Title 18, CRIMES AND PUNISHMENTS

18-8331. Adult criminal sex offenders — Prohibited group dwelling — Exceptions. (1) Except as otherwise provided in this section, when a person is required to register pursuant to this chapter, that person may not reside in any residential dwelling unit with more than one (1) oth…

18-8401. Short title. This chapter shall be known and may be cited as the "Juvenile Sex Offender Registration Notification and Community Right-to-Know Act."

18-8402. Findings. The legislature finds that juvenile sex offenders present a significant risk of reoffense and that efforts of law enforcement agencies to protect communities, conduct investigations and quickly apprehend offenders who commit sex offenses are impaired by the lac…

18-8403. Definitions. As used in this chapter, "juvenile sex offender" means a person who was between fourteen (14) years of age to eighteen (18) years of age at the time the qualifying sex offense was committed and who: (1) On or after July 1, 1998, was adjudicated delinquent un…

18-8404. Juvenile sex offender registry. The Idaho state police shall establish and maintain within the central sex offender registry a separate registry of juvenile sex offenders. The registry shall include fingerprints, photographs, and information collected from submitted form…

18-8405. Notification of duty to register — Probation. With respect to a juvenile sex offender sentenced to probation without a period of detention, the court shall provide at the time of sentencing written notification of the duty to register. The written notification shall be a…

18-8406. Notification of duty to register — Prior to release. With respect to a juvenile sex offender sentenced to a period of detention, the county shall provide, prior to release, written notification of the duty to register. With respect to a juvenile sex offender committed to…

18-8407. Annual registration. A juvenile sex offender, other than one serving a period of detention or committed to the department of juvenile corrections, shall be subject to annual registration and change of name or address notification pursuant to sections 18-8307 and 18-8309,…

18-8408. Providing list to superintendent of public instruction. The Idaho state police shall provide to the superintendent of public instruction, quarterly and on request, a list of registered juvenile sex offenders in the state. The superintendent of public instruction subseque…

18-8409. Failure to register, penalties. (1) A juvenile sex offender who fails to register or provide notification of a change of name or address is guilty of a misdemeanor. (2) A parent of a juvenile sex offender commits the misdemeanor offense of failure to supervise a child if…

18-8410. Transfer to adult registry. When a registered juvenile sex offender reaches twenty-one (21) years of age, the prosecutor may petition the court to transfer the offender to the adult registry, subject to the registration and notification provisions of chapter 83, title 18…

18-8411. Juveniles convicted as adults. The provisions of this section do not apply to a juvenile who is subject to registration and notification requirements of chapter 83, title 18, Idaho Code, because the offender was convicted of a sex offense as an adult.

18-8412. 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 sex offenders, has a duty to inquire, investigate or disclose any inform…

18-8413. Penalties for vigilantism or other misuse of information obtained under this chapter. Any person who uses information obtained pursuant to this chapter to commit a crime or to cause physical harm to any person or damage to property shall be guilty of a misdemeanor and, i…

18-8414. Juvenile sex offender — Prohibited employment. (1) Except as provided in section 18-8328, Idaho Code, it is a felony for any person to: apply for or to accept employment at a day care center, group day care facility or family day care home; or to be upon or to remain on …

18-8501. Short title. This chapter shall be known and may be cited as the "Idaho Criminal Gang Enforcement Act."

18-8502. Definitions. As used in this chapter: (1) "Criminal gang" means an ongoing organization, association, or group of three (3) or more persons, whether formal or informal, that has a common name or common identifying sign or symbol, whose members individually or collectivel…

18-8503. Punishment. (1) An adult, or any juvenile waived to adult court pursuant to section 20-508 or 20-509, Idaho Code, who is convicted of any felony or misdemeanor enumerated in section 18-8502(3), Idaho Code, that is knowingly committed for the benefit or at the direction o…

18-8504. Recruiting criminal gang members. (1) A person commits the offense of recruiting criminal gang members by: (a) Knowingly soliciting, inviting, encouraging or otherwise causing a person to actively participate in a criminal gang; or (b) Knowingly using force, threats, vio…

18-8505. Supplying firearms to a criminal gang. (1) A person commits the offense of supplying firearms to a criminal gang if the person knows an individual is a gang member and supplies, sells or gives possession or control of any firearm to that gang member. (2) Subsection (1) o…

18-8506. Adoption of local regulations. This chapter does not prevent any county, city or other political subdivision from adopting and enforcing ordinances or resolutions consistent with this chapter relating to criminal gangs and criminal gang violations.

18-8601. Legislative intent. It is the intent of the legislature to address the growing problem of human trafficking and to provide criminal sanctions for persons who engage in human trafficking in this state. In addition to the other provisions enumerated in this chapter, the le…

18-8602. definitions. As used in this chapter: (1) "Coercion" means compulsion or a threat, including but not limited to: (a) Abusing or threatening abuse of the law or legal process against a person or a third party; (b) Causing a person, without the person’s consent, to become …

18-8603. penalties. (1) A person who commits human sex trafficking as described in section 18-8607, Idaho Code, shall be guilty of a felony punishable by imprisonment for a period of no less than five (5) years and no more than twenty-five (25) years, or by a fine of no less than…

18-8604. Restitution — Rehabilitation. (1) In addition to any other amount of loss resulting from a violation of section 18-8607, 18-8608, 18-8609, or 18-8610, Idaho Code, the court shall order restitution, as applicable, including the greater of: (a) The gross income or value to…

18-8605. authority of the attorney general. (1) The attorney general shall employ such attorneys, investigators, and other personnel as necessary to carry out the following responsibilities using funds allocated to the office of the attorney general for such purpose: (a) To issue…

18-8606. safe harbor provisions. (1) Diversion of minor victim. (a) When a minor is alleged to have committed any offense not listed in section 18-310(2), Idaho Code, a prosecutor shall divert the offense if the minor committed the offense as a direct and immediate result of bein…

18-8607. Human sex trafficking. A person commits the felony of human sex trafficking if the person knowingly: (1) Traffics another person and causes or attempts to cause, through force, fraud, or coercion, the trafficked person to engage in or become the victim of: (a) Commercial…

18-8608. human sex trafficking of a child. A person who is eighteen (18) years of age or older commits the felony of human sex trafficking of a child if the person: (1) Traffics a child and knowingly, by any means, causes or attempts to cause the trafficked person to engage in or…

18-8609. human labor trafficking. A person commits the felony of human labor trafficking if the person knowingly: (1) Traffics another person with the intent that the trafficked person engage in forced labor or services; or (2) Receives any benefit from participating in a venture…

18-8610. human labor trafficking of a child. A person commits the felony of human labor trafficking of a child if the person knowingly: (1) Traffics a child with the intent that the trafficked child engage in forced labor or services; or (2) Receives any benefit from participatin…

18-8611. property subject to forfeiture. (1) Any person who is found guilty of, who enters a plea of guilty for, or who is convicted of a violation of section 18-8607, 18-8608, 18-8609, or 18-8610, Idaho Code, no matter the form of the judgment or order withholding judgment, shal…

18-8612. 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…

18-8613. 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…

18-8614. 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 availa…

18-8615. INSTITUTION OF PROCEEDINGS — THIRD PARTIES. Upon the filing of a part II forfeiture request pursuant to section 18-8613, 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 18-8611, Idaho Co…

18-8616. PERSONAL PROPERTY — RIGHTS OF THIRD PARTIES. (1) Within five (5) days of any of the events specified in section 18-8615, 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, …

18-8617. 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 a…

18-8618. 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…

18-8619. bar on intervention. Except as provided in sections 18-8616 and 18-8617, 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…

18-8620. jurisdiction — depositions. (1) The district courts of the state of Idaho shall have jurisdiction over: (a) Property for which forfeiture is sought that is within the state at the time the action is filed; and (b) The interest of a co-owner or interest holder in the prop…

18-8621. 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 satis…

18-8622. FORFEITURE OF SUBSTITUTE PROPERTY. If any of the property described in section 18-8611, 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…

18-8701. short title. This chapter shall be known and may be cited as the "No Public Funds for Abortion Act."

18-8702. definitions. As used in this chapter: (1) "Abortion" means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termin…

18-8703. Government Contracts with Abortion Providers or Their Affiliates Prohibited. (1) The state, a county, a city, a public health district, a public school district, or any local political subdivision thereof may not enter into any contract or commercial transaction with an …