T18CH1
Title 18 > T18CH1
Sections (23)
18-100
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 1 PRELIMINARY PROVISIONS 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 prosecutions for such offenses shall be governed by the prior law, which is continued in effect for that purpose, as if this code were not in force. For the purposes of this section, an offense was committed prior to the effective date of this code if any of the elements of the offense occurred prior thereto. (3) In any case pending on or after the effective date of this code, involving an offense committed prior to such date: (a) procedural provisions of this code shall govern, insofar as they are justly applicable and their application does not introduce confusion or delay; (b) provisions of this code according a defense or mitigation shall apply, with the consent of the defendant; (c) the court, with the consent of the defendant, may impose sentence under the provisions of this code applicable to the offense and the offender. (4) The purpose of this code is to re-establish the criminal laws of the state of Idaho that existed on December 31, 1971, unless otherwise specifically amended or repealed by this act. Any provision of law that was in effect on December 31, 1971, is not repealed by inference or implication by enactment of this code. (5) Any reference to the Penal and Correctional Code in effect on and between January 1, 1972 and March 31, 1972 (Chapter 143, Session Laws of 1971) shall be deemed to refer to a comparable provision in this code. History: [I.C., sec. 18-100, as added by 1972, ch. 381, sec. 1, p. 1102.]
18-101
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 1 PRELIMINARY PROVISIONS 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 willingness to commit the act or make the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire any advantage. 2. The words neglect, negligence, negligent, and negligently, import a want of such attention to the nature of probable consequences of the act or omission as a prudent man ordinarily bestows in acting in his own concerns. 3. The word corruptly, imports a wrongful design to acquire or cause some pecuniary or other advantage to the person guilty of the act or omission referred to, or to some other person. 4. The words malice, and maliciously, import a wish to vex, annoy, or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law. 5. The word knowingly, imports only a knowledge that the facts exist which bring the act or omission within the provisions of this code. It does not require any knowledge of the unlawfulness of such act or omission. 6. The word bribe, signifies anything of value or advantage, present or prospective, or any promise or undertaking to give any, asked, given, or accepted, with a corrupt intent to influence, unlawfully, the person to whom it is given, in his action, vote or opinion, in any public or official capacity. 7. Where the word person is used in this code to designate the party whose property may be the subject of any offense, it includes this state, any other state, any territory, government, or country, which may lawfully own property within this state, and all public and private corporations or joint associations, as well as individuals. History: [18-101, added 1972, ch. 336, sec. 1, p. 846.]
18-101A
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 1 PRELIMINARY PROVISIONS 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 means a facility for the confinement of prisoners or juvenile offenders. The term shall be construed to include references to terms including, but not limited to, prison, state prison, state penitentiary, governmental detention facility, penal institution (facility), correctional institution, juvenile correctional center, Idaho security medical program, detention institution (facility), juvenile detention center (facility), county jail, jail, private prison (facility), private correctional facility, or those facilities that detain juvenile offenders pursuant to a contract with the Idaho department of juvenile corrections. (2) In-state prisoner means any person who has been charged with or convicted of a crime in the state of Idaho or who is being detained pursuant to a court order, and: (a) Who is being housed in any state, local or private correctional facility; or (b) Who is being transported in any manner within or through the state of Idaho. (3) Local correctional facility means a facility for the confinement of prisoners operated by or under the control of a county or city. The term shall include references to county jail, or jail. The term shall also include a private correctional facility housing prisoners under the custody of the state board of correction, the county sheriff or other local law enforcement agency. (4) Out-of-state prisoner or out-of-state inmate means any person who is convicted of and sentenced for a crime in a state other than the state of Idaho, or under the laws of the United States or other foreign jurisdiction, and: (a) Who is being housed in any state, local or private correctional facility in the state of Idaho; or (b) Who is being transported in any manner within or through the state of Idaho. (5) Parolee means a person who has been convicted of a felony and who has been placed on parole by the Idaho commission of pardons and parole or similar body of another state, the United States, or a foreign jurisdiction, who is not incarcerated in any state, local or private correctional facility, and who is being supervised by employees of the Idaho department of correction. (6) Prisoner means a person who has been convicted of a crime in the state of Idaho or who is being detained pursuant to a court order, or who is convicted of and sentenced for a crime in a state other than the state of Idaho, or under the laws of the United States or other foreign jurisdiction, and: (a) Who is being housed in any state, local or private correctional facility; or (b) Who is being transported in any manner within or through the state of Idaho. The term shall be construed to include references to terms
18-101B
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 1 PRELIMINARY PROVISIONS 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 criminal laws of the state of Idaho. (2) Any offense which would be a criminal act if committed by an in-state prisoner housed in a state, local or private correctional facility, or in custody during transport within or through the state of Idaho, including escape from such facility or during transport, and any penalty for such offense, shall apply in all respects to an out-of-state prisoner. (3) Any offense which would be a criminal act if committed by an officer, employee or agent of a state or local correctional facility, and any penalty for such offense, shall apply in all respects to the officers, employees and agents of a private correctional facility located in the state of Idaho. History: [18-101B, added 2000, ch. 272, sec. 2, p. 788.]
18-102
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 1 PRELIMINARY PROVISIONS 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. History: [18-102, added 1972, ch. 336, sec. 1, p. 847.]
18-103
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 1 PRELIMINARY PROVISIONS 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 herein, does not affect any right to recover or enforce the same. History: [18-103, added 1972, ch. 336, sec. 1, p. 847.]
18-104
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 1 PRELIMINARY PROVISIONS 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 other person holding any trust, appointment, or other special authority conferred by law, does not affect such forfeiture or power, or any proceeding authorized by law to carry into effect such removal, deposition, or suspension. History: [18-104, added 1972, ch. 336, sec. 1, p. 847.]
18-105
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 1 PRELIMINARY PROVISIONS 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. History: [18-105, added 1972, ch. 336, sec. 1, p. 847.]
18-106
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 1 PRELIMINARY PROVISIONS 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. History: [18-106, added 1972, ch. 336, sec. 1, p. 847.]
18-107
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 1 PRELIMINARY PROVISIONS 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 be prescribed by this code. History: [18-107, added 1972, ch. 336, sec. 1, p. 847.]
18-109
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 1 PRELIMINARY PROVISIONS 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. Disqualification to hold and enjoy any office of honor, trust or profit in this state. History: [18-109, added 1972, ch. 336, sec. 1, p. 848.]
18-110
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 1 PRELIMINARY PROVISIONS 18-110. Grades of crime. Crimes are divided into: 1. Felonies; and 2. Misdemeanors. History: [18-110, added 1972, ch. 336, sec. 1, p. 848.]
18-111
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 1 PRELIMINARY PROVISIONS 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 dollars ($300) and for which no period of incarceration may be imposed. Every other crime is a misdemeanor. When a crime punishable by imprisonment in the state prison is also punishable by fine or imprisonment in a county jail, in the discretion of the court, it shall be deemed a misdemeanor for all purposes after a judgment imposing a punishment other than imprisonment in the state prison. History: [18-111, added 1972, ch. 336, sec. 1, p. 848; am. 1982, ch. 353, sec. 6, p. 878; am. 2014, ch. 236, sec. 1, p. 596.]
18-111A
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 1 PRELIMINARY PROVISIONS 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 be punishable, unless otherwise provided in a specific act, according to the General Felony Statute in the state of Idaho contained in section 18-112 , Idaho Code. History: [I.C., sec. 18-111A, as added by 1972, ch. 381, sec. 2, p. 1102.]
18-111B
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 1 PRELIMINARY PROVISIONS 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, unless otherwise provided for in a specific act, as provided under the General Misdemeanor Statute contained in section 18-113 , Idaho Code. History: [I.C., sec. 18-111B, as added by 1972, ch. 381, sec. 3, p. 1102.]
18-112
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 1 PRELIMINARY PROVISIONS 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), or by both such fine and imprisonment. History: [18-112, added 1972, ch. 336, sec. 1, p. 848; am. 1994, ch. 134, sec. 1, p. 307.]
18-112A
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 1 PRELIMINARY PROVISIONS 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 imposition of a fine. History: [18-112A, added 1986, ch. 312, sec. 1, p. 763; am. 1994, ch. 134, sec. 2, p. 307.]
18-113
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 1 PRELIMINARY PROVISIONS 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 dollars (1,000). This paragraph shall not apply if the specific misdemeanor statute provides for the imposition of a fine. History: [18-113, added 1972, ch. 336, sec. 1, p. 848; am. 1994, ch. 141, sec. 1, p. 315; am. 2005, ch. 359, sec. 1, p. 1133.]
18-113A
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 1 PRELIMINARY PROVISIONS 18-113A. Punishment for infraction. Every offense declared to be an infraction is punishable only by a penalty not exceeding three hundred dollars (15.50) for an infraction without a specific penalty set under subsection (1), (2) or (3) of this section. History: [18-113A, added 1982, ch. 353, sec. 7, p. 878; am. 2014, ch. 236, sec. 2, p. 596; am. 2015, ch. 198, sec. 1, p. 608.]
18-113B
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 1 PRELIMINARY PROVISIONS 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 discretion of a court or arresting officer, be placed in a juvenile detention facility or juvenile shelter care facility rather than in a county jail pending arraignment or trial, if arrested or held on bond. The option of placing a juvenile in such a facility shall not affect the misdemeanor or felony status of the offense. (2) 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 discretion of the court, be sentenced: (a) To serve time in a juvenile detention facility rather than in a county jail; or (b) To serve time in a community sentencing alternative when a mandatory minimum period of incarceration is not required by statute. The option of placing a juvenile in such a facility shall not affect the misdemeanor or felony status of the offense. History: [18-113B, added 1984, ch. 82, sec. 1, p. 157; am. 2004, ch. 23, sec. 2, p. 26.]
18-114
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 1 PRELIMINARY PROVISIONS 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. History: [18-114, added 1972, ch. 336, sec. 1, p. 848.]
18-115
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 1 PRELIMINARY PROVISIONS 18-115. Manifestation of intent. Intent or intention is manifested by the commission of the acts and surrounding circumstances connected with the offense. History: [I.C., sec. 18-115, as added by 1972, ch. 336, sec. 1, p. 848; am. 1994, ch. 131, sec. 1, p. 296.]
18-116
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 1 PRELIMINARY PROVISIONS 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 which is an element of the offense unless the defendant proves that he did not know that it was an intoxicating substance when he consumed, smoked, sniffed, injected or otherwise ingested the substance causing the condition. History: [18-116, added 1972, ch. 336, sec. 1, p. 849; am. 1997, ch. 53, sec. 1, p. 92.]