Title 18, CRIMES AND PUNISHMENTS

18-100. Title, effect of prior law and statement of legislative intent. (1) This title is called the Criminal Code. (2) Except as provided in subsection (3) of this section, this code does not apply to offenses committed prior to its effective date [April 1, 1972] and prosecution…

18-101. Definition of terms. The following words have in this code the signification attached to them in this section, unless otherwise apparent from the context: 1. The word "wilfully," when applied to the intent with which an act is done or omitted, implies simply a purpose or …

18-101A. Definitions. As used in titles 18, 19 and 20, Idaho Code, and elsewhere in the Idaho Code, unless otherwise specifically provided or unless the context clearly indicates or requires otherwise, the following terms shall be defined as follows: (1) "Correctional facility" m…

18-101B. Criminal laws applicable to out-of-state prisoners and personnel of private correctional facilities. (1) An out-of-state prisoner and personnel of a private prison contractor employed at a private correctional facility in the state of Idaho shall be subject to all crimin…

18-102. Sufficiency of intent to defraud. Whenever, by any of the provisions of this code, an intent to defraud is required in order to constitute any offense, it is sufficient if an intent appears to defraud any person, association, or body politic or corporate, whatever.

18-103. Civil remedies preserved. The omission to specify or affirm in this code any liability to damages, penalty, forfeiture, or other remedy imposed by law and allowed to be recovered or enforced in any civil action or proceeding, for any act or omission declared punishable he…

18-104. Proceedings to remove officers preserved. The omission to specify or affirm in this code any ground of forfeiture of a public office, or other trust or special authority conferred by law, or any power conferred by law to remove, depose, or suspend any public officer, or o…

18-105. Courts may punish for contempt. This code does not affect any power conferred by law upon any public body, tribunal or officer, to impose or inflict punishment for a contempt.

18-106. Court to impose punishment. The several sections of this code which declare certain crimes to be punishable as therein mentioned, devolve a duty upon the court authorized to pass sentence, to determine and impose the punishment prescribed.

18-107. Determination of punishment by court. Whenever, in this code, the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case, must be determined by the court authorized to pass sentence within such limits as may…

18-109. Definition of crime. A crime or public offense is an act committed or omitted in violation of a law forbidding or commanding it, and to which is annexed, upon conviction, either of the following punishments: 1. Death. 2. Imprisonment. 3. Fine. 4. Removal from office; or 5…

18-110. Grades of crime. Crimes are divided into: 1. Felonies; and 2. Misdemeanors.

18-111. Felony, misdemeanor and infraction defined. A felony is a crime which is punishable with death or by imprisonment in the state prison. An infraction is a civil public offense, not constituting a crime, which is punishable only by a penalty not exceeding three hundred doll…

18-111A. Felony defined further. Wherever the words felony, felony in the first degree, felony in the second degree, or felony in the third degree are used in the entire Idaho Code as well as the 1972 Session Law amendments thereto, the same shall be defined as a felony and shall…

18-111B. Misdemeanor defined further. Wherever the words misdemeanor, petty misdemeanor or violation are used in the entire Idaho Code as well as the 1972 Session Law amendments thereto, these terms or any of them shall be construed to mean misdemeanor and shall be punished, unle…

18-112. Punishment for felony. Except in cases where a different punishment is prescribed by this code, every offense declared to be a felony is punishable by imprisonment in the state prison not exceeding five (5) years, or by fine not exceeding fifty thousand dollars ($50,000),…

18-112A. Fine authorized. In addition to any other punishment prescribed for felonies in specific statutes of the Idaho Code, the court may also impose a fine of up to fifty thousand dollars ($50,000). This section shall not apply if the specific felony statute provides for the i…

18-113. Punishment for misdemeanor. (1) Except in cases where a different punishment is prescribed in this code, every offense declared to be a misdemeanor, is punishable by imprisonment in a county jail not exceeding six (6) months, or by a fine not exceeding one thousand dollar…

18-113A. Punishment for infraction. Every offense declared to be an infraction is punishable only by a penalty not exceeding three hundred dollars ($300) as provided in this section and no imprisonment. The penalty for an infraction shall be: (1) The amount set by statute; (2) Su…

18-113B. Incarceration of juveniles for misdemeanor or felony offenses. (1) Juveniles committing offenses which lie outside the scope of the juvenile corrections act, chapter 5, title 20, Idaho Code, and not charged under section 20-508 or 20-509, Idaho Code, may, in the discreti…

18-114. Union of act and intent. In every crime or public offense there must exist a union, or joint operation, of act and intent, or criminal negligence.

18-115. Manifestation of intent. Intent or intention is manifested by the commission of the acts and surrounding circumstances connected with the offense.

18-116. Intoxication no excuse for crime. A person who is in an intoxicated condition is criminally responsible for his conduct and an intoxicated condition is not a defense to any offense and may not be taken into consideration in determining the existence of a mental state whic…

18-201. Persons capable of committing crimes. All persons are capable of committing crimes, except those belonging to the following classes: 1. Persons who committed the act or made the omission charged, under an ignorance or mistake of fact which disproves any criminal intent. 2…

18-202. Territorial jurisdiction over accused persons liable to punishment. The following persons are liable to punishment under the laws of this state: 1. All persons who commit, in whole or in part, any crime within this state. 2. All who commit larceny or robbery out of this s…

18-203. Classification of parties. The parties to crimes are classified as: 1. Principals; and 2. Accessories.

18-204. Principals defined. All persons concerned in the commission of a crime, whether it be felony or misdemeanor, and whether they directly commit the act constituting the offense or aid and abet in its commission, or, not being present, have advised and encouraged its commiss…

18-205. Accessories defined. All persons are accessories who, having knowledge that a felony has been committed: (1) Willfully withhold or conceal it from a peace officer, judge, magistrate, grand jury or trial jury; or (2) Harbor and protect a person who committed such felony or…

18-206. Punishment of accessories. Except in cases where a different punishment is prescribed, an accessory is punishable by imprisonment in the state prison not exceeding five (5) years, or by fine not exceeding fifty thousand dollars ($50,000), or by both such fine and imprison…

18-207. Mental condition not a defense — Provision for treatment during incarceration — Reception of evidence — Notice and appointment of expert examiners. (1) Mental condition shall not be a defense to any charge of criminal conduct. (2) If by the provisions of section 19-2523, …

18-210. Lack of capacity to understand proceedings — Delay of trial. No person who as a result of mental disease or defect lacks capacity to understand the proceedings against him or to assist in his own defense shall be tried, convicted, sentenced or punished for the commission …

18-211. Examination of defendant — Appointment of psychiatrists and licensed psychologists — Hospitalization — Report. [effective until January 1, 2027] (1) Whenever there is reason to doubt the defendant’s fitness to proceed as set forth in section 18-210, Idaho Code, the court …

18-212. Determination of fitness of defendant to proceed — Suspension of proceeding and commitment of defendant — Postcommitment hearing. [effective until January 1, 2027] (1) When the defendant’s fitness to proceed is drawn in question, the issue shall be determined by the court…

18-215. Admissibility of statements by examined person. A statement made by a person subjected to psychiatric or psychological examination or treatment pursuant to sections 18-211, 18-212 or 19-2522, Idaho Code, for the purposes of such examination or treatment shall not be admis…

18-217. Mental health records of offenders. (1) For purposes of care, treatment or normal health care operations, records of mental health evaluation, care and treatment shall be provided upon request to and from the mental health professionals of a governmental entity and anothe…

18-302. Punishment for acts also punishable as contempts. A criminal act is not the less punishable as a crime because it is also declared to be punishable as a contempt.

18-303. Common law offenses — Punishment — Imprisonment for nonpayment of fine. All offenses recognized by the common law as crimes and not herein enumerated are punishable, in case of felony, by imprisonment in the state prison for a term not less than one (1) year nor more than…

18-304. Aiding in misdemeanors. Whenever an act is declared a misdemeanor, and no punishment for counseling, aiding in, soliciting or inciting the commission of such acts is expressly prescribed by law, every person who counsels, aids, solicits or incites another in the commissio…

18-305. Conviction of attempt when crime is consummated. Any person may be convicted of an attempt to commit a crime, although it appears on the trial that the crime intended or attempted was perpetrated by such person in pursuance of such attempt, unless the court, in its discre…

18-306. Punishment for attempts. Every person who attempts to commit any crime, but fails, or is prevented or intercepted in the perpetration thereof, is punishable, where no provision is made by law for the punishment of such attempts, as follows: (1) If the offense so attempted…

18-307. Attempt resulting in different crime. The last two (2) sections do not protect a person who, in attempting unsuccessfully to commit a crime, accomplishes the commission of another and different crime, whether greater or less in guilt, from suffering the punishment prescri…

18-308. Successive terms of imprisonment. When any person is convicted of two (2) or more crimes before sentence has been pronounced upon him for either, the imprisonment to which he is sentenced upon the second or other subsequent conviction, in the discretion of the court, may …

18-309. Computation of term of imprisonment. (1) In computing the term of imprisonment, the person against whom the judgment was entered shall receive credit in the judgment for any period of incarceration prior to entry of judgment, if such incarceration was for the offense or a…

18-310. Imprisonment — Effect on civil rights and offices. (1) A sentence of custody to the Idaho state board of correction suspends all the civil rights of the person so sentenced, including the right to refuse treatment authorized by the sentencing court, and forfeits all publi…

18-312. Convicts — Capacity as witnesses — Capacity to convey property. The provisions of the last two (2) preceding sections must not be construed to render the persons therein mentioned incompetent as witnesses upon the trial of a criminal action or proceeding, or incapable of …

18-313. Protection of person of convict. The person of a convict sentenced to imprisonment in the state prison is under the protection of the law, and any injury to his person, not authorized by law, is punishable in the same manner, as if he were not convicted or sentenced.

18-314. Property of convict not forfeited. No conviction of any person for crime works any forfeiture of any property, except in cases in which a forfeiture is expressly imposed by law; and all forfeitures to the people of this state, in the nature of a deodand, or where any pers…

18-315. Omission of public duty. Every wilful omission to perform any duty enjoined by law upon any public officer, or person holding any public trust or employment, where no special provision shall have been made for the punishment of such delinquency, is punishable as a misdeme…

18-317. Punishment of offenses for which no penalty is fixed. When an act or omission is declared by a statute to be a public offense and no penalty for the offense is prescribed in any statute, the act or omission is punishable as a misdemeanor.

18-401. Desertion and nonsupport of children or spouse. Every person who: (1) Having any child under the age of eighteen (18) years dependent upon him or her for care, education or support, deserts such child in any manner whatever, with intent to abandon it; (2) Willfully omits,…