Title 18, CRIMES AND PUNISHMENTS

18-8605. AUTHORITY OF THE ATTORNEY GENERAL. (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…

18-8606. SAFE HARBOR PROVISIONS. (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 bein…

18-8607. HUMAN SEX TRAFFICKING. 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…

18-8608. HUMAN SEX TRAFFICKING OF A CHILD. 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…

18-8609. HUMAN LABOR TRAFFICKING. 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…

18-8610. HUMAN LABOR TRAFFICKING OF A CHILD. 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 participatin…

18-8611. PROPERTY SUBJECT TO FORFEITURE. (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, shal…

18-8612. INVENTORY. 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 s…

18-8613. FORFEITURE REQUEST -- REBUTTABLE PRESUMPTION. (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 cr…

18-8614. PRESERVATION OF PROPERTY -- WARRANT OF SEIZURE -- PROTECTIVE ORDERS. (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 avai…

18-8615. INSTITUTION OF PROCEEDINGS -- THIRD PARTIES. 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 C…

18-8616. PERSONAL PROPERTY -- RIGHTS OF THIRD PARTIES. (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,…

18-8617. REAL PROPERTY -- RIGHTS OF THIRD PARTIES. (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 …

18-8618. PROPORTIONALITY. 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 t…

18-8619. BAR ON INTERVENTION. 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 un…

18-8620. JURISDICTION -- DEPOSITIONS. (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 pro…

18-8621. DISPOSITION OF PROPERTY. 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 satis…

18-8622. FORFEITURE OF SUBSTITUTE PROPERTY. 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 th…