Title 18 — CRIMES AND PUNISHMENTS

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. 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: (1) To issue, by…

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 …

18-8704. Contracts for Abortion Procedures Prohibited. (1) No health care facility owned or operated by the state, a county, a city, a public health district, a public school district, or any political subdivision or agency thereof shall enter into any contract or commercial tran…

18-8705. Use of Public Funds for Abortion Prohibited. (1) No public funds made available by the state, a county, a city, a public health district, a public school district, or any local political subdivision or agency thereof and distributed by any institution, board, commission,…

18-8706. Use of School Tuition and Fees for Abortion Prohibited. No part of any tuition or fees paid to a public institution of higher education shall be used in any way to pay for an abortion, provide or perform an abortion, provide counseling in favor of abortion, make a referr…

18-8707. Abortion-Related Activities Prohibited in School-Based Health Clinics and sex education curricula. (1) No facility operated at a public institution of higher education or operated by a public school district shall provide any of the following services to any person: (a) …

18-8708. Use of Public Facilities and Assets for Abortion Prohibited. (1) No public institution, public facility, public equipment, or other physical asset owned, leased, or controlled by this state, a county, a city, a public health district, a public school district, or any loc…

18-8709. Penalty for violation. Any intentional violation of the provisions of this chapter by a public officer or public employee shall be considered a misuse of public moneys punishable under section 18-5702, Idaho Code.

18-8710. construction. Nothing in this chapter shall be construed as creating or recognizing a right to abortion. Nothing in this chapter shall be construed as creating or recognizing a right to federal or state funds for abortion.

18-8711. severability. Any provision of this chapter held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless such holding shall be one of utter invalidity or une…

18-8801. definitions. As used in this chapter: (1) "Abortion" means the use of any means to intentionally terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the preborn …

18-8802. legislative findings and intent. The legislature finds and declares that: (1) The life of each human being begins at fertilization, and preborn children have interests in life, health, and well-being that should be protected. (2) The cardiopulmonary definition of death, …

18-8803. determination of fetal heartbeat. Any person who intends to perform or induce an abortion on a pregnant woman must determine if there is the presence of any fetal heartbeat, except in the case of a medical emergency. In testing for any fetal heartbeat, the person conduct…

18-8804. abortion following detection of a fetal heartbeat prohibited. (1) A person may not perform an abortion on a pregnant woman when a fetal heartbeat has been detected, except in the case of a medical emergency, in the case of rape as defined in section 18-6101, Idaho Code, …