Title 18 — CRIMES AND PUNISHMENTS

18-4402. Disclosing indictment before arrest of defendant. Every grand juror, prosecuting attorney, clerk, judge or other officer who, except by issuing or in executing a warrant of arrest, wilfully discloses the fact of a presentment or indictment having been made for a felony, …

18-4403. Disclosing proceedings before grand jury. Every grand juror who, except when required by a court, wilfully discloses any evidence adduced before the grand jury, or anything which he himself or any other member of the grand jury may have said, or in what manner he or any …

18-4404. Tampering with jury list. Every person who adds any names to the list of persons selected to serve as jurors, either by placing the same in the jury box or otherwise, or extracts any name therefrom, or destroys the jury box or any of the pieces of paper containing the na…

18-4405. Certifying to false jury lists. Every officer or person required by law to certify to the list of persons selected as jurors, who maliciously, corruptly or wilfully certifies to a false or incorrect list, or a list containing other names than those selected, or who, bein…

18-4501. Kidnaping defined. Every person who wilfully: 1. Seizes, confines, inveigles or kidnaps another, with intent to cause him, without authority of law, to be secretly confined or imprisoned within this state, or to be sent out of this state, or in any way held to service or…

18-4502. First degree kidnapping — Ransom. Any kidnapping committed for the purpose of obtaining money, property or any other thing of value for the return or disposition of such person kidnapped, or committed for the purpose of raping, or committing serious bodily injury upon th…

18-4503. Second degree kidnaping when not for ransom. Every other kidnaping committed shall be kidnaping in the second degree.

18-4504. Punishment — Liberation of kidnapped person. 1. Every person guilty of kidnapping in the first degree shall suffer death or be punished by imprisonment in the state prison for life, provided a sentence of death shall not be imposed unless the prosecuting attorney filed w…

18-4504A. Notice of intent to seek death penalty. 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 thir…

18-4505. Inquiry into mitigating or aggravating circumstances — Sentence in kidnapping cases — Statutory aggravating circumstances — Judicial findings. 1. After a plea or verdict of guilty, where a discretion is conferred upon the court as to the extent of the punishment, the cou…

18-4506. Child custody interference defined — Defenses — Punishment. 1. A person commits child custody interference if the person, whether a parent or other, or agent of that person, intentionally and without lawful authority: (a) Takes, entices away, keeps or withholds any minor…

18-4507. Short title. Sections 18-4507, 18-4508, 18-4509, 18-4510 and 18-4511, Idaho Code, may be cited as the "Missing Child Reporting Act."

18-4508. Definitions. As used in sections 18-4507, 18-4508, 18-4509, 18-4510 and 18-4511, Idaho Code: (1) "Law enforcement agency" means any law enforcement agency of the state or any political subdivision of the state, including the Idaho state police and any municipal or county…

18-4509. Missing child reports — Law enforcement agencies — Duties. (1) Upon receiving a report of a missing or runaway child, a law enforcement agency shall immediately enter identifying and descriptive information about the child into the national crime information center compu…

18-4510. Birth records of missing children — State registrar’s duties. 1. Upon notification by a law enforcement agency that a child born in the state is missing or has run away, the state registrar shall flag the child’s birth certificate record in such a manner that whenever a …

18-4511. School duties — Records of missing child — Identification upon enrollment — Transfer of student records. (1) Upon notification by the Idaho state police of a missing or runaway child report, the school in which the child is currently enrolled shall flag the record of tha…

18-4512. Missing persons clearinghouse. (1) The Idaho state police shall establish a missing persons clearinghouse as a resource center of information and assistance regarding missing and unidentified persons. (2) The director of the Idaho state police shall appoint a coordinator…

18-4616. Defacing marks on logs or lumber. Every person who cuts out, alters, mutilates, changes, disfigures, or defaces any legally recorded mark or marks made upon any log, lumber, or wood, or re-marks or puts a false mark thereon with intent to prevent the owner from discoveri…

18-4617. Stealing rides on trains. Every person who shall, at any place within this state, ride or attempt to ride upon any locomotive engine, railroad car, railroad train, or trains of any character, in or upon any part thereof, for the purpose or with the intent of stealing a r…

18-4618. Stealing rides on trains — Authority of conductors and engineers to arrest. Authority is hereby given to and conferred upon railroad conductors and engineers of railroad trains, to immediately arrest, without warrant or other process, any person or persons violating the …

18-4619. Stealing rides — Venue of action. Any person charged with a violation of section 18-4617 may be tried in any county in this state through which such train carrying such person may pass, or in the county in which such violation may have occurred or may be discovered.

18-4620. Stealing rides — Punishment. Every person who shall be convicted of a violation of any of the offenses mentioned in section 18-4617 shall be punished by imprisonment in the county jail for a period not exceeding thirty days, or by a fine of not more than $60.00, or by bo…

18-4621. Stealing electric current — Tampering with meters. Whoever shall without permission or authority of any person, firm or corporation engaged in the generation or distribution of electricity, make connections, or cause connections to be made, by wire or wires or by any oth…

18-4622. Stealing electric current — Accessories liable as principals. Any person or persons aiding, abetting or counseling the acts, or any of them, mentioned in the preceding section, shall, upon conviction thereof, be equally guilty with the principals and subject to the same …

18-4623. Stealing electric current — Evidence of guilt. In all prosecutions under the two (2) preceding sections, proof that any of the acts herein forbidden were done on or about the premises owned or occupied by the defendant charged with the commission of such offense, or that…

18-4624. Taken or converted merchandise as theft. A person steals property and commits theft by the alteration, transfer or removal of any label, price tag, marking, indicia of value or any other markings which aid in the determination of value of any merchandise displayed, held,…

18-4625. Taken or converted merchandise — Evidence. In any prosecution for a violation of this chapter, photographs of the goods or merchandise alleged to have been taken or converted shall be deemed competent evidence of such goods or merchandise and shall be admissible in any p…

18-4626. Willful concealment of goods, wares or merchandise — Defense for detention. (a) Whoever, without authority, willfully conceals the goods, wares or merchandise of any store or merchant, while still upon the premises of such store or merchant, shall be guilty of a misdemea…

18-4627. Transportation of coniferous trees — Proof of ownership required. It shall be unlawful for any person to transport on the highways of this state, outside of incorporated cities, more than two (2) coniferous trees without proof of ownership. Such proof of ownership shall …

18-4628. Transportation of forest products — Proof of ownership required — Exceptions. (a) It shall be unlawful and constitute a misdemeanor for any person, firm, company, or business to transport on the public highways of this state any load of forest products, including conifer…

18-4628A. Penalty for purchase without proof of ownership. It is unlawful and a misdemeanor for any person, firm, company, or business to purchase any load of forest products, including coniferous trees, Christmas trees, sawlogs, poles, cedar products, pulp logs, fuelwood, etc., …

18-4629. Penalty for transportation of forest products without a permit, contract, bill of sale, or product load receipt. Violation of the provisions of this section 18-4628, Idaho Code, shall constitute a misdemeanor and, upon conviction, be punishable by a fine of not to exceed…

18-4630. Illegal use of documents. It is unlawful for any person, firm, company, or business to use any of the following documents for fraudulent or illegal purposes: (a) Log or product load receipt or ticket, permit, contract, or other instrument under the transportation of fore…

18-4631. Forest sabotage — Penalty. (1) Every person who maliciously drives or places, in any tree, saw-log, shingle-bolt or other wood, any iron, steel, ceramic, or other substance sufficiently hard to injure saws, knowing that the tree is intended to be harvested or that the sa…

18-4701. Alteration of bills. Every person who fraudulently alters the draft of any bill or resolution which has been presented to either of the houses composing the legislature, to be passed or adopted, with intent to procure it to be passed or adopted by either house, or certif…

18-4702. Alteration of enrolled copies. Every person who fraudulently alters the enrolled copy of any bill or resolution which has been passed or adopted by the legislature with intent to procure it to be approved by the governor, or certified by the secretary of state, or printe…

18-4703. Offering bribes to legislators. Every person who gives or offers to give a bribe to any member of the legislature, or to another person for him, or attempts by menace, deceit, suppression of truth, or any corrupt means, to influence a member in giving or withholding his …

18-4704. Legislators receiving bribes. Every member of either of the houses composing the legislature of this state who asks, receives or agrees to receive, any bribe, upon any understanding that his official vote, opinion, judgment or action shall be influenced thereby, or shall…

18-4705. Refusal to testify before legislature. Every person who, being summoned to attend as witness before either house of the legislature or any committee thereof, refuses or neglects, without lawful excuse, to attend pursuant to such summons, and every person who, being prese…

18-4706. Disqualification to hold office on conviction. Every member of the legislature convicted of any crime defined in this chapter, in addition to the punishment prescribed, forfeits his office, and is forever disqualified from holding any office in this state.

18-4801. Libel defined. A libel is a malicious defamation, expressed either by writing, printing, or by signs or pictures, or the like, tending to blacken the memory of one who is dead, or to impeach the honesty, integrity, virtue or reputation, or publish the natural or alleged …

18-4802. Punishment for libel. Every person who wilfully, and with a malicious intent to injure another, publishes, or procures to be published, any libel, is punishable by fine not exceeding $5000, or imprisonment in the county jail not exceeding six (6) months.

18-4803. Truth may be proved — Malice — Jury to determine law and fact. In all criminal prosecutions for libel, the truth may be given in evidence to the jury, and if it appears to the jury that the matter charged as libelous is true, and was published with good motives and for j…

18-4804. Malice presumed. An injurious publication is presumed to have been malicious if no justifiable motive for making it is shown.

18-4805. Sufficiency of publication. To sustain a charge of publishing a libel, it is not needful that the words or things complained of should have been read or seen by another. It is enough that the accused knowingly parted with the immediate custody of the libel under circumst…

18-4806. Liability of authors, editors and proprietors. Each author, editor and proprietor of any book, newspaper or serial publication, is chargeable with the publication of any words contained in any part of such book, or number of such newspaper or serial.

18-4807. Report of public proceeding. No reporter, editor, or proprietor of any newspaper is liable to any prosecution for a fair and true report of any judicial, legislative, or other public official proceedings, or of any statement, speech, argument, or debate in the course of …

18-4808. Limitation on privilege in reporting public proceedings. Libelous remarks or comments connected with matter privileged by the last section receive no privilege by reason of their being so connected.

18-4809. Threats to publish libel — Extortion. Every person who threatens another to publish a libel concerning him, or any parent, husband, wife, or child of such person, or member of his family, and every person who offers to prevent the publication of any libel upon another pe…

18-4901. Lottery defined. A lottery is any scheme for the disposal or distribution of property by chance among persons who have paid or promised to pay any valuable consideration for the chance of obtaining such property, or a portion of it, or for any share or interest in such p…