exercise of rights protected by the constitutions of the state of Idaho or the United States. The legislature further recognizes and finds that conspiracies and training activities in furtherance of unlawful acts of violence against persons and property is not constitutionally protected, poses a threat to public order and safety, and should be subject to criminal sanctions.
[18-8101, added 1987, ch. 318, sec. 1, p. 669.]
As used in this chapter:
(1) "Civil disorder" means any public disturbance involving acts of violence by an assemblage of two (2) or more persons which acts cause an immediate danger of or result in damage or injury to the property or person of any other individual.
(2) "Governmental military force" means the national guard, as defined in section 101(9) of title 10, United States Code; the organized militia of any state or territory of the United States, the Commonwealth of Puerto Rico, or the District of Columbia, not included with the definition of national guard as defined by such section 101(9); and the armed forces of the United States.
(3) "Law enforcement agency" means a governmental unit of one (1) or more persons employed full time or part time by the state or federal government, or a political subdivision thereof, for the purpose of preventing and detecting crime and enforcing laws or local ordinances and the employees of which are authorized to make arrests for crimes while acting within the scope of their authority.
(4) "Peace officer" means any duly appointed officer of a law enforcement agency as defined herein including, but not limited to, an officer of the Idaho state police, department of fish and game, a sheriff or deputy sheriff of a county, or a marshal or police officer of a city.
(5) "Terrorism" means activities that:
(a) Are a violation of Idaho criminal law; and
(b) Involve acts dangerous to human life that are intended to:
(i) Intimidate or coerce a civilian population;
(ii) Influence the policy of a government by intimidation or coercion; or
(iii) Affect the conduct of a government by the use of weapons of mass destruction, as defined in section 18-3322, Idaho Code.
[18-8102, added 1987, ch. 318, sec. 1, p. 670; am. 1995, ch. 116, sec. 22, p. 399; am. 2000, ch. 469, sec. 29, p. 1489; am. 2002, ch. 222, sec. 6, p. 628.]
Any person who:
(1) Conspires with one (1) or more persons to injure, oppress, threaten or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the constitutions or laws of the United States or the state of Idaho, by the use of violence against the person or property of such citizen; or
(2) Goes on the highway, or on the premises of any citizen, with one (1) or more other persons, with the intent by use of violence against such citizen or his property, to prevent or hinder his free exercise or enjoyment of any right or privilege so secured; or
(3) Assembles with one (1) or more persons for the purpose of training or instructing in the use of, or practicing with, any technique or means capable of causing property damage, bodily injury or death with the intent to employ such training, instruction or practice in the commission of a civil disorder, as defined herein; or
(4) Commits an act of terrorism, as defined in this chapter; or
(5) Conspires with one (1) or more persons to commit an act of terrorism, as defined in this chapter;
shall be guilty of a felony. A violation of subsection (1), (2) or (3) of this section shall be punished by imprisonment in the state prison for a period not to exceed ten (10) years, by a fine not in excess of fifty thousand dollars ($50,000), or by both such fine and imprisonment. A violation of subsection (4) or (5) shall be punished by imprisonment in the state prison for a period of up to and including life imprisonment or by a fine not exceeding fifty thousand dollars ($50,000), or by both.
[18-8103, added 1987, ch. 318, sec. 1, p. 670; am. 2002, ch. 222, sec. 7, p. 629.]
Nothing contained in this chapter makes unlawful any act protected pursuant to article I, section 11, of the Idaho constitution, or any act of any peace officer which is performed in the lawful performance of the law enforcement officer’s official duties. Nothing contained in this chapter makes unlawful any activity of the department of fish and game, any governmental military force, the department of correction, any law enforcement agency, or any activity intended to teach or practice self-defense or self-defense techniques, such as karate clubs or self-defense clinics, and similar lawful activity, or any facility, program or lawful activity related to firearms instruction and training intended to teach the safe handling and use of firearms, or any other lawful sports or activities related to the individual recreational use or possession of firearms, including but not limited to, hunting activities, target shooting, self-defense, firearms collection or any organized activity including, but not limited to, any hunting club, rifle club, rifle range or shooting range which does not include a conspiracy as defined under the laws of this state or the knowledge of or the intent to cause or further a civil disorder.
[18-8104, added 1987, ch. 318, sec. 1, p. 670.]
The provisions of this act are hereby declared to be severable and if any provision of this act 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 act.
[18-8105, added 1987, ch. 318, sec. 1, p. 671; am. 2008, ch. 27, sec. 5, p. 45.]
(1) A person who provides material support or resources, or who conceals or disguises the nature, location, source or ownership of material support or resources, with the knowledge and intention that such support or resources are to be used in the preparation or carrying out of a violation of this chapter, or in the preparation or carrying out of the concealment of such support or resources, or in the escape from the commission of any such violation, shall be guilty of a felony and shall be punished by imprisonment in the state prison for a period not to exceed fifteen (15) years or by a fine not exceeding fifty thousand dollars ($50,000), or by both.
(2) As used in this section, the term "material support or resources" means currency or other financial securities, financial services, lodging, safe houses, training, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets. "Material support or resources" does not include medical or religious material.
[18-8106, added 2002, ch. 222, sec. 8, p. 630.]
(1) It is unlawful for any person to knowingly or intentionally give, sell, transfer, trade, invest, conceal, transport, or make available anything of value that the person knows is intended to be used to commit or further a pattern of racketeering activity as defined in section 18-7803(d), Idaho Code, or a violation of the provisions of chapter 27, title 37, Idaho Code.
(2) It is unlawful for any person to knowingly or intentionally direct, plan, organize, initiate, finance, manage, supervise, or facilitate the transportation or transfer of proceeds known by that person to be derived from a pattern of racketeering activity as defined in section 18-7803(d), Idaho Code, or a violation of the provisions of chapter 27, title 37, Idaho Code.
(3) It is unlawful for any person to knowingly or intentionally conduct a financial transaction involving proceeds known by that person to be derived from a pattern of racketeering activity as defined in section 18-7803(d), Idaho Code, or a violation of the provisions of chapter 27, title 37, Idaho Code, if the transaction is designed in whole or in part to conceal or disguise the nature, location, source, ownership, or control of the proceeds, or to avoid a transaction reporting requirement under state or federal law.
(4) A person who violates the provisions of this section is guilty of a felony and upon conviction may be fined not more than two hundred fifty thousand dollars ($250,000) or twice the value of the property involved in the transaction, whichever is greater, or be imprisoned for not more than ten (10) years, or be both so fined and imprisoned.
(5) Upon a conviction of a violation under the provisions of this chapter, the court may order restitution for all costs and expenses of prosecution and investigation, pursuant to the terms and conditions set forth in section 37-2732(k), Idaho Code.
[18-8201, added 1992, ch. 335, sec. 1, p. 1004; am. 1993, ch. 105, sec. 3, p. 270.]
This chapter shall be known and may be cited as the "Sexual Offender Registration Notification and Community Right-to-Know Act."
[18-8301, added 1998, ch. 411, sec. 2, p. 1276.]
The legislature finds that sexual offenders present a danger and that efforts of law enforcement agencies to protect their communities, conduct investigations and quickly apprehend offenders who commit sexual offenses are impaired by the lack of current information available about individuals who have been convicted of sexual offenses who live within their jurisdiction. The legislature further finds that providing public access to certain information about convicted sexual offenders assists parents in the protection of their children. Such access further provides a means for organizations that work with youth or other vulnerable populations to prevent sexual offenders from threatening those served by the organizations. Finally, public access assists the community in being observant of convicted sexual offenders in order to prevent them from recommitting sexual crimes. Therefore, this state’s policy is to assist efforts of local law enforcement agencies to protect communities by requiring sexual offenders to register with local law enforcement agencies and to make certain information about sexual offenders available to the public as provided in this chapter.
[18-8302, added 1998, ch. 411, sec. 2, p. 1276; am. 2011, ch. 311, sec. 1, p. 882.]
As used in this chapter:
(1) "Aggravated offense" means any of the following crimes: 18-1506A (ritualized abuse of a child); 18-1508 (lewd conduct); 18-4003(d) (murder committed in the perpetration of rape); 18-4502 (first-degree kidnapping committed for the purpose of rape, committing any lewd and lascivious act upon any child under the age of sixteen years or for purposes of sexual gratification or arousal); 18-4503 (second-degree kidnapping where the victim is an unrelated minor child and the kidnapping is committed for the purpose of rape, committing any lewd and lascivious act upon any child under the age of sixteen years or for purposes of sexual gratification or arousal); 18-6101 (rape, but excluding section 18-6101(1) where the victim is at least twelve (12) years of age or the defendant is eighteen (18) years of age and section 18-6101(2) where the victim is sixteen (16) or seventeen (17) years of age and the defendant is no more than five (5) years older than the victim); 18-6604 (forcible penetration by use of a foreign object); chapter 86, title 18, (human trafficking); and any other offense set forth in section 18-8304, Idaho Code, if at the time of the commission of the offense the victim was below the age of thirteen (13) years or an offense that is substantially similar to any of the foregoing offenses under the laws of another jurisdiction or military court or the court of another country.
(2) "Board" means the sexual offender management board described in section 18-8312, Idaho Code.
(3) "Central registry" means the registry of convicted sexual offenders maintained by the Idaho state police pursuant to this chapter.
(4) "Certified evaluator" means either a psychiatrist licensed by this state pursuant to chapter 18, title 54, Idaho Code, or a master’s or doctoral level mental health professional licensed by this state pursuant to chapter 23, chapter 32, or chapter 34, title 54, Idaho Code. Such person shall have, by education, experience and training, expertise in the assessment and treatment of sexual offenders, and such person shall meet the qualifications and shall be approved by the board to perform psychosexual evaluations in this state, as described in section 18-8314, Idaho Code.
(5) "Department" means the Idaho state police.
(6) "Employed" means full-time or part-time employment exceeding ten (10) consecutive working days or for an aggregate period exceeding thirty (30) days in any calendar year, or any employment that involves counseling, coaching, teaching, supervising or working with minors in any way regardless of the period of employment, whether such employment is financially compensated, volunteered or performed for the purpose of any government or education benefit.
(7) "Foreign conviction" means a conviction under the laws of Canada, Great Britain, Australia or New Zealand, or a conviction under the laws of any foreign country deemed by the U.S. department of state, in its country reports on human rights practices, to have been obtained with sufficient safeguards for fundamental fairness and due process.
(8) "Habitually lives" means any place where a person lives, sleeps, or visits with any regularity, including where a homeless person is stationed during the day or sleeps at night, and any place where a person visits for longer than five (5) hours per visit more than five (5) times within a thirty (30) day period.
(9) "Homeless" means having no fixed residence.
(10) "Incarceration" means committed to the custody of the Idaho department of correction or department of juvenile corrections, but excluding cases where the court has retained jurisdiction.
(11) "Jurisdiction" means any of the following: a state, the District of Columbia, the commonwealth of Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, the United States Virgin Islands, the federal government or a federally recognized Indian tribe.
(12) "Minor" means an individual who has not attained the age of eighteen (18) years.
(13) "Offender" means an individual convicted of an offense listed and described in section 18-8304, Idaho Code, or a substantially similar offense under the laws of another jurisdiction or military court or the court of another country deemed by the U.S. department of state, in its country reports on human rights practices, to have sufficient safeguards for fundamental fairness and due process.
(14) "Offense" means a sexual offense listed in section 18-8304, Idaho Code.
(15) "Psychosexual evaluation" means an evaluation that specifically addresses sexual development, sexual deviancy, sexual history and risk of reoffense as part of a comprehensive evaluation of an offender.
(16) "Recidivist" means an individual convicted two (2) or more times of any offense requiring registration under this chapter.
(17) "Residence" means the location where an offender habitually lives.
(18) "Student" means a person who is enrolled on a full-time or part-time basis in any public or private educational institution, including any secondary school, trade or professional institution or institution of higher education.
(19) "Violent sexual predator" means a person who was designated as a violent sexual predator by the sexual offender management board where such designation has not been removed by judicial action or otherwise.
[18-8303, added 1998, ch. 411, sec. 2, p. 1277; am. 1999, ch. 349, sec. 1, p. 932; am. 2000, ch. 236, sec. 1, p. 663; am. 2000, ch. 469, sec. 30, p. 1489; am. 2001, ch. 194, sec. 1, p. 659; am. 2002, ch. 183, sec. 1, p. 532; am. 2003, ch. 235, sec. 1, p. 603; am. 2004, ch. 125, sec. 1, p. 417; am. 2009, ch. 250, sec. 1, p. 761; am. 2010, ch. 352, sec. 6, p. 923; am. 2011, ch. 311, sec. 2, p. 882; am. 2016, ch. 296, sec. 9, p. 838; am. 2019, ch. 30, sec. 1, p. 82; am. 2019, ch. 143, sec. 5, p. 492; am. 2022, ch. 124, sec. 17, p. 449; am. 2024, ch. 147, sec. 46, p. 581; am. 2024, ch. 258, sec. 1, p. 898; am. 2026, ch. 204, sec. 1, p. 881.]
(1) The provisions of this chapter shall apply to any person who:
(a) On or after July 1, 1993, is convicted of the crime, or an attempt, a solicitation, or a conspiracy to commit a crime provided for in section 18-909 (assault with intent to commit rape or lewd and lascivious conduct with a minor, but excluding mayhem, murder or robbery), 18-911 (battery with intent to commit rape or lewd and lascivious conduct with a minor, but excluding mayhem, murder or robbery), 18-919 (sexual exploitation by a medical care provider), 18-925 (aggravated sexual battery), 18-1505B (sexual abuse and exploitation of a vulnerable adult), 18-1506 (sexual abuse of a child under sixteen years of age), 18-1506A (ritualized abuse of a child), felony violations of 18-1507 (sexual exploitation of a child), 18-1508 (lewd conduct with a minor child), 18-1508A (sexual battery of a minor child sixteen or seventeen years of age), 18-1508B (aggravated lewd conduct with a minor child under sixteen), 18-1508C (aggravated lewd conduct with a minor child twelve or under), 18-1509A (enticing a child over the internet), 18-4003(d) (murder committed in perpetration of rape), 18-4116 (indecent exposure, but excluding a misdemeanor conviction), 18-4502 (first degree kidnapping committed for the purpose of rape or for committing any lewd and lascivious act upon any child under the age of sixteen, or for purposes of sexual gratification or arousal), 18-4503 (second degree kidnapping where the victim is an unrelated minor child), 18-5605 (detention for commercial sexual activity), 18-5609 (inducing a child into commercial sexual activity), 18-5610 (utilizing a child for commercial sexual activity), 18-5611 (inducing a child to engage in commercial sexual activity), 18-6101 (rape, but excluding 18-6101(1) where the defendant is eighteen years of age), 18-6110 (sexual contact with a prisoner), 18-6601 (incest), 18-6602 (sexual abuse of an animal), 18-6603 (sexual abuse of human remains), 18-6604 (forcible penetration by use of a foreign object), 18-6605 (video voyeurism where the victim is a minor or upon a second or subsequent conviction), 18-7804 (if the racketeering act involves kidnapping of a minor) or chapter 86, title 18 (human trafficking), Idaho Code.
(b) On or after July 1, 1993, has been convicted of any crime, an attempt, a solicitation or a conspiracy to commit a crime in another jurisdiction, including military courts, or who has a foreign conviction that is substantially equivalent to the offenses listed in paragraphs (a) or (f) of this subsection and enters this state to establish residence or for employment purposes or to attend, on a full-time or part-time basis, any public or private educational institution including any secondary school, trade or professional institution or institution of higher education.
(c) Has been convicted of any crime, an attempt, a solicitation or a conspiracy to commit a crime in another jurisdiction, including military courts, or who has a foreign conviction that is substantially equivalent to the offenses listed in paragraphs (a) or (f) of this subsection and was required to register as a sex offender in any other state or jurisdiction when he established residency in Idaho.
(d) Pleads guilty to or has been found guilty of a crime covered in this chapter prior to July 1, 1993, and the person, as a result of the offense, is incarcerated in a county jail facility or a penal facility or is under probation or parole supervision, on or after July 1, 1993.
(e) Is a nonresident regularly employed or working in Idaho or is a student in the state of Idaho and was convicted, found guilty or pleaded guilty to a crime covered by this chapter and, as a result of such conviction, finding or plea, is required to register in his state of residence.
(f) On or after July 1, 1993, is convicted of the crime or an attempt, solicitation, or conspiracy to commit the infamous crime against nature, a felony offense formerly codified in chapter 66, title 18, Idaho Code, and whose conviction is entered before July 1, 2022.
(2) An offender shall not be required to comply with the registration provisions of this chapter while incarcerated in a correctional institution of the department of correction, a county jail facility, committed to the department of juvenile corrections or committed to a mental health institution of the department of health and welfare.
(3) A conviction for purposes of this chapter means that the person has pled guilty or has been found guilty, notwithstanding the form of the judgment or withheld judgment.
(4) The department shall have authority to promulgate rules to implement the provisions of this chapter.
[18-8304, added 1998, ch. 411, sec. 2, p. 1277; am. 1999, ch. 302, sec. 1, p. 754; am. 1999, ch. 349, sec. 2, p. 933; am. 2001, ch. 194, sec. 2, p. 660; am. 2003, ch. 145, sec. 2, p. 419; am. 2004, ch. 122, sec. 2, p. 411; am. 2005, ch. 233, sec. 1, p. 711; am. 2006, ch. 408, sec. 1, p. 1237; am. 2009, ch. 250, sec. 2, p. 762; am. 2010, ch. 352, sec. 7, p. 925; am. 2011, ch. 27, sec. 2, p. 68; am. 2011, ch. 311, sec. 3, p. 884; am. 2012, ch. 269, sec. 4, p. 754; am. 2012, ch. 271, sec. 1, p. 765; am. 2013, ch. 240, sec. 3, p. 567; am. 2016, ch. 296, sec. 5, p. 829; am. 2016, ch. 377, sec. 3, p. 1105; am. 2018, ch. 322, sec. 3, p. 751; am. 2019, ch. 30, sec. 2, p. 83; am. 2019, ch. 143, sec. 6, p. 494; am. 2022, ch. 124, sec. 18, p. 451; am. 2023, ch. 181, sec. 1, p. 494; am. 2024, ch. 147, sec. 47, p. 583; am. 2025, ch. 177, sec. 6, p. 835.]
(1) The department shall establish and maintain a central sexual offender registry separate from other records maintained by the department. The information contained in the registry shall be in digital form or include links or identification numbers that provide access to the information in other databases in which it is included in digital form. The registry shall include, but is not limited to, the following information:
(a) Name and all aliases that the offender has used or under which the offender has been known including the offender’s primary or given name, nicknames and pseudonyms generally, regardless of the context in which they are used, any designations or monikers used for self-identification in internet communications or postings and traditional names given by family or clan pursuant to ethnic or tribal tradition;
(b) A complete physical description of the person including any identifying marks, such as scars or tattoos, the offender’s date of birth including any date the offender uses as his or her purported date of birth and the offender’s social security number including any number the offender uses as his or her purported social security number;
(c) The criminal history of the offender including the jurisdiction of all arrests and convictions, the name under which the offender was convicted of each offense, the status of parole, probation or supervised release; registration status; and the existence of any outstanding arrest warrants for the offender;
(d) The text of the provision of law defining the criminal offense for which the sexual offender is registered as formulated at the time the offender was convicted;
(e) The name and location of each hospital, jail or penal institution to which the offender was committed for each offense covered under this chapter;
(f) The address or physical description of each residence at which the offender resides;
(g) The name and address of any place where the offender is a student or will be a student unless the offender is only participating in courses remotely through the mail or the internet;
(h) The license plate number and a description of any vehicle owned or regularly operated by the sexual offender including any vehicle the offender drives, either for personal use or in the course of employment, regardless of to whom the vehicle is registered. The term "vehicle" includes watercraft and aircraft. To the extent the vehicle does not have a license plate, a registration number or other identifying information shall be provided;
(i) Any e-mail or instant messaging address used by the offender;
(j) The offender’s telephone numbers including, but not limited to, fixed location telephone numbers, voice over internet protocol numbers and cell phone numbers;
(k) The name and address of any place where the offender is employed or will be employed and the name and address of any place where the offender works as a volunteer or otherwise works without remuneration or if the offender does not have a fixed place of employment, a description of normal travel routes or the general areas in which the offender works;
(l) Information regarding any professional license maintained by the offender that authorizes the offender to engage in an occupation or carry out a trade or business;
(m) Information about the offender’s passport, if any, and if the offender is an alien, information about documents establishing the offender’s immigration status including document type and number information for such documents and a digitized copy of the documents;
(n) A set of fingerprints and palm prints of the offender;
(o) A current photograph of the offender; and
(p) A photocopy of a valid driver’s license or identification card issued to the offender, if any.
(2) The department shall adopt rules relating to providing notice of address changes to law enforcement agencies, developing forms, operating the central registry, reviewing and correcting records, and expunging records of persons who are deceased, whose convictions have been reversed or who have been pardoned, and those for whom an order of expungement or relief from registration has been entered pursuant to section 18-8310, Idaho Code.
(3) The department shall develop and distribute to appropriate agencies the standardized forms necessary for the administration of the registry and shall provide appropriate agencies with instructions for completing and submitting the forms. The attorney general shall approve the forms and instructions prior to distribution.
(4) The department shall notify the attorney general of the United States and appropriate law enforcement agencies of any failure by an offender to comply with the requirements of this chapter and shall revise the registry to reflect the nature of that failure.
[18-8305, added 1998, ch. 411, sec. 2, p. 1278; am. 2011, ch. 311, sec. 4, p. 885.]
(1) When a person is sentenced for an offense identified in section 18-8304, Idaho Code, the prosecuting attorney shall seek and the court shall order a designated law enforcement agency to immediately photograph that person and obtain fingerprints and palm prints unless the person has been photographed and has provided fingerprints and palm prints previously for the same offense. Fingerprints, palm prints and photographs may be taken at the jail or correctional facility to which the person is remanded or sentenced. The fingerprints, palm prints and photographs taken pursuant to this subsection shall be submitted to the department as provided in section 67-3005, Idaho Code.
(2) A person convicted of an offense identified in section 18-8304, Idaho Code, and released on probation without a sentence of incarceration in a county jail or correctional facility, including release pursuant to a withheld judgment or release from any mental institution, shall be notified by the sentencing court of the duty to register pursuant to the provisions of this chapter and the offender shall register in accordance with this chapter no later than two (2) working days after sentence is imposed or judgment is withheld. The written notification shall be a form provided by the department and approved by the attorney general and shall be signed by the defendant. The court shall retain one (1) copy, provide one (1) copy to the offender, and submit one (1) copy to the central registry within three (3) working days of release.
(3) With respect to an offender convicted of a sexual offense identified in section 18-8304, Idaho Code, and sentenced to a period of immediate incarceration in a jail or correctional facility and subsequently released, placed on probation, or paroled, the department of correction or jail shall provide, prior to release from confinement, written notification of the duty to register and the offender shall register prior to his or her release. The written notification shall be a form provided by the department and approved by the attorney general and shall be signed by the offender. The department of correction or jail shall retain one (1) copy, provide one (1) copy to the offender, and submit one (1) copy to the central registry within three (3) working days of release.
(4) The sheriff of each county shall provide written notification, on a form provided by the Idaho transportation department and approved by the attorney general, of the registration requirements of this chapter to any person who enters this state from another jurisdiction and makes an application for an identification card or a license to operate a motor vehicle in this state. The written notice shall be signed by the person and one (1) copy shall be retained by the sheriff’s office and one (1) copy shall be provided to the person.
(5) The notification form provided by the department and approved by the attorney general shall:
(a) Explain the duty to register, the procedure for registration and penalty for failure to comply with registration requirements;
(b) Inform the offender of the requirement to provide notice of any change of address within Idaho or to another jurisdiction within two (2) working days of such change and of the immediate notification requirements set forth in subsections (2) and (3) of section 18-8309, Idaho Code;
(c) Inform the offender of the requirement to register in a new jurisdiction within two (2) working days of changing residence to that jurisdiction, becoming employed in that jurisdiction or becoming a student in that jurisdiction; and
(d) Obtain from the offender and agency or court, the information required for initial registration in the central registry as set forth in section 18-8305, Idaho Code, and any other information required by rules promulgated by the department.
(6) The official conducting the notice and initial registration shall ensure that the notification form is complete, that the offender has read and signed the form, and that a copy is forwarded to the central repository within three (3) working days of the registration.
(7) No person subject to registration shall willfully furnish false or misleading information when complying with registration and notification requirements of this chapter.
(8) An offender required to register under this chapter shall initially register in the jurisdiction in which he or she was convicted as well as any other jurisdiction requiring registration under this chapter. If the jurisdiction in which the offender is initially required to register is Idaho, the offender shall register in the county in which he or she primarily intends to reside. The county of initial registration shall then notify the department, which shall notify any other county or jurisdiction in which the offender is required to register.
[18-8306, added 1998, ch. 411, sec. 2, p. 1279; am. 1999, ch. 249, sec. 4, p. 647; am. 1999, ch. 302, sec. 2, p. 755; am. 2004, ch. 126, sec. 2, p. 429; am. 2011, ch. 311, sec. 5, p. 887.]
(1) Registration shall consist of a form provided by the department and approved by the attorney general, which shall be signed by the offender and shall require the information set forth in subsection (1) of section 18-8305, Idaho Code.
(2) At the time of registration, the sheriff shall obtain a photograph and fingerprints, in a manner approved by the department, and require the offender to provide full palm print impressions of each hand. A violent sexual predator shall pay a fee of fifty dollars ($50.00) to the sheriff at the time of the first calendar quarter registration and ten dollars ($10.00) per registration every subsequent quarter in the same calendar year. All other offenders shall pay an annual fee of eighty dollars ($80.00) to the sheriff for registration. The sheriff may waive the registration fee if the violent sexual predator or other offender demonstrates indigency. The fees collected under this section shall be used by the sheriff to defray the costs of violent sexual predator and other sexual offender registration and verification and for electronic notification, law enforcement information sharing and tracking. Irrespective of the classification or designation of the offender or predator, each county shall cause forty dollars ($40.00) per offender per year of the fees collected under this section to be used for development, continuous use and maintenance of a statewide electronic notification, information sharing and tracking system as implemented by the Idaho sheriffs’ association.
(3) The sheriff shall forward the completed and signed form, photograph, fingerprints and palm prints to the department within three (3) working days of the registration.
(a) The official conducting the registration shall ensure that the notification form is complete and that the offender has read and signed the form.
(b) No person subject to registration shall furnish false or misleading information when complying with registration and notification requirements of this chapter.
(4)(a) Within two (2) working days of coming into any county to establish residence, an offender shall register with the sheriff of the county. The offender thereafter shall register annually, unless the offender is designated as a violent sexual predator, in which case the offender shall register with the sheriff every three (3) months as provided in this section. If the offender intends to reside in another jurisdiction, the offender shall register in the other jurisdiction within two (2) days of moving to that jurisdiction and will not be removed from the sexual offender registry in Idaho until registration in another jurisdiction is complete.
(b) A nonresident required to register pursuant to section 18-8304(1)(b), Idaho Code, shall register with the sheriff of the county where employed or enrolled as a student within two (2) working days of the commencement of employment or enrollment as a student in an educational institution, provided that nonresidents employed in counseling, coaching, teaching, supervising or working with minors in any way, regardless of the period of employment, must register prior to the commencement of such employment.
(5) Registration shall be conducted as follows:
(a) For violent sexual predators the department shall mail a nonforwardable notice of quarterly registration to the offender’s last reported address within three (3) months following the last registration;
(b) For all other sex offenders the department shall mail an annual, nonforwardable notice of registration to the offender’s last reported address;
(c) Within seven (7) days of the mailing date of the notice, the offender shall appear in person at the office of the sheriff in the county in which the offender is required to register for the purpose of completing the registration process;
(d) If the notice is returned to the department as not delivered, the department shall inform the sheriff with whom the offender last registered of the returned notice.
(6) All written notifications of duty to register as provided herein shall include a warning that it is a felony as provided in section 18-8327, Idaho Code, for an offender to accept employment in any day care center, group day care facility or family day care home, as those terms are defined in chapter 11, title 39, Idaho Code, or to be upon or to remain on the premises of a day care center, group day care facility or family day care home while children are present, other than to drop off or pick up the offender’s child or children.
(7) An offender shall keep the registration current for the full registration period. The full registration period is for life; however, offenders may petition for release from the full registration period as set forth in section 18-8310, Idaho Code.
[18-8307, added 1998, ch. 411, sec. 2, p. 1280; am. 1999, ch. 302, sec. 3, p. 756; am. 1999, ch. 349, sec. 3, p. 934; am. 2004, ch. 270, sec. 4, p. 754; am. 2005, ch. 233, sec. 2, p. 712; am. 2006, ch. 178, sec. 10, p. 550; am. 2011, ch. 311, sec. 6, p. 888; am. 2013, ch. 131, sec. 1, p. 300; am. 2022, ch. 146, sec. 1, p. 521.]
(1)(a) The address or physical residence of an offender designated as a violent sexual predator shall be verified by the department between registrations.
(b) The procedure for verification shall be as follows:
(i) The department shall mail a nonforwardable notice of address verification every thirty (30) days between registrations to each offender designated as a violent sexual predator.
(ii) Each offender designated as a violent sexual predator shall complete, sign and return the notice of address verification form to the department within fourteen (14) days of the mailing date of the notice. If the notice of address verification is returned to the department as not delivered, or if the signed notice is not returned on time, the department shall, within five (5) days, notify the sheriff with whom the offender designated as a violent sexual predator last registered.
(iii) The sheriff shall verify the address of the offender by visiting the offender’s residence once every six (6) months or, if the offender fails to comply with the provisions of subparagraph (ii) of this paragraph, at any reasonable time to verify the address provided at registration.
(2) The address or physical residence of any sex offender not designated as a violent sexual predator shall be verified by the department between registrations. The procedure for verification shall be as follows:
(a) The department shall mail a nonforwardable notice of address verification every four (4) months between annual registrations.
(b) Each offender shall complete, sign and return the notice of address verification form to the department within fourteen (14) days of the mailing date of the notice. If the notice of address verification is returned as not delivered or if the signed notice is not returned on time, the department shall notify the sheriff within five (5) days and the sheriff shall visit the residence of the registered offender at any reasonable time to verify the address provided at registration.
(3) Any individual designated as a violent sexual predator shall be monitored with electronic monitoring technology for the duration of the individual’s probation or parole period as set forth in section 20-219(2), Idaho Code. Any person who, without authority, intentionally alters, tampers with, damages or destroys any electronic monitoring equipment required to be worn or used by a violent sexual predator shall be guilty of a felony.
(4) A sexual offender who does not provide a physical residence address at the time of registration shall report, in person, once every fourteen (14) days to the sheriff of the county in which he resides. Each time the offender reports to the sheriff, he shall complete a form provided by the department that includes the offender’s name, date of birth, social security number and a detailed description of the location where he is residing. The sheriff shall visit the described location at least once each month to verify the location of the offender.
[18-8308, added 1998, ch. 411, sec. 2, p. 1281; am. 2006, ch. 178, sec. 11, p. 551; am. 2009, ch. 156, sec. 1, p. 456; am. 2009, ch. 250, sec. 3, p. 763; am. 2010, ch. 79, sec. 2, p. 133; am. 2011, ch. 311, sec. 7, p. 890; am. 2022, ch. 146, sec. 2, p. 522.]
(1) If an offender subject to registration changes his or her name, street address or actual address, employment or student status, the offender shall appear in person within two (2) working days after the change at the office of the sheriff of the county where the offender is required to register and notify the sheriff of all changes in the information required for that offender in the sex offender registry. Provided however, nonresidents employed in this jurisdiction in counseling, coaching, teaching, supervising or working with minors in any way, regardless of the period of employment, shall register before the commencement of such employment. Within three (3) working days after receipt of the notice, the sheriff shall notify the department of the changed information and the department shall notify all other counties and jurisdictions in which the offender is required to register. An offender satisfies the notification requirements set forth in this subsection if he or she appears in another jurisdiction in which registration is required and notifies that jurisdiction of the changed information.
(2) An offender required to register shall immediately notify the department of any lodging lasting seven (7) days or more, regardless of whether the lodging would be considered a residence as defined in section 18-8303, Idaho Code. The department shall immediately notify the jurisdiction in which the lodging will occur if different than the jurisdiction in which the offender is required to register.
(3) An offender required to register shall immediately notify the department of any changes in his or her vehicle information and of any changes in designations used for self-identification or routing in internet communications or postings or telephonic communications.
(4) If this jurisdiction is notified that an offender who is required to register is expected to commence residence, employment or school attendance in this jurisdiction, but the offender fails to appear for registration as required, this jurisdiction shall inform the jurisdiction that provided the notification that the offender failed to appear and shall follow the procedures for cases involving possible violations of registration requirements set forth in the rules of procedures promulgated by the department.
(5) An offender required to register in Idaho shall notify the county in which he or she is registered of his or her intent to commence residence, employment or school attendance outside of the United States. Once notified, the county shall notify the central registry, which shall notify all other counties and jurisdictions in which the offender is required to register and notify the United States marshals service and update the registry accordingly.
(6) Upon receipt of information pursuant to this section, the department shall notify the law enforcement agencies in the counties where the offender resides or will reside, enter information in the central registry and transmit the appropriate information as required pursuant to section 18-8324, Idaho Code. Upon receipt of a notice of an offender changing residence to another jurisdiction or entering another jurisdiction for employment purposes or to attend school, the department shall notify those agencies entitled to notification pursuant to section 18-8324, Idaho Code.
(7) The department shall notify the attorney general of the United States and appropriate law enforcement agencies of any failure by an offender to comply with the requirements of this chapter and revise the registry to reflect the nature of that failure.
[18-8309, added 2011, ch. 311, sec. 9, p. 891.]
(1) Registration under this act is for life; however, any offender, other than a recidivist, an offender who has been convicted of an aggravated offense, or an offender designated as a violent sexual predator, may, after a period of ten (10) years from the date the offender was released from incarceration or placed on parole, supervised release or probation, whichever is greater, petition the district court for a show cause hearing to determine whether the offender shall be exempted from the duty to register as a sexual offender. If the offender was convicted in Idaho, the offender shall file his or her petition in the county in which he or she was convicted. If the offender was convicted in a jurisdiction other than Idaho, then the offender shall file his or her petition in the county in which he or she resides. In the petition the petitioner shall:
(a) Provide clear and convincing evidence that the petitioner has completed all periods of supervised release, probation, or parole for the conviction requiring registration without revocation;
(b) Provide an affidavit indicating that the petitioner does not have a criminal charge pending nor is the petitioner knowingly under criminal investigation for any violent crime or crime identified in section 18-8304, Idaho Code;
(c) Provide proof of service of such petition and supporting documents upon the county prosecuting attorney for the county in which the application is made and upon the central registry;
(d) Provide a certified copy of the judgment of conviction which caused the petitioner to report as a sexual offender;
(e) Provide clear and convincing evidence that the petitioner has successfully completed a sexual offender treatment program;
(f) Provide an affidavit demonstrating that the petitioner has no felony convictions during the period for which the petitioner has been registered; and
(g) Provide an affidavit demonstrating that the petitioner has committed no sex offenses during the period for which the petitioner has been registered.
(2) The county prosecuting attorney and the central registry may submit evidence, including by affidavit, rebutting the assertions contained within the offender’s petition, affidavits or other documents filed in support of the petition.
(3) The district court may grant a hearing if it finds that the petition is sufficient. The court shall provide at least sixty (60) days’ prior notice of the hearing to the petitioner, the county prosecuting attorney and the central registry. The central registry may appear or participate as a party.
(4) The court may exempt the petitioner from the registration requirement only after a hearing on the petition in open court and only upon proof by clear and convincing evidence and upon written findings of fact and conclusions of law by the court that:
(a) The petitioner has complied with the requirements set forth in subsection (1) of this section;
(b) The court has reviewed the petitioner’s criminal history and has determined that the petitioner is not a recidivist, has not been convicted of an aggravated offense or has not been designated as a violent sexual predator; and
(c) It is highly probable or reasonably certain the petitioner is not a risk to commit a new violation for any violent crime or crime identified in section 18-8304, Idaho Code.
(5) Concurrent with the entry of any order exempting the petitioner from the registration requirement, the court may further order that any information regarding the petitioner be expunged from the central registry.
[18-8310, added 1998, ch. 411, sec. 2, p. 1282; am. 2000, ch. 236, sec. 2, p. 664; am. 2001, ch. 194, sec. 3, p. 661; am. 2009, ch. 68, sec. 1, p. 191; am. 2011, ch. 311, sec. 10, p. 892; am. 2023, ch. 183, sec. 1, p. 503.]
Any person who was convicted under section 18-6101 1., Idaho Code, as it existed before July 1, 2010, where such person would not have been convicted under section 18-6101(1) or (2), Idaho Code, may petition the district court for a determination to be exempted from the duty to register as a sexual offender. If the district court finds that such person would not have been convicted under section 18-6101(1) or (2), Idaho Code, then the district court may exempt the petitioner from the duty to register as a sexual offender and may order that any information regarding the petitioner be expunged from the central registry. In the petition, the petitioner shall:
(1) Provide a certified copy of the judgment of conviction which caused the petitioner to report as a sexual offender; and
(2) Provide an affidavit that states the following:
(a) The specific underlying facts of petitioner’s conviction and that such facts do not come within the provisions of section 18-6101(1) or (2), Idaho Code;
(b) The petitioner does not have a criminal charge pending nor is the petitioner knowingly under criminal investigation for any crime identified in section 18-8304, Idaho Code; and
(c) The petitioner is not required to register as a sexual offender for any other reason set forth in this chapter.
[18-8310A, added 2012, ch. 271, sec. 2, p. 766.]
(1) An offender subject to registration who knowingly fails to register, verify his address, or provide any information or notice as required by this chapter shall be guilty of a felony and shall be punished by imprisonment in the state prison system for a period not to exceed ten (10) years and by a fine not to exceed five thousand dollars ($5,000). If the offender is on probation or other supervised release or suspension from incarceration at the time of the violation, the probation or supervised release or suspension shall be revoked and the penalty for violating this chapter shall be served consecutively to the offender’s original sentence.
(2) An offender subject to registration under this chapter, who willfully provides false or misleading information in the registration required, shall be guilty of a felony and shall be punished by imprisonment in a state prison for a period not to exceed ten (10) years and a fine not to exceed five thousand dollars ($5,000).
[18-8311, added 1998, ch. 411, sec. 2, p. 1282; am. 2000, ch. 236, sec. 3, p. 665; am. 2006, ch. 178, sec. 13, p. 553; am. 2011, ch. 311, sec. 11, p. 893.]
(1) A sexual offender management board is hereby created within the Idaho department of correction. The board shall consist of ten (10) voting members appointed by the governor by and with the advice and consent of the senate. Present members shall continue to serve for the balance of their initial terms of appointment. Thereafter, any member appointed or reappointed shall serve for a term of three (3) years. Members shall be eligible for reappointment to the board without limitation. The board shall be charged with the advancement and oversight of sexual offender management policies and practices statewide.
(2) Vacancies in the membership of the board shall be filled in the same manner in which the original appointments are made. Members appointed to a vacant position shall serve the remainder of the unexpired term.
(3) Qualifications of members.
(a) One (1) member of the board shall have, by education, experience and training, expertise in the assessment and treatment of adult sexual offenders.
(b) One (1) member of the board shall have, by education, experience and training, expertise in the assessment and treatment of juveniles who have been adjudicated for sexual offenses.
(c) One (1) member of the board shall have, by education, experience and training, expertise in cultural diversity and behavior of sexual offenders as they relate to assessment and treatment.
(d) One (1) member of the board shall be from the Idaho department of correction.
(e) One (1) member of the board shall be from the Idaho department of juvenile corrections.
(f) One (1) member of the board shall be an attorney who has experience in the prosecution of sexual offenders through the criminal justice process.
(g) One (1) member of the board shall be an attorney who has experience in the defense of sexual offenders through the criminal justice process.
(h) One (1) member of the board shall be from the Idaho sheriffs’ association.
(i) One (1) member of the board shall be a representative of the public.
(j) One (1) member of the board shall have, by education, experience and training, expertise in postconviction sexual offender polygraph examination.
(4) In addition, there shall be advisory to the board, one (1) nonvoting member representing the judiciary who shall be appointed by the chief justice of the Idaho supreme court. The term of appointment for the judicial member shall be four (4) years.
(5) The board may create subcommittees to address specific issues. Such subcommittees may include board members as well as invited experts and other stakeholders or participants.
(6) The board shall elect a chairman from its members.
(7) A quorum shall exist when a majority of the board is present.
(8) Members shall be compensated as provided by section 59-509(o), Idaho Code.
[18-8312, added 1998, ch. 411, sec. 2, p. 1283; am. 2002, ch. 183, sec. 2, p. 533; am. 2011, ch. 311, sec. 12, p. 893; am. 2015, ch. 306, sec. 1, p. 1208.]
The governor may remove members of the board for reasons of inefficiency, neglect of duty, malfeasance in office, commission of a felony or inability to perform the duties of office.
[18-8313, added 1998, ch. 411, sec. 2, p. 1283.]
(1) The board shall develop, advance and oversee sound sexual offender management policies and practices statewide as demonstrated by evidence-based best practices.
(2) The board shall carry out the following duties:
(a) Establish standards for psychosexual evaluations performed pursuant to section 18-8316, Idaho Code, and sexual offender treatment programs based on current and evolving best practices.
(b) Establish qualifications, set forth procedures for approval and certification, and administer the certification process for:
(i) Professionals conducting psychosexual evaluations pursuant to section 18-8316, Idaho Code, or adjudication proceedings on juvenile sexual offenders;
(ii) Professionals providing treatment to adult or juvenile sexual offenders as ordered or required by the court, the Idaho department of correction, the Idaho commission of pardons and parole, or the Idaho department of juvenile corrections; and
(iii) Professionals conducting post-conviction sexual offender polygraphs as ordered or required by the court, the Idaho department of correction, or the Idaho commission of pardons and parole.
(c) Establish a nonrefundable processing fee not to exceed one hundred fifty dollars ($150) for each initial certification and a nonrefundable processing fee not to exceed one hundred fifty dollars ($150) for each annual recertification.
(d) Set forth and administer procedures for quality assurance of the standards and qualifications established in this section.
(e) The board shall have authority to deny, revoke, restrict or suspend a certification if standards or qualifications are not met or to otherwise monitor a provider.
(f) Establish and implement standard protocols for sexual offender management, assessment and classification based on current and evolving best practices.
(g) Manage and maintain the records of the former sexual offender classification board.
(3) The board shall have authority to promulgate rules to carry out the provisions of this chapter.
[18-8314, added 1998, ch. 411, sec. 2, p. 1284; am. 2000, ch. 235, sec. 1, p. 662; am. 2000, ch. 236, sec. 4, p. 665; am. 2002, ch. 183, sec. 3, p. 534; am. 2003, ch. 235, sec. 2, p. 604; am. 2004, ch. 125, sec. 2, p. 418; am. 2006, ch. 379, sec. 1, p. 1172; am. 2010, ch. 352, sec. 8, p. 926; am. 2011, ch. 311, sec. 13, p. 894; am. 2021, ch. 30, sec. 2, p. 72.]
All meetings of the board shall be held in accordance with the open meetings law as provided in chapter 2, title 74, Idaho Code.
[18-8315, added 1998, ch. 411, sec. 2, p. 1284; am. 2000, ch. 469, sec. 31, p. 1490; am. 2004, ch. 125, sec. 3, p. 420; am. 2011, ch. 311, sec. 14, p. 896; am. 2019, ch. 161, sec. 1, p. 526.]
If ordered by the court, an offender convicted of any offense listed in section 18-8304, Idaho Code, may submit to an evaluation to be completed and submitted to the court in the form of a written report from a certified evaluator as defined in section 18-8303, Idaho Code, for the court’s consideration prior to sentencing and incarceration or release on probation. The court shall select the certified evaluator from a central roster of evaluators compiled by the sexual offender management board. A certified evaluator performing such an evaluation shall be disqualified from providing any treatment ordered as a condition of any sentence, unless waived by the court. An evaluation conducted pursuant to this section shall be done in accordance with the standards established by the board pursuant to section 18-8314, Idaho Code.
[18-8316, added 1998, ch. 411, sec. 2, p. 1285; am. 1999, ch. 380, sec. 1, p. 1044; am. 2003, ch. 235, sec. 3, p. 605; am. 2011, ch. 311, sec. 15, p. 897.]
The offender shall be required to pay for the cost of the psychosexual evaluations performed under this chapter, unless the offender demonstrates indigency. In such case, the psychosexual evaluation performed pursuant to section 18-8316, Idaho Code, shall be paid for by the county. As a condition of sentence, indigent offenders for whom the county has paid the cost of evaluation performed pursuant to section 18-8316, Idaho Code, shall be required to repay the county for the cost.
[18-8318, added 1998, ch. 411, sec. 2, p. 1286; am. 1999, ch. 302, sec. 6, p. 758; am. 2011, ch. 311, sec. 17, p. 897.]
Information within the sexual offender registry collected pursuant to this chapter is subject to release only as provided by this section.
(1) The department or sheriff shall provide public access to information contained in the central sexual offender registry by means of the internet.
(2) Information that shall be made available to the public is limited to:
(a) The offender’s name including any aliases or prior names;
(b) The offender’s date of birth;
(c) The address of each residence at which the offender resides or will reside and, if the offender does not have any present or expected residence address, other information about where the offender has his or her home or habitually lives;
(d) The address of any place where the offender is a student or will be a student;
(e) A physical description of the offender;
(f) The offense for which the offender is registered and any other sex offense for which the offender has been convicted and the place of the convictions;
(g) A current photograph of the offender; and
(h) Temporary lodging information including the place and the period of time the offender is staying at such lodging. "Temporary lodging" means any place in which the offender is staying when away from his or her residence for seven (7) or more days. If current information regarding the offender’s residence is not available because the offender is in violation of the requirement to register or cannot be located, then the website shall so note.
(3) The following information shall not be disclosed to the public:
(a) The identity of the victim;
(b) The offender’s social security number;
(c) Any reference to arrests of the offender that did not result in conviction;
(d) Any internet identifier associated with and/or provided by the offender;
(e) Any information pertaining to the offender’s passports and immigration documents; and
(f) Any information identifying any person related to, living with, working for, employing or otherwise associated with a registered sexual offender.
(4) Where a crime category such as "incest" may serve to identify a victim, that crime will be reported as a violation of section 18-1506, Idaho Code.
(5) The department shall include a cautionary statement relating to completeness, accuracy and use of registry information when releasing information to the public or noncriminal justice agencies as well as a statement concerning the penalties provided in section 18-8326, Idaho Code, for misuse of registry information.
(6) Information released pursuant to this section may be used only for the protection of the public.
(7) Further dissemination of registry information by any person or entity shall include the cautionary statements required in subsection (5) of this section.
[18-8323, added 1998, ch. 411, sec. 2, p. 1288; am. 1999, ch. 302, sec. 7, p. 758; am. 2001, ch. 195, sec. 1, p. 662; am. 2011, ch. 311, sec. 22, p. 898.]
(1) The department shall, within three (3) business days, disseminate any registration information collected under this chapter, including any changes in registry information, to:
(a) The attorney general of the United States for inclusion in the national sex offender registry or other appropriate databases;
(b) Each school and public housing agency in each area in which the offender resides, is an employee or is a student;
(c) Each jurisdiction where the sexual offender resides, is an employee or is a student and each jurisdiction from or to which a change of residence, employment or student status occurs;
(d) Criminal justice agencies through the public safety and security information system established in section 19-5202, Idaho Code;
(e) Any agency responsible for conducting employment-related background checks under section 3 of the national child protection act of 1993, 42 U.S.C. section 5119a;
(f) Social service entities responsible for protecting minors in the child welfare system;
(g) Volunteer organizations in which contact with minors or other vulnerable adults might occur; and
(h) Any organization, company or individual who requests notification of changes in registry information.
(2) Registry information provided under this section shall be used only for the administration of criminal justice or for the protection of the public as permitted by this chapter.
(3) The department shall include a cautionary statement relating to completeness, accuracy and use of registry information when releasing information to the public or noncriminal justice agencies as well as a statement concerning the penalties provided in section 18-8326, Idaho Code, for misuse of registry information.
(4) Information released pursuant to this section may be used only for the protection of the public.
(5) Further dissemination of registry information by any person or entity shall include the cautionary statements required in subsection (3) of this section.
[18-8324, added 1998, ch. 411, sec. 2, p. 1289; am. 2003, ch. 28, sec. 1, p. 101; am. 2005, ch. 115, sec. 1, p. 371; am. 2006, ch. 35, sec. 1, p. 98; am. 2011, ch. 311, sec. 23, p. 899.]
(1) No person or governmental entity, other than those specifically charged in this chapter with a duty to collect information under this chapter regarding registered sexual offenders, has a duty to inquire, investigate or disclose any information regarding registered sexual offenders.
(2) No person or governmental entity, other than those specifically charged in this chapter with an affirmative duty to provide public access to information regarding registered sexual offenders, shall be held liable for any failure to disclose any information regarding registered sexual offenders to any other person or entity.
(3) Every person or governmental entity who, acting without malice or criminal intent, obtains or disseminates information under this chapter shall be immune from civil liability for any damages claimed as a result of such disclosures made or received.
[18-8325, added 1998, ch. 411, sec. 2, p. 1290.]
Any person who uses information obtained pursuant to this chapter to commit a crime or to cause physical harm to any person or damage to property shall be guilty of a misdemeanor and, in addition to any other punishment, be subject to 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.
[18-8326, added 1998, ch. 411, sec. 2, p. 1290.]
(1) Except as provided in section 18-8328, Idaho Code, it is a felony for any person to: apply for or to accept employment at a day care center, group day care facility or family day care home; or to be upon or to remain on the premises of a day care center, group day care facility or family day care home while children are present, other than to drop off or pick up the person’s child or children if the person is currently registered or is required to register under the sex offender registration act as provided in chapter 83, title 18, Idaho Code.
(2) The owner or operator of any day care center, group day care facility or family day care home who knowingly employs a person or who knowingly accepts volunteer services from a person, which person is currently registered or is required to register under the sex offender registration act as provided in chapter 83, title 18, Idaho Code, to work in the day care center, group day care facility or family day care home is guilty of a misdemeanor unless judicial relief has been granted pursuant to section 18-8328, Idaho Code.
[18-8327, added 2004, ch. 270, sec. 1, p. 753.]
Any person who is required to register pursuant to chapter 83, title 18, Idaho Code, or chapter 84, title 18, Idaho Code, may file a petition in a district court in the judicial district where the person resides, to have relief from the provisions of section 18-8327 or 18-8414, Idaho Code, pertaining to employment in or being upon or remaining on the premises of a day care center, group day care facility or family day care home while children are present, other than to drop off or pick up the sex offender’s or juvenile sex offender’s child or children. To be granted relief pursuant to this section, the person shall show by clear and convincing evidence that the person required to register pursuant to chapter 83, title 18, Idaho Code, or chapter 84, title 18, Idaho Code, does not pose a threat to children in a day care center, group day care facility or family day care home, it has been at least ten (10) years since the person’s last conviction, finding of guilt or adjudication that required the person to register pursuant to chapter 83, title 18, Idaho Code, or chapter 84, title 18, Idaho Code, and the petitioner presents testimony from a licensed physician or psychologist about the petitioner’s chance of success of not committing an act against children.
[18-8328, added 2004, ch. 270, sec. 6, p. 756.]
(1) If a person is currently registered or is required to register pursuant to the sex offender registration act as provided in chapter 83, title 18, Idaho Code, it is a misdemeanor for such person to:
(a) Be on or to remain on the premises of any school building or school grounds in this state, on the premises or grounds of any daycare, or on other properties posted with a notice that they are used by a school or daycare, when the person has reason to believe children under eighteen (18) years of age are present and are involved in a school or daycare activity, or when children are present within thirty (30) minutes before or after a scheduled school or daycare activity.
(b) Knowingly loiter on a public way within five hundred (500) feet from the property line of school or daycare grounds in this state, including properties posted with a notice that they are used by a school or daycare, when children under eighteen (18) years of age are present and are involved in a school or daycare activity, or when children are present within thirty (30) minutes before or after a scheduled school or daycare activity.
(c) Be in any conveyance owned or leased by a school or daycare to transport students to or from school or daycare or a school- or daycare-related activity when children under eighteen (18) years of age are present in the conveyance.
(d) Reside within five hundred (500) feet of the property on which a school or daycare is located, measured from the nearest point of the exterior wall of the offender’s dwelling unit to the school’s or daycare’s property line, provided however, that this paragraph shall not apply if such person’s residence was established prior to July 1, 2006, for a school, and prior to July 1, 2020, for a daycare in existence on that date. This paragraph shall not apply to such person whose residence is established prior to the establishment of a daycare within five hundred (500) feet of his dwelling unit. The provisions of this paragraph shall apply when the person resides at a residential or long-term care facility.
(e) For purposes of this chapter, "school" means any public or private school. "Daycare" means any daycare as defined in chapter 11, title 39, Idaho Code, that is licensed or is zoned, permitted, or approved by a city or county for use as a daycare.
The posted notices required in this subsection shall be at least one hundred (100) square inches, shall make reference to section 18-8329, Idaho Code, shall include the term "registered sex offender," and shall be placed at all public entrances to the property.
(2) The provisions of subsection (1)(a) and (b) of this section shall not apply when the person:
(a) Is a student in attendance at the school;
(b) Is exercising his right to vote in public elections;
(c) Is taking delivery of his mail through an official post office located on school grounds; or
(d) Contacts the school district or daycare office annually and prior to his first visit of a school year and has obtained written permission from the district or daycare to be on the school or daycare grounds or on other property posted with a notice that the property is used by a school or daycare. For the purposes of this section, "contacts the school district or daycare office" shall include mail, facsimile machine, or by computer using the internet. The provisions of this subsection are required for an individual who:
(i) Is dropping off or picking up a child or children and the person is the child’s or children’s parent or legal guardian;
(ii) Is attending an academic conference or other scheduled extracurricular school event with school officials present when the offender is a parent or legal guardian of a child who is participating in the conference or extracurricular event. "Extracurricular" means any school-sponsored activity that is outside the regular curriculum, occurring during or outside regular school hours, including but not limited to academic, artistic, athletic, or recreational activities; or
(iii) Is temporarily on school or daycare grounds during school hours for the purpose of making a mail, food, or other delivery.
(3) The provisions of subsection (1)(d) of this section shall not apply when the person:
(a) Resides at a state-licensed or certified facility for incarceration or a hospital; or
(b) Stays at a homeless shelter or resides at a recovery facility, if such shelter or facility has been approved for sex offenders by the county sheriff.
(4) Nothing in this section shall prevent a school district or daycare from adopting more stringent safety and security requirements for employees and nonemployees while they are in district or daycare facilities and/or on district or daycare properties. If adopting more stringent safety and security requirements, the school district or daycare shall provide the requirements to any individual listed in subsection (2)(d)(i) through (iii) by mail, facsimile machine, or by computer using the internet.
[18-8329, added 2006, ch. 354, sec. 1, p. 1084; am. 2008, ch. 250, sec. 1, p. 736; am. 2011, ch. 266, sec. 1, p. 725; am. 2020, ch. 314, sec. 1, p. 891; am. 2026, ch. 38, sec. 1, p. 165; am. 2026, ch. 204, sec. 2, p. 883.]
(1) Except as otherwise provided in this section, when a person is required to register pursuant to this chapter, that person may not reside in any residential dwelling unit with more than one (1) other person who is also required to register pursuant to this chapter. If, on the effective date of this section, any person required to register pursuant to this chapter, is legally residing in a residential dwelling unit with more than one (1) other person required to so register, the person may continue to reside in that residential dwelling unit without violating the provisions of this section, provided that no additional persons so required to register shall move into that residential dwelling unit if the person moving in would be in violation of this section.
(2) For purposes of this section:
(a) "Reside" and "residing" mean occupying the residential dwelling unit as a fixed place of abode or habitation for any period and to which place the person has the intention of returning after a departure or absence therefrom regardless of the duration of absence.
(b) "Residential dwelling unit" includes, but is not limited to, single family dwellings and units in multifamily dwellings including units in duplexes, apartment dwellings, mobile homes, condominiums and townhouses in areas zoned as residential. For the purposes of this section a state or federally licensed health care or convalescent facility is not a residential dwelling unit.
(3) (a) A judge of the district court may, upon petition and after an appropriate hearing, authorize a person required to register pursuant to this chapter, to reside in a residential dwelling unit with more than one (1) other person who is also required to register pursuant to this chapter, if the judge determines that:
(i) Upon clear and convincing evidence that not doing so would deprive the petitioner of a constitutionally guaranteed right; and
(ii) That such right is more compelling under the facts of the case than is the interest of the state and local government in protecting neighboring citizens, including minors, from risk of physical or psychological harm. Such risk of harm shall be presumed absent clear and convincing evidence to the contrary given the applicant’s status as a person required to register pursuant to this chapter;
(b) Any exception allowed under this section shall be limited to alleviate only a deprivation of constitutional right which is more compelling than the interest of the state and local government in minimizing the risk of harm to the neighboring citizens;
(c) Any order of exception under this section shall be made a part of the registry maintained pursuant to this chapter.
(4) Any city or county may establish standards for the establishment and operation of residential houses for registered sex offenders which exceed the number of registered sex offenders allowed to reside in a residential dwelling unit under subsection (1) of this section. Applicable standards shall include establishing procedures to allow comment of neighboring residents within a specified distance, and may include, but are not limited to:
(a) Designating permissible zones in which such houses may be located;
(b) Designating permissible distances between such houses;
(c) Designating the maximum number of registered sex offenders allowed to reside in such houses;
(d) Designating qualifications and standards for supervision and care of such houses and the residents;
(e) Designating requirements and procedures to qualify as the operator of such houses, including any requirement that the residents be engaged in treatment or support programs for sex offenders and related addiction treatment or support programs; and
(f) Designating any health and safety requirements which are different than those applicable to other residential dwelling units in the zone.
(5) No person or entity shall operate a residence house for registered sex offenders in violation of the limitations of subsection (1) of this section except as otherwise provided under subsection (4) of this section. If, on the effective date of this section, any individual or entity is operating an existing residence house for persons required to register pursuant to this chapter, and when such individual or entity also requires such persons to be participants in a sex offender treatment or support program such individual or entity shall not be precluded from continuing to operate such residence house, provided that:
(a) The residence house shall not operate at a capacity exceeding eight (8) residents in the dwelling unit and two (2) residents per bedroom, or the existing number of residents, whichever is less;
(b) Once the governing city or county enacts an ordinance pursuant to subsection (4) of this section establishing standards for the operation of a residence house for sex offenders, the operator of the residence house shall, no later than one (1) year after enactment of the ordinance, comply with all standards of the ordinance, except any requirement that is less than the maximum capacity provided for under subsection (5)(a) of this section or which requires a relocation of the residence;
(c) The burden of proving that an existing residence house qualifies for continuing operation under this subsection shall be upon the operator of the residence house;
(d) Any change in the use of an existing residence house shall void the exception for the continuing operation of the house under the provisions of this section.
(6) If any person required to register pursuant to this chapter, is on parole or probation under the supervision of the Idaho department of correction, the department shall be notified by the person or the person’s agent of any intent to reside with another person required to register under this chapter. The department must approve the living arrangement in advance as consistent with the terms of the parole or probation, and consistent with the objective of reducing the risk of recidivism. The department shall establish rules governing the application of this subsection.
(7) Any person who knowingly and with intent violates the provisions of this section is guilty of a misdemeanor.
(8) Any city or county is entitled to injunctive relief against any person or entity operating a residence house within its jurisdiction in violation of this section.
[18-8331, added 2008, ch. 124, sec. 1, p. 343.]
This chapter shall be known and may be cited as the "Juvenile Sex Offender Registration Notification and Community Right-to-Know Act."
[18-8401, added 1998, ch. 412, sec. 1, p. 1299.]
The legislature finds that juvenile sex offenders present a significant risk of reoffense and that efforts of law enforcement agencies to protect communities, conduct investigations and quickly apprehend offenders who commit sex offenses are impaired by the lack of information available about individuals who have been convicted or adjudicated delinquent of sex offenses who live within their jurisdiction. The legislature further finds that providing public access to certain information about sex offenders assists parents in the protection of their children. Further, such access provides a means for organizations that work with youth or other vulnerable populations to prevent juvenile sex offenders from threatening those served by the organizations. Finally, public access assists the public to be observant of convicted juvenile sex offenders in order to prevent the offenders from recommitting sex crimes. Therefore, this state’s policy is to assist efforts of local law enforcement agencies to protect communities by requiring juvenile sex offenders to register with local law enforcement agencies and to make certain information about juvenile sex offenders available to the public as provided in this chapter.
[18-8402, added 1998, ch. 412, sec. 1, p. 1299.]
As used in this chapter, "juvenile sex offender" means a person who was between fourteen (14) years of age to eighteen (18) years of age at the time the qualifying sex offense was committed and who:
(1) On or after July 1, 1998, was adjudicated delinquent under the juvenile corrections act for an action that would be an offense enumerated in section 18-8304, Idaho Code, if committed by an adult; or
(2) As of July 1, 1998, is serving formal probation, a period of detention, or commitment to the department of juvenile corrections as the result of sentencing imposed under section 20-520, Idaho Code, for an action that would be an offense enumerated in section 18-8304, Idaho Code, if committed by an adult; or
(3) Was adjudicated delinquent in another state for an action that is substantially equivalent to the offenses enumerated in section 18-8304, Idaho Code, and is subject on or after July 1, 1998, to Idaho court jurisdiction under the interstate compact on juveniles; or
(4) Is required to register in another state for having committed a sex offense in that state regardless of the date of the offense or its adjudication.
[18-8403, added 1998, ch. 412, sec. 1, p. 1299.]
The Idaho state police shall establish and maintain within the central sex offender registry a separate registry of juvenile sex offenders. The registry shall include fingerprints, photographs, and information collected from submitted forms and other communications relating to notice of duty to register, sex offender registration, and notice of address change. Information in the registry of juvenile sex offenders is subject to release to criminal justice agencies pursuant to section 18-8305, Idaho Code, and to the public pursuant to section 18-8323, Idaho Code.
[18-8404, added 1998, ch. 412, sec. 1, p. 1300; am. 2000, ch. 469, sec. 32, p. 1491.]
With respect to a juvenile sex offender sentenced to probation without a period of detention, the court shall provide at the time of sentencing written notification of the duty to register. The written notification shall be a form provided by the Idaho state police and shall be signed by the juvenile and the parents or guardian of the juvenile. One (1) copy shall be retained by the court, one (1) copy shall be provided to the offender, and one (1) copy shall be submitted within three (3) working days to the central registry.
[18-8405, added 1998, ch. 412, sec. 1, p. 1300; am. 2000, ch. 469, sec. 33, p. 1491.]
With respect to a juvenile sex offender sentenced to a period of detention, the county shall provide, prior to release, written notification of the duty to register. With respect to a juvenile sex offender committed to the custody of the department of juvenile corrections, the department shall provide, prior to release, written notification of the duty to register. The written notification shall be a form provided by the Idaho state police and shall be signed by the juvenile and the parents or guardian of the juvenile. One (1) copy shall be retained by the department of juvenile corrections, one (1) copy shall be provided to the offender, and one (1) copy shall be submitted within three (3) working days to the central registry.
[18-8406, added 1998, ch. 412, sec. 1, p. 1300; am. 2000, ch. 469, sec. 34, p. 1491.]
A juvenile sex offender, other than one serving a period of detention or committed to the department of juvenile corrections, shall be subject to annual registration and change of name or address notification pursuant to sections 18-8307 and 18-8309, Idaho Code.
All written notifications of duty to register as provided herein shall include a warning that it is a felony punishable as provided in section 18-8414, Idaho Code, for a juvenile sex offender to accept employment in any day care center, group day care facility or family day care home, as those terms are defined in chapter 11, title 39, Idaho Code, or to be upon or to remain on the premises of a day care center, group day care facility or family day care home while children are present, other than to drop off or pick up the juvenile sex offender’s child or children.
[18-8407, added 1998, ch. 412, sec. 1, p. 1300; am. 2004, ch. 270, sec. 5, p. 756.]
The Idaho state police shall provide to the superintendent of public instruction, quarterly and on request, a list of registered juvenile sex offenders in the state. The superintendent of public instruction subsequently shall notify a school district or private school regarding the enrollment of a registered juvenile sex offender. The superintendent shall also notify the district or school of the offender’s probationary status or treatment status, if known.
[18-8408, added 1998, ch. 412, sec. 1, p. 1300; am. 2000, ch. 469, sec. 35, p. 1492.]
(1) A juvenile sex offender who fails to register or provide notification of a change of name or address is guilty of a misdemeanor.
(2) A parent of a juvenile sex offender commits the misdemeanor offense of failure to supervise a child if the offender fails to register or provide notification of a change of name or address as required by this section. A person convicted of this offense is subject to a fine of not more than one thousand dollars ($1,000).
[18-8409, added 1998, ch. 412, sec. 1, p. 1301; am. 2012, ch. 257, sec. 4, p. 710.]
When a registered juvenile sex offender reaches twenty-one (21) years of age, the prosecutor may petition the court to transfer the offender to the adult registry, subject to the registration and notification provisions of chapter 83, title 18, Idaho Code. If the court determines at a hearing that the juvenile sex offender is likely to pose a threat to the safety of others, the court shall order that the delinquent act be deemed an adult criminal conviction for the purpose of registration, notification, and public information access pursuant to chapter 83, title 18, Idaho Code. If no petition is filed, or if the court determines the juvenile is not likely to pose a threat to the safety of others, the juvenile shall be deleted from the registry.
[18-8410, added 1998, ch. 412, sec. 1, p. 1301.]
The provisions of this section do not apply to a juvenile who is subject to registration and notification requirements of chapter 83, title 18, Idaho Code, because the offender was convicted of a sex offense as an adult.
[18-8411, added 1998, ch. 412, sec. 1, p. 1301.]
(1) No person or governmental entity, other than those specifically charged in this chapter with a duty to collect information under this chapter regarding registered sex offenders, has a duty to inquire, investigate or disclose any information regarding registered sex offenders.
(2) No person or governmental entity, other than those specifically charged in this chapter with an affirmative duty to provide public access to information regarding registered sex offenders, shall be held liable for any failure to disclose any information regarding registered sex offenders to any other person or entity.
(3) Every person or governmental entity who, acting without malice or criminal intent, obtains or disseminates information under this chapter shall be immune from civil liability for any damages claimed as a result of such disclosures made or received.
[18-8412, added 1998, ch. 412, sec. 1, p. 1301.]
Any person who uses information obtained pursuant to this chapter to commit a crime or to cause physical harm to any person or damage to property shall be guilty of a misdemeanor and, in addition to any other punishment, shall be subject to 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.
[18-8413, added 1998, ch. 412, sec. 1, p. 1301.]
(1) Except as provided in section 18-8328, Idaho Code, it is a felony for any person to: apply for or to accept employment at a day care center, group day care facility or family day care home; or to be upon or to remain on the premises of a day care center, group day care facility or family day care home while children are present, other than to drop off or pick up the person’s child or children if the person is currently registered or is required to register under the juvenile sex offender registration act as provided in chapter 84, title 18, Idaho Code.
(2) The owner or operator of any day care center, group day care facility or family day care home who knowingly employs a person or who knowingly accepts volunteer services from a person, which person is currently registered or is required to register under the juvenile sex offender registration act as provided in chapter 84, title 18, Idaho Code, to work in the day care center, group day care facility or family day care home is guilty of a misdemeanor unless judicial relief has been granted pursuant to section 18-8328, Idaho Code.
[18-8414, added 2004, ch. 270, sec. 2, p. 753.]
This chapter shall be known and may be cited as the "Idaho Criminal Gang Enforcement Act."
[18-8501, added 2006, ch. 184, sec. 1, p. 582.]
As used in this chapter:
(1) "Criminal gang" means an ongoing organization, association, or group of three (3) or more persons, whether formal or informal, that has a common name or common identifying sign or symbol, whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity, having as one (1) of its primary activities the commission of one (1) or more of the criminal acts enumerated in subsection (3) of this section.
(2) "Criminal gang member" means any person who engages in a pattern of criminal gang activity and who meets two (2) or more of the following criteria:
(a) Admits to gang membership;
(b) Is identified as a gang member;
(c) Resides in or frequents a particular gang’s area and adopts its style of dress, its use of hand signs, or its tattoos, and associates with known gang members;
(d) Has been arrested more than once in the company of identified gang members for offenses that are consistent with usual gang activity;
(e) Is identified as a gang member by physical evidence such as photographs or other documentation; or
(f) Has been stopped in the company of known gang members four (4) or more times.
(3) "Pattern of criminal gang activity" means the commission, attempted commission or solicitation of two (2) or more of the following offenses, provided that the offenses are committed on separate occasions or by two (2) or more gang members:
(a) Robbery, as provided in section 18-6501, Idaho Code;
(b) Arson, as provided in sections 18-801 through 18-804, Idaho Code;
(c) Burglary, as provided in sections 18-1401, 18-1403, 18-1405 and 18-1406, Idaho Code;
(d) Murder or manslaughter, as provided, respectively, in sections 18-4001 and 18-4006, Idaho Code;
(e) Any violation of the provisions of chapter 27, title 37, Idaho Code;
(f) Any unlawful use or possession of a weapon, bomb or destructive device pursuant to chapter 33, title 18, Idaho Code;
(g) Assault and battery, as provided in chapter 9, title 18, Idaho Code;
(h) Criminal solicitation, as provided in section 18-2001, Idaho Code;
(i) Computer crime, as provided in section 18-2202, Idaho Code;
(j) Theft, as provided in sections 18-2401 and 18-2403, Idaho Code;
(k) Evidence falsified or concealed and witnesses intimidated or bribed, as provided in sections 18-2601 through 18-2606, Idaho Code;
(l) Forgery and counterfeiting, as provided in sections 18-3601 through 18-3603 and sections 18-3605 through 18-3616, Idaho Code;
(m) Gambling, as provided in section 18-3802, Idaho Code;
(n) Kidnapping, as provided in sections 18-4501 through 18-4503, Idaho Code;
(o) Mayhem, as provided in section 18-5001, Idaho Code;
(p) Commercial sexual activity, as provided in chapter 56, title 18, Idaho Code;
(q) Rape, as provided in sections 18-6101 and 18-6110, Idaho Code;
(r) Racketeering, as provided in section 18-7804, Idaho Code;
(s) Malicious harassment, as provided in section 18-7902, Idaho Code;
(t) Terrorism, as provided in section 18-8103, Idaho Code;
(u) Money laundering and illegal investment, as provided in section 18-8201, Idaho Code;
(v) Sexual abuse of a child under the age of sixteen years, as provided in section 18-1506, Idaho Code;
(w) Sexual exploitation of a child, as provided in section 18-1507, Idaho Code;
(x) Lewd conduct with minor child under sixteen, as provided in section 18-1508, Idaho Code;
(y) Sexual battery of a minor child sixteen or seventeen years of age, as provided in section 18-1508A, Idaho Code;
(z) Escape or rescue of prisoners, as provided in sections 18-2501 through 18-2506, Idaho Code;
(aa) Riot, as provided in sections 18-6401 and 18-6402, Idaho Code;
(bb) Disturbing the peace, as provided in section 18-6409, Idaho Code;
(cc) Malicious injury to property, as provided in section 18-7001, Idaho Code;
(dd) Injuring jails, as provided in section 18-7018, Idaho Code;
(ee) Injury by graffiti, as provided in section 18-7036, Idaho Code; or
(ff) Human trafficking, as provided in chapter 86, title 18, Idaho Code.
[18-8502, added 2006, ch. 184, sec. 1, p. 582; am. 2011, ch. 188, sec. 1, p. 538; am. 2016, ch. 296, sec. 10, p. 839; am. 2024, ch. 147, sec. 48, p. 584.]
(1) An adult, or any juvenile waived to adult court pursuant to section 20-508 or 20-509, Idaho Code, who is convicted of any felony or misdemeanor enumerated in section 18-8502(3), Idaho Code, that is knowingly committed for the benefit or at the direction of, or in association with, any criminal gang or criminal gang member, in addition to the punishment provided for the commission of the underlying offense, shall be punished as follows:
(a) Any adult, or any juvenile waived to adult court pursuant to section 20-508 or 20-509, Idaho Code, who is convicted of a misdemeanor shall be punished by an additional term of imprisonment in the county jail for not more than one (1) year.
(b) Any adult, or any juvenile waived to adult court pursuant to section 20-508 or 20-509, Idaho Code, who is convicted of a felony shall be punished by an extended term of not less than two (2) years and not more than five (5) years in prison.
(c) If the underlying offense described in section 18-8502(3), Idaho Code, is a felony and committed on the grounds of, or within one thousand (1,000) feet of, a public or private elementary, secondary or vocational school during hours when the facility is open for classes or school-related programs or when minors are using the facility, the extended term shall be not less than two (2) years and not more than five (5) years in prison.
(2) This section does not create a separate offense but provides an additional penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed facts.
(3) The court shall not impose an extended penalty pursuant to this section unless:
(a) The indictment, information, complaint or petition charging the defendant with the primary offense alleges that the primary offense was committed knowingly for the benefit or at the direction of, or in association with, a criminal gang or criminal gang member with the specific intent to promote, further or assist the activities of the criminal gang; and
(b) The trier of fact finds the allegation to be true beyond a reasonable doubt.
(4) Except in a case of a juvenile who has been waived to adult court pursuant to section 20-508 or 20-509, Idaho Code, the imposition or execution of the sentences provided in this section may not be suspended.
(5) An extended sentence provided in this section shall run consecutively to the sentence provided for the underlying offense.
(6) Unless waived to adult court pursuant to section 20-508 or 20-509, Idaho Code, a juvenile who is adjudicated of any felony or misdemeanor enumerated in section 18-8502(3), Idaho Code, that is knowingly committed for the benefit or at the direction of, or in association with, any criminal gang or criminal gang member shall be sentenced according to the provisions of section 20-520, Idaho Code.
[18-8503, added 2006, ch. 184, sec. 1, p. 584; am. 2007, ch. 316, sec. 1, p. 943; am. 2011, ch. 188, sec. 2, p. 539; am. 2014, ch. 99, sec. 1, p. 293.]
(1) A person commits the offense of recruiting criminal gang members by:
(a) Knowingly soliciting, inviting, encouraging or otherwise causing a person to actively participate in a criminal gang; or
(b) Knowingly using force, threats, violence or intimidation directed at any person, or by the infliction of bodily injury upon any person, to actively participate in a criminal gang.
(2) A person convicted of a violation of this section shall be imprisoned for a term not to exceed ten (10) years.
(3) This section shall not be construed to limit prosecution under any other provision of law.
[18-8504, added 2006, ch. 184, sec. 1, p. 584.]
(1) A person commits the offense of supplying firearms to a criminal gang if the person knows an individual is a gang member and supplies, sells or gives possession or control of any firearm to that gang member.
(2) Subsection (1) of this section shall not apply to a person who is convicted as a principal to the offense committed by the recipient of the firearm.
(3) A person convicted of a violation of this section shall be imprisoned for a term not to exceed ten (10) years or be fined an amount not to exceed fifty thousand dollars ($50,000), or both.
[18-8505, added 2006, ch. 184, sec. 1, p. 584.]
This chapter does not prevent any county, city or other political subdivision from adopting and enforcing ordinances or resolutions consistent with this chapter relating to criminal gangs and criminal gang violations.
[18-8506, added 2006, ch. 184, sec. 1, p. 585.]
It is the intent of the legislature to address the growing problem of human trafficking and to provide criminal sanctions for persons who engage in human trafficking in this state. In addition to the other provisions enumerated in this chapter, the legislature finds that it is appropriate for members of the law enforcement community to receive training from the respective training entities in order to increase awareness of human trafficking cases occurring in Idaho and to assist and direct victims of such trafficking to available community resources.
[(18-8601) 18-8501, added 2006, ch. 85, sec. 1, p. 249; am. and redesig. 2007, ch. 90, sec. 4, p. 249; am. 2019, ch. 143, sec. 1, p. 491.]
As used in this chapter:
(1) "Coercion" means compulsion or a threat, including but not limited to:
(a) Abusing or threatening abuse of the law or legal process against a person or a third party;
(b) Causing a person, without the person’s consent, to become intoxicated to a degree that impairs the person’s ability to appraise the nature of or resist engaging in any conduct, including performing or providing labor or services;
(c) Destroying, concealing, confiscating, or withholding, or threatening to destroy, conceal, confiscate, or withhold, a person’s or a third party’s actual or purported government record or identifying information or identifying document;
(d) Threatening physical harm, financial harm, unwanted physical restraint, or any conduct that would be criminal under Idaho Code; or
(e) Withholding alcohol or a controlled substance to a degree that impairs the ability of a person with a chemical dependency to appraise the nature of or resist engaging in any conduct, including performing or providing labor or services.
(2) "Child" means a person under eighteen (18) years of age.
(3) "Commercial sexual activity" means the exchange, or the attempted exchange, of sexual contact for a fee.
(4) "Fee" means any money, service, item of real or personal property, contraband, or thing of value.
(5) "Force" means the use of a weapon; the use of such physical strength or violence as is sufficient to overcome, restrain, or injure a person; or inflicting physical harm sufficient to compel submission by the victim.
(6) "Forced labor or services" means labor or services, other than labor or services that constitute sexual contact, that are performed or provided by another person and obtained through an actor’s use of force, fraud, or coercion.
(7) "Fraud" means the intentional use of any deceit, trick, misrepresentation, false statement, or some dishonest means to achieve a desired result.
(8) "Intimate body parts" includes human genitals, pubic area, buttocks, or breasts.
(9) "Sexual contact" means any touching of the intimate body parts of another person for the purpose of arousing or gratifying the sexual desire of either party, including but not limited to sexual intercourse, oral-genital contact, manual-genital contact, genital-anal contact, oral-anal contact, and other physical-genital contact.
(10) "Sexually explicit performance" means an act, show, production, recording, or any form of pornography made for the purpose of arousing or gratifying the sexual desire of any person.
(11) "Traffic" means to transport, entice, recruit, harbor, detain, hold, provide, or otherwise obtain another person by any means.
[18-8602, added 2024, ch. 147, sec. 21, p. 565.]
(1) A person who commits human sex trafficking as described in section 18-8607, Idaho Code, shall be guilty of a felony punishable by imprisonment for a period of no less than five (5) years and no more than twenty-five (25) years, or by a fine of no less than fifteen thousand dollars ($15,000) and no more than eighty thousand dollars ($80,000), or by both such fine and imprisonment.
(2) A person who commits human sex trafficking of a child as described in section 18-8608, Idaho Code, shall be guilty of a felony punishable by imprisonment for a period of no less than ten (10) years and no more than thirty (30) years, or by a fine of no less than twenty thousand dollars ($20,000) and no more than one hundred thousand dollars ($100,000), or by both such fine and imprisonment.
(3) A person who commits human labor trafficking as described in section 18-8609, Idaho Code, shall be guilty of a felony punishable by imprisonment for a period of no less than three (3) years and no more than twenty-five (25) years, or by a fine of no less than ten thousand dollars ($10,000) and no more than eighty thousand dollars ($80,000), or by both such fine and imprisonment.
(4) A person who commits human labor trafficking of a child as described in section 18-8610, Idaho Code, shall be guilty of a felony punishable by imprisonment for a period of no less than five (5) years and no more than twenty-five (25) years, or by a fine of no less than fifteen thousand dollars ($15,000) and no more than eighty thousand dollars ($80,000), or by both such fine and imprisonment.
[18-8603, added 2024, ch. 147, sec. 23, p. 566; am. 2025, ch. 211, sec. 10, p. 975.]
(1) In addition to any other amount of loss resulting from a violation of section 18-8607, 18-8608, 18-8609, or 18-8610, Idaho Code, the court shall order restitution, as applicable, including the greater of:
(a) The gross income or value to the defendant of the victim’s labor or services; or
(b) The value of the victim’s labor as guaranteed under the minimum wage and overtime provisions of the federal fair labor standards act.
(2) In addition to any order for restitution as provided in this section, the court shall order the defendant to pay an amount determined by the court to be necessary for the mental and physical rehabilitation of the victim or victims.
[(18-8604) 18-8504, added 2006, ch. 85, sec. 1, p. 250; am. and redesig. 2007, ch. 90, sec. 7, p. 250; am. 2024, ch. 147, sec. 24, p. 566.]
(1) The attorney general shall employ such attorneys, investigators, and other personnel as necessary to carry out the following responsibilities using funds allocated to the office of the attorney general for such purpose:
(a) To issue, by January 1 of each even-numbered year, a report outlining the status of the state’s efforts to combat human trafficking and recommending next steps one (1) or more bodies of state government should take to eradicate human trafficking in Idaho;
(b) To compile and maintain curriculum for the training of prosecutors, law enforcement, victim advocates, and the public on identifying, investigating, and prosecuting human trafficking; and
(c) To assist, upon request, county prosecuting attorneys and other law enforcement agencies in the investigation and prosecution of human trafficking.
(2) Any state or local law enforcement agency may submit the findings of a human trafficking investigation to the attorney general, who shall have authority, in his sole discretion, to investigate and prosecute human trafficking under this act.
[18-8605, added 2024, ch. 147, sec. 26, p. 566; am. 2026, ch. 15, sec. 1, p. 97.]
(1) Diversion of minor victim.
(a) When a minor is alleged to have committed any offense not listed in section 18-310(2), Idaho Code, a prosecutor shall divert the offense if the minor committed the offense as a direct and immediate result of being a victim of conduct prohibited by section 18-8607, 18-8608, 18-8609, or 18-8610, Idaho Code.
(b) If a minor has an offense diverted pursuant to paragraph (a) of this subsection, the minor shall be placed in a state-licensed residential facility, as defined in section 39-1202, Idaho Code, that provides a comprehensive rehabilitation program with access to:
(i) Comprehensive case management;
(ii) Integrated mental health and chemical dependency services, including specialized trauma recovery services;
(iii) Education and employment training services; and
(iv) Off-site specialized services, as appropriate.
(c) A diversion agreement under this subsection may extend for up to twelve (12) months.
(d) Diversion shall only be available pursuant to this section if the minor expresses a willingness to cooperate and receive specialized services. If the minor is unwilling to cooperate with specialized services, continuation of the diversion shall be at the discretion of the court.
(2) A person charged with any offense not identified in section 18-310(2), Idaho Code, committed as a direct and immediate result of being a victim of conduct prohibited by section 18-8607, 18-8608, 18-8609, or 18-8610, Idaho Code, may assert an affirmative defense that the person is a victim of such conduct.
[18-8606, added 2019, ch. 257, sec. 1, p. 767; am. 2024, ch. 147, sec. 27, p. 567.]
A person commits the felony of human sex trafficking if the person knowingly:
(1) Traffics another person and causes or attempts to cause, through force, fraud, or coercion, the trafficked person to engage in or become the victim of:
(a) Commercial sexual activity;
(b) A sexually explicit performance; or
(c) Conduct prohibited by:
(i) Section 18-5602 (procurement);
(ii) Section 18-5603 (receiving pay for procurement);
(iii) Section 18-5604 (paying for procurement);
(iv) Section 18-5605 (detention for commercial sexual activity);
(v) Section 18-5606 (receiving proceeds of illegal sexual activity);
(vi) Section 18-5608 (place of commercial sexual activity);
(vii) Section 18-5609 (inducing a child into commercial sexual activity);
(viii) Section 18-5610 (utilizing a child for commercial sexual activity);
(ix) Section 18-5611 (inducing a child to engage in commercial sexual activity);
(x) Section 18-5613 (providing commercial sexual activity); or
(xi) Section 18-5614 (soliciting commercial sexual activity);
(2) Engages in sexual contact with a person being trafficked in the manner described in subsection (1) of this section; or
(3) Receives any benefit from participating in a venture that involves an activity described in subsection (1) of this section.
[18-8607, added 2024, ch. 147, sec. 28, p. 567.]
A person who is eighteen (18) years of age or older commits the felony of human sex trafficking of a child if the person:
(1) Traffics a child and knowingly, by any means, causes or attempts to cause the trafficked person to engage in or become the victim of:
(a) Commercial sexual activity;
(b) A sexually explicit performance; or
(c) Conduct prohibited by:
(i) Section 18-924 (sexual battery);
(ii) Section 18-925 (aggravated sexual battery);
(iii) Section 18-6101 (rape);
(iv) Section 18-1506 (sexual abuse of a child under sixteen years);
(v) Section 18-1507 (sexual exploitation of a child);
(vi) Section 18-1507A (sexual exploitation of a child by electronic means);
(vii) Section 18-1508 (lewd conduct with a minor child under sixteen);
(viii) Section 18-1508A (sexual battery of a minor child sixteen or seventeen years of age);
(ix) Section 18-5602 (procurement);
(x) Section 18-5603 (receiving pay for procurement);
(xi) Section 18-5604 (paying for procurement);
(xii) Section 18-5605 (detention for commercial sexual activity);
(xiii) Section 18-5606 (receiving proceeds of illegal sexual activity);
(xiv) Section 18-5608 (place of commercial sexual activity);
(xv) Section 18-5609 (inducing a child into commercial sexual activity);
(xvi) Section 18-5610 (utilizing a child for commercial sexual activity);
(xvii) Section 18-5611 (inducing a child to engage in commercial sexual activity);
(xviii) Section 18-5613 (providing commercial sexual activity);
(xix) Section 18-5614 (soliciting commercial sexual activity);
(xx) Section 18-6601 (incest);
(xxi) Section 18-6602 (sexual abuse of an animal);
(xxii) Section 18-6603 (sexual abuse of human remains); or
(xxiii) Section 18-6604 (forcible penetration by use of a foreign object);
(2) Engages in sexual contact with a child being trafficked in the manner described in subsection (1) of this section; or
(3) Receives any benefit from participating in a venture knowing that the venture involves an activity described in subsection (1) of this section.
[18-8608, added 2024, ch. 147, sec. 29, p. 568; am. 2025, ch. 211, sec. 11, p. 977.]
A person commits the felony of human labor trafficking if the person knowingly:
(1) Traffics another person with the intent that the trafficked person engage in forced labor or services; or
(2) Receives any benefit from participating in a venture that involves an activity described in subsection (1) of this section, including by receiving labor or services the person knows are forced labor or services.
[18-8609, added 2024, ch. 147, sec. 30, p. 569.]
A person commits the felony of human labor trafficking of a child if the person knowingly:
(1) Traffics a child with the intent that the trafficked child engage in forced labor or services; or
(2) Receives any benefit from participating in a venture that involves an activity described in subsection (1) of this section, including by receiving labor or services the person knows are forced labor or services.
[18-8610, added 2024, ch. 147, sec. 31, p. 569.]
(1) Any person who is found guilty of, who enters a plea of guilty for, or who is convicted of a violation of section 18-8607, 18-8608, 18-8609, or 18-8610, Idaho Code, no matter the form of the judgment or order withholding judgment, shall forfeit to the state of Idaho:
(a) Any property constituting, or derived from, any proceeds the person obtained directly or indirectly as the result of such violation; and
(b) Any of the person’s property used, or intended to be used, in any manner or part to commit or to facilitate the commission of such violation.
(2) The court, in imposing a sentence on such person as described in subsection (1) of this section, shall order, in addition to any other sentence imposed, that the person forfeit to the state of Idaho all property described in this section. The provisions of this chapter shall not be construed in any manner to prevent the state of Idaho, the attorney general, or the appropriate prosecuting attorney from requesting restitution pursuant to section 19-5304, Idaho Code. The issue of criminal forfeiture shall be for the court alone, without submission to a jury, as a part of the sentencing procedure within the criminal action.
(3) With respect to property ordered forfeited under the provisions of this chapter, the attorney general or appropriate prosecuting attorney is authorized to:
(a) Restore forfeited property to victims of a violation of relevant provisions of this chapter or take any other action to protect the rights of innocent persons that is in the interest of justice and that is not inconsistent with the provisions of this chapter;
(b) Compromise claims arising under this chapter;
(c) Award compensation to persons providing information resulting in a forfeiture under this chapter; and
(d) Take appropriate measures necessary to safeguard and maintain property ordered forfeited under this chapter pending its disposition.
(4) Property subject to criminal forfeiture under this chapter includes:
(a) Real property, including things growing on, affixed to, or found on the land; and
(b) Tangible and intangible personal property, including rights, privileges, interests, claims, and securities.
[18-8611, added 2024, ch. 147, sec. 32, p. 569.]
Any peace officer of this state seizing property subject to forfeiture under the provisions of this chapter shall cause a written inventory to be made and shall maintain custody of the same until all legal actions have been exhausted. A copy of the inventory shall be sent, within five (5) days of the seizure, to the director of the Idaho state police. Upon completion of the forfeiture action, pursuant to this chapter, a final inventory shall be made that indicates the disposition of the seized property, and a copy of that inventory shall also be sent to the director of the Idaho state police.
[18-8612, added 2024, ch. 147, sec. 33, p. 570.]
(1) Property subject to criminal forfeiture under the provisions of this chapter shall not be ordered forfeited unless the attorney general or the appropriate prosecuting attorney has filed a separate allegation within the criminal proceeding seeking forfeiture of specific property as described in section 18-8611, Idaho Code. The attorney general or appropriate prosecuting attorney shall file, within fourteen (14) days of the filing of the criminal information or indictment, a separate part II forfeiture request and notice with the trial court.
(2) There shall be a rebuttable presumption that any property of a person subject to the provisions of section 18-8611, Idaho Code, is subject to forfeiture under this chapter if the state of Idaho establishes by a preponderance of the evidence that:
(a) The property was acquired by a person during the period of the violation of any section of this chapter for which criminal forfeiture may be ordered, pursuant to section 18-8611, Idaho Code, or within a reasonable time after such violation; and
(b) There was no likely source for such property other than the violation of any section of this chapter for which criminal forfeiture may be ordered, pursuant to section 18-8611, Idaho Code.
[18-8613, added 2024, ch. 147, sec. 34, p. 570.]
(1) Upon application of the state of Idaho, the court may enter a restraining order or injunction, require the execution of a satisfactory performance bond, or take any other action to preserve the availability of property described in section 18-8611, Idaho Code, for forfeiture under the provisions of this chapter upon the filing of an indictment or information charging a violation of any section of this chapter for which criminal forfeiture may be ordered, pursuant to section 18-8611, Idaho Code, and alleging that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under this chapter.
(2) The state may request the issuance of a warrant authorizing the seizure of property subject to forfeiture under this chapter in the same manner as provided for a search warrant. If the court determines that there is probable cause to believe that the property to be seized would, in the event of conviction, be subject to forfeiture and that an order under subsection (1) of this section may not be sufficient to assure the availability of the property for forfeiture, the court shall issue a warrant authorizing the seizure of such property by the appropriate law enforcement agency upon such terms and conditions as the court shall deem proper.
(3) The court may, upon application of the state of Idaho, enter such appropriate restraining orders or injunctions, require the execution of satisfactory performance bonds, appoint receivers, conservators, appraisers, accountants, or trustees, or take any other action to protect the interest of the state of Idaho in the property subject to forfeiture. Any income accruing to or derived from property subject to forfeiture under this chapter may be used to offset ordinary and necessary expenses related to the property that are required by law, or that are necessary to protect the interests of the state of Idaho or third parties.
[18-8614, added 2024, ch. 147, sec. 35, p. 571.]
Upon the filing of a part II forfeiture request pursuant to section 18-8613, Idaho Code, or in the event of seizure pursuant to a warrant of seizure, or upon entry of an order of forfeiture pursuant to section 18-8611, Idaho Code, the attorney general or appropriate prosecuting attorney shall, if appropriate, institute proceedings pursuant to section 18-8616 or 18-8617, Idaho Code, or both, within five (5) days of such event.
[18-8615, added 2024, ch. 147, sec. 36, p. 571.]
(1) Within five (5) days of any of the events specified in section 18-8615, Idaho Code, notice, including a copy of the request for forfeiture, shall be given to each co-owner or party in interest who has or claims any right, title, or interest in any such personal property according to one (1) of the following methods:
(a) Upon each co-owner of or party in interest in a titled motor vehicle, aircraft, or other conveyance, by mailing notice by certified mail to the address of each co-owner and party in interest as documented in the records of the appropriate department of state or federal government where records relating to such conveyances are maintained;
(b) Upon each secured party and assignee designated as such in any UCC-1 financing statement on file in an appropriate filing office covering any personal property sought to be forfeited, by mailing notice by certified mail to the secured party and the assignee, if any, at their respective addresses as shown on such financing statement; or
(c) Upon each co-owner or party in interest whose name and address is known, by mailing notice by registered mail to the last known address of such person.
(2) Within twenty (20) days after the mailing of the notice, the co-owner or party in interest may file a verified answer and claim to the property described in the notice.
(3) If a verified answer is filed within twenty (20) days after mailing of the notice, the forfeiture proceeding against all co-owners and parties in interest who have filed verified answers shall be set for hearing before the court without a jury on a day not less than sixty (60) days after the mailing of the notice, and the proceeding shall have priority over other civil cases.
(a) At the hearing, any co-owner or party in interest who has a verified answer on file may show by competent evidence that his interest in the titled motor vehicle, aircraft, or other conveyance is not subject to forfeiture because he could not have known in the exercise of reasonable diligence that the titled motor vehicle, aircraft, or other conveyance was being used, had been used, or was intended to be used for the purposes described in section 18-8611, Idaho Code.
(b) A co-owner or claimant of any right, title, or interest in the property may prove that his right, title, or interest, whether under a lien, mortgage, security agreement, conditional sales contract, or otherwise, was created without any knowledge or reason to believe that the property was being used, had been used, or was intended to be used for the purpose alleged.
(i) In the event of such proof, the court shall order that portion of the property or interest released to the bona fide or innocent co-owner, purchaser, lienholder, mortgagee, secured party, or conditional sales vendor.
(ii) If the amount due to such person is less than the value of the property, the property may be sold at public auction or in another commercially reasonable method by the attorney general or appropriate prosecuting attorney. If sold at public auction, the attorney general or appropriate prosecuting attorney shall publish a notice of the sale in at least one (1) publication in a newspaper published and circulated in the city, community, or locality where the sale is to take place at least one (1) week prior to sale of the property. The proceeds from such sale shall be distributed as follows in the order indicated:
To the bona fide or innocent co-owner, purchaser, conditional sales vendor, lienholder, mortgagee, or secured party of the property, if any, up to the value of his interest in the property; and
The balance, if any, in the following order:
(A) To the attorney general or appropriate prosecuting attorney for all expenditures made or incurred in connection with the sale, including expenditure for any necessary repairs, storage, or transportation of the property, and for all expenditures made or incurred by him in connection with the forfeiture proceedings, including but not limited to expenditures for witness fees, reporter fees, transcripts, printing, travel, and investigation;
(B) To the law enforcement agency of this state that seized the property for all expenditures for travel, investigation, storage, and other expenses made or incurred after the seizure and in connection with the forfeiture of any property seized under the provisions of this chapter; and
(C) The remainder, if any, to the crime victims compensation account as established in section 72-1009, Idaho Code.
(4) Notwithstanding any other provision of this section, upon being satisfied that the interest of a co-owner or claimant should not be subject to forfeiture because they neither knew nor should have known that the personal property was being used or had been used for the purposes alleged, or that due to preexisting security interests in such property there is no equity that may be forfeited, the attorney general or appropriate prosecuting attorney may release the property to the co-owner, holder of the security interest, or other claimant.
(5) In any case, the attorney general or appropriate prosecuting attorney may, within thirty (30) days after order of forfeiture, pay the balance due to the bona fide lienholder, mortgagee, secured party, or conditional sales vendor and thereby purchase the property for use to enforce this chapter.
[18-8616, added 2024, ch. 147, sec. 37, p. 571.]
(1) Real property subject to forfeiture under the provisions of this chapter may be seized by the attorney general or appropriate prosecuting attorney upon determining that a parcel of property is subject to forfeiture by filing a notice of seizure with the recorder of the county in which the property or any part thereof is situated. The notice must contain a legal description of the property sought to be forfeited; provided, however, that in the event the property sought to be forfeited is part of a greater parcel, the attorney general or appropriate prosecuting attorney may, for the purposes of the notice, use the legal description of the greater parcel. The attorney general or appropriate prosecuting attorney shall also send by certified mail a copy of the notice of seizure to any persons holding a recorded interest or of whose interest the attorney general or appropriate prosecuting attorney has actual knowledge. The attorney general or appropriate prosecuting attorney shall post a similar copy of the notice conspicuously on the property and publish a copy thereof once a week for three (3) consecutive weeks immediately following the seizure in a newspaper published in the county. The co-owner or party in lawful possession of the property sought to be forfeited may retain possession and use thereof and may collect and keep income from the property while the forfeiture proceedings are pending.
(2) In the event of a seizure pursuant to subsection (1) of this section, a request for forfeiture shall be filed with the trial court within the time limit imposed by section 18-8613, Idaho Code. The request shall be served in the same manner as complaints subject to Idaho rules of civil procedure on all persons having an interest in the real property sought to be forfeited.
(3) Notwithstanding any other provision of this section, upon being satisfied that the interest of a co-owner or claimant should not be subject to forfeiture because they neither knew nor should have known that the real property was being used or had been used for the purposes alleged, or that due to preexisting security interests in such property there is no equity that may be forfeited, the attorney general or appropriate prosecuting attorney may release the property to the co-owner, holder of the security interest, or other claimant.
(4) Within twenty (20) days of the mailing of the notice, the co-owner or party in interest may file a verified answer and claim to the property described in the notice.
(5) If a verified answer is filed within twenty (20) days after mailing of the notice, the forfeiture proceeding against all co-owners and parties in interest who have filed verified answers shall be set for hearing before the court without a jury on a day not less than sixty (60) days after the mailing of the notice, and the proceeding shall have priority over other civil cases.
(a) A co-owner or claimant of any right, title, or interest in the real property sought to be forfeited may prove that his right, title, or interest, whether under a lien, mortgage, deed of trust, or otherwise, was created without any knowledge or reason to believe that the real property was being used or had been used for the purposes alleged.
(b) Any co-owner who has a verified answer on file may show by competent evidence that his interest in the property sought to be forfeited is not subject to forfeiture because he could not have known in the exercise of reasonable diligence that the real property was being used or had been used in any manner in violation of the provisions of section 18-8611, Idaho Code.
(6) In the event of such proof, the court shall order the release of the interest of the co-owner, purchaser, lienholder, mortgagee, or beneficiary.
(a) If the amount due to such person is less than the value of the real property, the real property may be sold in a commercially reasonable manner by the attorney general or appropriate prosecuting attorney. The proceeds from such sale shall be distributed as follows in the order indicated:
(i) To the innocent co-owner, purchaser, mortgagee, or beneficiary of the real property, if any, up to the value of his interest in the real property; and
(ii) The balance, if any, in the following order:
To the attorney general or appropriate prosecuting attorney for all expenditures made or incurred in connection with the sale, including expenditure for any necessary repairs or maintenance of the real property, and for all expenditures made or incurred in connection with the forfeiture proceedings, including but not limited to expenditures for witness fees, reporter fees, transcripts, printing, travel, investigation, title company fees, and insurance premiums; and
The remainder, if any, to the crime victims compensation account as established in section 72-1009, Idaho Code.
(b) In any case, the attorney general or appropriate prosecuting attorney may, within thirty (30) days after the order of forfeiture, pay the balance due to the innocent co-owner, purchaser, lienholder, mortgagee, or beneficiary and thereby purchase the real property for use in the enforcement of this chapter.
[18-8617, added 2024, ch. 147, sec. 38, p. 573.]
In issuing any order under the provisions of this chapter, the court shall make a determination that the property, or a portion thereof in the case of real property, was actually used in violation of the relevant provisions of this chapter. The size of the property forfeited shall not be unfairly disproportionate to the size of the property actually used in violation of the provisions of this chapter.
[18-8618, added 2024, ch. 147, sec. 39, p. 575.]
Except as provided in sections 18-8616 and 18-8617, Idaho Code, no party claiming an interest in property subject to forfeiture under this section may:
(1) Intervene in a trial or appeal of a criminal case involving the forfeiture of such property under the provisions of this chapter; or
(2) Commence an action at law or equity against the state of Idaho concerning the validity of his alleged interest in the property subsequent to the filing of an indictment or information alleging that the property is subject to forfeiture under this chapter.
[18-8619, added 2024, ch. 147, sec. 40, p. 575.]
(1) The district courts of the state of Idaho shall have jurisdiction over:
(a) Property for which forfeiture is sought that is within the state at the time the action is filed; and
(b) The interest of a co-owner or interest holder in the property, if the co-owner or interest holder is subject to personal jurisdiction in this state.
(2) In order to facilitate the identification and location of property declared forfeited after the entry of an order declaring property forfeited to the state of Idaho, the court may, upon application of the state of Idaho, order that the testimony of any witness relating to the property forfeited be taken by deposition and that any designated book, paper, document, record, recording, or other material not privileged be produced at the same time and place, in the same manner as provided for the taking of depositions under rule 27 of the Idaho rules of civil procedure.
[18-8620, added 2024, ch. 147, sec. 41, p. 575.]
On the motion of a party and after notice to any persons who are known to have an interest in the property and an opportunity to be heard, the court may order property that has been seized for forfeiture sold, leased, rented, or operated to satisfy an interest of any interest holder who has timely filed a proper claim or to preserve the interests of any party. The court may order a sale or any other disposition of the property if the property may perish, waste, be foreclosed on, or otherwise be significantly reduced in value or if the expenses of maintaining the property are or will become greater than its fair market value. If the court orders a sale, the court shall designate a third party or state property manager to dispose of the property by public sale or other commercially reasonable method and shall distribute the proceeds in the following order of priority:
(1) Payment of reasonable expenses incurred in connection with the sale;
(2) Satisfaction of exempt interests in the order of their priority; and
(3) Preservation of the balance, if any, in the actual or constructive custody of the court in an interest-bearing account, subject to further proceedings under the provisions of this chapter. When property is forfeited under this chapter, the attorney general or appropriate prosecuting attorney may:
(a) Retain it for official use; or
(b) Sell it if it is not required to be destroyed by law and is not harmful to the public, pursuant to section 18-8616 or 18-8617, Idaho Code.
[18-8621, added 2024, ch. 147, sec. 42, p. 576.]
If any of the property described in section 18-8611, Idaho Code, as a result of any act or omission of the defendant: (1) cannot be located upon the exercise of due diligence; (2) has been transferred or sold to, or deposited with, a third party; (3) has been placed beyond the jurisdiction of the court; (4) has been substantially diminished in value; or (5) has been commingled with other property that cannot be divided without difficulty, then the court shall order the forfeiture of any other property of the defendant up to the value of any property described in section 18-8611, Idaho Code.
[18-8622, added 2024, ch. 147, sec. 43, p. 576.]
This chapter shall be known and may be cited as the "No Public Funds for Abortion Act."
[18-8701, added 2021, ch. 334, sec. 1, p. 1015.]
As used in this chapter:
(1) "Abortion" means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to 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. Such use, prescription, or means is not an abortion if done with the intent to save the life or preserve the health of the unborn child, remove a dead unborn child caused by spontaneous abortion, or remove an ectopic pregnancy.
(2) "Affiliate" means an organization that owns or controls or is owned or controlled, in whole or in part, by the other; is related by shareholdings or other means of control; or is a subsidiary, parent, or sibling corporation.
(3) "Facility" or "health care facility" means any public or private hospital, clinic, center, medical school, medical training institution, health care facility, physician’s office, infirmary, dispensary, ambulatory surgical treatment center, or other institution or location wherein health care is provided to any person.
(4) "Health care provider" means any person or individual who may be or is asked to participate in any way in any health care service. This includes but is not limited to doctors, nurse practitioners, physician assistants, nurses, nurses’ aides, allied health professionals, medical assistants, hospital employees, clinic employees, nursing home employees, pharmacists, pharmacy technicians and employees, medical school faculty and students, nursing school faculty and students, psychology and counseling faculty and students, medical researchers, laboratory technicians, counselors, social workers, or any other person who facilitates or participates in the provision of health care services to any person.
(5) "Public funds" means the funds of every political subdivision of the state wherein taxes are levied or fees are collected for any purpose and also refers to:
(a) The revenue or money of a government, state, or municipal corporation;
(b) The bonds, stocks, or other securities of a national or state government; and
(c) Government spending for acquisition of goods and services for current use to directly satisfy individual or collective needs of the members of the community.
[18-8702, added 2021, ch. 334, sec. 1, p. 1015.]
(1) The state, a county, a city, a public health district, a public school district, or any local political subdivision thereof may not enter into any contract or commercial transaction with an abortion provider or an affiliate of an abortion provider.
(2) Subsection (1) of this section shall not apply to:
(a) A contract or commercial transaction that is subject to a federal law related to medicaid; or
(b) A hospital, as defined in section 39-1301, Idaho Code.
[18-8703, added 2021, ch. 334, sec. 1, p. 1016.]
(1) No health care facility owned or operated by the state, a county, a city, a public health district, a public school district, or any political subdivision or agency thereof shall enter into any contract or commercial transaction with any health care provider or health care facility under the terms of which such health care provider or health care facility agrees to provide, perform, or induce an abortion, except when the life of the mother is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.
(2) Subsection (1) of this section shall not apply to:
(a) A contract or commercial transaction that is subject to a federal law related to medicaid; or
(b) A hospital, as defined in section 39-1301, Idaho Code.
[18-8704, added 2021, ch. 334, sec. 1, p. 1016.]
(1) No public funds made available by the state, a county, a city, a public health district, a public school district, or any local political subdivision or agency thereof and distributed by any institution, board, commission, department, agency, official, or employee of the state, a county, a city, a public health district, a public school district, or any local political subdivision or agency thereof shall be used in any way to provide, perform, or induce an abortion; assist in the provision or performance of an abortion; promote abortion; counsel in favor of abortion; refer for abortion; or provide facilities for an abortion or for training to provide or perform an abortion.
(2) No person, agency, organization, or any other party that receives funds authorized by the state, a county, a city, a public health district, a public school district, or any local political subdivision or agency thereof may use those funds to perform or promote abortion, provide counseling in favor of abortion, make referral for abortion, or provide facilities for abortion or for training to provide or perform abortion.
(3) No fund or committee authorized by Idaho Code for the special protection of women or children shall be authorized to use or distribute public funds for payment for abortion, abortion referrals, abortion counseling, or abortion-related medical or social services.
(4) The provisions of subsections (1), (2), and (3) of this section shall not apply to:
(a) An abortion performed when the life of the mother is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself;
(b) A hospital, as defined in section 39-1301, Idaho Code; or
(c) A contract or commercial transaction that is subject to a federal law related to medicaid.
[18-8705, added 2021, ch. 334, sec. 1, p. 1016.]
No part of any tuition or fees paid to a public institution of higher education shall be used in any way to pay for an abortion, provide or perform an abortion, provide counseling in favor of abortion, make a referral for abortion, or provide facilities for an abortion or for training to provide or perform abortion.
[18-8706, added 2021, ch. 334, sec. 1, p. 1017.]
(1) No facility operated at a public institution of higher education or operated by a public school district shall provide any of the following services to any person:
(a) Providing or performing an abortion;
(b) Counseling in favor of abortion;
(c) Referring for abortion; or
(d) Dispensing a drug classified as emergency contraception by the food and drug administration (FDA), except in the case of rape as defined in section 18-6101, Idaho Code.
(2) No employee of a public institution of higher education or a public school, acting within the scope of such person’s employment, shall provide any of the following services to any person:
(a) Providing or performing an abortion;
(b) Counseling in favor of abortion;
(c) Referring for abortion; or
(d) Dispensing a drug classified as emergency contraception by the FDA, except in the case of rape as defined in section 18-6101, Idaho Code.
(3) The state department of education, state board of education, and other state agencies and local units of administration are prohibited from using state funds to provide or procure an abortion or distribute drugs classified as emergency contraception by the FDA, except in the case of rape as defined in section 18-6101, Idaho Code.
(4) No public school district shall allow any individual or organization that is a provider of abortion to furnish any materials or instruction relating to sex education curricula.
[18-8707, added 2021, ch. 334, sec. 1, p. 1017; am. 2024, ch. 177, sec. 1, p. 663.]
(1) No public institution, public facility, public equipment, or other physical asset owned, leased, or controlled by this state, a county, a city, a public health district, a public school district, or any local political subdivision or agency thereof shall be used for the purpose of providing, performing, or participating in an abortion.
(2) No public institution or facility shall lease, sell, or permit the subleasing of its facilities or property to any physician or health care facility for use in the provision or performance of abortion.
(3) The provisions of subsections (1) and (2) of this section shall not apply to:
(a) An abortion performed when the life of the mother is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself;
(b) A hospital, as defined in section 39-1301, Idaho Code; or
(c) A contract or commercial transaction that is subject to a federal law related to medicaid.
[18-8708, added 2021, ch. 334, sec. 1, p. 1017.]
Any intentional violation of the provisions of this chapter by a public officer or public employee shall be considered a misuse of public moneys punishable under section 18-5702, Idaho Code.
[18-8709, added 2021, ch. 334, sec. 1, p. 1018.]
Nothing in this chapter shall be construed as creating or recognizing a right to abortion. Nothing in this chapter shall be construed as creating or recognizing a right to federal or state funds for abortion.
[18-8710, added 2021, ch. 334, sec. 1, p. 1018.]
Any provision of this chapter held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless such holding shall be one of utter invalidity or unenforceability, in which event such provision shall be deemed severable herefrom and shall not affect the remainder hereof or the application of such provision to other persons not similarly situated or to other dissimilar circumstances.
[18-8711, added 2021, ch. 334, sec. 1, p. 1018.]
As used in this chapter:
(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 preborn child. "Abortion" does 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) "Fetal heartbeat" means embryonic or fetal cardiac activity or the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac.
(3) "Fetus" and "preborn child" each mean an individual organism of the species Homo sapiens from fertilization until live birth.
(4) "Gestational age" means the age of a preborn human individual as calculated from the first day of the last menstrual period of a pregnant woman.
(5) "Medical emergency" means a condition that, in reasonable medical 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.
[(18-8801) 18-8701, added 2021, ch. 289, sec. 1, p. 867; am. and redesig. 2022, ch. 111, sec. 10, p. 372; am. and redesig. 2022, ch. 152, sec. 1, p. 532.]
The legislature finds and declares that:
(1) The life of each human being begins at fertilization, and preborn children have interests in life, health, and well-being that should be protected.
(2) The cardiopulmonary definition of death, which is the reigning common law standard for determining death, is defined as the "irreversible cessation of circulatory and respiratory functions." This cardiopulmonary definition of death was included in the uniform determination of death act, a model law that was adopted by numerous medical and ethics organizations, including the national conference of commissioners on uniform state laws, the American medical association, and almost all states in the United States.
(3) Legal standards and the medical community at large both affirm that a consistent human heartbeat, independent of life support, is a core determining factor in establishing the legal presence of human life in a full range of circumstances, for old and young alike.
(4) The heartbeat of a preborn child begins at a biologically identifiable moment in time that can be detected and imaged by medical equipment.
(5) A detectable fetal heartbeat and its characteristics is a key medical predictor in whether a preborn child will reach live birth.
(6) The fetal heartbeat, when detected, presents a clearly identifiable point at which the preborn child in the womb has a greater than ninety-five percent (95%) chance of survival when carried to term.
(7) The presence of a human heartbeat is a more reliable indicator of life than the medically uncertain concept of "viability" and whether that preborn child is "potentially able to live outside the mother’s womb."
(8) Therefore, the state of Idaho has a compelling interest in protecting the life of a preborn child at all stages of its development, including after the preborn child has a detectable heartbeat, which signals rhythmically and without pause the presence of a precious and unique life, one that is independent and distinct from the mother’s and one that is also worthy of our utmost protection.
[(18-8802) 18-8702, added 2021, ch. 289, sec. 1, p. 867; am. and redesig. 2022, ch. 111, sec. 10, p. 372; am. and redesig. 2022, ch. 152, sec. 2, p. 533.]
Any person who intends to perform or induce an abortion on a pregnant woman must determine if there is the presence of any fetal heartbeat, except in the case of a medical emergency. In testing for any fetal heartbeat, the person conducting the physical examination on the pregnant woman must determine in his reasonable medical judgment and according to standard medical practice whether or not any fetal heartbeat is present. The person who determines the presence or absence of any fetal heartbeat must record in the pregnant woman’s medical record the estimated gestational age of the preborn human individual or individuals, the method used to test for the fetal heartbeat, the date and time of the test, and the results of the test.
[(18-8803) 18-8703, added 2021, ch. 289, sec. 1, p. 868; am. and redesig. 2022, ch. 111, sec. 10, p. 373; am. and redesig. 2022, ch. 153, sec. 2, p. 536.]
(1) A person may not perform an abortion on a pregnant woman when a fetal heartbeat has been detected, except in the case of a medical emergency, in the case of rape as defined in section 18-6101, Idaho Code, or in the case of incest as described in section 18-6601, Idaho Code. In the case of rape or incest:
(a) If the woman is not a minor or subject to guardianship, then, prior to the performance of the abortion, the woman has reported the act of rape or incest to a law enforcement agency and provided a copy of such report to the physician who is to perform the abortion; or
(b) If the woman is a minor or subject to guardianship, then, prior to the performance of the abortion, the woman or her parent or guardian has reported the act of rape or incest to a law enforcement agency or child protective services and a copy of such report have been provided to the physician who is to perform the abortion.
(2) Nothing in this section recognizes a right to abortion before a fetal heartbeat is detected.
[(18-8804) 18-8704, added 2021, ch. 289, sec. 1, p. 868; am. and redesig. 2022, ch. 111, sec. 10, p. 373; am. and redesig. 2022, ch. 124, sec. 19, p. 452; am. and redesig. 2022, ch. 152, sec. 3, p. 533.]
(1) This section shall become effective thirty (30) days following the issuance of the judgment in any United States appellate court case in which the appellate court upholds a restriction or ban on abortion for a preborn child because a detectable heartbeat is present on the grounds that such restriction or ban does not violate the United States constitution.
(2) Every licensed health care professional who knowingly or recklessly performs or induces an abortion in violation of this chapter commits the crime of criminal abortion. Criminal abortion shall be a felony punishable by a sentence of imprisonment of no less than two (2) years and no more than five (5) years in prison.
(3) The professional license of any health care professional who performs or induces an abortion or who assists in performing or inducing an abortion in violation of this chapter shall be suspended by the appropriate licensing board for a minimum of six (6) months upon a first offense and shall be permanently revoked upon a subsequent offense.
(4) Nothing in this section shall be construed to conflict with the effectiveness of section 18-622, Idaho Code, following the occurrence of the circumstances described in that section. In the event both this section and section 18-622, Idaho Code, are enforceable, section 18-622, Idaho Code, shall supersede this section.
[(18-8805) 18-8705, added 2021, ch. 289, sec. 1, p. 868; am. and redesig. 2022, ch. 111, sec. 10, p. 373; am. and redesig. 2022, ch. 152, sec. 4, p. 534, effective August 19, 2022.]
(1) Any female upon whom an abortion has been attempted or performed, the father of the preborn child, a grandparent of the preborn child, a sibling of the preborn child, or an aunt or uncle of the preborn child may maintain an action for:
(a) All damages from the medical professionals who knowingly or recklessly attempted, performed, or induced the abortion in violation of this chapter;
(b) Notwithstanding any other provision of law, statutory damages in an amount not less than twenty thousand dollars ($20,000) from the medical professionals who knowingly or recklessly attempted, performed, or induced an abortion in violation of this chapter; and
(c) Costs and attorney’s fees.
(2) Notwithstanding any other provision of law, a person may bring an action under this section not later than four (4) years following the date the cause of action accrues.
(3) No later than sixty (60) days after a defendant is served with a complaint or other pleading that asserts a cause of action under this section, or at a later time on a showing of good cause, the defendant may file a special motion for expedited dismissal regarding the cause of action.
(4)(a) Except as otherwise provided in paragraphs (d) through (g) of this subsection, upon the filing of a motion pursuant to subsection (3) of this section, all other proceedings between the plaintiff and the defendant, including discovery and a pending hearing or motion, shall be stayed.
(b) A stay issued pursuant to paragraph (a) of this subsection shall remain in effect until entry of an order ruling on the motion pursuant to subsection (3) of this section or expiration of the time for the moving party to appeal the order pursuant to subsection (9) of this section, per applicable court rule.
(c) Except as otherwise provided in paragraphs (e), (f), and (g) of this subsection, if a party appeals an order ruling on a motion pursuant to subsection (3) of this section, all proceedings between all parties in the action shall be stayed. The stay shall remain in effect until the conclusion of the appeal.
(d) During a stay issued pursuant to paragraph (a) of this subsection, the court may allow limited discovery if a party shows that specific information is necessary to establish whether a party has satisfied or failed to satisfy a burden pursuant to subsection (7) of this section and the information is not reasonably available unless discovery is allowed.
(e) A motion pursuant to subsection (10) of this section for costs, attorney’s fees, and expenses shall not be subject to a stay pursuant to this subsection.
(f) A stay issued pursuant to the provisions of this subsection shall not affect a party’s ability to voluntarily dismiss a cause of action or part of a cause of action.
(g) During a stay issued pursuant to the provisions of this subsection, the court for good cause may hear and rule on a motion unrelated to the motion pursuant to subsection (3) of this section.
(5)(a) The court shall hear a motion pursuant to subsection (3) of this section no later than sixty (60) days after filing of the motion, unless the court orders a later hearing:
(i) To allow discovery pursuant to subsection (4)(d) of this section; or
(ii) For other good cause.
(b) If the court orders a later hearing pursuant to paragraph (a) of this subsection, the court shall hear the motion pursuant to subsection (4) of this section no later than sixty (60) days after the court order allowing the discovery, unless the court orders a later hearing pursuant to paragraph (a)(ii) of this subsection.
(6) In ruling on a motion pursuant to subsection (3) of this section, the court shall consider the pleadings, the motion, any reply or response to the motion, and any evidence that could be considered in ruling on a motion for summary judgment pursuant to applicable court rule.
(7)(a) In ruling on a motion pursuant to subsection (3) of this section, the court shall dismiss with prejudice a cause of action or part of a cause of action if:
(i) The responding party fails to establish a prima facie case as to each essential element of the cause of action; or
(ii) The moving party establishes that the responding party failed to state a cause of action upon which relief can be granted.
(b) A voluntary dismissal with or without prejudice of a responding party’s cause of action or part of a cause of action that is the subject of a motion pursuant to subsection (3) of this section shall not affect a moving party’s right to obtain a ruling on the motion and to seek costs, attorney’s fees, and expenses pursuant to subsection (10) of this section.
(8) The court shall rule on a motion pursuant to subsection (3) of this section no later than sixty (60) days after a hearing held pursuant to subsection (5) of this section.
(9) A moving party may appeal as a matter of right from an order denying, in whole or in part, a motion pursuant to subsection (3) of this section. The appeal shall be filed within forty-two (42) days after entry of the order pursuant to applicable court rule.
(10) Upon a motion pursuant to subsection (3) of this section, the court shall award court costs, reasonable attorney’s fees, and reasonable litigation expenses incurred in pursuing or responding to the motion to the prevailing party.
(11) Except as provided in subsection (10) of this section and notwithstanding any other provision of law, including chapter 1, title 12, Idaho Code, a court may not award costs or attorney’s fees to a defendant in an action brought under this section unless the defendant has complied with the applicable requirements of sections 18-8803 and 18-8804, Idaho Code.
(12) The civil causes of action provided for in this section exist independently of any criminal action commenced pursuant to this chapter. A civil cause of action may be pursued under the provisions of this chapter even if a criminal prosecution is not pursued.
(13) Notwithstanding any other provision of law, including chapters 14, 17, and 18, title 54, Idaho Code, the requirements of this section shall be enforced exclusively through the private civil causes of action described. No enforcement of this section may be taken or threatened against any person by this state, a political subdivision of this state, a prosecuting attorney, or an executive or administrative officer or employee of this state or a political subdivision of this state.
(14) Notwithstanding any other provision of law, this state, a state official, or a prosecuting attorney may not intervene in an action brought under this section. Nothing in this subsection shall prohibit a person described in this subsection from filing an amicus curiae brief in the action.
(15) Nothing in this section shall be deemed to affect any familial rights or responsibilities or any proceedings conducted under Idaho law.
(16) In an action brought under this section, a court may not award compensatory or punitive damages if a person demonstrates that the person paid, or has been ordered to pay, compensatory or punitive damages, respectively, in a previous civil action for that particular violation of this chapter.
(17) Notwithstanding any other law to the contrary, a civil action may not be brought under this section by a person who, through an act of rape, sexual assault, incest, or other criminal conduct, impregnated the pregnant woman seeking an abortion in violation of this chapter.
(18) Notwithstanding any other law to the contrary, the following shall not be defenses to an action brought under this section:
(a) That the pregnant woman or, if the pregnant woman is a minor, a parent or guardian consented to an unlawful abortion;
(b) Ignorance or mistake of law;
(c) A person’s belief that any provision of this section is or was unconstitutional;
(d) A person’s reliance on a state or federal court decision that is not binding on the court in which the action has been brought;
(e) Non-mutual issue preclusion or non-mutual claim preclusion;
(f) Contributory or comparative negligence;
(g) Assumption of risk; or
(h) A claim that an action brought under this section will violate a constitutional right of a third party.
(19) Except as provided in subsection (10) of this section and notwithstanding any other law to the contrary, a court may:
(a) Not award attorney’s fees or costs to a person subject to an action brought under this section, unless the action is frivolous, without foundation, or brought in bad faith or for the sole reason for delay;
(b) Not award attorney’s fees or costs to a person who prevails in challenging the constitutionality of this section under state law, unless the defense of this section is frivolous, without foundation, or brought in bad faith or for the sole reason for delay; and
(c) Award attorney’s fees or costs to a person who prevails in defending the constitutionality of this section under state law, even though the challenge to the constitutionality of this section was not frivolous, without foundation, or brought in bad faith or for the sole reason for delay.
(20) The provisions of this section shall not be construed to impose liability on speech or conduct protected by the first amendment of the United States constitution or by section 9, article I of the constitution of the state of Idaho.
[(18-8807) 18-8707, added 2021, ch. 289, sec. 1, p. 869; am. and redesig. 2022, ch. 111, sec. 10, p. 374; am. and redesig. 2022, ch. 152, sec. 6, p. 534; am. 2022, ch. 153, sec. 1, p. 535; am. 2023, ch. 218, sec. 4, p. 608; am. 2023, ch. 310, sec. 2, p. 948; am. 2025, ch. 307, sec. 1, p. 1302.]
The provisions of this chapter are hereby declared to be severable, and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration does not affect the validity of the remaining portions of this chapter. Any invalidity or potential invalidity of the provisions of this chapter does not impair the immediate and continuing enforceability of the remaining provisions. The provisions of this chapter do not have the effect of repealing or limiting any other laws of this state, except as specified by this chapter.
[(18-8808) 18-8708, added 2021, ch. 289, sec. 1, p. 869; am. and redesig. 2022, ch. 111, sec. 10, p. 374.]
(1) For the purposes of this section, "exempted surgical operations or medical interventions" means a surgical operation or medical intervention that is:
(a) Necessary to the health of the person on whom it is performed and is performed by a person licensed in the place of its performance as a medical practitioner, except that a surgical operation or medical intervention is never necessary to the health of the minor or adult on whom it is performed if it is for the purpose of altering the appearance of an individual in order to affirm the individual’s perception of the individual’s sex in a way that is inconsistent with the individual’s biological sex;
(b) For the treatment of any infection, injury, disease, or disorder that has been caused or exacerbated by the performance of gender transition procedures, whether or not the procedures were performed in accordance with state and federal law; or
(c) Performed in accordance with the good faith medical decision of a parent or guardian of a child or an adult born with a medically verifiable genetic disorder of sex development, including:
(i) A person with external biological sex characteristics that are ambiguous and irresolvable, such as a person born having 46, XX chromosomes with virilization, 46, XY chromosomes with undervirilization, or with both ovarian and testicular tissue; or
(ii) When a physician has otherwise diagnosed a disorder of sexual development in which the physician has determined through genetic testing that the minor or adult does not have the normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action for a male or female.
(2) Public funds shall not be used, granted, paid, or distributed to any entity, organization, or individual for the provision or subsidy of any surgical operation or medical intervention described in section 18-1506C(3), Idaho Code, for purposes of altering the appearance of an individual in order to affirm the individual’s perception of the individual’s sex in a way that is inconsistent with the individual’s biological sex regardless of whether the surgical operation or medical intervention is administered to a minor or an adult, except for exempted surgical operations or medical interventions.
(3) Any amount paid by an entity, organization, or individual during a taxable year for the provision of surgical operations or medical interventions described in section 18-1506C(3), Idaho Code, for purposes of altering the appearance of an individual in order to affirm the individual’s perception of the individual’s sex in a way that is inconsistent with the individual’s biological sex regardless of whether the surgical operation or medical intervention is administered to a minor or an adult shall not be tax-deductible, except exempted surgical operations or medical interventions.
(4) The Idaho medicaid program shall not reimburse or provide coverage for the use of the surgical operations or medical interventions described in section 18-1506C(3), Idaho Code, for purposes of altering the appearance of an individual in order to affirm the individual’s perception of the individual’s sex in a way that is inconsistent with the individual’s biological sex regardless of whether the surgical operation or medical intervention is administered to a minor or an adult, except exempted surgical operations or medical interventions.
(5) No physician or other health care professional in the course and scope of employment by the state or a county or local government may provide the surgical operations or medical interventions described in section 18-1506C(3), Idaho Code, for purposes of altering the appearance of an individual in order to affirm the individual’s perception of the individual’s sex in a way that is inconsistent with the individual’s biological sex regardless of whether the surgical operation or medical intervention is administered to a minor or an adult, except exempted surgical operations or medical interventions.
(6) No state property, facility, or building may be used to provide the surgical operations or medical interventions described in section 18-1506C(3), Idaho Code, for purposes of altering the appearance of an individual in order to affirm the individual’s perception of the individual’s sex in a way that is inconsistent with the individual’s biological sex regardless of whether the surgical operation or medical intervention is administered to a minor or an adult, except exempted surgical operations or medical interventions.
(7) Any intentional violation of the provisions of this chapter by a public officer or public employee shall be considered a misuse of public moneys punishable pursuant to section 18-5702, Idaho Code.
[18-8901, added 2024, ch. 209, sec. 2, p. 745.]
This chapter shall be known and may be cited as the "Immigration Cooperation and Enforcement Act."
[18-9001, added 2025, ch. 183, sec. 1, p. 857.]
As used in this chapter:
(1) "Alien" has the meaning assigned by 8 U.S.C. 1101, as that provision existed on January 1, 2023.
(2) "Custodial authority" means the director of the department of correction, county sheriffs, city chiefs of police, and any of their subordinates with the power to confine or detain a person under color of law.
(3) "Dangerous crime" means any felony crime as described in Idaho Code or in similar state or federal code, any offense for which an extended term of imprisonment may be imposed pursuant to section 19-2520B, Idaho Code, or any offense requiring sex offender registration as set forth in section 18-8304, Idaho Code.
(4) "Dangerous illegal alien" means an illegal alien who has previously been convicted or found guilty, by judgment or withheld judgment, of a dangerous crime in this state or in any other state or nation.
(5) "DHS" means the United States department of homeland security and its subordinate agencies and divisions.
(6) "Illegal alien" means a person eighteen (18) years of age or older who is verified by the federal government to be present in the United States in violation of the federal immigration and nationality act, 8 U.S.C., and federal rules promulgated in accordance therewith.
(7) "Immigration detainer" means a notice or other documentation issued by United States immigration and customs enforcement requesting that a custodial authority or law enforcement official maintain temporary custody of an illegal alien, including a DHS form I-247 document or a similar successor form.
(8) "Law enforcement official" means all state, county, and local law enforcement officers, prosecuting attorneys, and city attorneys.
(9) "Port of entry" means a port of entry in the United States pursuant to 19 CFR 101.
(10) "Violation of 8 U.S.C. 1324(a)(1) or 8 U.S.C. 1324(a)(2)" means a conviction in federal court of violating 8 U.S.C. 1324(a)(1) or 8 U.S.C. 1324(a)(2) or, in the absence of a charge or conviction, committing acts that would be a violation of 8 U.S.C. 1324(a)(1) or 8 U.S.C. 1324(a)(2).
[18-9002, added 2025, ch. 183, sec. 1, p. 857; am. 2026, ch. 165, sec. 1, p. 724.]
(1) A person who is an alien and is eighteen (18) years of age or older commits an offense if the person knowingly enters or attempts to enter this state or is at any time present in this state after having entered the United States in violation of 8 U.S.C. 1324(a)(1) or 8 U.S.C. 1324(a)(2).
(2) A violation of this section shall be a misdemeanor upon a first conviction. A second or subsequent conviction shall be a felony.
(3) Law enforcement officers may enforce the provisions of this section only when a person is detained or investigated for suspected commission of an independent crime under title 18, Idaho Code, excluding this chapter, or under chapter 27, title 37, Idaho Code.
(4) It shall be an affirmative defense to prosecution under this section that:
(a) The federal government has affirmatively granted the defendant permission to remain in the United States under a provision of the immigration and nationality act or other federal statute; or
(b) The defendant was not investigated for, charged with, or convicted of committing the independent crime for which the defendant was detained or investigated pursuant to subsection (3) of this section.
(5) Notwithstanding any other provision of law to the contrary, a defendant shall not be eligible for deferred adjudication or a withheld judgment if the defendant is charged with or convicted of an offense pursuant to this section.
[18-9003, added 2025, ch. 183, sec. 1, p. 857; am. 2026, ch. 165, sec. 2, p. 724.]
(1) A person who is an alien commits an offense if the person enters, attempts to enter, or is at any time found in this state after the person:
(a) Has been denied admission to or excluded, deported, or removed from the United States; or
(b) Has departed from the United States while an order of exclusion, deportation, or removal is outstanding.
(2) A violation of this section shall be a misdemeanor, except that the violation shall be a felony if:
(a) The defendant’s removal was subsequent to a conviction for commission of two (2) or more misdemeanors involving drugs, crimes against a person, or both;
(b) The defendant was excluded pursuant to 8 U.S.C. 1225(c) because the defendant was excludable under 8 U.S.C. 1182(a)(3)(B);
(c) The defendant was removed pursuant to the provisions of 8 U.S.C. chapter 12, subchapter V; or
(d) The defendant was removed pursuant to 8 U.S.C. 1231(a)(4)(B).
(3) For purposes of this section, "removal" includes any agreement in which an alien stipulates to removal pursuant to a criminal proceeding pursuant to either federal or state law.
(4) Law enforcement officers may enforce the provisions of this section only when a person is detained or investigated for suspected commission of an independent crime under title 18, Idaho Code, excluding this chapter, or under chapter 27, title 37, Idaho Code.
(5) It shall be an affirmative defense to prosecution under this section that:
(a) The defendant was not investigated for, charged with, or convicted of committing the independent crime for which the defendant was detained or investigated pursuant to subsection (4) of this section;
(b) The attorney general of the United States or the secretary of the United States department of homeland security has expressly consented to the defendant’s entry into, reentry into, or presence in the United States; or
(c) The federal government has affirmatively granted the defendant permission to remain in the United States under a provision of the immigration and nationality act or other federal statute.
(6) Notwithstanding any other provision of law to the contrary, a defendant shall not be eligible for deferred adjudication or withheld judgment if the defendant is charged with or convicted of an offense pursuant to this section.
[18-9004, added 2025, ch. 183, sec. 1, p. 858; am. 2026, ch. 165, sec. 3, p. 725.]
(1) To the extent authorized by federal law, law enforcement officials shall be authorized to send, receive, and maintain information relating to the immigration status of illegal aliens for public safety purposes. Except as provided by federal law, law enforcement officials shall not be prohibited from receiving or maintaining information relating to the immigration status of any illegal alien or sending or exchanging such information with other federal, state, or local law enforcement agencies for official public safety purposes.
(2) Law enforcement officials shall not be prohibited from entering into memorandums of understanding, agreements, and memorandums of agreement with the United States department of justice, DHS, or any other federal law enforcement agency for the purpose of enforcing federal immigration laws, including section 287(g) of the federal illegal immigration reform and immigrant responsibility act of 1996, P.L. 104-208, or a similar federal program.
(3) Except as provided by federal law, no law enforcement official shall be prohibited from utilizing available federal resources, including databases, equipment, grant funds, training, or participation in incentive programs, for any public safety purpose related to the enforcement of federal immigration laws as against illegal aliens.
(4) Where a custodial authority has custody of a person in a correctional facility, state rehabilitation center, penitentiary, prison, county jail, or city jail, and the person is subject to an immigration detainer or other federal warrant, the custodial authority shall comply with, honor, and fulfill any reasonable request made in the immigration detainer or warrant as long as any term of state-ordered confinement has been satisfied and it does not impose undue burden, risk, or expense on the custodial authority or law enforcement officials and shall inform the person identified in the immigration detainer or warrant that the person is being held pursuant to such immigration detainer or warrant.
[18-9005, added 2025, ch. 183, sec. 1, p. 859.]
(1) The crime of trafficking a dangerous illegal alien is committed when a person knowingly and willfully transports into this state a dangerous illegal alien that the person knows, or reasonably should know, is a dangerous illegal alien.
(2) A person commits a separate offense for each individual transported into this state in violation of the provisions of this section.
(3) Whoever commits the crime of trafficking a dangerous illegal alien shall be guilty of a felony and imprisoned for not less than one (1) year and not more than two (2) years, fined not more than ten thousand dollars ($10,000), or both.
(4) The provisions of this section shall not apply if the defendant is a necessary witness to or victim of a crime of domestic violence, rape, sexual exploitation, sexual assault, murder, manslaughter, assault, battery, human trafficking, kidnapping, false imprisonment, involuntary servitude, fraud in foreign labor contracting, blackmail, extortion, or witness tampering where the referenced crime occurred during the defendant’s act of transporting the dangerous illegal alien.
[18-9006, added 2025, ch. 183, sec. 1, p. 859.]
Any person eighteen (18) years of age or older who is found guilty of or pleads guilty to any dangerous crime shall be sentenced to a mandatory minimum term of confinement to the custody of the state board of correction for a period of not less than five (5) years if it is found by the trier of fact that previous to the commission of such dangerous crime the defendant has been deported or is under order of removal or deportation pursuant to federal authority.
[18-9007, added 2025, ch. 183, sec. 1, p. 859.]
(1) Following an arrest for a criminal offense, the custodial authority shall determine as part of the booking process if the person may be a foreign national. If it is determined that the person is a foreign national, then the custodial authority shall notify DHS of the identity of the person so confined and the place of confinement. Such notification shall be provided within forty-eight (48) hours of the person being placed in confinement.
(2) A person’s status as a foreign national shall be considered suspect if the person cannot provide:
(a) A valid Idaho driver’s license;
(b) A valid Idaho identification card;
(c) A valid United States passport;
(d) Any valid driver’s license or identification card issued by a state or district or territory of the United States, provided the issuing authority limits issuance of the foregoing to persons who demonstrate lawful presence in the United States;
(e) Any valid identification card issued by the United States, including those issued by the department of defense, provided the issuing authority limits issuance of the foregoing to persons who demonstrate lawful presence in the United States; or
(f) Any other information sufficiently reliable to demonstrate the identity of the confined person and the person’s lawful presence in the United States.
[18-9008, added 2025, ch. 183, sec. 1, p. 860.]
Following entry of a judgment of conviction for a criminal offense, no person eighteen (18) years of age or older that is known to be an illegal alien shall be released from confinement in any correctional facility, state rehabilitation center, penitentiary, prison, county jail, or city jail until the determinate sentence has been completed, and thereafter may only be released prior to the person’s completion of his indeterminate sentence if the alien is being released into the custody of law enforcement officials from another state or the federal government for further criminal proceedings or if the custodial authority first obtains written confirmation from DHS that DHS will take custody of the person upon release and deport the person from the United States. An illegal alien shall not be eligible to participate in alternate sentencing programs such as work release, inmate labor detail, a scheduled sentence program, or similar programs.
[18-9009, added 2025, ch. 183, sec. 1, p. 860.]
A law enforcement official of the custodial authority shall be authorized to securely transport such illegal alien to a federal facility in this state or to any other temporary point of detention when complying with a valid immigration detainer or a federal arrest warrant or pursuant to release arranged with DHS pursuant to section 18-9009, Idaho Code.
[18-9010, added 2025, ch. 183, sec. 1, p. 860.]
A law enforcement official or custodial authority acting in good faith to carry out duties or activities allowed by this chapter shall have immunity from damages or liability from such actions.
[18-9011, added 2025, ch. 183, sec. 1, p. 860.]
A court may not abate the prosecution of an offense pursuant to this chapter on the basis that a federal determination regarding the immigration status of the defendant is pending or will be initiated.
[18-9012, added 2025, ch. 183, sec. 1, p. 860.]
(1) The provisions of this chapter relating to immigration terminology and definitions shall be construed to have the same meanings as provided under federal immigration law, unless otherwise defined in this chapter.
(2) The provisions of this chapter shall be construed and implemented in a manner consistent with federal laws and regulations and interpretive case law governing immigration and civil rights.
[18-9013, added 2025, ch. 183, sec. 1, p. 861.]
(1) Any person who willfully publishes any commercial advertisement, in any medium, within the state of Idaho for marijuana, narcotics, or other psychoactive substances that are illegal under Idaho Code and illegal under the laws of the jurisdiction where the marijuana, narcotics, or other psychoactive substances are provided, including federal, state, or local laws, is guilty of a misdemeanor, punishable in accordance with section 18-113, Idaho Code, with a fine of five hundred dollars ($500) to be imposed for each violation. Each day in which a violation of this section exists shall be considered a separate offense.
(2) As used in this section, "commercial advertisement" means an advertisement that encourages consumers to engage with products or services to benefit a commercial enterprise.
[(18-9101) 18-9001, added 2025, ch. 252, sec. 1, p. 1116; am. and redesig. 2026, ch. 251, sec. 4, p. 1055.]
Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.