Title 18, CRIMES AND PUNISHMENTS

18-7908. Ex parte temporary protection order. (1) Where a verified petition for a protection order under this chapter seeks an ex parte temporary protection order, such an ex parte temporary protection order may be granted to the petitioner if the court finds that present harm co…

18-7909. Fees waived. No filing fee, service fee, hearing fee or bond shall be charged for proceedings seeking only the relief provided under sections 18-7907 and 18-7908, Idaho Code.

18-8001. Driving without privileges. (1)(a) Except as provided in paragraph (b) of this subsection, any person who drives or is in actual physical control of any motor vehicle upon the highways of this state with knowledge or who has received legal notice pursuant to section 49-3…

18-8002. Tests of driver for alcohol concentration, presence of drugs or other intoxicating substances — Penalty and suspension upon refusal of tests. (1) Any person who drives or is in actual physical control of a motor vehicle in this state shall be deemed to have given his con…

18-8002A. Tests of driver for alcohol concentration, presence of drugs or other intoxicating substances — Suspension upon failure of tests. (1) Definitions. As used in this section: (a) "Actual physical control" means being in the driver’s position of a motor vehicle with the mot…

18-8003. Persons authorized to withdraw blood for the purposes of determining content of alcohol or other intoxicating substances and restitution orders. (1) Only a licensed physician, qualified medical technologist, registered nurse, phlebotomist trained in a licensed hospital o…

18-8004. Persons under the influence of alcohol, drugs or any other intoxicating substances. (1) (a) It is unlawful for any person who is under the influence of alcohol, drugs or any other intoxicating substances, or any combination of alcohol, drugs and/or any other intoxicating…

18-8004A. Penalties — Persons under 21 with less than 0.08 alcohol concentration. (1) Any person found guilty of a violation of subsection (1)(d) of section 18-8004, Idaho Code, shall be guilty of a misdemeanor; and, for a first offense: (a) Shall be fined an amount not to exceed…

18-8004C. Excessive alcohol concentration — Penalties. Notwithstanding any provision of section 18-8005, Idaho Code, to the contrary: (1) Any person who pleads guilty to or is found guilty of a violation of the provisions of section 18-8004(1)(a), Idaho Code, for the first time, …

18-8005. Penalties. (1) Any person who pleads guilty to or is found guilty of a violation of the provisions of section 18-8004(1)(a), Idaho Code, for the first time is guilty of a misdemeanor; and, except as provided in section 18-8004C, Idaho Code: (a) May be sentenced to jail f…

18-8006. Aggravated driving while under the influence of alcohol, drugs or any other intoxicating substances. (1) Any person causing great bodily harm, permanent disability or permanent disfigurement to any person other than himself in committing a violation of the provisions of …

18-8006A. aggravated driving while reckless. (1) A person shall be guilty of aggravated driving while reckless if he causes great bodily harm, permanent disability, or permanent disfigurement to any person other than himself in committing a violation of the provisions of section …

18-8007. Leaving scene of accident resulting in injury or death. (1) The driver of any vehicle that has been involved in an accident, either upon public or private property open to the public, who knows or has reason to know that said accident has resulted in injury to or death o…

18-8008. Ignition interlock systems. (1)(a) If a person is convicted, is found guilty, pleads guilty or receives a withheld judgment for violating any of the provisions of this chapter relating to driving under the influence and has had any or all of a sentence or fine suspended …

18-8008A. Electronic monitoring devices. (1) If a person is convicted, is found guilty, pleads guilty or receives a withheld judgment for violating any of the provisions of this chapter and has had any or all of a sentence or fine suspended for the violation, the court, in its di…

18-8009. Ignition interlocks — Assisting another in starting or operating — Penalty. A person who knowingly assists another person who is restricted to the use of an ignition interlock device to start and operate that vehicle in violation of a court order shall be guilty of a mis…

18-8010. Surcharge added to all fines. Every person who is convicted, found guilty, pleads guilty or receives a withheld judgment for violating the provisions of this chapter shall be required to pay an additional fifteen dollars ($15.00) in addition to any other fine, penalty or…

18-8011. Stay of suspension of drivers’ licenses or driving privileges upon reincarceration. A court-ordered suspension of an individual’s driver’s license or driving privileges issued pursuant to this chapter that is to commence after that individual’s release from confinement o…

18-8101. Purpose. The legislature recognizes the constitutional right of every citizen to harbor and express beliefs on any subject, to associate with others who share similar beliefs, and to keep and bear arms. It is not the intent, by the provisions of this chapter, to interfer…

18-8102. Definitions. As used in this chapter: (1) "Civil disorder" means any public disturbance involving acts of violence by an assemblage of two (2) or more persons which acts cause an immediate danger of or result in damage or injury to the property or person of any other ind…

18-8103. Prohibited activities — Penalties. Any person who: (1) Conspires with one (1) or more persons to injure, oppress, threaten or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the constitutions or laws of the United Stat…

18-8104. Exclusions. Nothing contained in this chapter makes unlawful any act protected pursuant to article I, section 11, of the Idaho constitution, or any act of any peace officer which is performed in the lawful performance of the law enforcement officer’s official duties. Not…

18-8105. Severability. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remainin…

18-8106. Providing material support to terrorists. (1) A person who provides material support or resources, or who conceals or disguises the nature, location, source or ownership of material support or resources, with the knowledge and intention that such support or resources are…

18-8201. Money laundering and illegal investment — Penalty — Restitution. (1) It is unlawful for any person to knowingly or intentionally give, sell, transfer, trade, invest, conceal, transport, or make available anything of value that the person knows is intended to be used to c…

18-8301. Short title. This chapter shall be known and may be cited as the "Sexual Offender Registration Notification and Community Right-to-Know Act."

18-8302. Findings. The legislature finds that sexual offenders present a danger and that efforts of law enforcement agencies to protect their communities, conduct investigations and quickly apprehend offenders who commit sexual offenses are impaired by the lack of current informa…

18-8303. Definitions. As used in this chapter: (1) "Aggravated offense" means any of the following crimes: 18-1506A (ritualized abuse of a child); 18-1508 (lewd conduct); 18-4003(d) (murder committed in the perpetration of rape); 18-4502 (first-degree kidnapping committed for the…

18-8304. Application of chapter — rulemaking authority. (1) The provisions of this chapter shall apply to any person who: (a) On or after July 1, 1993, is convicted of the crime, or an attempt, a solicitation, or a conspiracy to commit a crime provided for in section 18-909 (assa…

18-8305. Central registry — Notice to agencies. (1) The department shall establish and maintain a central sexual offender registry separate from other records maintained by the department. The information contained in the registry shall be in digital form or include links or iden…

18-8306. Notice of duty to register and initial registration. (1) When a person is sentenced for an offense identified in section 18-8304, Idaho Code, the prosecuting attorney shall seek and the court shall order a designated law enforcement agency to immediately photograph that …

18-8307. Registration. (1) Registration shall consist of a form provided by the department and approved by the attorney general, which shall be signed by the offender and shall require the information set forth in subsection (1) of section 18-8305, Idaho Code. (2) At the time of …

18-8308. Verification of address and electronic monitoring of violent sexual predators. (1)(a) The address or physical residence of an offender designated as a violent sexual predator shall be verified by the department between registrations. (b) The procedure for verification sh…

18-8309. duty to update registration information. (1) If an offender subject to registration changes his or her name, street address or actual address, employment or student status, the offender shall appear in person within two (2) working days after the change at the office of …

18-8310. Release from registration requirements — Expungement. (1) Registration under this act is for life; however, any offender, other than a recidivist, an offender who has been convicted of an aggravated offense, or an offender designated as a violent sexual predator, may, af…

18-8310A. district court to release from registration requirements — expungement. Any person who was convicted under section 18-6101 1., Idaho Code, as it existed before July 1, 2010, where such person would not have been convicted under section 18-6101(1) or (2), Idaho Code, may…

18-8311. Penalties. (1) An offender subject to registration who knowingly fails to register, verify his address, or provide any information or notice as required by this chapter shall be guilty of a felony and shall be punished by imprisonment in the state prison system for a per…

18-8312. Sexual offender management board — Appointment — Terms — Vacancies — Chairman — Quorum — Qualifications of members — Compensation of members. (1) A sexual offender management board is hereby created within the Idaho department of correction. The board shall consist of te…

18-8313. Removal of board members. The governor may remove members of the board for reasons of inefficiency, neglect of duty, malfeasance in office, commission of a felony or inability to perform the duties of office.

18-8314. Powers and duties of the sexual offender management board. (1) The board shall develop, advance and oversee sound sexual offender management policies and practices statewide as demonstrated by evidence-based best practices. (2) The board shall carry out the following dut…

18-8315. Compliance with open meetings law. All meetings of the board shall be held in accordance with the open meetings law as provided in chapter 2, title 74, Idaho Code.

18-8316. Requirement for psychosexual evaluations upon conviction. If ordered by the court, an offender convicted of any offense listed in section 18-8304, Idaho Code, may submit to an evaluation to be completed and submitted to the court in the form of a written report from a ce…

18-8318. Offender required to pay for psychosexual evaluation. The offender shall be required to pay for the cost of the psychosexual evaluations performed under this chapter, unless the offender demonstrates indigency. In such case, the psychosexual evaluation performed pursuant…

18-8323. Public access to sexual offender registry information. Information within the sexual offender registry collected pursuant to this chapter is subject to release only as provided by this section. (1) The department or sheriff shall provide public access to information cont…

18-8324. Dissemination of registry information. (1) The department shall, within three (3) business days, disseminate any registration information collected under this chapter, including any changes in registry information, to: (a) The attorney general of the United States for in…

18-8325. Exemption from civil liability. (1) No person or governmental entity, other than those specifically charged in this chapter with a duty to collect information under this chapter regarding registered sexual offenders, has a duty to inquire, investigate or disclose any inf…