Title 18 — CRIMES AND PUNISHMENTS

18-3315. nonresident — Purchase of firearm in Idaho. Residents of a state other than the state of Idaho may purchase rifles and shotguns in Idaho, provided that such residents conform to the applicable provisions of the federal gun control act of 1968, and regulations thereunder,…

18-3315A. Prohibition of federal regulation of certain firEarms. (1) As used in this section: (a) "Borders of Idaho" means the boundaries of Idaho described in chapter 1, title 31, Idaho Code. (b) "Firearms accessories" means items that are used in conjunction with or mounted upo…

18-3315B. PROHIBITION OF REGULATION OF CERTAIN FIREARMS. (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 enforc…

18-3316. Unlawful possession of a firearm. (1) A person who previously has been convicted of a felony who purchases, owns, possesses, or has under his custody or control any firearm shall be guilty of a felony and shall be imprisoned in the state prison for a period of time not t…

18-3317. Unlawful discharge of a firearm at a dwelling house, occupied building, vehicle or mobile home. It shall be unlawful for any person to intentionally and unlawfully discharge a firearm at an inhabited dwelling house, occupied building, occupied motor vehicle, inhabited mo…

18-3318. Definitions. Definitions as used in sections 18-3319, 18-3319A, 18-3320, 18-3320A and 18-3321, Idaho Code: (1) "Bomb" means any chemical or mixture of chemicals contained in such a manner that it can be made to explode with fire or force, and combined with the method or …

18-3319. Unlawful possession of bombs or destructive devices. (1) Any person who knowingly, intentionally, or recklessly possesses or controls a bomb or destructive device for a purpose unlawful pursuant to title 18, Idaho Code, is guilty of a felony, punishable by up to a five t…

18-3319A. unlawful acts — hoax destructive device. (1) A person is guilty of a felony if such person intentionally causes a reasonable person to be in fear of serious bodily injury or death by: (a) Possessing, manufacturing, selling, giving, mailing, sending or causing to be sent…

18-3320. Unlawful use of destructive device or bomb. Any person who knowingly, intentionally, or recklessly: (1) Conspires to use, uses or causes to be used a destructive device or bomb in the commission of or an attempt to commit a felony; or (2) With the intent to injure the pe…

18-3320A. Disposal of destructive devices or bombs. Any destructive device or bomb that has been lawfully seized by a law enforcement agency may be destroyed in a reasonable manner. An official record listing the destructive device or bomb destroyed and the location of destructio…

18-3321. Persons exempt. Unless the intent to injure the person or property of another has been established, the provisions in section 18-3319, Idaho Code, shall not apply to: (1) Any public safety officer or member of the armed forces of the United States or national guard while…

18-3322. Use of weapons of mass destruction — Definition. (1) Any person who willfully and without lawful authority uses, threatens, attempts or conspires to use a weapon of mass destruction, as defined in this section and including a biological agent, toxin or vector, against an…

18-3323. Biological weapons — Definitions. (1) Any person who knowingly develops, produces, stockpiles, transfers, acquires, retains or possesses any biological agent, toxin or delivery system for use as a weapon, or who knowingly assists another person or group of persons in doi…

18-3324. Use of chemical weapons — Definitions. (1) Except as provided in subsection (2) of this section, it shall be unlawful for any person to knowingly: (a) Develop, produce or otherwise acquire, transfer directly or indirectly, receive, stockpile, retain, own, possess, use or…

18-3325. Prohibition — Possession — Use of conducted energy device — Penalties. (1) It shall be a misdemeanor to possess a conducted energy device by: (a) Any person found guilty of a felony who is not finally discharged from a sentence of imprisonment, probation or parole; or (b…

18-3326. second amendment financial privacy act — Legislative intent. (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 Id…

18-3326A. second amendment financial privacy act. (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…

18-3327. Consistency in Knife regulation. (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, tran…

18-3401. Public mutilation of flag. Any person who publicly mutilates, defaces, or tramples upon or burns, with intent to insult, the flag, standard, colors or ensign of the United States or of the state of Idaho shall be guilty of a misdemeanor.

18-3502. Unlawful re-entry of land after ouster. Every person who has been removed from any lands by process of law, or who has removed from any lands pursuant to the lawful adjudication or direction of any court, tribunal or officer, and who afterward unlawfully returns to settl…

18-3601. Forgery defined. Every person who, with intent to defraud another, falsely makes, alters, forges or counterfeits, any charter, letters, patent, deed lease, indenture, writing obligatory, will, testament, codicil, annuity, bond, covenant, bank bill or note, federal reserv…

18-3602. False entries in books of record. Every person who, with intent to defraud another, makes, forges, or alters any entry in any book of records, or any instrument purporting to be any record or return specified in the preceding section, is guilty of forgery.

18-3603. Public seals — Forging or counterfeiting. Every person who, with intent to defraud another, forges, or counterfeits the seal of this state, the seal of any public officer authorized by law, the seal of any court of record, or the seal of any corporation, or any other pub…

18-3604. Punishment for forgery. Forgery is punishable by imprisonment in the state prison for not less than one (1) nor more than fourteen (14) years.

18-3605. Possession of forged notes or bank bills or check or checks. Every person who has in his possession, or receives from another person, any forged promissory note or bank bill, or bills, or check or checks, for the payment of money or property, with the intention to pass t…

18-3606. Fictitious bills, notes, and checks — Making, passing, uttering, or publishing. Every person who makes, passes, utters, or publishes, with intention to defraud any other person, or who, with the like intention, attempts to pass, utter or publish, or who has in his posses…

18-3607. Counterfeiting coin or bullion. Every person who counterfeits any of the species of gold or silver coin current in this state, or any kind of species of gold dust, gold or silver bullion, or bars, lumps, pieces, or nuggets, or who sells, passes, or gives in payment such …

18-3608. Punishment for counterfeiting. Counterfeiting is punishable by imprisonment in the state prison for not less than one (1) nor more than fourteen (14) years.

18-3609. Possession of counterfeit coin. Every person who has in his possession, or receives for any other person, any counterfeit gold or silver coin of the species current in this state, or any counterfeit gold dust, gold or silver bullion or bars, lumps, pieces, or nuggets, wi…

18-3610. Possession of counterfeiting apparatus. Every person who makes, or knowingly has in his possession any die, plate, or any apparatus, metal, machine, or other thing whatever, made use of in counterfeiting coin, current in this state, or in counterfeiting gold dust, gold o…

18-3611. Counterfeiting railroad ticket. Every person who counterfeits, forges, or alters, any ticket, check, order, coupon, receipt for fare, or pass, issued by any railroad company, or by any lessee or manager thereof, designed to entitle the holder to ride in the cars of such …

18-3612. Restoring canceled railroad tickets. Every person who, for the purpose of restoring to its original appearance and nominal value in whole or in part, removes, conceals, fills up, or obliterates, the cuts, marks, punch holes, or other evidence of cancelation, from any tic…

18-3613. Simulation of switch and car keys. It shall be unlawful for any person by himself or another, without the written order or consent of such common carrier, to make, simulate, sell or dispose of any key belonging to or which might be used to open or unlock any switch, lock…

18-3614. Forging or counterfeiting trade-marks. Every person who wilfully forges or counterfeits or procures to be forged or counterfeited, any trade-mark usually affixed by any person to his goods, with intent to pass off any goods to which such forged or counterfeited trade-mar…

18-3615. Sale of counterfeit goods. Every person who sells or keeps for sale any goods upon or to which any counterfeited trade-mark has been affixed, intending to represent such goods as the genuine goods of another, knowing the same to be counterfeited, is guilty of a misdemean…

18-3616. Forged and counterfeit trade-marks defined. The phrases "forged trade-mark" and "counterfeited trade-marks," or their equivalents, as used in this chapter include every alteration or imitation of any trade-mark so resembling the original as to be likely to deceive.

18-3617. Trademark defined. The phrase "trademark" as used in the three (3) preceding sections, includes every description of word, letter, device, emblem, stamp, imprint, brand, printed ticket, label or wrapper usually affixed by any mechanic, manufacturer, druggist, merchant or…

18-3619. Slugs or counterfeited coins — Penalty for use in vending machines or coin-boxes. Any person who, by means of any token, slug, false or counterfeited coin, or by any other means, method, trick or device whatsoever not lawfully authorized by the owner, lessee, or licensee…

18-3620. Slugs or counterfeited coins — Penalty for manufacture or sale. Any person who knowingly or having cause to believe that the same is intended for fraudulent or unlawful use on the part of the purchaser, donee or user thereof shall manufacture for sale, sell or give away …

18-3621. making false statements to detain real property. 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 p…

18-3622. fraudulent sale or lease of residential real property. 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…

18-3801. Gambling defined. "Gambling" means risking any money, credit, deposit or other thing of value for gain contingent in whole or in part upon lot, chance, the operation of a gambling device or the happening or outcome of an event, including a sporting event, the operation o…

18-3802. Gambling prohibited. (1) A person is guilty of gambling if he: (a) Participates in gambling; or (b) Knowingly permits any gambling to be played, conducted or dealt upon or in any real or personal property owned, rented, or under the control of the actor, whether in whole…

18-3809. Bookmaking and pool selling. Any person who for gain, hire or profit engages in pool selling or bookmaking at any time or place within this state; or any person who keeps or occupies any room, shed, tenement, tent, booth or building, float or vessel, or any part thereof,…

18-3810. Slot machines — Possession unlawful — Exception. (1) Except as otherwise provided in this section, it shall be a misdemeanor for any person to use, possess, operate, keep, sell, or maintain for use or operation or otherwise, anywhere within the state of Idaho, any slot m…

18-3905. Transportation of hazardous waste. (1) Whenever hazardous waste, as defined in section 39-4403, Idaho Code, is being transported on highways or roads of this state, it shall be transported in a manner which will not endanger the health, welfare or safety of the citizens …

18-3906. Placing debris on highways. (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, litte…

18-3907. Obstruction of highways. Any person who obstructs, injures or damages any public road, street or highway, either by placing obstruction therein or by digging in, deepening or deviating the water of any stream, or by placing any obstruction in any ditch or stream within o…

18-3908. Flooding highways. Any person who runs water either by flooding or sprinkler irrigation across any public highway, road or street, without first constructing a good and sufficient ditch or ditches to convey the same, or who fails to bridge such ditch or ditches, or to ke…

18-3910. Evasion of toll. Every person not exempt from paying tolls who crosses on any ferry or toll bridge, or passes through any toll gate, lawfully kept, without paying the toll therefor and with intent to avoid such payment is punishable by fine not exceeding $20.00.