Title 18 — CRIMES AND PUNISHMENTS

18-3911. Wild flowers or shrubs along highway — Removal or transport illegal. (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 thi…

18-3912. Prosecution of violators — Duty of transportation department. 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 …

18-3913. Wild flowers protected — Amended list — Duty of department of fish and game. (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…

18-3914. Violation a misdemeanor. A violation of this chapter and regulations authorized by this act is a misdemeanor unless the violation is defined as an infraction.

18-4001. Murder defined. 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 intent…

18-4002. Express and implied malice. 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 atten…

18-4003. Degrees of murder. (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 w…

18-4004. Punishment for murder. 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 pros…

18-4004A. Notice of intent to seek death penalty. (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 …

18-4005. Petit treason abolished. 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.

18-4006. Manslaughter defined. 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 o…

18-4007. Punishment for manslaughter. 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 …

18-4009. Justifiable homicide by any person. (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 i…

18-4011. Justifiable homicide by officer. Homicide is justifiable when committed by public officers and those acting by their command in their aid and assistance, either: 1. In obedience to any judgment of a competent court; or 2. When reasonably necessary in overcoming actual re…

18-4012. Excusable homicide. Homicide is excusable in the following cases: 1. When committed by accident and misfortune in doing any lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent. 2. When committed by accident and misfortune, in the …

18-4013. Discharge of defendant when homicide justifiable or excusable. The homicide appearing to be justifiable or excusable, the person indicted must, upon his trial, be fully acquitted and discharged.

18-4014. Administering poison with intent to kill. 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 imprisonm…

18-4015. Assault with intent to murder. 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.

18-4016. Definition of human embryo and fetus — Prohibiting the prosecution of certain persons. (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 p…

18-4017. causing a suicide — assisting in a suicide — injunctive RELIEF — REVOCATION OF LICENSE — EXCEPTIONS. (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 eit…

18-4101. Definitions. 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 de…

18-4102. Affirmative defense. 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 c…

18-4103. General sale or distribution, etc., of obscene matter — Penalty. 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 of…

18-4103A. Advertisement, promotion of sale, etc., of matter represented to be obscene — Penalty. 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, distr…

18-4104. Participation in, or production or presentation of, obscene live conduct in public place — Penalty. (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 con…

18-4105. Public display of offensive sexual material — Penalty. 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 o…

18-4105A. Requiring purchaser or consignee to receive obscene matter as condition to sale, etc. — Penalty. 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 mercha…

18-4106. Distribution to minors — Law governing. 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.

18-4107. Conspiracy — Penalty. 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 furthe…

18-4108. Special verdict. 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 t…

18-4109. Punishment for violations. 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 …

18-4110. Expert witness testimony. 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 a…

18-4111. Search warrant for seizure of obscene material. (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 w…

18-4112. Contraband. 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 cour…

18-4113. Uniform enforcement — Abrogation of existing ordinances — Further local ordinances banned. 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 gover…

18-4114. Enforcement by injunction, etc. 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 issu…

18-4115. Partial invalidity — Severability. 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 applica…

18-4116. Indecent exposure. (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 ha…

18-4202. Acting as physician while intoxicated. 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.

18-4301. Interference with ditches, canals, laterals, drains or reservoirs. 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,…

18-4302. Wasting water used for irrigation. 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 …

18-4303. Obstruction of overflow, gauge or waterway in dam. 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 …

18-4304. Wrongful diversion of water. 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…

18-4305. Interference with headgate — Cutting banks of stream. 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…

18-4306. Injuries to ditches, canals, laterals, drains and appurtenances. 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 …

18-4307. Injury to measuring devices. 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 …

18-4308. change of ditch, canal, lateral, drain, or buried irrigation conduit. 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 42-1207, Idaho Code, shall be guilty of a misdeme…

18-4309. Unauthorized tampering with measuring devices. 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, …

18-4310. Neglect to deliver water — Interference with delivery. Any superintendent or any person having control or charge of the said ditch, canal or conduit, who shall wilfully neglect or refuse to deliver water as provided in chapter 9, of title 42, or person or persons who sha…

18-4401. Grand juror acting after challenge against him. 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…