Title 18 — CRIMES AND PUNISHMENTS

18-4902. Engaging in lottery. Every person who contrives, prepares, sets up, proposes, or draws any lottery is guilty of a misdemeanor.

18-4903. Traffic in lottery tickets. Every person who sells, gives, or in any manner whatever furnishes or transfers to or for any other person any ticket, chance, share or interest, or any paper, certificate or instrument, purporting, or understood to be, or to represent any tic…

18-4904. Assisting in lottery. Every person who aids or assists, either by printing, writing, publishing, or otherwise, in setting up, managing or drawing any lottery, or in selling or disposing of any ticket, chance, or share therein, or in advertising an illegal lottery, is gui…

18-4905. Maintaining lottery office. Every person who opens, sets up, or keeps by himself or any other person, any office or other place for the sale of, or for registering the number of any ticket in any lottery, or who, by printing, writing or otherwise, advertises or publishes…

18-4906. Lottery insurance. Every person who insures or receives consideration for insuring for or against the drawing of any ticket in any lottery whatever, whether drawn, or to be drawn within this state or not, or who receives any valuable consideration upon any agreement to p…

18-4907. Search, seizure, and confiscation. All moneys and property offered for sale or distribution in violation of any of the provisions of this chapter are forfeited to the state. And whenever any judge shall have knowledge or receive satisfactory information of the violation …

18-4908. Permitting premises to be used for lottery. Every person who lets, or permits to be used, any building or vessel, or any portion thereof, knowing that it is to be used for setting up, managing or drawing any lottery, or for the purpose of selling or disposing of lottery …

18-4909. Exceptions. The provisions of this chapter shall not apply to government land drawings, or to Carey act land drawings, or to the partitioning or division of real property and improvements thereon between joint owners or tenants in common by lot or any other method that s…

18-5001. Mayhem defined. Every person who unlawfully and maliciously deprives a human being of a member of his body, or disables, disfigures or renders it useless, or cuts out or disables the tongue, puts out an eye, slits the nose, ear or lip, is guilty of mayhem.

18-5002. Punishment for mayhem. Mayhem is punishable by imprisonment in the state prison not exceeding fourteen years.

18-5003. Cannibalism defined — Punishment. (1) Any person who wilfully ingests the flesh or blood of a human being is guilty of cannibalism. (2) It shall be an affirmative defense to a violation of the provisions of this section that the action was taken under extreme life-threat…

18-5401. Perjury defined. Every person who, having taken an oath that he will testify, declare, depose, or certify truly, before any competent tribunal, legislative committee, officer, or person in any of the cases in which such an oath may by law be administered, wilfully and co…

18-5402. Oath defined. The term "oath" as used in section 18-5401, Idaho Code, includes an affirmation, and every other mode authorized by law of attesting the truth of that which is stated, including a certification or declaration under penalty of perjury permitted by the law of…

18-5403. Oath of office — Portion relating to future duties not included. So much of an oath of office as relates to the future performance of official duties is not such an oath as is intended by the two (2) preceding sections.

18-5404. Irregularity in administering oath no defense. It is no defense to a prosecution for perjury that the oath was administered or taken in an irregular manner.

18-5405. Incompetency of witness no defense. It is no defense to a prosecution for perjury that the accused was not competent to give the testimony, deposition or certificate of which falsehood is alleged. It is sufficient that he did give such testimony or make such deposition o…

18-5406. Ignorance of materiality no defense. It is no defense to a prosecution for perjury that the accused did not know the materiality of the false statement made by him; or that it did not, in fact, affect the proceeding in or for which it was made. It is sufficient that it w…

18-5407. Deposition, when complete. The making of a deposition or certificate is deemed to be complete, within the provisions of this chapter, from the time when it is delivered by the accused to any other person, with the intent that it be uttered or published as true.

18-5408. Unqualified statement of unknown fact. An unqualified statement of that which one does not know to be true is equivalent to a statement of that which one knows to be false.

18-5409. Punishment for perjury. Perjury is punishable by imprisonment in the state prison not less than one (1) or more than fourteen (14) years.

18-5410. Subornation of perjury. Every person who wilfully procures another person to commit perjury is guilty of subornation of perjury, and is punishable in the same manner as he would be if personally guilty of the perjury so procured.

18-5411. Perjury resulting in execution of innocent person. Every person who, by wilful perjury or subornation of perjury procures the conviction and execution of any innocent person, is punishable by death.

18-5412. Defendant’s testimony may be used to prove perjury. The various sections of this code which declare that evidence obtained upon the examination of a person as a witness cannot be received against him in any criminal proceeding, do not forbid such evidence being proved ag…

18-5413. Providing false information to law enforcement officers, government agencies, or specified professionals. (1) A person is guilty of a misdemeanor if he knowingly gives or causes to be given false information to any law enforcement officer, any state or local government a…

18-5414. Intentionally making false statements. A person is guilty of a misdemeanor if he willfully and intentionally gives or causes to be given false information to any court, court personnel, court clerk or any state or local government agency or personnel in the application o…

18-5415. false report of child abuse, abandonment, or neglect. Any person who intentionally and willfully makes a report of child abuse, abandonment, or neglect to a law enforcement agency or the department of health and welfare knowing such report to be false shall be guilty of …

18-5501. Poisoning food, medicine or wells. Every person who wilfully mingles any poison with any food, drink or medicine, with intent that the same shall be taken by any human being, to his injury, and every person who wilfully poisons any spring, well, or reservoir of water, is…

18-5502. Denatured alcohol — Regulation of sale and transfer. Denatured alcohol may be sold, given away, or transferred, in this state by any registered pharmacists, or other person. It shall be unlawful for any person to sell, give away, or transfer, denatured alcohol, preparati…

18-5503. Punishment for violation of preceding section. Any person or persons violating any of the provisions of this act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars ($500.00), or by imprisonment in…

18-5601. DEFINITIONS. As used in this chapter: (1) "Benefits of such proceeds" includes but is not limited to any real or personal property obtained with or by use of proceeds as defined in this chapter; any debt, rent, or other financial obligation paid with proceeds as defined …

18-5602. Procurement — Definition and penalty. Any person who induces, compels, entices, or procures another person to engage in commercial sexual activity shall be guilty of a felony punishable by imprisonment for a period of no less than two (2) years and no more than twenty (2…

18-5603. Receiving pay for procurement. Any person who knowingly receives a fee to procure a third person to engage in commercial sexual activity shall be guilty of a felony punishable by imprisonment for a period of no less than two (2) years and no more than twenty (20) years o…

18-5604. Paying for procurement. Any person who pays another a fee to procure a third person to engage in commercial sexual activity shall be guilty of a felony punishable by imprisonment for no less than two (2) years and no more than twenty (20) years or by a fine of no less th…

18-5605. Detention for commercial sexual activity. Anyone who holds, detains, or restrains or who attempts to hold, detain or restrain another person for the purpose of compelling such person to engage in commercial sexual activity shall be guilty of a felony punishable by impris…

18-5606. receiving proceeds of illegal sexual activity. (1) Any person who knowingly receives or accepts any proceeds, or the benefits of such proceeds, derived from another person engaging in sexual contact shall be guilty of a felony punishable by imprisonment for a period of n…

18-5607. INTERSTATE TRAFFICKING IN COMMERCIAL SEXUAL ACTIVITY. Any person who imports a person or persons into this state, or who exports a person or persons from this state, for the purpose of commercial sexual activity, or any person who induces, entices, or procures such activ…

18-5608. Place OF COMMERCIAL SEXUAL ACTIVITY. Any person maintaining, controlling or supporting a place where commercial sexual activity is carried on by one (1) or more persons under the control, management, or supervision of another shall be guilty of a felony punishable by imp…

18-5609. Inducing a child into commercial sexual activity — Penalties. Every person who induces or attempts to induce a child to engage in commercial sexual activity shall be guilty of a felony punishable by imprisonment in the state penitentiary for a period of not less than two…

18-5610. utilizing a child for commercial sexual activity — penalties. Every person who engages in commercial sexual activity with a child shall be guilty of a felony punishable by imprisonment in the state penitentiary for a period of not less than two (2) years, which may be ex…

18-5611. Inducing a child to engage in commercial sexual activity — Penalties. Any person who induces or attempts to induce a child to patronize a third person in commercial sexual activity shall be guilty of a felony.

18-5612. property subject to criminal forfeiture. (1) Any person who is found guilty of, who enters a plea of guilty or who is convicted of a violation of section 18-5602, 18-5603, 18-5604, 18-5605, 18-5606, 18-5608, 18-5609, 18-5610, 18-5611, 18-5613, or 18-5614, Idaho Code, no …

18-5613. providing commercial sexual activity. (1) A person is guilty of providing commercial sexual activity when such person: (a) Engages in, offers to engage in, or agrees to engage in sexual contact in return for a fee; or (b) Loiters in or within view of any public place for…

18-5614. soliciting commercial sexual activity. (1) A person is guilty of soliciting commercial sexual activity when he or she: (a) Pays, offers, or agrees to pay another person a fee for the purpose of engaging in sexual contact; or (b) Offers a third person to engage in, or agr…

18-5618. property subject to forfeiture. Property subject to criminal forfeiture under this chapter includes: (1) "Real property" including things growing on, affixed to or found on the land; and (2) "Tangible and intangible personal property" including rights, privileges, intere…

18-5619. 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…

18-5620. 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…

18-5621. 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 availab…

18-5622. INSTITUTION OF PROCEEDINGS — THIRD PARTIES. Upon the filing of a part II forfeiture request pursuant to section 18-5620, 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 18-5612, Idaho Co…

18-5623. PERSONAL PROPERTY — RIGHTS OF THIRD PARTIES. (1) Within five (5) days of any of the events specified in section 18-5622, 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, …

18-5624. 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 …