Title 19 — CRIMINAL PROCEDURE

19-101. Legal conviction necessary to punishment. No person can be punished for a public offense except upon a legal conviction in a court having jurisdiction thereof.

19-102. Prosecution by indictment or information — Exceptions. Every public offense must be prosecuted by indictment, or information, except: 1. Where proceedings are had for the removal of civil officers of the state. 2. Offenses arising in the militia when in actual service, an…

19-103. Criminal action defined. The proceedings by which a party charged with a public offense is accused and brought to trial and punishment is known as a criminal action.

19-104. Parties to criminal actions. A criminal action is prosecuted in the name of the state of Idaho, as a party, against the person charged with the offense.

19-105. Defendant. The party prosecuted in a criminal action is designated in this code as the defendant.

19-106. Rights of defendant. In a criminal action the defendant is entitled: 1. To a speedy and public trial. 2. To be allowed counsel as in civil actions, or to appear and defend in person and with counsel.

19-107. Second prosecution prohibited. No person can be subjected to a second prosecution for a public offense for which he has once been prosecuted and convicted or acquitted.

19-108. Self-incriminating evidence — Restraint of person. No person can be compelled in a criminal action to be a witness against himself, nor can a person charged with a public offense be subjected, before conviction, to any more restraint than is necessary for his detention to…

19-109. Prerequisites to conviction. No person can be convicted of a public offense unless by the verdict of a jury, accepted and recorded by the court, or upon a plea of guilty, or upon a judgment of a probate or justice’s court, a jury having been waived, in a criminal case not…

19-110. Expedition of court proceedings. In all criminal cases and juvenile fact finding hearings that involve a child victim or witness, the court and the prosecuting attorney shall take all appropriate actions to ensure a speedy trial in order to minimize the length of time the…

19-201. Lawful resistance. Lawful resistance to the commission of a public offense may be made: 1. By the party about to be injured. 2. By other parties.

19-201A. legislative intent — castle doctrine and stand your ground. It is the intent of the legislature to incorporate provisions of the castle doctrine and stand your ground provided in Idaho case law and jury instructions into certain sections of this chapter and in section 18…

19-202. Resistance by threatened party. (1) Resistance sufficient to prevent the offense may be made by the person about to be injured: (a) To prevent an offense against his person, or his family, or some member thereof; or (b) To prevent an illegal attempt by force to take or in…

19-202A. defense of self, others and certain places. (1) No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting himself or his family by reasonable means necessary, or when coming to the aid of another whom he reasonably believes to be in …

19-203. Resistance by other parties. Any other person, in aid or defense of the person about to be injured, may make resistance sufficient to prevent the offense.

19-204. Prevention of offenses by officers of justice. Public offenses may be prevented by the intervention of the officers of justice: 1. By requiring security to keep the peace. 2. By forming a police in cities and towns, and by requiring their attendance in exposed places. 3. …

19-205. Prevention by persons assisting officers. When the officers of justice are authorized to act in the prevention of public offenses, other persons who, by their command, act in their aid, are justified in so doing.

19-206. Security to keep peace — Information of threatened offense. An information may be laid before any magistrate that a person has threatened to commit an offense against the person or property of another.

19-207. Examination of complainant. When the information is laid before such magistrate he must examine on oath the informer, and any witness he may produce, and must take their depositions in writing and cause them to be subscribed by the parties making them.

19-208. Warrant of arrest. If it appears from the depositions that there is just reason to fear the commission of the offense threatened by the person so informed against, the magistrate must issue a warrant, directed generally to the sheriff of the county or any constable, marsh…

19-209. Hearing of controverted charge. When the person informed against is brought before the magistrate, if the charge be controverted the magistrate must take testimony in relation thereto. The evidence must be reduced to writing and subscribed by the witnesses.

19-210. Discharge of accused. If it appears that there is no just reason to fear the commission of the offense alleged to have been threatened, the person complained of must be discharged.

19-211. Security to keep the peace. If, however, there is just reason to fear the commission of the offense, the person complained of may be required to enter into an undertaking in such sum, not exceeding $5,000, as the magistrate may direct, with one or more sufficient sureties…

19-212. Effect of giving or refusing security. If the undertaking required by the last section is given, the party informed of must be discharged. If he does not give it, the magistrate must commit him to prison, specifying in the warrant the requirement to give security, the amo…

19-213. Commitment for not giving security. If the person complained of is committed for not giving the undertaking required, he may be discharged by any magistrate upon giving the same.

19-214. Security filed in clerk’s office. The undertaking must be filed by the magistrate in the office of the clerk of the district court.

19-215. Security for threats to assault. A person who, in the presence of a court magistrate, assaults or threatens to assault another, or to commit an offense against his person or property, may be ordered by the court or magistrate to give security, as in this chapter provided,…

19-216. Breach of security. Upon the conviction of the person informed against, of a breach of the peace, the undertaking is broken.

19-217. Action on undertaking. Upon the prosecuting attorney’s producing evidence of such conviction to the district court of the county, the court must order the undertaking to be prosecuted, and the prosecuting attorney must thereupon commence an action upon it in the name of t…

19-218. Evidence of breach. In the action the offense stated in the record of conviction must be alleged as a breach of the undertaking, and such record is conclusive evidence of the breach.

19-219. Provisions of chapter exclusive. Security to keep the peace, or to be of good behavior, cannot be required except as prescribed in this chapter.

19-220. Public peace — How preserved. The mayor or other officer having the direction of the police of a city or town, must order a force sufficient to preserve the peace to attend any public meeting, when he is satisfied that a breach of the peace is reasonably apprehended.

19-221. Suppression of riots — Officers may command assistance. When a sheriff or other public officer, authorized to execute process, finds, or has reason to apprehend, that resistance will be made to the execution of the process, he may command as many bona fide male citizens, …

19-222. Certificate of person resisting process. The officer must certify to the court from which the process is issued, the names of the persons resisting and their aiders and abettors, to the end that they may be proceeded against for their contempt of court.

19-223. Governor may call out militia. If it appears to the governor that the civil power of any county is not sufficient to enable the sheriff to execute process delivered to him, he must, upon the application of the sheriff of the county, order such portion as shall be sufficie…

19-224. Commanding rioters to disperse. Where any number of persons, whether armed or not, are unlawfully or riotously assembled, the sheriff of the county and his deputies or the officials governing the town or city shall go among the persons assembled, or as near to them as pos…

19-225. Arrest of rioters. If the persons assembled do not immediately disperse, such magistrates and officers must arrest them, and to that end may command the aid of all persons present or within the county.

19-226. Command of armed force. When an armed force is called out for the purpose of suppressing an unlawful or riotous assembly, or arresting the offenders, and is placed under the temporary direction of any civil officer, it must obey the orders in relation thereto of such civi…

19-227. Proclamation of insurrection. When the governor is satisfied that the execution of civil or criminal process has been forcibly resisted in any county by bodies of men, or that combinations to resist the execution of process by force exist in any county, and that the power…

19-228. Disobedience of proclamation. Any person who, after the publication of such proclamation, resists or aids in resisting the execution of process in any county so declared to be in a state of insurrection, or who aids or attempts the rescue or escape of any person from lawf…

19-229. Revocation of proclamation. The governor may, when he thinks proper, revoke the proclamation authorized by the last section, or declare that it shall cease at the time and in the manner directed by him.

19-301. All offenders liable to punishment. (1) Jurisdiction – venue. Every person is liable to punishment by the laws of this state, for a public offense committed by him therein, except where it is by law cognizable exclusively in the courts of the United States. Evidence that …

19-302. Offenses commenced without the state. When the commission of a public offense, commenced without the state is consummated within its boundaries, the defendant is liable to punishment therefor in this state, though he was out of the state at the time of the commission of t…

19-304. Offenses committed in different counties. (1) When a public offense is committed in part in one (1) county and in part in another, or the acts or effects thereof constituting or requisite to the consummation of the offense occur in two (2) or more counties, the venue is i…

19-305. Offenses committed on or near county boundaries. When a public offense is committed on the boundary of two (2) or more counties, or within five hundred (500) yards thereof, if the place where the crime is committed cannot be ascertained with reasonable certainty by the la…

19-306. Offenses committed on boats, vessels, trains, motor vehicles or aircraft. When an offense is committed in this state, on board a boat, vessel, railroad train, motor vehicle or aircraft, the venue is in the county through which the boat, vessel, railroad train, motor vehic…

19-307. Kidnaping and similar offenses. In any case where a person: 1. Seizes, confines, inveigles or kidnaps another, with intent to cause him, without authority of law, to be secretly confined or imprisoned within this state, or to be sent out of this state, or in any way held …

19-308. Bigamy or incest. When the offense either of bigamy or incest is committed in one county, and the defendant is apprehended in another, the venue is in either county.

19-309. Stolen property carried from county to county. When property taken in one county by burglary, robbery, or theft has been brought into another, the venue of the offense is in either county. But, if at any time before the conviction of the defendant in the latter, he is ind…

19-310. Escape from prison. The venue of a criminal action for escaping from prison is in any county of the state.