Title 18 — CRIMES AND PUNISHMENTS

18-5625. 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…

18-5626. authority of the attorney general. With respect to property ordered forfeited under the provisions of this chapter, the attorney general or appropriate prosecuting attorney is authorized to: (1) Restore forfeited property to victims of a violation of relevant provisions …

18-5627. BAR ON INTERVENTION. Except as provided in sections 18-5623 and 18-5624, 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…

18-5628. JURISDICTION — DEPOSITIONS. The district courts of the state of Idaho shall have jurisdiction over: (1) Property for which forfeiture is sought that is within the state at the time the action is filed; or (2) The interest of a co-owner or interest holder in the property …

18-5629. 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 satisf…

18-5630. FORFEITURE OF SUBSTITUTE PROPERTY. If any of the property described in section 18-5612, 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…

18-5631. construction. The provisions of this chapter shall be liberally construed to effectuate its remedial purposes.

18-5701. Misuse of public moneys by public officers and public employees. No public officer or public employee shall: (1) Without authority of law, appropriate public moneys or any portion thereof to his own use, or to the use of another; or (2) Loan public moneys or any portion …

18-5702. Grading and punishment for misuse of funds. (1) Any public employee who is not charged with the receipt, safekeeping or disbursement of public moneys and who misuses public moneys in violation of section 18-5701, Idaho Code, is guilty of a misdemeanor punishable by a fin…

18-5703. Definitions. As used in this chapter: (1) "Financial transaction card" means: (a) Any instrument or device known as a credit card, credit plate, bank services card, banking card, check guarantee card, debit card, telephone credit card or by any other name issued by the i…

18-5801. Use of a life jacket or flotation device in a swimming pool. No person shall prohibit the use of a life jacket or other flotation device in a swimming pool by an individual who, as evidenced by a statement signed by a licensed physician, suffers from a physical disabilit…

18-5803. Exposure of animal carcasses. Every person who puts the carcass of any dead animal, or the offal of any slaughter pen, corral or butcher shop, into any river, creek, pond, street, alley, public highway or road in common use, or who attempts to destroy the same by fire wi…

18-5804. Slaughter and sale of famished animals. Every person who slaughters, offers or exposes for sale to the public any animal or animals that have been confined for forty-eight (48) hours or more without proper food, or twenty (20) hours without water, is guilty of a misdemea…

18-5807. Leaving carcasses near highways, dwellings and streams, and pollution of water used for domestic purposes. Any person who shall knowingly leave the carcass of any animal within a quarter of a mile of any inhabited dwelling, or on, along or within a quarter of a mile of a…

18-5808. Permitting mischievous animal at large. If the owner of a mischievous animal, knowing its propensities, wilfully suffers it to go at large, or keeps it without ordinary care, and such animal, while so at large, or while not kept with ordinary care, kills any human being …

18-5810. Blind persons only may use white or red and white canes. No person, except those wholly or partially blind, shall carry or use on any street, highway, or in any other public place a cane or walking stick which is white in color, or white tipped with red.

18-5811. Action required to avoid accident or injury to individuals with disabilities — Prohibited intentional actions — Penalties. (1) Any person, whether a pedestrian, operating a vehicle or otherwise, who approaches an individual appearing to be an individual with a disability…

18-5811A. Unlawful use of assistance device, assistance animal, or service dog. Any person, not being an individual with a disability or being trained to assist individuals with disabilities, who uses an assistance device, an assistance animal, or a service dog in an attempt to g…

18-5812. Battery to assistance animals, service dogs, and dogs-in-training — Penalties. (1) Any person who: (a) Permits any animal that is owned, harbored, or controlled by him to cause injury to or the death of any assistance animal, service dog, or dog-in-training is guilty of …

18-5812A. individuals with disabilities may be accompanied by service dogs — Penalty for intentional violation. (1) An individual with a disability shall not be denied the use of any common carrier or public transportation facility or admittance to any hotel, motel, cafe, elevato…

18-5812B. Person may be accompanied by a service dog-in-training — Liability. (1) A person shall not be denied the use of any common carrier or public transportation facility or admittance to any hotel, motel, cafe, elevator, or any other place of public accommodation within the …

18-5816. Abandonment of airtight containers without removing door locks prohibited. It shall be unlawful for any person or persons to abandon, or to permit to remain in an abandoned state on his premises or on premises over which he exercises control, within the state of Idaho, a…

18-5817. "Abandon" defined as leaving to attract children. "Abandon" means leaving unattended and uninclosed such appliance, in such manner and for such time that playing children may be attracted thereto, whether left upon the premises of the owner of the appliance or upon other…

18-5818. Violations a misdemeanor. Any violation of this act shall constitute a misdemeanor.

18-5901. Public nuisance defined. Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by …

18-5902. Public nuisance — Unequal damage. An act which affects an entire community or neighborhood, or any considerable number of persons, as specified in the last section, is not less a nuisance because the extent of the annoyance or damage inflicted upon individuals is unequal…

18-5903. Punishment for nuisance. Every person who maintains or commits any public nuisance, the punishment for which is not otherwise prescribed, or who wilfully omits to perform any legal duty relating to the removal of a public nuisance, is guilty of a misdemeanor.

18-5904. No smoking during public meetings. For the purpose of this act, any meeting or hearing of any board, commission, council, department or agency of state, county, or local government, held within a building owned, rented, or being used by a governmental agency, to which th…

18-5905. Signs to be displayed. No smoking signs shall be displayed in the place of any such public meeting and upon request an area nearby, but outside the room in which the meeting is being held, shall be designated as an area where smoking is permitted.

18-5906. Penalty for violation. A violation of section 18-5904, Idaho Code, is punishable by a fine of not less than five dollars ($5.00) nor more than ten dollars ($10.00).

18-6001. Permitting collision causing death. Every conductor, engineer, brakeman, switchman, or other person having charge, wholly or in part, of any railroad, car, locomotive or train, who wilfully or negligently suffers or causes the same to collide with another car, locomotive…

18-6002. Neglect to sound bell or whistle. Every person in charge of a locomotive engine who, before crossing any traveled public way, omits to cause a bell to ring or steam, air, electric or other similar whistle to sound at the distance of at least eighty (80) rods from the cro…

18-6006. Injuring railroad property. Every person who maliciously removes, displaces, injures, or in any way interferes with, or changes, or destroys, any part of any railroad property, whether for cars propelled by steam or any other motive power, or any track of any railroad, o…

18-6007. Theft of car parts — Murder by wrecking. Any person or persons who shall remove, take, steal, change, add to, take from, or in any manner interfere with any journal bearings or brasses, or any parts or attachments of any locomotive, tender or car, or any fixture or attac…

18-6008. Receiving stolen car parts. Every person who buys or receives any of the property described in section 18-6007, Idaho Code, knowing the same to have been stolen, is guilty of a felony, and upon conviction thereof shall be subject to the punishment provided in section 18-…

18-6009. Placing obstructions on tracks. Every person who maliciously places any obstruction upon the rails or track of any railroad, or of any switch, branch, branchway, or turnout connected with any railroad, is punishable by imprisonment in the state prison not exceeding five …

18-6010. Obstruction or interference with railroad. Any person or persons who shall wilfully or maliciously place any obstruction on any railroad track or roadbed, or street car track in this state, or who shall loosen, tear up, remove or misplace any rail, switch, frog, guard ra…

18-6011. Obstruction or interference with railroad — Act causing death. Any person or persons who shall, within this state, wilfully or maliciously place any obstruction upon any railroad track or roadbed or street car track, or shall misplace, remove, obstruct, detach, damage or…

18-6012. Offenses against railroads. Any person disturbing the peace of any traveler on any railway train, or breaking the seal or forcibly entering any car, or disturbing the contents of any car, or breaking any package therein, or breaking any package left at any depot for tran…

18-6015. Prohibition on disposal of human body waste from passenger trains. (1) As used in this section: (a) "Human body waste" means excrement, feces or other waste material discharged from the human body. (b) "Passenger train" means any train operated by a railroad company or c…

18-6101. Rape defined. Rape is defined as the penetration, however slight, of the oral, anal or vaginal opening with a penis accomplished under any one (1) of the following circumstances: (1) Where the victim is under the age of sixteen (16) years, the perpetrator is eighteen (18…

18-6102. Proof of physical ability. No conviction for rape can be had against one who was under the age of fourteen (14) years at the time of the act alleged, unless his physical ability to accomplish penetration is proved as an independent fact, and beyond a reasonable doubt.

18-6103. Penetration. Any sexual penetration, however slight, is sufficient to complete the crime of rape.

18-6104. Punishment for rape. Rape is punishable by imprisonment in the state prison not less than one (1) year, and the imprisonment may be extended to life in the discretion of the District Judge, who shall pass sentence.

18-6105. Evidence of previous sexual conduct of prosecuting witness. In prosecutions for the crime of rape, evidence of the prosecuting witness’ previous sexual conduct shall not be admitted nor reference made thereto in the presence of the jury, except as provided hereinafter. T…

18-6106. Restitution to victim. Persons convicted of offenses covered under this chapter may be ordered by the court to provide restitution to the victim for specific costs incurred by the victim as a result of injury or loss caused by the criminal act.

18-6110. Sexual contact with a prisoner. (1) It is a felony for any employee of the Idaho department of correction, Idaho department of juvenile corrections or any officer, employee or agent of a state, local or private correctional facility, as those terms are defined in section…

18-6301. Taxation — Refusal to give assessor list of property. Every person who unlawfully refuses upon demand to give to any county assessor a list of his property subject to taxation, or to swear to such list, or who gives a false name, or fraudulently refuses to give his true …

18-6302. Use of illegal receipts. Every person who uses or gives any receipt except that prescribed by law, as evidence of the payment of any poll tax, road tax or license of any kind, or who receives payment of such tax or license without delivering the receipt prescribed by law…

18-6303. Unlawful possession of blank licenses or poll tax receipts. Every person who has in his possession with intent to circulate or sell, any blank licenses or poll tax receipts other than those furnished by the proper officer, is guilty of felony.