Title 18 — CRIMES AND PUNISHMENTS
82 chapters · 868 sections in this title.
Idaho Code § 18-8601 Legislative intent
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18-8601. Legislative intent. 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 le…
Idaho Code § 18-8602 definitions
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18-8602. definitions. 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 …
Idaho Code § 18-8603 penalties
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18-8603. penalties. (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…
Idaho Code § 18-8604 Restitution — Rehabilitation
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18-8604. Restitution — Rehabilitation. (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…
Idaho Code § 18-8605 authority of the attorney general
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18-8605. authority of the attorney general. 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: (1) To issue, by…
Idaho Code § 18-8606 safe harbor provisions
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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…
Idaho Code § 18-8607 Human sex trafficking
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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…
Idaho Code § 18-8608 human sex trafficking of a child
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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…
Idaho Code § 18-8609 human labor trafficking
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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…
Idaho Code § 18-8610 human labor trafficking of a child
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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…
Idaho Code § 18-8611 property subject to forfeiture
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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…
Idaho Code § 18-8612 inventory
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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…
Idaho Code § 18-8613 FORFEITURE REQUEST — REBUTTABLE PRESUMPTION
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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 cri…
Idaho Code § 18-8614 PRESERVATION OF PROPERTY — WARRANT OF SEIZURE — PROTECTIVE ORDERS
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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 availa…
Idaho Code § 18-8615 INSTITUTION OF PROCEEDINGS — THIRD PARTIES
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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 Co…
Idaho Code § 18-8616 PERSONAL PROPERTY — RIGHTS OF THIRD PARTIES
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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, …
Idaho Code § 18-8617 real PROPERTY — RIGHTS OF THIRD PARTIES
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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 a…
Idaho Code § 18-8618 proportionality
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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…
Idaho Code § 18-8619 bar on intervention
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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…
Idaho Code § 18-8620 jurisdiction — depositions
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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 prop…
Idaho Code § 18-8621 DISPOSITION OF PROPERTY
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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…
Idaho Code § 18-8622 FORFEITURE OF SUBSTITUTE PROPERTY
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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…