Title 18 — CRIMES AND PUNISHMENTS

18-100. Title, effect of prior law and statement of legislative intent. (1) This title is called the Criminal Code. (2) Except as provided in subsection (3) of this section, this code does not apply to offenses committed prior to its effective date [April 1, 1972] and prosecution…

18-101. Definition of terms. The following words have in this code the signification attached to them in this section, unless otherwise apparent from the context: 1. The word "wilfully," when applied to the intent with which an act is done or omitted, implies simply a purpose or …

18-101A. Definitions. As used in titles 18, 19 and 20, Idaho Code, and elsewhere in the Idaho Code, unless otherwise specifically provided or unless the context clearly indicates or requires otherwise, the following terms shall be defined as follows: (1) "Correctional facility" m…

18-101B. Criminal laws applicable to out-of-state prisoners and personnel of private correctional facilities. (1) An out-of-state prisoner and personnel of a private prison contractor employed at a private correctional facility in the state of Idaho shall be subject to all crimin…

18-102. Sufficiency of intent to defraud. Whenever, by any of the provisions of this code, an intent to defraud is required in order to constitute any offense, it is sufficient if an intent appears to defraud any person, association, or body politic or corporate, whatever.

18-103. Civil remedies preserved. The omission to specify or affirm in this code any liability to damages, penalty, forfeiture, or other remedy imposed by law and allowed to be recovered or enforced in any civil action or proceeding, for any act or omission declared punishable he…

18-104. Proceedings to remove officers preserved. The omission to specify or affirm in this code any ground of forfeiture of a public office, or other trust or special authority conferred by law, or any power conferred by law to remove, depose, or suspend any public officer, or o…

18-105. Courts may punish for contempt. This code does not affect any power conferred by law upon any public body, tribunal or officer, to impose or inflict punishment for a contempt.

18-106. Court to impose punishment. The several sections of this code which declare certain crimes to be punishable as therein mentioned, devolve a duty upon the court authorized to pass sentence, to determine and impose the punishment prescribed.

18-107. Determination of punishment by court. Whenever, in this code, the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case, must be determined by the court authorized to pass sentence within such limits as may…

18-109. Definition of crime. A crime or public offense is an act committed or omitted in violation of a law forbidding or commanding it, and to which is annexed, upon conviction, either of the following punishments: 1. Death. 2. Imprisonment. 3. Fine. 4. Removal from office; or 5…

18-110. Grades of crime. Crimes are divided into: 1. Felonies; and 2. Misdemeanors.

18-111. Felony, misdemeanor and infraction defined. A felony is a crime which is punishable with death or by imprisonment in the state prison. An infraction is a civil public offense, not constituting a crime, which is punishable only by a penalty not exceeding three hundred doll…

18-111A. Felony defined further. Wherever the words felony, felony in the first degree, felony in the second degree, or felony in the third degree are used in the entire Idaho Code as well as the 1972 Session Law amendments thereto, the same shall be defined as a felony and shall…

18-111B. Misdemeanor defined further. Wherever the words misdemeanor, petty misdemeanor or violation are used in the entire Idaho Code as well as the 1972 Session Law amendments thereto, these terms or any of them shall be construed to mean misdemeanor and shall be punished, unle…

18-112. Punishment for felony. Except in cases where a different punishment is prescribed by this code, every offense declared to be a felony is punishable by imprisonment in the state prison not exceeding five (5) years, or by fine not exceeding fifty thousand dollars ($50,000),…

18-112A. Fine authorized. In addition to any other punishment prescribed for felonies in specific statutes of the Idaho Code, the court may also impose a fine of up to fifty thousand dollars ($50,000). This section shall not apply if the specific felony statute provides for the i…

18-113. Punishment for misdemeanor. (1) Except in cases where a different punishment is prescribed in this code, every offense declared to be a misdemeanor, is punishable by imprisonment in a county jail not exceeding six (6) months, or by a fine not exceeding one thousand dollar…

18-113A. Punishment for infraction. Every offense declared to be an infraction is punishable only by a penalty not exceeding three hundred dollars ($300) as provided in this section and no imprisonment. The penalty for an infraction shall be: (1) The amount set by statute; (2) Su…

18-113B. Incarceration of juveniles for misdemeanor or felony offenses. (1) Juveniles committing offenses which lie outside the scope of the juvenile corrections act, chapter 5, title 20, Idaho Code, and not charged under section 20-508 or 20-509, Idaho Code, may, in the discreti…

18-114. Union of act and intent. In every crime or public offense there must exist a union, or joint operation, of act and intent, or criminal negligence.

18-115. Manifestation of intent. Intent or intention is manifested by the commission of the acts and surrounding circumstances connected with the offense.

18-116. Intoxication no excuse for crime. A person who is in an intoxicated condition is criminally responsible for his conduct and an intoxicated condition is not a defense to any offense and may not be taken into consideration in determining the existence of a mental state whic…