Idaho Criminal Laws: Felony and Misdemeanor Classes, Theft, Self-Defense and Bail
Idaho criminal law basics: felony and misdemeanor classes and penalties, the felony theft amount, stand your ground and castle doctrine, statutes of limitations, bail and public defenders, from state statutes.
Quick answers for Idaho
- How much theft is a felony
- Theft is grand theft (a felony) when the value of the property taken exceeds one thousand dollars ($1,000). Idaho Code §§ 18-2407(1)(b), (2); 18-2408(2)(a), (3)
- Stand your ground / duty to retreat
- Idaho is a stand-your-ground state by statute: a person "need not retreat from any place that person has a right to be" and may use force that would appear necessary to a reasonable person in a similar situation, judged without hindsight. Idaho Code § 19-202A(1), (3), (4)
- Criminal statutes of limitations
- There is no time limit for prosecuting murder; voluntary manslaughter; rape under § 18-6101(3) through (10); sexual abuse of a child, lewd conduct with a child or aggravated lewd conduct with a child; Idaho Code §§ 19-401, 19-402, 19-403
- Marijuana possession
- Marijuana is not legal for adult or medical use in Idaho. Possession of three (3) ounces net weight or less is a misdemeanor punishable by up to one (1) year in jail, a fine up to $1,000, or both, and a person 18 or older is also subject to a fine of not less than $300. Idaho Code § 37-2732(c)(3), (e)
Last verified: 2026-10-27
Felonies, misdemeanors and theft
| Felony classes and maximum sentences | Idaho does not sort felonies into lettered classes; each statute sets its own penalty. A felony is a crime punishable with death or by imprisonment in the state prison. Except where a different punishment is prescribed, every felony is punishable by imprisonment in the state prison not exceeding five (5) years, or by a fine not exceeding fifty thousand dollars ($50,000), or both. Definition: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch1/sect18-111/ Source: Idaho Code §§ 18-111, 18-112 |
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| Misdemeanor classes and maximum penalties | Idaho has a single misdemeanor category: every crime that is not a felony is a misdemeanor. Unless a different punishment is prescribed, a misdemeanor is punishable by up to six (6) months in county jail, a fine of up to $1,000, or both. An infraction is a civil public offense, not a crime, punishable only by a penalty not exceeding three hundred dollars ($300), with no incarceration; if no specific penalty is set, the infraction penalty is $15.50. Infractions: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch1/sect18-113a/ |
| How much theft is a felony | Theft is grand theft (a felony) when the value of the property taken exceeds one thousand dollars ($1,000). Grand theft by value is punishable by a fine not exceeding $5,000, or imprisonment in the state prison for not less than one (1) year nor more than fourteen (14) years, or both. Other grand theft categories include certain livestock or animals exceeding $150 in value and property with an aggregate value over $50.00 stolen in three or more incidents within a criminal episode. Theft that is not grand theft is petit theft, a misdemeanor punishable by a fine not exceeding $1,000, up to one year in county jail, or both. Penalties: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch24/sect18-2408/ |
Self-defense
| Stand your ground / duty to retreat | Idaho is a stand-your-ground state by statute: a person "need not retreat from any place that person has a right to be" and may use force that would appear necessary to a reasonable person in a similar situation, judged without hindsight. The statute also says no one may be placed in legal jeopardy for lawfully defending themselves or others, and places the burden on the prosecution in criminal cases. |
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| Castle doctrine (defending your home) | A person who uses force in a habitation (including its curtilage), place of business or employment, or occupied vehicle is presumed to have acted reasonably and to have had a reasonable fear of imminent peril of death or serious bodily injury when the intruder's entry is unlawful and made or attempted by force, in a violent and tumultuous manner, surreptitiously or by stealth, or to commit a felony. Homicide is justifiable in defense of habitation, place of business or employment, occupied vehicle, property or person, and a person who unlawfully and forcibly or by stealth enters these places is presumed to intend a felony. A person whose use of force is justified is immune from civil liability for that force (unless they knew or should have known the person was an on-duty law enforcement officer), and the court must award the defendant reasonable attorney's fees and costs. Justifiable homicide: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch40/sect18-4009/ ; civil immunity: https://legislature.idaho.gov/statutesrules/idstat/title6/t6ch8/sect6-808/ |
Charges, bail and your lawyer
| Criminal statutes of limitations | There is no time limit for prosecuting murder; voluntary manslaughter; rape under § 18-6101(3) through (10); sexual abuse of a child, lewd conduct with a child or aggravated lewd conduct with a child; producing sexually exploitative material under § 18-1507(2)(b); or listed acts of terrorism. Other felonies must be charged within five (5) years after commission (offenses under §§ 18-1506A and 18-1506B: three years after initial disclosure by the victim to law enforcement). Misdemeanors must be charged within one (1) year after commission, with longer periods for some offenses (for example four years for failure to report child abuse). No-limit list: https://legislature.idaho.gov/statutesrules/idstat/title19/t19ch4/sect19-401/ ; misdemeanors: https://legislature.idaho.gov/statutesrules/idstat/title19/t19ch4/sect19-403/ |
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| Bail and pretrial release | A defendant charged with a crime not punishable by death must be admitted to bail or released on own recognizance before a plea or verdict of guilty. Magistrates and district courts set bail; bail stated on a warrant applies unless the magistrate finds good cause to change it. In setting release, bail amount and conditions the court may consider factors including employment and financial condition, family ties, residence history, character, the nature of the charge, prior record and past appearance in court, community ties, and the results of a pretrial risk assessment using a tool approved by the Idaho Supreme Court. The court must not require that bail be posted only in cash; bail may be a cash deposit, property bond or surety bond. After a hearing the court may increase or reduce bail, and a defendant may apply for a reduction for good cause with notice to the prosecutor. |
| Right to a public defender | An indigent person who is detained, confined, or formally charged with a serious crime is entitled to counsel and defense services at public expense to the extent the person cannot pay. Idaho's State Public Defender provides representation. The court decides indigency, generally at the first court appearance, and presumes indigent: persons whose current monthly income does not exceed 187% of the federal poverty guidelines; persons (or their dependents) receiving public assistance such as food, health coverage, cash or child-care assistance under title 56; and persons serving a sentence in a correctional facility or housed in a mental health facility. The court may also consider income, property, obligations, dependents and the cost of bail. A convicted person may be ordered to reimburse costs unless it would cause manifest hardship. Right to counsel: https://legislature.idaho.gov/statutesrules/idstat/Title19/T19CH60/SECT19-6009 Source: Idaho Code §§ 19-6009, 19-6011 |
Other common questions
| Age of consent | Rape includes sexual intercourse where the victim is under the age of sixteen (16) years, the perpetrator is eighteen (18) years of age or older, and the victim is not lawfully married to the perpetrator; or where the victim is sixteen (16) or seventeen (17) years of age, the perpetrator is three (3) years or more older than the victim, and the victim is not lawfully married to the perpetrator. Source: Idaho Code § 18-6101(1), (2) |
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| Marijuana possession | Marijuana is not legal for adult or medical use in Idaho. Possession of three (3) ounces net weight or less is a misdemeanor punishable by up to one (1) year in jail, a fine up to $1,000, or both, and a person 18 or older is also subject to a fine of not less than $300. Possession of more than three (3) ounces is a felony punishable by up to five (5) years in prison, a fine up to $10,000, or both. Source: Idaho Code § 37-2732(c)(3), (e) |
Assault, battery and domestic violence
| Assault | Simple assault is an unlawful attempt, with apparent ability, to commit a violent injury on someone, or an intentional unlawful threat by word or act to do violence, with apparent ability, that creates a well-founded fear the violence is imminent. It is a misdemeanor punishable by a fine not exceeding $1,000, county jail not exceeding three (3) months, or both. Assault becomes aggravated assault, a felony, when it is committed with a deadly weapon or instrument (including any firearm, even unloaded), by any means or force likely to produce great bodily harm, or with vitriol, corrosive acid or a caustic chemical. Aggravated assault is punishable by up to five (5) years in state prison, a fine up to $5,000, or both. Definition: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch9/sect18-901/ ; aggravated: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch9/sect18-905/ and https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch9/sect18-906/ |
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| Battery | Idaho has a separate battery offense: any willful and unlawful use of force or violence on another person, actual and intentional unlawful touching or striking against the person's will, or unlawfully and intentionally causing bodily harm. Battery is a misdemeanor punishable by a fine up to $1,000, up to six months in county jail, or both (up to one year in jail if the person knew the victim was pregnant). Aggravated battery, a felony punishable by up to fifteen (15) years in state prison, is battery that causes great bodily harm, permanent disability or permanent disfigurement, or is committed with a deadly weapon, with acid or caustic chemicals, or with poison. Definition: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch9/sect18-903/ ; aggravated: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch9/sect18-907/ and https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch9/sect18-908/ |
| Domestic violence | Idaho charges assault or battery on a household member (a current or former spouse, someone who shares a child with the defendant, or someone living with the defendant) as domestic assault or battery. Without a traumatic injury, a first conviction is a misdemeanor (fine up to $1,000, up to one year in county jail, or both); a second conviction within ten years is a misdemeanor with up to one year in jail and a fine up to $2,000; a third offense within fifteen years is a felony with up to five years in prison and a fine up to $5,000. Domestic battery that causes a traumatic injury is a felony punishable by up to ten (10) years in prison, a fine up to $10,000, or both, and maximum penalties double when the act happens in front of a child under 16. Choking or attempting to strangle a household member or dating partner is attempted strangulation, a felony punishable by up to fifteen (15) years in state prison. Attempted strangulation: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch9/sect18-923/ . A repeat felony within 15 years after a prior felony domestic battery or attempted strangulation conviction carries up to 20 years and a $10,000 fine (§§ 18-918(5), 18-923). |
| Harassment and stalking | Stalking in the second degree is knowingly and maliciously making repeated unwanted contact (including monitoring by electronic means, sending electronic messages, or repeated calls) that seriously alarms, annoys or harasses the victim or makes a reasonable person fear death or injury; it is a misdemeanor punishable by up to one year in county jail, a fine up to $1,000, or both. It becomes stalking in the first degree, a felony punishable by one (1) to five (5) years in prison, a fine up to $10,000, or both, when it violates a protection or no-contact order or probation/parole conditions, the victim is under 16, the stalker had a deadly weapon, or the stalker has a prior stalking conviction within seven years. Separately, using a telephone, email, text or other electronic communication to annoy, terrify, threaten or harass (with obscene language, threats, or repeated messages) is a misdemeanor with up to one year in jail on a first offense and a felony with up to five years on a second or later offense. First degree: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch79/sect18-7905/ ; electronic harassment: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch67/sect18-6710/ |
Shoplifting, burglary, vandalism and trespassing
| Shoplifting and petty theft | Idaho has no separate shoplifting crime; taking merchandise is charged as theft. Any theft that is not grand theft is petit theft, a misdemeanor punishable by a fine not exceeding $1,000, up to one (1) year in county jail, or both. Theft becomes grand theft (a felony) when property with an aggregate value over $50.00 is stolen in three or more incidents during a criminal episode (a series of acts over up to three days). Under the civil shoplifting statute, a person who takes or conceals merchandise or commits retail theft also owes the merchant the retail value of the goods plus damages of not less than $100 nor more than $250, court costs and reasonable attorney's fees. Theft grades: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch24/sect18-2407/ ; civil liability: https://legislature.idaho.gov/statutesrules/idstat/title48/t48ch7/sect48-701/ . Section 18-2407 contains no rule making theft a felony because of prior petit theft convictions. |
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| Burglary and robbery | Burglary is entering a house, room, apartment, shop, warehouse, store, barn, other building, tent, vessel, closed vehicle, closed trailer, airplane or railroad car with intent to commit any theft or any felony. It is a felony punishable by not less than one (1) nor more than ten (10) years in state prison. Robbery is the felonious taking of personal property from another person or their immediate presence, against their will, by means of force or fear. Robbery is a felony punishable by not less than five (5) years in state prison, and the term may extend to life. Idaho does not divide burglary or robbery into degrees. Burglary definition: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch14/sect18-1401/ ; robbery: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch65/sect18-6501/ and https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch65/sect18-6503/ . |
| Vandalism (property damage) | Vandalism is called malicious injury to property in Idaho: intentionally damaging or destroying property that is not one's own. It is a misdemeanor punishable by up to one year in county jail, a fine up to $1,000, or both. It becomes a felony when the damage from one violation, or from a series of violations in a common scheme charged as one count, exceeds $1,000; the felony is punishable by one (1) to five (5) years in state prison, a fine up to $1,000, or both. Graffiti (painting, writing, drawing or inscribing on another's property without consent) is a separate offense, injury by graffiti, which is a misdemeanor. Graffiti: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch70/sect18-7036/ . Section 18-7036 does not state its own jail or fine; the general misdemeanor penalty is up to six months and $1,000 (§ 18-113). Source: Idaho Code §§ 18-7001, 18-7036 |
| Trespassing | Criminal trespass is entering or staying on someone else's real property without permission when the person knows or has reason to know they are not allowed, such as after being told to leave, or on land that is cultivated, fenced, or posted with "no trespassing" signs or orange paint. A first offense with no damage, where the person did not stay after being ordered to leave, is an infraction with a $300 fine; otherwise a first offense is a misdemeanor with up to six months in jail and a fine of $500 to $1,000. A second violation within five years carries up to six months and a $1,500 to $3,000 fine, and two or more prior violations within ten years carry up to one year and a $5,000 to $10,000 fine. Trespass that causes more than $1,000 in damage is a misdemeanor with larger fines, and becomes a felony (one to five years, fine of $15,000 to $50,000) with two or more prior violations within ten years. Trespass on a church or house of worship with intent to intimidate, harass or disrupt a service is also a misdemeanor under § 18-7008. Restitution is mandatory for all violations. Source: Idaho Code § 18-7008 |
Drugs and driving crimes
| Drug possession | Possessing a Schedule I narcotic drug or any Schedule II controlled substance without a valid prescription is a felony punishable by up to seven (7) years in prison, a fine up to $15,000, or both. Possessing LSD is a felony punishable by up to three years, a fine up to $5,000, or both. Possessing other non-narcotic Schedule I substances or Schedule III through VI substances is a misdemeanor punishable by up to one year, a fine up to $1,000, or both. Using or possessing drug paraphernalia is a misdemeanor punishable by up to one year in jail, a fine up to $1,000, or both. Paraphernalia: https://legislature.idaho.gov/statutesrules/idstat/title37/t37ch27/sect37-2734a/ |
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| Hit and run | A driver in a crash that injures or kills someone must stop, stay at the scene, give name, address, insurance and registration information, show a license, and give reasonable help to the injured. Leaving the scene of an injury or fatal crash is a felony punishable by a fine up to $5,000, up to five (5) years in the state penitentiary, or both, plus a one-year license revocation with no work permit. Leaving the scene of a crash that damaged only a vehicle is a misdemeanor and also brings a one-year license revocation. Property damage only: https://legislature.idaho.gov/statutesrules/idstat/title49/t49ch13/sect49-1301/ . Section 49-1301 does not state its own jail or fine; Title 49 misdemeanors are punished under §§ 18-111 to 18-113A (§ 49-236), i.e. up to six months and $1,000 unless otherwise provided. Source: Idaho Code §§ 18-8007, 49-1301 |
| Reckless driving | Reckless driving is driving on a highway or property open to the public carelessly and heedlessly, without due caution, or at a speed or in a manner that endangers or is likely to endanger people or property; it also includes passing where a lane line shows a sight-distance restriction and driving more than 20 mph over the limit in an active school or construction zone. It is a misdemeanor: a first conviction carries up to six months in jail, a fine up to $1,000, or both. A second conviction within five years carries up to one year in jail, a fine up to $2,000, or both, and the license must be suspended. The lesser offense of inattentive driving is a misdemeanor punishable by up to 90 days in jail, a fine up to $300, or both. Source: Idaho Code § 49-1401(1)-(3) |
Arrests, court dates and probation
| Resisting arrest | Willfully resisting, delaying or obstructing a public officer doing official duties (including knowingly giving a false report to a peace officer) is a misdemeanor punishable by a fine up to $1,000, up to one year in county jail, or both. Willfully fleeing or attempting to elude a police vehicle after a visual or audible signal to stop is a misdemeanor and requires a license suspension. Eluding becomes a felony if the driver goes more than 30 mph over the limit, causes property damage or bodily injury, drives in a way that endangers others or their property, or leaves the state; felony eluding brings a license suspension of at least one year and up to three years. Eluding: https://legislature.idaho.gov/statutesrules/idstat/title49/t49ch14/sect49-1404/ . Section 49-1404 sets no jail/fine; the general penalties are up to six months/$1,000 for a misdemeanor (§ 18-113) and up to five years/$50,000 for a felony (§ 18-112) unless otherwise prescribed. |
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| Missing a court date | Missing a court date after being released (with or without bail) on the condition of coming back is called bail jumping in Idaho. Failing to appear without a lawful excuse is a misdemeanor. It becomes a felony when the court date was to answer a felony charge and the person fled or went into hiding to avoid arrest, trial or punishment. When a defendant fails to appear without sufficient excuse, the court must note the failure, order the bail forfeited, and issue a bench warrant for the person's arrest. The bail-jumping statute does not apply to appearances tied to a suspended sentence, probation or parole. Bench warrant and bail forfeiture: https://legislature.idaho.gov/statutesrules/idstat/title19/t19ch29/sect19-2915/ . Unless a statute sets a different punishment, an Idaho misdemeanor is punishable by up to six (6) months in county jail, a fine of up to $1,000, or both (§ 18-113); a felony is punishable by up to five (5) years in state prison, a fine of up to $50,000, or both (§ 18-112). |
| Probation violation | A judge handles probation violations. At any time during probation the court may issue a warrant and have the person arrested; after a summary hearing the court may revoke probation and order the suspended sentence carried out, continue probation, or impose any sentence that could originally have been imposed. The court may also extend the probation period at any time, but probation with extensions may not exceed the maximum prison term for the crime. If judgment was withheld, the court may pronounce any judgment it originally could have; time spent at large on a suspended sentence does not count toward the sentence, but the person gets credit for jail time served after a probation-violation bench warrant or arrest. In deciding whether to continue or revoke, the court must consider the person's risks and needs and community treatment options. After-violation judgment and credit for time served: https://legislature.idaho.gov/statutesrules/idstat/title19/t19ch26/sect19-2603/ |
| Obstruction of justice | Idaho does not have one general obstruction-of-justice crime. Willfully resisting, delaying or obstructing a public officer doing official duties, or knowingly giving a false report to a peace officer, is punishable by a fine up to $1,000 and up to one (1) year in county jail when no other punishment is prescribed. Witness intimidation (threatening, harassing or otherwise trying to stop a witness from testifying, or retaliating after testimony) is a misdemeanor in a civil case and a felony in a criminal case or juvenile evidentiary hearing; it is no defense that the witness actually testified. Destroying, altering or hiding evidence is a misdemeanor, but a felony (up to five (5) years and a $10,000 fine) when the proceeding is criminal and involves a felony. Witness intimidation: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch26/sect18-2604/ ; evidence destruction: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch26/sect18-2603/ . The felony witness-intimidation statute does not state its own prison term; the general felony maximum in § 18-112 is five (5) years and/or $50,000. |
| Perjury (lying under oath) | Perjury is willfully stating as true, under an oath taken before a court, legislative committee, officer or other authorized person, any material matter the person knows is false. Perjury is a felony punishable by imprisonment in the state prison for not less than one (1) nor more than fourteen (14) years. Definition: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch54/sect18-5401/ Source: Idaho Code §§ 18-5401, 18-5409 |
Public conduct crimes
| Public intoxication | Idaho state law does not make simply being drunk in public a crime. The legislature's declared policy is that alcoholics, intoxicated persons or drug addicts may not be subjected to criminal prosecution or incarceration solely because of their consumption of alcoholic beverages or addiction to drugs, but should instead be offered treatment. Conduct while drunk can still be charged under other laws, such as disturbing the peace or impaired driving. Source: Idaho Code § 39-301 |
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| Disorderly conduct | Idaho calls disorderly conduct "disturbing the peace." It covers maliciously and willfully disturbing the peace or quiet of a religious gathering, house of worship, neighborhood, family or person by loud or unusual noise, tumultuous or offensive conduct, threatening, quarreling, challenging to fight, fighting, or firing a gun. Willfully disturbing a funeral, memorial service, funeral procession, burial or viewing is also covered. It is a misdemeanor, punishable by up to six (6) months in county jail, a fine up to $1,000, or both under the general misdemeanor penalty. General misdemeanor penalty: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch1/sect18-113/ |
| Indecent exposure | Indecent exposure is willfully and lewdly exposing one's genitals (or other body parts listed in the statute) in a public place or where others are present who are offended, or helping someone else do so. A first or second offense is a misdemeanor. A third conviction within five (5) years is a felony punishable by up to five (5) years in state prison. Sex-offender registration applies to indecent exposure convictions except misdemeanor convictions, so the felony form requires registration. Breastfeeding or expressing breast milk to feed a child is not covered. Registration list: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch83/sect18-8304/ . Misdemeanor penalty is the general one in § 18-113 (up to six months and/or $1,000). |
| Prostitution and solicitation | Selling sex is called "providing commercial sexual activity" in Idaho: engaging in, offering or agreeing to sexual contact for a fee, or loitering in public to be hired for it. It is a misdemeanor, but a third or later conviction is a felony; being a victim of human trafficking is an affirmative defense, and the section does not apply to children. Buying sex is "soliciting commercial sexual activity": a misdemeanor with a mandatory minimum of five (5) days in county jail (which the court cannot suspend or withhold) and up to one (1) year in jail or a fine up to $2,000, or both; a second or later conviction is a felony. No statute reviewed makes prostitution legal anywhere in Idaho. Buying: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch56/sect18-5614/ . Felony penalties are not stated in these sections; the general felony maximum in § 18-112 is five (5) years and/or $50,000. |
| Gambling | Idaho's constitution declares gambling contrary to public policy and strictly prohibited except for a state lottery, pari-mutuel betting, and charitable bingo and raffles, each under enabling legislation, and it bars any form of casino gambling (including blackjack, craps, roulette, poker, keno and slot machines) or electronic imitations of it. Tribes may conduct only those forms of gaming authorized by Idaho law under state-tribal compacts. The criminal code defines gambling to include betting on a sporting event and casino games. Participating in gambling, or knowingly allowing gambling on property you control, is a misdemeanor. Gambling defined and prohibited: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch38/sect18-3801/ ; https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch38/sect18-3802/ ; tribal compacts: https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch4/sect67-429A/ ; state lottery: https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch74/sect67-7401/ |
Fraud, embezzlement and blackmail
| Embezzlement | Embezzlement is not a separate crime in Idaho; it is one of the ways of committing theft under the general theft statute. It is graded by value like other theft: grand theft when the value exceeds $1,000 (a felony punishable by a fine up to $5,000 and/or one (1) to fourteen (14) years in state prison), and petit theft otherwise (a misdemeanor, up to $1,000 fine and/or up to one (1) year in county jail). A series of smaller thefts that are part of a common scheme may be added together to reach the $1,000 grand-theft level. Grading: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch24/sect18-2407/ ; penalties: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch24/sect18-2408/ |
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| Fraud and identity theft | Identity theft is called misappropriation of personal identifying information in Idaho: obtaining or recording another person's identifying information without permission, intending to use it to get credit, money, goods or services without that person's consent. It is always a felony, punishable by a fine up to $50,000, up to five (5) years in state prison, or both. Fraudulent use of a credit or debit card (a "financial transaction card") is a misdemeanor (up to $1,000 and/or one (1) year in county jail) unless the retail value of goods obtained or attempted exceeds $300, which makes it a felony with the same five-year/$50,000 maximum. Criminal possession of a card or card number is a felony, and stealing a card or card number is grand theft. Penalties: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch31/sect18-3128/ ; card fraud: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch31/sect18-3124/ |
| Forgery | Forgery is falsely making, altering or counterfeiting a check, contract, deed, note, money or other listed document with intent to defraud, or knowingly passing (uttering) such a forged document as genuine. Forgery is a felony punishable by imprisonment in the state prison for not less than one (1) nor more than fourteen (14) years. Writing a check with intent to defraud knowing there are no funds or credit is a felony (up to three (3) years and/or $50,000). With some but insufficient funds, a check of $250 or more (or a series totaling $250 or more) is the same felony; under $250 is a misdemeanor on a first offense (up to six (6) months and/or $1,000), a misdemeanor up to one (1) year and/or $2,000 on a second, and a felony (up to three (3) years and/or $50,000) on a third or later conviction. Definition: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch36/sect18-3601/ ; checks: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch31/sect18-3106/ |
| Blackmail (extortion) | Blackmail is charged as theft by extortion in Idaho: getting someone to hand over property by making them fear that the person will, for example, hurt someone, damage property, accuse them of a crime, expose a secret or embarrassing fact, or abuse a public office. Any property obtained by extortion is grand theft regardless of value, a felony punishable by a fine up to $5,000 and/or one (1) to fourteen (14) years in state prison. Extortion by threatening future physical injury, property damage, or misuse of a public servant's position is punished more severely: a fine up to $10,000 and/or one (1) to twenty (20) years. Grading: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch24/sect18-2407/ ; penalties: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch24/sect18-2408/ . Idaho's former separate extortion chapter (title 18, chapter 28) is repealed. |
Murder, manslaughter and other serious crimes
| Murder (first vs second degree) | First-degree murder is a willful, deliberate and premeditated killing, or a murder by poison, lying in wait or torture; it also includes killing a peace officer or other listed official on duty, a killing during an aggravated battery on a child under 12, arson, rape, robbery, burglary, kidnapping, mayhem or terrorism (felony murder), and killings by prisoners or escapees. It is punished by death or life imprisonment; when death is not imposed, the court gives a fixed life sentence if an aggravating circumstance is found, and otherwise life with at least ten years before parole. All other murder is second-degree murder, punished by not less than ten years and up to life in prison. Idaho has no third-degree murder. Degrees of murder: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch40/sect18-4003/ Source: Idaho Code §§ 18-4003, 18-4004 |
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| Manslaughter (voluntary, involuntary, vehicular) | Manslaughter is an unlawful killing without malice. Voluntary manslaughter (sudden quarrel or heat of passion) carries up to fifteen years and a fine up to $15,000. Involuntary manslaughter (a death during an unlawful act, a lawful act done without due caution, or careless use of a firearm or deadly weapon) carries up to ten years and a fine up to $10,000. Vehicular manslaughter is up to ten years and $10,000 when caused by an unlawful act with gross negligence; up to fifteen years and $15,000 when caused by drunk or drugged driving, rising to a mandatory minimum of five years (up to 25) with one prior DUI and ten years (up to 25) with two or more; and up to one year in jail and a $2,000 fine for an unlawful act without gross negligence. The court may also suspend the driver's license. Definitions: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch40/sect18-4006/ Source: Idaho Code §§ 18-4006, 18-4007 |
| Child endangerment | Idaho calls child endangerment 'injury to children.' Willfully causing or allowing a child to suffer, be injured or be placed in a dangerous situation under circumstances likely to produce great bodily harm or death is punishable by up to one year in county jail or one to ten years in state prison (a felony). The same conduct under other circumstances is a misdemeanor (up to six months in jail and a $1,000 fine under the general misdemeanor penalty). An adult who drives a minor while under the influence commits a misdemeanor, which becomes a felony punishable by up to ten years if the child is injured or killed. General misdemeanor penalty: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch1/sect18-113/ Source: Idaho Code § 18-1501; § 18-113 |
| Arson | First-degree arson is willfully and unlawfully damaging by fire or explosion any dwelling (occupied or not), a building where people are normally present (such as a store, school, hospital or church), a structure the person believes is occupied, or any property to defraud an insurer: up to 25 years and a fine up to $100,000. Second-degree arson covers any other structure (including vehicles, boats and aircraft): up to 15 years and $75,000. Third-degree arson covers another person's real or personal property or any forest land: up to ten years and $50,000. Aggravated arson adds up to ten more years when anyone, including a firefighter, suffers great bodily harm, permanent disability or disfigurement, or death. Second degree: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch8/sect18-803/; third degree: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch8/sect18-804/; aggravated: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch8/sect18-805/ Source: Idaho Code §§ 18-801 to 18-805 |
| Human trafficking | Human sex trafficking (recruiting, transporting or holding a person and using force, fraud or coercion to cause commercial sex or a sexually explicit performance) is a felony punishable by five to 25 years and/or a fine of $15,000 to $80,000. Sex trafficking of a child (no force, fraud or coercion required) carries ten to 30 years and/or $20,000 to $100,000. Labor trafficking carries three to 25 years and/or $10,000 to $80,000, and labor trafficking of a child five to 25 years and/or $15,000 to $80,000. Courts must order restitution and forfeiture of property used in or gained from the crime. Offense definitions: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch86/sect18-8607/ and https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch86/sect18-8609/ |
| Money laundering | Money laundering - knowingly moving, investing, concealing or conducting financial transactions with proceeds of racketeering or drug trafficking (or giving something of value to further them), including to hide the source or avoid reporting requirements - is a felony punishable by up to ten years in prison and a fine of up to $250,000 or twice the value of the property involved, whichever is greater. Idaho does not grade the offense by dollar amount; the court may also order restitution of investigation and prosecution costs. Source: Idaho Code § 18-8201 |
Online crimes and teens
| Revenge porn (sharing intimate images) | Yes. Idaho's video voyeurism statute makes it a felony to share, publish or sell (or threaten to share) an identifiable intimate or sexual image of another person with intent to annoy, threaten, harass, humiliate or degrade, when the person knew or should have known the image was meant to stay private and the person shown did not consent. The statute sets no specific term, so the general felony penalty applies (up to five years and/or a $50,000 fine). Sharing AI-generated or altered sexual images ('explicit synthetic media') of an identifiable person without consent is a separate crime: a misdemeanor, or a felony of up to ten years and $25,000 if the person shown is under 18 or for a repeat offense within five years. Synthetic media: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch66/sect18-6606/; general felony penalty: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch1/sect18-112/ |
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| Cyberbullying | A student or minor at school or a school activity who intentionally harasses, intimidates or bullies another student, including by phone or computer, may be guilty of an infraction. Separately, contacting someone by phone, email, text or other electronic communication with intent to annoy, terrify, threaten, intimidate, harass or offend, using obscene language, threatening harm, or repeatedly disturbing their peace, is a misdemeanor punishable by up to one year in county jail; a second or later conviction is a felony punishable by up to five years. Electronic harassment: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch67/sect18-6710/ Source: Idaho Code §§ 18-917A, 18-6710 |
| Sexting by minors | Idaho has a specific minor sexting law handled in juvenile court. A minor who, without coercion, makes and sends a sexual image of themselves to a single recipient commits a misdemeanor; sending it where multiple people could see it is a misdemeanor the first time and a felony on a second adjudication. A minor who knowingly keeps such an image is guilty of a misdemeanor if the person pictured is no more than three years younger (if more than three years younger, it is charged as sexual exploitation of a child). Forwarding a received image to others is a misdemeanor, then a felony on a repeat; using or threatening to share it to coerce or embarrass the sender is a felony. Passing it to a parent, guardian or police to report it is not a crime. Source: Idaho Code § 18-1507A |
| Underage drinking and fake IDs | A person under 21 who buys, tries to buy, possesses or drinks alcohol commits an infraction on a first violation ($300 fine) and a misdemeanor after that (up to $2,000 and 30 days in jail; a third or later conviction up to $3,000 and 60 days). On a misdemeanor conviction the court must suspend the young person's driving privileges for up to one year (up to two years if previously suspended for this), with possible restricted privileges, and may order an alcohol evaluation and treatment. A person with only one such violation and no other alcohol or drug findings within five years is entitled to have it vacated and sealed. Using false identification or misrepresenting age is covered by the same age-violation penalties. Minor purchase/possession: https://legislature.idaho.gov/statutesrules/idstat/title23/t23ch6/sect23-604/. The fake-ID statement rests on § 18-1502(a), which covers any violation based on age involving 'procurement, or attempted procurement'; a separate fake-ID statute was not read. Source: Idaho Code §§ 23-604, 18-1502 |
| Animal cruelty | Cruelty to animals is a misdemeanor: a first conviction carries up to six months in jail and a fine of $100 to $5,000; a second within ten years up to nine months and $200 to $7,000; a third or later within fifteen years up to twelve months and $500 to $9,000. It becomes a felony on a third conviction within fifteen years when the earlier violations involved intentional or malicious infliction of pain, physical suffering, injury or death. Torturing a companion animal is a misdemeanor the first time and a felony on a later conviction, or on a first conviction if the person has a felony for injuring a human within the past ten years. On any conviction the court may terminate the person's right to own or care for the animal involved or animals owned at the time. Torture of companion animals: https://legislature.idaho.gov/statutesrules/idstat/title25/t25ch35/sect25-3504a/. The felony penalty in § 25-3520A(3)(b) is stated as a jail sentence of up to twelve months and/or a $500-$9,000 fine. |
Everyday laws: driving, drinking, knives and fireworks
| Driving on a suspended license | Driving with knowledge (or legal notice) that one's license or driving privileges are suspended, revoked or disqualified in Idaho or elsewhere is a misdemeanor (general penalty up to six months in jail and a $1,000 fine). It is only an infraction with a $150 fine when the suspension was for an underage alcohol violation, unpaid child support, or failure to carry insurance or show financial responsibility. Penalties are in addition to any DUI penalties if the person was also driving under the influence, and restricted privileges require proof of insurance. The 'unpaid child support / insurance' description summarizes the cross-references in § 18-8001(1)(b) (§§ 18-1502, 49-326(1)(g), 49-1204, 49-1207); those sections were not individually read. Source: Idaho Code § 18-8001; § 18-113 |
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| Driving without a license | Driving without a current and valid Class D (regular) driver's license is an infraction with a $150 fine; a second conviction within five years is an infraction with a $300 fine; a third or later within five years is a misdemeanor punishable by up to $1,000 and six months in jail. Driving a vehicle that requires a commercial (Class A, B or C) license without one is a misdemeanor. Drivers must carry their license and show it to an officer on demand, but a person charged with not having it will not be convicted if they produce a license that was valid at the time in court. Carrying the license: https://legislature.idaho.gov/statutesrules/idstat/title49/t49ch3/sect49-316/ Source: Idaho Code §§ 49-301(8), 49-316 |
| Open container in a car | No one in a motor vehicle on a public highway or its right-of-way may drink from or possess an open container of liquor, beer or wine, except passengers in a vehicle for hire (such as a limo or bus) or in the living quarters of an RV. An open container may be carried in the trunk, or behind the last upright seat in a vehicle with no trunk. A violation is a misdemeanor for the driver (the person in actual physical control) and an infraction for passengers. Source: Idaho Code § 23-505 |
| Jaywalking | A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to all vehicles; between adjacent intersections with working traffic signals, pedestrians may cross only in a marked crosswalk, and may not cross an intersection diagonally unless signs or signals allow it. Pedestrians may not suddenly step into the path of a vehicle too close to stop, and drivers must yield to pedestrians in crosswalks where there is no working signal. Violations of these pedestrian rules (Title 49, chapter 7) are infractions - a civil penalty, not a crime, with no jail - under Idaho's general infraction rule. Crosswalk duties: https://legislature.idaho.gov/statutesrules/idstat/title49/t49ch7/sect49-702/; infraction classification: https://legislature.idaho.gov/statutesrules/idstat/title49/t49ch2/sect49-236/; infraction penalty cap ($300): https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch1/sect18-113a/ |
| Knife laws | Idaho does not ban switchblades or other knife types by statute. Its concealed-weapon law treats a dirk, dirk knife, bowie knife or dagger as a 'deadly weapon,' but a knife with a blade six inches or less, and kitchen or eating knives, are not deadly weapons; adults 18 and older who are U.S. citizens (or military members) and not disqualified from a concealed-weapons license may carry a concealed deadly weapon without a license. Possessing a deadly or dangerous weapon (as defined in federal law, 18 U.S.C. 930) on elementary or secondary school property, school transportation or at school-sponsored events is a misdemeanor, with listed exceptions. State law bars cities and counties from regulating knives, except that public schools, courthouses, law enforcement facilities, jails and prisons may restrict them. School property: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch33/sect18-3302d/; local preemption: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch33/sect18-3327/. A version of § 18-3302 effective January 1, 2027 is also posted; its knife definitions read the same. |
| Fireworks | Only nonaerial common fireworks - items such as ground spinners, fountains, sparklers, smoke devices and snakes that stay on or near the ground (not firecrackers or jumping jacks) - may be sold at retail and used, and only from June 23 through July 5 and December 26 through January 1; the local fire authority may extend each sales period by up to five days. Other fireworks may be used only under a public-display or event permit. Selling or using fireworks outside the allowed times or altering fireworks is an infraction with a $100 fine; other violations, such as throwing fireworks at people or vehicles or using them in a declared severe fire-danger area, are misdemeanors, and fireworks used illegally may be confiscated. Parents are liable for damage caused by a minor's use of fireworks. Prohibitions: https://legislature.idaho.gov/statutesrules/idstat/title39/t39ch26/sect39-2609/; penalties: https://legislature.idaho.gov/statutesrules/idstat/title39/t39ch26/sect39-2613/ |
Kidnapping, threats and sex crimes
| Kidnapping | Kidnapping is wilfully seizing, confining or carrying off a person to secretly hold them or keep them against their will, taking or hiding a child under 16 from a custodial parent, or seizing someone to extort money or ransom. It is first-degree kidnapping when done for ransom or value, or to rape, seriously injure, or commit a lewd act on a child under 16; the punishment is death or life in prison (death requires the prosecutor's written notice and is not allowed if the victim was freed unharmed before sentencing). Every other kidnapping is second-degree kidnapping, punishable by 1 to 25 years in state prison. False imprisonment (unlawfully violating another's personal liberty) is a misdemeanor punishable by up to 1 year in county jail, a fine up to $5,000, or both. Definitions: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch45/sect18-4501/ ; false imprisonment: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch29/sect18-2902/ . Sections 18-4501 and 18-4503 were amended in 2026 (2026 ch. 251). |
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| Criminal threats (terroristic threats) | In Idaho, threatening violence in person falls under assault, which includes an intentional, unlawful threat by word or act to do violence, with apparent ability, that creates a well-founded fear of imminent violence. Simple assault is a misdemeanor (up to 3 months in jail, a fine up to $1,000, or both); aggravated assault (with a deadly weapon, by force likely to cause great bodily harm, or with acid or caustic chemicals) is a felony punishable by up to 5 years in prison, a fine up to $5,000, or both. Threatening injury by phone, email, text or other electronic communication is a misdemeanor (up to 1 year in jail), and a felony (up to 5 years) on a second or later conviction. Threatening to kill or injure a state elected official, judge, or county or city elected official is a misdemeanor (up to 1 year and $1,000), and a felony if a weapon is displayed or on a repeat conviction. Aggravated assault: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch9/sect18-906/ ; electronic threats: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch67/sect18-6710/ ; threats against officials: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch13/sect18-1353a/ |
| Sexual assault and rape | Idaho's main sexual assault crime is rape, defined as penetration with a penis accomplished by force or violence, threats of bodily harm, when the victim is drugged, unconscious, asleep or unable to give legal consent because of mental condition, through deception about identity, or through certain threats; it also covers sex with an under-age victim (see the age-of-consent page). Rape is a felony punished by at least 1 year and up to life in prison. Forcible penetration by use of a foreign object (by force, duress, threats, or when the victim is incapacitated, drugged or unconscious) is a felony punishable by up to life. Sexual battery (unwanted touching of intimate parts) is a misdemeanor (up to 1 year and/or $2,000), and aggravated sexual battery is a felony up to 20 years. Penalty: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch61/sect18-6104/ ; foreign object: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch66/sect18-6604/ ; sexual battery: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch9/sect18-924/ , https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch9/sect18-925/ . Statutory rape (subsections (1)-(2) of 18-6101) belongs on the age-of-consent page. |
| Child molestation (child sexual abuse) | Lewd conduct with a child under 16 (sexual contact of the kinds listed in the statute, done for sexual gratification) is a felony punishable by up to life in prison. Sexual abuse of a child under 16 by an adult (soliciting a child for a sexual act, sexual contact short of lewd conduct, or making a child watch sexual conduct) is a felony up to 25 years. Sexual battery of a 16- or 17-year-old by someone at least 5 years older is a felony up to life (for lewd acts) or up to 25 years (for solicitation or other contact). Since 2025, aggravated lewd conduct (with two listed aggravating factors, such as force, a position of trust or serious injury) carries a mandatory minimum of 25 years up to life when the child is 13 to 15, and death or life in prison when the child is 12 or under; fixed minimum terms for these offenses are served without parole, good-time credit or work release. Sexual abuse: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch15/sect18-1506/ ; 16-17-year-olds: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch15/sect18-1508a/ ; aggravated: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch15/sect18-1508b/ , https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch15/sect18-1508c/ , https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch15/sect18-1508d/ , https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch15/sect18-1508e/ . 18-1508B and 18-1508C each show a version effective until January 1, 2027 and an amended version effective that date (2026 ch. 79); the core offense and penalty read the same. |
| Child pornography (child sexual abuse material) | Idaho calls this 'sexual exploitation of a child.' Knowingly possessing or accessing sexually exploitative material showing a child under 18 (including material altered to show an identifiable real child) is a felony up to 10 years and/or a $10,000 fine. Producing it, using a child to make it, or promoting, publishing or distributing it is a felony up to 30 years and/or a $50,000 fine. A separate 2024 law makes producing, distributing, receiving or possessing an obscene depiction of a child engaged in sexual conduct, including one made with generative AI, a felony up to 5 years and/or $5,000, even if the child depicted does not exist. Minors who send self-made images to peers are handled under a separate juvenile provision (mostly misdemeanors). Obscene/AI depictions: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch15/sect18-1507c/ ; minors: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch15/sect18-1507a/ . 18-1507(5) makes it a misdemeanor for an adult to possess a self-made image a minor chose to send them if the minor is no more than 3 years younger and no coercion was used. Criminal forfeiture: 18-1507B. |
| Online solicitation of a minor | An adult who knowingly uses the internet, a phone or any other communication device to solicit, lure or entice a child (or someone the adult believes is a child) to engage in a sexual act that would be a crime under Idaho's child, rape or sex-crime chapters commits enticing a child through use of the internet or other communication device, a felony punishable by up to 15 years in prison. 'Child' means under 16, or 16 or 17 when the adult is at least 5 years older. It is not a defense that an undercover officer was involved, and the sexual act does not have to occur. Last amended 2026 Ida. Sess. Laws ch. 51. In-person enticing of a child under 16 to leave home or enter a vehicle or building is a misdemeanor (felony up to 5 years on a repeat) under § 18-1509: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch15/sect18-1509/ . A conviction under 18-1509A requires sex offender registration (§ 18-8304). Source: Idaho Code § 18-1509A |
| Sex offender registration | People convicted of listed sex offenses (including rape, lewd conduct, sexual abuse of a child, felony sexual exploitation of a child, internet enticing, forcible penetration, incest, felony indecent exposure and human trafficking), and people required to register elsewhere who move, work or study in Idaho, must register with the county sheriff within 2 working days of establishing residence, then annually (every 3 months for a violent sexual predator). Registration is for life, but an offender who is not a recidivist, not convicted of an aggravated offense and not a violent sexual predator may petition a district court after 10 years for release, proving completion of supervision and treatment without new felonies or sex offenses. Knowingly failing to register, verify an address or give required notice, or giving false information, is a felony up to 10 years and a $5,000 fine, and any probation or supervised release is revoked with the new sentence served consecutively. Registration: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch83/sect18-8307/ ; release: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch83/sect18-8310/ ; penalties: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch83/sect18-8311/ . |
Car theft, stolen property and drugs
| Car theft and joyriding | Stealing a car is charged under Idaho's general theft law, graded by value: grand theft (a felony, 1 to 14 years in prison, a fine up to $5,000, or both) when the property is worth more than $1,000, and petit theft (a misdemeanor, up to 1 year in jail and $1,000) otherwise. Joyriding, called 'operating vehicle without owner's consent' (driving someone else's vehicle meaning to keep it only temporarily, not to steal it), is a misdemeanor, but a felony if the damage to the vehicle and property taken from it exceed $1,000; it also covers boats, snowmobiles, ATVs and aircraft. Receiving, transferring or possessing a vehicle one knows or has reason to believe is stolen is a felony (up to 5 years, a fine up to $50,000, or both). Failing to return a rented vehicle within 48 hours after the agreed time is a form of theft. Theft grading and penalties: https://legislature.idaho.gov/wp-content/uploads/statutesrules/idstat/Title18/T18CH24.pdf ; stolen vehicles: https://legislature.idaho.gov/statutesrules/idstat/title49/t49ch2/sect49-228/ . Idaho's theft grading has no separate category for motor vehicles; the joyriding misdemeanor takes the default 6-month / $1,000 penalty under § 18-113 (via § 49-236(4)). |
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| Receiving stolen property | Receiving, keeping, hiding, possessing or disposing of property while knowing it is stolen (or under circumstances that would reasonably make a person believe it is stolen) is a form of theft in Idaho, and is graded like any other theft. It is grand theft, a felony punishable by 1 to 14 years in prison, a fine up to $5,000, or both, when the property is worth more than $1,000 or is a firearm, a check or financial transaction card, or livestock over $150; smaller thefts that are part of one scheme may be added together. Otherwise it is petit theft, a misdemeanor punishable by up to 1 year in jail, a fine up to $1,000, or both. Receiving or possessing a stolen vehicle is a separate felony. Section pages: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch24/sect18-2403/ ; https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch24/sect18-2407/ ; https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch24/sect18-2408/ |
| Organized retail theft | Idaho has no state law that creates a separate 'organized retail theft' crime. Retail thefts are charged under the general theft law, which lets prosecutors combine them: a series of thefts of $1,000 or less each that are part of a common scheme or plan may be added together in one count, and property worth over $50 in total stolen in three or more thefts within a 'criminal episode' (up to 3 days) is grand theft. Grand theft is a felony punishable by 1 to 14 years in prison, a fine up to $5,000, or both. Reviewed Idaho Code Title 18, Chapter 24 (Theft) on 2026-10-27; no provision found. |
| Drug trafficking and intent to distribute | Making, delivering, or possessing with intent to deliver a Schedule I narcotic or a Schedule II drug is a felony punishable by up to life in prison, a fine up to $25,000, or both; other Schedule I and Schedule III drugs carry up to 5 years and $15,000, Schedule IV up to 3 years and $10,000, and Schedules V and VI are misdemeanors (up to 1 year and $5,000). Separate 'trafficking' felonies carry mandatory minimum prison terms based on weight: for example, cocaine or methamphetamine of 28 grams or more (3 years minimum, rising to 5 years at 200 grams and 10 years at 400 grams), heroin of 2 grams or more (3, 10 or 15 years at 2, 7 and 28 grams), and marijuana of 1 pound or 25 plants or more (1, 3 or 5 years). Manufacturing methamphetamine carries a 5-year minimum (2 years for attempt). A second trafficking conviction doubles the mandatory minimum, and the sentence cannot be suspended, withheld or paroled before the minimum is served. Delivery penalties: https://legislature.idaho.gov/statutesrules/idstat/title37/t37ch27/sect37-2732/ . Each trafficking tier also sets a minimum fine (e.g. $10,000 to $25,000). The § 37-2732B page read lists no fentanyl-specific tier. |
| Prescription drug fraud | Getting or trying to get a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge (for example a forged or altered prescription, or lying to providers) is a felony in Idaho. It is punishable by up to 4 years in prison, a fine up to $30,000, or both. The same penalty applies to using a fictitious, revoked or borrowed registration number to manufacture or distribute drugs and to falsifying required controlled-substance records. § 37-2734 does not name 'doctor shopping' separately; it is covered only to the extent it is obtaining drugs by misrepresentation, fraud or deception. Source: Idaho Code § 37-2734 |
Driving and boating
| Vehicular assault | Seriously injuring someone while driving under the influence is called 'aggravated driving while under the influence' in Idaho. Causing great bodily harm, permanent disability or permanent disfigurement to another person while committing DUI is a felony punishable by up to 15 years in prison and a fine up to $5,000; if the court does not send the person to prison, at least 30 days in county jail is mandatory. The person must surrender their license, loses driving privileges for at least 1 year (up to 5 years) after release, and must pay restitution. Source: Idaho Code § 18-8006(1) |
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| Street racing | Idaho bans driving in any race, speed competition or contest, drag race or acceleration contest, exhibition of speed or acceleration, or attempt to set a speed record on a highway, and bans taking part in one. It is a misdemeanor, punishable by up to 6 months in county jail, a fine up to $1,000, or both. Organized events that measure time and distance within the speed limit, or speed events held with written permission and notice to police, are exempt. Penalty: https://legislature.idaho.gov/statutesrules/idstat/title49/t49ch2/sect49-236/ . |
| Boating under the influence (BUI) | It is illegal to operate or be in actual physical control of a boat on Idaho waters while under the influence of alcohol or drugs or with an alcohol concentration of 0.08 or more; for operators under 21 the limit is 0.02. Boating under the influence is a misdemeanor punishable by a fine up to $1,000, up to 6 months in jail, and a required safe-boating course. Causing great bodily harm, permanent disability or disfigurement while boating under the influence is a felony punishable by up to 5 years in prison (or at least 30 days in jail if not sent to prison), a fine up to $5,000, and loss of boating privileges for at least 1 year after release. Penalties: https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch70/sect67-7033/ ; aggravated: https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch70/sect67-7035/ |
Fraud, bribery and tax crimes
| Insurance fraud | Insurance fraud includes knowingly presenting a false, incomplete or misleading statement to support an insurance claim, making false statements to get or extend workers' compensation benefits, taking premiums knowing no coverage will be provided, and misstating payroll or employee numbers for workers' compensation insurance. Idaho does not grade it by amount: every violation is a felony punishable by up to 15 years in prison, a fine up to $15,000, or both, plus mandatory restitution, and each instance may be a separate offense. Burning or destroying insured property to defraud the insurer is a separate felony punishable by 1 to 15 years in prison, also with restitution. Insured property: https://legislature.idaho.gov/statutesrules/idstat/title41/t41ch2/sect41-294/ Source: Idaho Code §§ 41-293, 41-294 |
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| Welfare and unemployment fraud | Getting public assistance (such as SNAP, cash assistance or Medicaid) one is not entitled to by a willfully false statement, a material omission, or by hiding income or giving away property to qualify, is punished the same as theft of the value obtained: grand theft (felony, 1 to 14 years) above $1,000, otherwise petit theft (misdemeanor, up to 1 year). Medicaid provider fraud is a felony punishable by up to 15 years in prison, a fine up to $15,000, or both, with restitution. Unemployment benefits fraud (a willful false statement or hiding a material fact to get benefits) is a misdemeanor if $1,000 or less and a felony (up to 5 years, a fine up to $50,000) above $1,000; claims in one benefit year can be combined. The claimant must repay overpaid unemployment benefits, plus civil penalties of 25%, 50% and then 100% of the overpayment for the first, second and later fraud findings. Provider fraud: https://legislature.idaho.gov/statutesrules/idstat/title56/t56ch2/sect56-227a/ ; unemployment: https://legislature.idaho.gov/statutesrules/idstat/title72/t72ch13/sect72-1371/ and https://legislature.idaho.gov/statutesrules/idstat/title72/t72ch13/sect72-1369/ . Program disqualification periods were not found in these sections. |
| Bribery | Offering, giving, asking for or accepting any pecuniary benefit in exchange for a public servant's, party official's or voter's decision, vote or exercise of discretion, or any benefit for a decision in a judicial or administrative proceeding or for violating a known legal duty, is bribery, a felony in Idaho. Unless another penalty is set, a felony is punishable by up to 5 years in prison, a fine up to $50,000, or both. Bribing (or accepting a bribe as) a city council member, county commissioner, sheriff, police officer or prosecutor to get immunity from arrest or prosecution is punishable by 1 to 14 years in prison, and bribing judges, jurors or arbitrators is a separate felony. An official convicted under the bribery chapter may be required to forfeit office and repay any benefit. Local officers: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch13/sect18-1309/ ; forfeiture: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch13/sect18-1360/ ; default felony penalty: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch1/sect18-112/ . |
| State tax evasion | Under the Idaho income tax act, willfully failing to pay tax, file a return, keep records or supply required information is a misdemeanor punishable by a fine up to $300, up to 6 months in jail, or both. Willfully trying to evade or defeat a tax, or willfully failing to collect or pay over tax one is required to collect (such as withholding), is a felony punishable by a fine up to $10,000, up to 5 years in prison, or both. Willfully helping prepare a false or fraudulent return or claim is also a felony with the same maximum. Charges must be filed within 6 years. Source: Idaho Code § 63-3075 |
| Computer hacking and cybercrime | Idaho's computer crime law covers three kinds of conduct. Knowingly accessing or using a computer, system or network to carry out a scheme to defraud, obtain money, property or services by false pretenses, or commit theft is a felony, as is knowingly and without authorization altering, damaging or destroying a computer, network, software or data. Simply accessing or using a computer, system or network without authorization (hacking without damage or fraud) is a misdemeanor. The statute does not set its own prison term, so the general penalties apply: a felony up to 5 years and/or $50,000, and a misdemeanor up to 6 months and/or $1,000. Definitions: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch22/sect18-2201/ . Ransomware is not separately named in § 18-2202. Default penalties: felony up to 5 years and/or $50,000 unless a statute says otherwise (Idaho Code 18-112); misdemeanor up to 6 months and/or $1,000 (18-113): https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch1/sect18-112/ , https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch1/sect18-113/ . |
Guns, recording, courts and juveniles
| Felon in possession of a firearm | A person previously convicted of a felony who buys, owns, possesses or controls a firearm commits unlawful possession of a firearm, a felony punishable by up to 5 years and a $5,000 fine. Most Idaho felons get full civil rights, including gun rights, back automatically on final discharge (completing prison, probation and parole), but not those convicted of treason or the serious offenses listed in § 18-310(2), such as murder, rape, robbery, kidnapping, burglary, aggravated assault or battery, felony drug manufacturing or delivery, trafficking and most sex crimes against children. Those people may apply to the Commission of Pardons and Parole to restore gun rights 5 years after final discharge, except for murder or a listed felony whose sentence was enhanced for using a firearm. The ban also does not apply when the conviction has been expunged, pardoned or set aside. Restoration: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch3/sect18-310/ . Felons convicted in other states do not get gun rights back in the same way as Idaho felons (§ 18-310(4)). Federal law (18 U.S.C. § 922(g)) applies separately. |
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| Recording conversations (one-party consent) | Idaho is a one-party consent state: it is lawful to record a phone call, electronic communication or in-person conversation if one of the parties to it (including the person recording) has given prior consent, unless it is done to commit a crime. Willfully intercepting a wire, electronic or oral communication without such consent, or knowingly disclosing or using contents obtained that way, is a felony punishable by up to 5 years in prison and/or a $5,000 fine. |
| Filing a false police report | Knowingly giving false information to a police officer, a government agency, or a licensed social worker, psychologist or counselor about a crime the person knows did not happen (or about which the person has no information) is a misdemeanor, as is giving a false identity to an officer investigating a crime. Calling 911 to make a false alarm or report that could or does bring a police, fire, medical or other emergency response is a misdemeanor punishable by up to 1 year in jail and/or a $1,000 fine, and the caller can also be ordered to pay three times the costs and losses of the response (a parent with custody can be liable for a minor's call). 911 false alarms: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch67/sect18-6711a/ . No section in chapter 67 uses the word 'swatting'. The 18-5413 misdemeanor carries the general penalty (up to 6 months and/or $1,000, § 18-113). |
| Hate crimes | Idaho's hate crime law is the crime of malicious harassment: maliciously and with specific intent to intimidate or harass someone because of that person's race, color, religion, ancestry or national origin, causing physical injury, damaging or defacing their property (including cross-burnings or racial or religious terror symbols), or threatening to do so. It is a felony punishable by up to 5 years in prison and/or a $5,000 fine, and the victim may also sue for damages, including emotional distress, attorney fees and punitive damages. The statute's list does not include sexual orientation, gender identity, sex or disability. Penalties: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch79/sect18-7903/ . Source: Idaho Code §§ 18-7902, 18-7903 |
| Parole violation | Idaho has parole, run by the Idaho Commission of Pardons and Parole. A parole officer may arrest a suspected violator on an agent's warrant, and a commission warrant suspends parole until a revocation hearing. For a violation other than absconding or a new conviction, the parolee gets a fair and impartial hearing within 30 days of being served with the charges, before one or more commissioners or an impartial hearing officer (for absconding or a new conviction, within a reasonable time). If the violation is not proven by a preponderance of the evidence, or is not enough to revoke, the parolee is reinstated on the same or modified conditions; if it is, a dispositional hearing before the commission may impose sanctions up to revocation and sets how long the person returns to custody. A revoked parolee must serve out the sentence without credit for time on parole unless the commission decides otherwise. |
| Violating a restraining order | Violating a domestic violence protection order (or a provision excluding the person from a residence) after having notice of it is a misdemeanor punishable by up to 1 year in jail and a fine of up to $5,000, and police may arrest without a warrant. Violating a criminal no-contact order (issued in assault, battery, domestic battery, stalking, telephone harassment, protection order and similar cases) is a misdemeanor punishable by up to 1 year in jail and/or a $1,000 fine; a third violation within five years is a felony up to 5 years and/or $5,000, and no bond is set until the person appears before the court. No-contact orders: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch9/sect18-920/ . Source: Idaho Code §§ 39-6312, 18-920 |
| Juveniles tried as adults | Idaho automatically charges juveniles aged 14 to 17 as adults for murder or attempted murder, robbery, rape, forcible sexual penetration with a foreign object, mayhem, assault or battery with intent to commit one of those crimes, first-degree or aggravated arson, and certain drug manufacturing or delivery near a school, along with related charges from the same act. Otherwise the juvenile court may waive jurisdiction after a full investigation and hearing, for any of those listed crimes at any age, or for any other crime committed at 14 or older, weighing factors such as seriousness, violence, maturity and prior record. Once convicted as an adult, the youth is treated as an adult for later offenses, though the judge may use juvenile sentencing options if adult sentencing would be inappropriate. Waiver: https://legislature.idaho.gov/statutesrules/idstat/title20/t20ch5/sect20-508/ . Source: Idaho Code §§ 20-508, 20-509 |
Death penalty, three strikes and rights after a felony
| Death penalty | Idaho has the death penalty. First-degree murder is punished by death or life imprisonment, but death can be imposed only if the prosecutor filed a notice of intent to seek it and a jury (or the judge if a jury is waived) finds at least one statutory aggravating circumstance beyond a reasonable doubt. Idaho law also makes aggravated lewd conduct with a child twelve or under punishable by death, which requires at least three statutory aggravating circumstances. By statute the method is the firing squad when the director of the Idaho Department of Correction certifies it is available, otherwise lethal injection. Murder penalty: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch40/sect18-4004/ ; method: https://legislature.idaho.gov/statutesrules/idstat/title19/t19ch27/sect19-2716/ (amended 2026). § 19-2515 has a version effective until January 1, 2027 and one effective January 1, 2027; subsection (1) reads the same in both. No official page stating a moratorium was found. |
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| Three strikes and habitual offender laws | Idaho's persistent violator law applies on a third felony conviction, counting prior felonies from Idaho or any other state. The person must be sentenced to at least 5 years in the custody of the state board of correction, and the term may extend to life. Source: Idaho Code § 19-2514 |
| Voting with a felony conviction | People serving a felony sentence in the custody of the Idaho Board of Correction lose their civil rights, including the right to vote, while in prison. People on probation or parole may exercise only civil rights that are not political, so they cannot vote either. Voting rights come back automatically on 'final discharge', meaning satisfactory completion of imprisonment, probation and parole; the statute sets no extra waiting period or application. People with felony convictions from other states (except treason) may also register and vote in Idaho on final discharge. Source: Idaho Code § 18-310(1), (2), (4) |
| Restoring rights after a felony | Restoration is automatic for most rights: on final discharge (finishing prison, probation and parole), a person convicted of an Idaho felony gets back the full rights of citizenship. Gun rights are the exception for treason and the serious felonies listed in the statute (for example murder, voluntary manslaughter, rape, robbery, kidnapping, burglary, aggravated assault or battery, felony drug manufacturing or delivery, trafficking and listed child sex crimes). Those people may apply to the Idaho Commission of Pardons and Parole to restore firearm rights, but not until 5 years after final discharge, and the commission may not restore them for murder or for a listed felony whose sentence was enhanced for using a firearm. People convicted in other states regain voting rights on final discharge but not firearm rights in the same manner. Source: Idaho Code § 18-310(2), (3), (4) |
Is it legal? Delta-8, mushrooms, kratom, CBD and vaping
| Delta-8 and hemp THC products | Idaho has no separate licensing or age-limit program for delta-8 or other hemp-derived THC products. Its Schedule I lists tetrahydrocannabinols and their isomers and derivatives, except for the permitted amount of THC found in industrial hemp, and hemp is defined as Cannabis sativa with a total delta-9 THC concentration (counting THCA) of not more than 0.3%. Under a 2026 amendment, hemp products meant to be eaten or inhaled are subject to the state hemp law and must meet those controlled-substances criteria. Plant material or extract that does not meet the hemp definition, or is possessed without a hemp license, and contains any tetrahydrocannabinol is presumed to be marijuana, which is illegal in Idaho. Definition of marijuana and hemp: https://legislature.idaho.gov/statutesrules/idstat/title37/t37ch27/sect37-2701/ ; hemp products rule: https://legislature.idaho.gov/wp-content/uploads/statutesrules/idstat/Title22/T22CH17.pdf (22-1705 am. 2026, ch. 292 and ch. 293). The statutes do not name delta-8 specifically. |
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| Magic mushrooms (psilocybin) | Psilocybin and psilocyn are Schedule I controlled substances in Idaho, and spores or mycelium capable of producing psilocybin mushrooms are also listed in Schedule I. Possessing a Schedule I substance that is not a narcotic drug (other than LSD) is a misdemeanor punishable by up to 1 year in jail, a fine of up to $1,000, or both. Idaho's controlled substances act contains no legal psilocybin program or decriminalization. Possession penalty: https://legislature.idaho.gov/statutesrules/idstat/title37/t37ch27/sect37-2732/ . Absence statement based on review of the whole Uniform Controlled Substances chapter (title 37, chapter 27): https://legislature.idaho.gov/wp-content/uploads/statutesrules/idstat/Title37/T37CH27.pdf |
| Kratom | Kratom (mitragynine) is not listed in any schedule of Idaho's Uniform Controlled Substances Act. A 2026 bill to create an Idaho Kratom Consumer Protection and Safety Act (S1418aa) failed in the Senate 15-20 on March 30, 2026, so no state kratom regulation (age limit or labeling) was enacted that session. Controlled substances chapter reviewed in full (no mention of kratom or mitragynine): https://legislature.idaho.gov/wp-content/uploads/statutesrules/idstat/Title37/T37CH27.pdf . An earlier 2026 kratom bill, S1282, stayed in the Senate Agricultural Affairs Committee: https://legislature.idaho.gov/sessioninfo/2026/legislation/S1282/ . |
| CBD | Hemp-derived CBD is legal in Idaho only if the product fits the state's definition of hemp and the Schedule I THC exception; under a 2026 amendment, hemp products intended for eating or inhaling (other than hulled hemp seed, hemp seed protein powder and hemp seed oil) are subject to the state hemp law and must meet those criteria. Plant material or extracts that do not meet the hemp definition and contain any THC are presumed to be marijuana. FDA-approved cannabidiol drugs with no more than 0.1% residual THC are excluded from the marijuana definition. The statutes read set no age limit for CBD. Definitions: https://legislature.idaho.gov/statutesrules/idstat/title37/t37ch27/sect37-2701/ ; Schedule I: https://legislature.idaho.gov/statutesrules/idstat/title37/t37ch27/sect37-2705/ . |
| Smoking and vaping age | The minimum age to buy tobacco products or electronic smoking devices (vapes) in Idaho is 21: the law defines a 'minor' as anyone under twenty-one. A minor who possesses, buys, uses or tries to buy them commits an infraction with a $17.50 fine. A minor who sells or distributes them or uses false identification commits an infraction with a $200 fine for a first violation and a misdemeanor (up to 30 days and/or $300) for a later violation; the court may also order an awareness program or community service. Definition of minor: https://legislature.idaho.gov/statutesrules/idstat/title39/t39ch57/sect39-5702/ . |
Elder abuse, voyeurism and assaulting an officer
| Elder abuse | Idaho's crime covers 'vulnerable adults': people 18 or older who cannot protect themselves from abuse, neglect or exploitation because of a physical or mental impairment; it is not based on age alone. Abuse or neglect likely to produce great bodily harm or death is a felony punishable by up to 10 years and a fine up to $25,000; other abuse or neglect is a misdemeanor. Financial exploitation is a misdemeanor, or a felony (up to 10 years and $25,000) if the monetary damage exceeds $1,000. Misdemeanors without a stated penalty are punishable by up to 6 months and/or $1,000 (§ 18-113). Source: Idaho Code § 18-1505 |
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| Voyeurism (peeping tom) | Video voyeurism in Idaho means installing or using a camera or other imaging device where a person has a reasonable expectation of privacy, without consent, for sexual gratification or to degrade the person; it also covers spreading or threatening to spread private intimate images of an identifiable person without consent to harass or humiliate. Video voyeurism is a felony (up to 5 years and/or $50,000 under the general felony penalty). Peeping into the door or window of an occupied building on someone else's property without a lawful purpose ('trespass of privacy') is a misdemeanor (up to 6 months and/or $1,000). Peeping: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch70/sect18-7006/ ; general penalties: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch1/sect18-112/ , https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch1/sect18-113/ . |
| Assaulting a police officer | Simple assault in Idaho is punishable by up to 3 months in jail and/or $1,000, and simple battery by up to 6 months and/or $1,000. Battery (other than unlawful touching) on a peace officer, sheriff or police officer because of their duties or while on duty is a felony punishable by up to 5 years, served consecutively to any current sentence; the same felony applies to assault or battery on judges, jailers, correctional staff and juvenile detention and probation staff. For other assault and battery crimes against a long list of public workers (including firefighters, EMS personnel, prosecutors, public defenders, dispatchers and caseworkers), the normal punishment is doubled, and battery with intent to commit a serious felony carries up to 25 years. Assault penalty: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch9/sect18-902/ ; battery penalty: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch9/sect18-904/ . |
Criminal Law FAQ
What are the felony classes and maximum sentences in Idaho?
Idaho does not sort felonies into lettered classes; each statute sets its own penalty. A felony is a crime punishable with death or by imprisonment in the state prison. Except where a different punishment is prescribed, every felony is punishable by imprisonment in the state prison not exceeding five (5) years, or by a fine not exceeding fifty thousand dollars ($50,000), or both.
What are the misdemeanor classes and penalties in Idaho?
Idaho has a single misdemeanor category: every crime that is not a felony is a misdemeanor. Unless a different punishment is prescribed, a misdemeanor is punishable by up to six (6) months in county jail, a fine of up to $1,000, or both. An infraction is a civil public offense, not a crime, punishable only by a penalty not exceeding three hundred dollars ($300), with no incarceration; if no specific penalty is set, the infraction penalty is $15.50.
How much do you have to steal for it to be a felony in Idaho?
Theft is grand theft (a felony) when the value of the property taken exceeds one thousand dollars ($1,000). Grand theft by value is punishable by a fine not exceeding $5,000, or imprisonment in the state prison for not less than one (1) year nor more than fourteen (14) years, or both. Other grand theft categories include certain livestock or animals exceeding $150 in value and property with an aggregate value over $50.00 stolen in three or more incidents within a criminal episode. Theft that is not grand theft is petit theft, a misdemeanor punishable by a fine not exceeding $1,000, up to one year in county jail, or both.
Is Idaho a stand your ground state?
Idaho is a stand-your-ground state by statute: a person "need not retreat from any place that person has a right to be" and may use force that would appear necessary to a reasonable person in a similar situation, judged without hindsight. The statute also says no one may be placed in legal jeopardy for lawfully defending themselves or others, and places the burden on the prosecution in criminal cases.
Does Idaho have a castle doctrine?
A person who uses force in a habitation (including its curtilage), place of business or employment, or occupied vehicle is presumed to have acted reasonably and to have had a reasonable fear of imminent peril of death or serious bodily injury when the intruder's entry is unlawful and made or attempted by force, in a violent and tumultuous manner, surreptitiously or by stealth, or to commit a felony. Homicide is justifiable in defense of habitation, place of business or employment, occupied vehicle, property or person, and a person who unlawfully and forcibly or by stealth enters these places is presumed to intend a felony. A person whose use of force is justified is immune from civil liability for that force (unless they knew or should have known the person was an on-duty law enforcement officer), and the court must award the defendant reasonable attorney's fees and costs.
What is the statute of limitations for crimes in Idaho?
There is no time limit for prosecuting murder; voluntary manslaughter; rape under § 18-6101(3) through (10); sexual abuse of a child, lewd conduct with a child or aggravated lewd conduct with a child; producing sexually exploitative material under § 18-1507(2)(b); or listed acts of terrorism. Other felonies must be charged within five (5) years after commission (offenses under §§ 18-1506A and 18-1506B: three years after initial disclosure by the victim to law enforcement). Misdemeanors must be charged within one (1) year after commission, with longer periods for some offenses (for example four years for failure to report child abuse).
How does bail work in Idaho?
A defendant charged with a crime not punishable by death must be admitted to bail or released on own recognizance before a plea or verdict of guilty. Magistrates and district courts set bail; bail stated on a warrant applies unless the magistrate finds good cause to change it. In setting release, bail amount and conditions the court may consider factors including employment and financial condition, family ties, residence history, character, the nature of the charge, prior record and past appearance in court, community ties, and the results of a pretrial risk assessment using a tool approved by the Idaho Supreme Court. The court must not require that bail be posted only in cash; bail may be a cash deposit, property bond or surety bond. After a hearing the court may increase or reduce bail, and a defendant may apply for a reduction for good cause with notice to the prosecutor.
How do you get a public defender in Idaho?
An indigent person who is detained, confined, or formally charged with a serious crime is entitled to counsel and defense services at public expense to the extent the person cannot pay. Idaho's State Public Defender provides representation. The court decides indigency, generally at the first court appearance, and presumes indigent: persons whose current monthly income does not exceed 187% of the federal poverty guidelines; persons (or their dependents) receiving public assistance such as food, health coverage, cash or child-care assistance under title 56; and persons serving a sentence in a correctional facility or housed in a mental health facility. The court may also consider income, property, obligations, dependents and the cost of bail. A convicted person may be ordered to reimburse costs unless it would cause manifest hardship.
What is the age of consent in Idaho?
Rape includes sexual intercourse where the victim is under the age of sixteen (16) years, the perpetrator is eighteen (18) years of age or older, and the victim is not lawfully married to the perpetrator; or where the victim is sixteen (16) or seventeen (17) years of age, the perpetrator is three (3) years or more older than the victim, and the victim is not lawfully married to the perpetrator.
Is marijuana legal in Idaho?
Marijuana is not legal for adult or medical use in Idaho. Possession of three (3) ounces net weight or less is a misdemeanor punishable by up to one (1) year in jail, a fine up to $1,000, or both, and a person 18 or older is also subject to a fine of not less than $300. Possession of more than three (3) ounces is a felony punishable by up to five (5) years in prison, a fine up to $10,000, or both.
Is assault a felony in Idaho?
Simple assault is an unlawful attempt, with apparent ability, to commit a violent injury on someone, or an intentional unlawful threat by word or act to do violence, with apparent ability, that creates a well-founded fear the violence is imminent. It is a misdemeanor punishable by a fine not exceeding $1,000, county jail not exceeding three (3) months, or both. Assault becomes aggravated assault, a felony, when it is committed with a deadly weapon or instrument (including any firearm, even unloaded), by any means or force likely to produce great bodily harm, or with vitriol, corrosive acid or a caustic chemical. Aggravated assault is punishable by up to five (5) years in state prison, a fine up to $5,000, or both.
Is battery a felony in Idaho?
Idaho has a separate battery offense: any willful and unlawful use of force or violence on another person, actual and intentional unlawful touching or striking against the person's will, or unlawfully and intentionally causing bodily harm. Battery is a misdemeanor punishable by a fine up to $1,000, up to six months in county jail, or both (up to one year in jail if the person knew the victim was pregnant). Aggravated battery, a felony punishable by up to fifteen (15) years in state prison, is battery that causes great bodily harm, permanent disability or permanent disfigurement, or is committed with a deadly weapon, with acid or caustic chemicals, or with poison.
Is domestic violence a felony in Idaho?
Idaho charges assault or battery on a household member (a current or former spouse, someone who shares a child with the defendant, or someone living with the defendant) as domestic assault or battery. Without a traumatic injury, a first conviction is a misdemeanor (fine up to $1,000, up to one year in county jail, or both); a second conviction within ten years is a misdemeanor with up to one year in jail and a fine up to $2,000; a third offense within fifteen years is a felony with up to five years in prison and a fine up to $5,000. Domestic battery that causes a traumatic injury is a felony punishable by up to ten (10) years in prison, a fine up to $10,000, or both, and maximum penalties double when the act happens in front of a child under 16. Choking or attempting to strangle a household member or dating partner is attempted strangulation, a felony punishable by up to fifteen (15) years in state prison.
What is the penalty for shoplifting in Idaho?
Idaho has no separate shoplifting crime; taking merchandise is charged as theft. Any theft that is not grand theft is petit theft, a misdemeanor punishable by a fine not exceeding $1,000, up to one (1) year in county jail, or both. Theft becomes grand theft (a felony) when property with an aggregate value over $50.00 is stolen in three or more incidents during a criminal episode (a series of acts over up to three days). Under the civil shoplifting statute, a person who takes or conceals merchandise or commits retail theft also owes the merchant the retail value of the goods plus damages of not less than $100 nor more than $250, court costs and reasonable attorney's fees.
What is the difference between burglary and robbery in Idaho?
Burglary is entering a house, room, apartment, shop, warehouse, store, barn, other building, tent, vessel, closed vehicle, closed trailer, airplane or railroad car with intent to commit any theft or any felony. It is a felony punishable by not less than one (1) nor more than ten (10) years in state prison. Robbery is the felonious taking of personal property from another person or their immediate presence, against their will, by means of force or fear. Robbery is a felony punishable by not less than five (5) years in state prison, and the term may extend to life. Idaho does not divide burglary or robbery into degrees.
Is vandalism a felony in Idaho?
Vandalism is called malicious injury to property in Idaho: intentionally damaging or destroying property that is not one's own. It is a misdemeanor punishable by up to one year in county jail, a fine up to $1,000, or both. It becomes a felony when the damage from one violation, or from a series of violations in a common scheme charged as one count, exceeds $1,000; the felony is punishable by one (1) to five (5) years in state prison, a fine up to $1,000, or both. Graffiti (painting, writing, drawing or inscribing on another's property without consent) is a separate offense, injury by graffiti, which is a misdemeanor.
Is trespassing a crime in Idaho?
Criminal trespass is entering or staying on someone else's real property without permission when the person knows or has reason to know they are not allowed, such as after being told to leave, or on land that is cultivated, fenced, or posted with "no trespassing" signs or orange paint. A first offense with no damage, where the person did not stay after being ordered to leave, is an infraction with a $300 fine; otherwise a first offense is a misdemeanor with up to six months in jail and a fine of $500 to $1,000. A second violation within five years carries up to six months and a $1,500 to $3,000 fine, and two or more prior violations within ten years carry up to one year and a $5,000 to $10,000 fine. Trespass that causes more than $1,000 in damage is a misdemeanor with larger fines, and becomes a felony (one to five years, fine of $15,000 to $50,000) with two or more prior violations within ten years.
What are the penalties for drug possession in Idaho?
Possessing a Schedule I narcotic drug or any Schedule II controlled substance without a valid prescription is a felony punishable by up to seven (7) years in prison, a fine up to $15,000, or both. Possessing LSD is a felony punishable by up to three years, a fine up to $5,000, or both. Possessing other non-narcotic Schedule I substances or Schedule III through VI substances is a misdemeanor punishable by up to one year, a fine up to $1,000, or both. Using or possessing drug paraphernalia is a misdemeanor punishable by up to one year in jail, a fine up to $1,000, or both.
Is a hit and run a felony in Idaho?
A driver in a crash that injures or kills someone must stop, stay at the scene, give name, address, insurance and registration information, show a license, and give reasonable help to the injured. Leaving the scene of an injury or fatal crash is a felony punishable by a fine up to $5,000, up to five (5) years in the state penitentiary, or both, plus a one-year license revocation with no work permit. Leaving the scene of a crash that damaged only a vehicle is a misdemeanor and also brings a one-year license revocation.
Is reckless driving a crime in Idaho?
Reckless driving is driving on a highway or property open to the public carelessly and heedlessly, without due caution, or at a speed or in a manner that endangers or is likely to endanger people or property; it also includes passing where a lane line shows a sight-distance restriction and driving more than 20 mph over the limit in an active school or construction zone. It is a misdemeanor: a first conviction carries up to six months in jail, a fine up to $1,000, or both. A second conviction within five years carries up to one year in jail, a fine up to $2,000, or both, and the license must be suspended. The lesser offense of inattentive driving is a misdemeanor punishable by up to 90 days in jail, a fine up to $300, or both.
Is harassment a crime in Idaho?
Stalking in the second degree is knowingly and maliciously making repeated unwanted contact (including monitoring by electronic means, sending electronic messages, or repeated calls) that seriously alarms, annoys or harasses the victim or makes a reasonable person fear death or injury; it is a misdemeanor punishable by up to one year in county jail, a fine up to $1,000, or both. It becomes stalking in the first degree, a felony punishable by one (1) to five (5) years in prison, a fine up to $10,000, or both, when it violates a protection or no-contact order or probation/parole conditions, the victim is under 16, the stalker had a deadly weapon, or the stalker has a prior stalking conviction within seven years. Separately, using a telephone, email, text or other electronic communication to annoy, terrify, threaten or harass (with obscene language, threats, or repeated messages) is a misdemeanor with up to one year in jail on a first offense and a felony with up to five years on a second or later offense.
Is resisting arrest a felony in Idaho?
Willfully resisting, delaying or obstructing a public officer doing official duties (including knowingly giving a false report to a peace officer) is a misdemeanor punishable by a fine up to $1,000, up to one year in county jail, or both. Willfully fleeing or attempting to elude a police vehicle after a visual or audible signal to stop is a misdemeanor and requires a license suspension. Eluding becomes a felony if the driver goes more than 30 mph over the limit, causes property damage or bodily injury, drives in a way that endangers others or their property, or leaves the state; felony eluding brings a license suspension of at least one year and up to three years.
What happens if you miss a court date in Idaho?
Missing a court date after being released (with or without bail) on the condition of coming back is called bail jumping in Idaho. Failing to appear without a lawful excuse is a misdemeanor. It becomes a felony when the court date was to answer a felony charge and the person fled or went into hiding to avoid arrest, trial or punishment. When a defendant fails to appear without sufficient excuse, the court must note the failure, order the bail forfeited, and issue a bench warrant for the person's arrest. The bail-jumping statute does not apply to appearances tied to a suspended sentence, probation or parole.
What happens if you violate probation in Idaho?
A judge handles probation violations. At any time during probation the court may issue a warrant and have the person arrested; after a summary hearing the court may revoke probation and order the suspended sentence carried out, continue probation, or impose any sentence that could originally have been imposed. The court may also extend the probation period at any time, but probation with extensions may not exceed the maximum prison term for the crime. If judgment was withheld, the court may pronounce any judgment it originally could have; time spent at large on a suspended sentence does not count toward the sentence, but the person gets credit for jail time served after a probation-violation bench warrant or arrest. In deciding whether to continue or revoke, the court must consider the person's risks and needs and community treatment options.
Is obstruction of justice a felony in Idaho?
Idaho does not have one general obstruction-of-justice crime. Willfully resisting, delaying or obstructing a public officer doing official duties, or knowingly giving a false report to a peace officer, is punishable by a fine up to $1,000 and up to one (1) year in county jail when no other punishment is prescribed. Witness intimidation (threatening, harassing or otherwise trying to stop a witness from testifying, or retaliating after testimony) is a misdemeanor in a civil case and a felony in a criminal case or juvenile evidentiary hearing; it is no defense that the witness actually testified. Destroying, altering or hiding evidence is a misdemeanor, but a felony (up to five (5) years and a $10,000 fine) when the proceeding is criminal and involves a felony.
Is perjury a felony in Idaho?
Perjury is willfully stating as true, under an oath taken before a court, legislative committee, officer or other authorized person, any material matter the person knows is false. Perjury is a felony punishable by imprisonment in the state prison for not less than one (1) nor more than fourteen (14) years.
Is public intoxication a crime in Idaho?
Idaho state law does not make simply being drunk in public a crime. The legislature's declared policy is that alcoholics, intoxicated persons or drug addicts may not be subjected to criminal prosecution or incarceration solely because of their consumption of alcoholic beverages or addiction to drugs, but should instead be offered treatment. Conduct while drunk can still be charged under other laws, such as disturbing the peace or impaired driving.
What is a disorderly conduct charge in Idaho?
Idaho calls disorderly conduct "disturbing the peace." It covers maliciously and willfully disturbing the peace or quiet of a religious gathering, house of worship, neighborhood, family or person by loud or unusual noise, tumultuous or offensive conduct, threatening, quarreling, challenging to fight, fighting, or firing a gun. Willfully disturbing a funeral, memorial service, funeral procession, burial or viewing is also covered. It is a misdemeanor, punishable by up to six (6) months in county jail, a fine up to $1,000, or both under the general misdemeanor penalty.
What is the penalty for indecent exposure in Idaho?
Indecent exposure is willfully and lewdly exposing one's genitals (or other body parts listed in the statute) in a public place or where others are present who are offended, or helping someone else do so. A first or second offense is a misdemeanor. A third conviction within five (5) years is a felony punishable by up to five (5) years in state prison. Sex-offender registration applies to indecent exposure convictions except misdemeanor convictions, so the felony form requires registration. Breastfeeding or expressing breast milk to feed a child is not covered.
Is prostitution illegal in Idaho?
Selling sex is called "providing commercial sexual activity" in Idaho: engaging in, offering or agreeing to sexual contact for a fee, or loitering in public to be hired for it. It is a misdemeanor, but a third or later conviction is a felony; being a victim of human trafficking is an affirmative defense, and the section does not apply to children. Buying sex is "soliciting commercial sexual activity": a misdemeanor with a mandatory minimum of five (5) days in county jail (which the court cannot suspend or withhold) and up to one (1) year in jail or a fine up to $2,000, or both; a second or later conviction is a felony. No statute reviewed makes prostitution legal anywhere in Idaho.
Is gambling legal in Idaho?
Idaho's constitution declares gambling contrary to public policy and strictly prohibited except for a state lottery, pari-mutuel betting, and charitable bingo and raffles, each under enabling legislation, and it bars any form of casino gambling (including blackjack, craps, roulette, poker, keno and slot machines) or electronic imitations of it. Tribes may conduct only those forms of gaming authorized by Idaho law under state-tribal compacts. The criminal code defines gambling to include betting on a sporting event and casino games. Participating in gambling, or knowingly allowing gambling on property you control, is a misdemeanor.
Is embezzlement a felony in Idaho?
Embezzlement is not a separate crime in Idaho; it is one of the ways of committing theft under the general theft statute. It is graded by value like other theft: grand theft when the value exceeds $1,000 (a felony punishable by a fine up to $5,000 and/or one (1) to fourteen (14) years in state prison), and petit theft otherwise (a misdemeanor, up to $1,000 fine and/or up to one (1) year in county jail). A series of smaller thefts that are part of a common scheme may be added together to reach the $1,000 grand-theft level.
Is identity theft a felony in Idaho?
Identity theft is called misappropriation of personal identifying information in Idaho: obtaining or recording another person's identifying information without permission, intending to use it to get credit, money, goods or services without that person's consent. It is always a felony, punishable by a fine up to $50,000, up to five (5) years in state prison, or both. Fraudulent use of a credit or debit card (a "financial transaction card") is a misdemeanor (up to $1,000 and/or one (1) year in county jail) unless the retail value of goods obtained or attempted exceeds $300, which makes it a felony with the same five-year/$50,000 maximum. Criminal possession of a card or card number is a felony, and stealing a card or card number is grand theft.
Is forgery a felony in Idaho?
Forgery is falsely making, altering or counterfeiting a check, contract, deed, note, money or other listed document with intent to defraud, or knowingly passing (uttering) such a forged document as genuine. Forgery is a felony punishable by imprisonment in the state prison for not less than one (1) nor more than fourteen (14) years. Writing a check with intent to defraud knowing there are no funds or credit is a felony (up to three (3) years and/or $50,000). With some but insufficient funds, a check of $250 or more (or a series totaling $250 or more) is the same felony; under $250 is a misdemeanor on a first offense (up to six (6) months and/or $1,000), a misdemeanor up to one (1) year and/or $2,000 on a second, and a felony (up to three (3) years and/or $50,000) on a third or later conviction.
Is blackmail illegal in Idaho?
Blackmail is charged as theft by extortion in Idaho: getting someone to hand over property by making them fear that the person will, for example, hurt someone, damage property, accuse them of a crime, expose a secret or embarrassing fact, or abuse a public office. Any property obtained by extortion is grand theft regardless of value, a felony punishable by a fine up to $5,000 and/or one (1) to fourteen (14) years in state prison. Extortion by threatening future physical injury, property damage, or misuse of a public servant's position is punished more severely: a fine up to $10,000 and/or one (1) to twenty (20) years.
What is the difference between first and second degree murder in Idaho?
First-degree murder is a willful, deliberate and premeditated killing, or a murder by poison, lying in wait or torture; it also includes killing a peace officer or other listed official on duty, a killing during an aggravated battery on a child under 12, arson, rape, robbery, burglary, kidnapping, mayhem or terrorism (felony murder), and killings by prisoners or escapees. It is punished by death or life imprisonment; when death is not imposed, the court gives a fixed life sentence if an aggravating circumstance is found, and otherwise life with at least ten years before parole. All other murder is second-degree murder, punished by not less than ten years and up to life in prison. Idaho has no third-degree murder.
What is the sentence for manslaughter in Idaho?
Manslaughter is an unlawful killing without malice. Voluntary manslaughter (sudden quarrel or heat of passion) carries up to fifteen years and a fine up to $15,000. Involuntary manslaughter (a death during an unlawful act, a lawful act done without due caution, or careless use of a firearm or deadly weapon) carries up to ten years and a fine up to $10,000. Vehicular manslaughter is up to ten years and $10,000 when caused by an unlawful act with gross negligence; up to fifteen years and $15,000 when caused by drunk or drugged driving, rising to a mandatory minimum of five years (up to 25) with one prior DUI and ten years (up to 25) with two or more; and up to one year in jail and a $2,000 fine for an unlawful act without gross negligence. The court may also suspend the driver's license.
Is child endangerment a felony in Idaho?
Idaho calls child endangerment 'injury to children.' Willfully causing or allowing a child to suffer, be injured or be placed in a dangerous situation under circumstances likely to produce great bodily harm or death is punishable by up to one year in county jail or one to ten years in state prison (a felony). The same conduct under other circumstances is a misdemeanor (up to six months in jail and a $1,000 fine under the general misdemeanor penalty). An adult who drives a minor while under the influence commits a misdemeanor, which becomes a felony punishable by up to ten years if the child is injured or killed.
Is arson a felony in Idaho?
First-degree arson is willfully and unlawfully damaging by fire or explosion any dwelling (occupied or not), a building where people are normally present (such as a store, school, hospital or church), a structure the person believes is occupied, or any property to defraud an insurer: up to 25 years and a fine up to $100,000. Second-degree arson covers any other structure (including vehicles, boats and aircraft): up to 15 years and $75,000. Third-degree arson covers another person's real or personal property or any forest land: up to ten years and $50,000. Aggravated arson adds up to ten more years when anyone, including a firefighter, suffers great bodily harm, permanent disability or disfigurement, or death.
Is animal cruelty a felony in Idaho?
Cruelty to animals is a misdemeanor: a first conviction carries up to six months in jail and a fine of $100 to $5,000; a second within ten years up to nine months and $200 to $7,000; a third or later within fifteen years up to twelve months and $500 to $9,000. It becomes a felony on a third conviction within fifteen years when the earlier violations involved intentional or malicious infliction of pain, physical suffering, injury or death. Torturing a companion animal is a misdemeanor the first time and a felony on a later conviction, or on a first conviction if the person has a felony for injuring a human within the past ten years. On any conviction the court may terminate the person's right to own or care for the animal involved or animals owned at the time.
Is revenge porn illegal in Idaho?
Yes. Idaho's video voyeurism statute makes it a felony to share, publish or sell (or threaten to share) an identifiable intimate or sexual image of another person with intent to annoy, threaten, harass, humiliate or degrade, when the person knew or should have known the image was meant to stay private and the person shown did not consent. The statute sets no specific term, so the general felony penalty applies (up to five years and/or a $50,000 fine). Sharing AI-generated or altered sexual images ('explicit synthetic media') of an identifiable person without consent is a separate crime: a misdemeanor, or a felony of up to ten years and $25,000 if the person shown is under 18 or for a repeat offense within five years.
Is cyberbullying a crime in Idaho?
A student or minor at school or a school activity who intentionally harasses, intimidates or bullies another student, including by phone or computer, may be guilty of an infraction. Separately, contacting someone by phone, email, text or other electronic communication with intent to annoy, terrify, threaten, intimidate, harass or offend, using obscene language, threatening harm, or repeatedly disturbing their peace, is a misdemeanor punishable by up to one year in county jail; a second or later conviction is a felony punishable by up to five years.
What are the sexting laws for minors in Idaho?
Idaho has a specific minor sexting law handled in juvenile court. A minor who, without coercion, makes and sends a sexual image of themselves to a single recipient commits a misdemeanor; sending it where multiple people could see it is a misdemeanor the first time and a felony on a second adjudication. A minor who knowingly keeps such an image is guilty of a misdemeanor if the person pictured is no more than three years younger (if more than three years younger, it is charged as sexual exploitation of a child). Forwarding a received image to others is a misdemeanor, then a felony on a repeat; using or threatening to share it to coerce or embarrass the sender is a felony. Passing it to a parent, guardian or police to report it is not a crime.
Is money laundering a felony in Idaho?
Money laundering - knowingly moving, investing, concealing or conducting financial transactions with proceeds of racketeering or drug trafficking (or giving something of value to further them), including to hide the source or avoid reporting requirements - is a felony punishable by up to ten years in prison and a fine of up to $250,000 or twice the value of the property involved, whichever is greater. Idaho does not grade the offense by dollar amount; the court may also order restitution of investigation and prosecution costs.
What are the human trafficking laws in Idaho?
Human sex trafficking (recruiting, transporting or holding a person and using force, fraud or coercion to cause commercial sex or a sexually explicit performance) is a felony punishable by five to 25 years and/or a fine of $15,000 to $80,000. Sex trafficking of a child (no force, fraud or coercion required) carries ten to 30 years and/or $20,000 to $100,000. Labor trafficking carries three to 25 years and/or $10,000 to $80,000, and labor trafficking of a child five to 25 years and/or $15,000 to $80,000. Courts must order restitution and forfeiture of property used in or gained from the crime.
Is jaywalking illegal in Idaho?
A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to all vehicles; between adjacent intersections with working traffic signals, pedestrians may cross only in a marked crosswalk, and may not cross an intersection diagonally unless signs or signals allow it. Pedestrians may not suddenly step into the path of a vehicle too close to stop, and drivers must yield to pedestrians in crosswalks where there is no working signal. Violations of these pedestrian rules (Title 49, chapter 7) are infractions - a civil penalty, not a crime, with no jail - under Idaho's general infraction rule.
What is the open container law in Idaho?
No one in a motor vehicle on a public highway or its right-of-way may drink from or possess an open container of liquor, beer or wine, except passengers in a vehicle for hire (such as a limo or bus) or in the living quarters of an RV. An open container may be carried in the trunk, or behind the last upright seat in a vehicle with no trunk. A violation is a misdemeanor for the driver (the person in actual physical control) and an infraction for passengers.
What happens if you are caught drinking under 21 in Idaho?
A person under 21 who buys, tries to buy, possesses or drinks alcohol commits an infraction on a first violation ($300 fine) and a misdemeanor after that (up to $2,000 and 30 days in jail; a third or later conviction up to $3,000 and 60 days). On a misdemeanor conviction the court must suspend the young person's driving privileges for up to one year (up to two years if previously suspended for this), with possible restricted privileges, and may order an alcohol evaluation and treatment. A person with only one such violation and no other alcohol or drug findings within five years is entitled to have it vacated and sealed. Using false identification or misrepresenting age is covered by the same age-violation penalties.
What happens if you drive on a suspended license in Idaho?
Driving with knowledge (or legal notice) that one's license or driving privileges are suspended, revoked or disqualified in Idaho or elsewhere is a misdemeanor (general penalty up to six months in jail and a $1,000 fine). It is only an infraction with a $150 fine when the suspension was for an underage alcohol violation, unpaid child support, or failure to carry insurance or show financial responsibility. Penalties are in addition to any DUI penalties if the person was also driving under the influence, and restricted privileges require proof of insurance.
What is the penalty for driving without a license in Idaho?
Driving without a current and valid Class D (regular) driver's license is an infraction with a $150 fine; a second conviction within five years is an infraction with a $300 fine; a third or later within five years is a misdemeanor punishable by up to $1,000 and six months in jail. Driving a vehicle that requires a commercial (Class A, B or C) license without one is a misdemeanor. Drivers must carry their license and show it to an officer on demand, but a person charged with not having it will not be convicted if they produce a license that was valid at the time in court.
What knives are legal to carry in Idaho?
Idaho does not ban switchblades or other knife types by statute. Its concealed-weapon law treats a dirk, dirk knife, bowie knife or dagger as a 'deadly weapon,' but a knife with a blade six inches or less, and kitchen or eating knives, are not deadly weapons; adults 18 and older who are U.S. citizens (or military members) and not disqualified from a concealed-weapons license may carry a concealed deadly weapon without a license. Possessing a deadly or dangerous weapon (as defined in federal law, 18 U.S.C. 930) on elementary or secondary school property, school transportation or at school-sponsored events is a misdemeanor, with listed exceptions. State law bars cities and counties from regulating knives, except that public schools, courthouses, law enforcement facilities, jails and prisons may restrict them.
Are fireworks legal in Idaho?
Only nonaerial common fireworks - items such as ground spinners, fountains, sparklers, smoke devices and snakes that stay on or near the ground (not firecrackers or jumping jacks) - may be sold at retail and used, and only from June 23 through July 5 and December 26 through January 1; the local fire authority may extend each sales period by up to five days. Other fireworks may be used only under a public-display or event permit. Selling or using fireworks outside the allowed times or altering fireworks is an infraction with a $100 fine; other violations, such as throwing fireworks at people or vehicles or using them in a declared severe fire-danger area, are misdemeanors, and fireworks used illegally may be confiscated. Parents are liable for damage caused by a minor's use of fireworks.
Is kidnapping a felony in Idaho?
Kidnapping is wilfully seizing, confining or carrying off a person to secretly hold them or keep them against their will, taking or hiding a child under 16 from a custodial parent, or seizing someone to extort money or ransom. It is first-degree kidnapping when done for ransom or value, or to rape, seriously injure, or commit a lewd act on a child under 16; the punishment is death or life in prison (death requires the prosecutor's written notice and is not allowed if the victim was freed unharmed before sentencing). Every other kidnapping is second-degree kidnapping, punishable by 1 to 25 years in state prison. False imprisonment (unlawfully violating another's personal liberty) is a misdemeanor punishable by up to 1 year in county jail, a fine up to $5,000, or both.
Is making a threat a crime in Idaho?
In Idaho, threatening violence in person falls under assault, which includes an intentional, unlawful threat by word or act to do violence, with apparent ability, that creates a well-founded fear of imminent violence. Simple assault is a misdemeanor (up to 3 months in jail, a fine up to $1,000, or both); aggravated assault (with a deadly weapon, by force likely to cause great bodily harm, or with acid or caustic chemicals) is a felony punishable by up to 5 years in prison, a fine up to $5,000, or both. Threatening injury by phone, email, text or other electronic communication is a misdemeanor (up to 1 year in jail), and a felony (up to 5 years) on a second or later conviction. Threatening to kill or injure a state elected official, judge, or county or city elected official is a misdemeanor (up to 1 year and $1,000), and a felony if a weapon is displayed or on a repeat conviction.
Is stealing a car a felony in Idaho?
Stealing a car is charged under Idaho's general theft law, graded by value: grand theft (a felony, 1 to 14 years in prison, a fine up to $5,000, or both) when the property is worth more than $1,000, and petit theft (a misdemeanor, up to 1 year in jail and $1,000) otherwise. Joyriding, called 'operating vehicle without owner's consent' (driving someone else's vehicle meaning to keep it only temporarily, not to steal it), is a misdemeanor, but a felony if the damage to the vehicle and property taken from it exceed $1,000; it also covers boats, snowmobiles, ATVs and aircraft. Receiving, transferring or possessing a vehicle one knows or has reason to believe is stolen is a felony (up to 5 years, a fine up to $50,000, or both). Failing to return a rented vehicle within 48 hours after the agreed time is a form of theft.
Is receiving stolen property a felony in Idaho?
Receiving, keeping, hiding, possessing or disposing of property while knowing it is stolen (or under circumstances that would reasonably make a person believe it is stolen) is a form of theft in Idaho, and is graded like any other theft. It is grand theft, a felony punishable by 1 to 14 years in prison, a fine up to $5,000, or both, when the property is worth more than $1,000 or is a firearm, a check or financial transaction card, or livestock over $150; smaller thefts that are part of one scheme may be added together. Otherwise it is petit theft, a misdemeanor punishable by up to 1 year in jail, a fine up to $1,000, or both. Receiving or possessing a stolen vehicle is a separate felony.
What is organized retail theft in Idaho?
Idaho has no state law that creates a separate 'organized retail theft' crime. Retail thefts are charged under the general theft law, which lets prosecutors combine them: a series of thefts of $1,000 or less each that are part of a common scheme or plan may be added together in one count, and property worth over $50 in total stolen in three or more thefts within a 'criminal episode' (up to 3 days) is grand theft. Grand theft is a felony punishable by 1 to 14 years in prison, a fine up to $5,000, or both.
What counts as drug trafficking in Idaho?
Making, delivering, or possessing with intent to deliver a Schedule I narcotic or a Schedule II drug is a felony punishable by up to life in prison, a fine up to $25,000, or both; other Schedule I and Schedule III drugs carry up to 5 years and $15,000, Schedule IV up to 3 years and $10,000, and Schedules V and VI are misdemeanors (up to 1 year and $5,000). Separate 'trafficking' felonies carry mandatory minimum prison terms based on weight: for example, cocaine or methamphetamine of 28 grams or more (3 years minimum, rising to 5 years at 200 grams and 10 years at 400 grams), heroin of 2 grams or more (3, 10 or 15 years at 2, 7 and 28 grams), and marijuana of 1 pound or 25 plants or more (1, 3 or 5 years). Manufacturing methamphetamine carries a 5-year minimum (2 years for attempt). A second trafficking conviction doubles the mandatory minimum, and the sentence cannot be suspended, withheld or paroled before the minimum is served.
Is prescription fraud a felony in Idaho?
Getting or trying to get a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge (for example a forged or altered prescription, or lying to providers) is a felony in Idaho. It is punishable by up to 4 years in prison, a fine up to $30,000, or both. The same penalty applies to using a fictitious, revoked or borrowed registration number to manufacture or distribute drugs and to falsifying required controlled-substance records.
What is vehicular assault in Idaho?
Seriously injuring someone while driving under the influence is called 'aggravated driving while under the influence' in Idaho. Causing great bodily harm, permanent disability or permanent disfigurement to another person while committing DUI is a felony punishable by up to 15 years in prison and a fine up to $5,000; if the court does not send the person to prison, at least 30 days in county jail is mandatory. The person must surrender their license, loses driving privileges for at least 1 year (up to 5 years) after release, and must pay restitution.
Is street racing a crime in Idaho?
Idaho bans driving in any race, speed competition or contest, drag race or acceleration contest, exhibition of speed or acceleration, or attempt to set a speed record on a highway, and bans taking part in one. It is a misdemeanor, punishable by up to 6 months in county jail, a fine up to $1,000, or both. Organized events that measure time and distance within the speed limit, or speed events held with written permission and notice to police, are exempt.
What is the penalty for boating under the influence in Idaho?
It is illegal to operate or be in actual physical control of a boat on Idaho waters while under the influence of alcohol or drugs or with an alcohol concentration of 0.08 or more; for operators under 21 the limit is 0.02. Boating under the influence is a misdemeanor punishable by a fine up to $1,000, up to 6 months in jail, and a required safe-boating course. Causing great bodily harm, permanent disability or disfigurement while boating under the influence is a felony punishable by up to 5 years in prison (or at least 30 days in jail if not sent to prison), a fine up to $5,000, and loss of boating privileges for at least 1 year after release.
Is insurance fraud a felony in Idaho?
Insurance fraud includes knowingly presenting a false, incomplete or misleading statement to support an insurance claim, making false statements to get or extend workers' compensation benefits, taking premiums knowing no coverage will be provided, and misstating payroll or employee numbers for workers' compensation insurance. Idaho does not grade it by amount: every violation is a felony punishable by up to 15 years in prison, a fine up to $15,000, or both, plus mandatory restitution, and each instance may be a separate offense. Burning or destroying insured property to defraud the insurer is a separate felony punishable by 1 to 15 years in prison, also with restitution.
What happens if you commit welfare or unemployment fraud in Idaho?
Getting public assistance (such as SNAP, cash assistance or Medicaid) one is not entitled to by a willfully false statement, a material omission, or by hiding income or giving away property to qualify, is punished the same as theft of the value obtained: grand theft (felony, 1 to 14 years) above $1,000, otherwise petit theft (misdemeanor, up to 1 year). Medicaid provider fraud is a felony punishable by up to 15 years in prison, a fine up to $15,000, or both, with restitution. Unemployment benefits fraud (a willful false statement or hiding a material fact to get benefits) is a misdemeanor if $1,000 or less and a felony (up to 5 years, a fine up to $50,000) above $1,000; claims in one benefit year can be combined. The claimant must repay overpaid unemployment benefits, plus civil penalties of 25%, 50% and then 100% of the overpayment for the first, second and later fraud findings.
Is bribery a felony in Idaho?
Offering, giving, asking for or accepting any pecuniary benefit in exchange for a public servant's, party official's or voter's decision, vote or exercise of discretion, or any benefit for a decision in a judicial or administrative proceeding or for violating a known legal duty, is bribery, a felony in Idaho. Unless another penalty is set, a felony is punishable by up to 5 years in prison, a fine up to $50,000, or both. Bribing (or accepting a bribe as) a city council member, county commissioner, sheriff, police officer or prosecutor to get immunity from arrest or prosecution is punishable by 1 to 14 years in prison, and bribing judges, jurors or arbitrators is a separate felony. An official convicted under the bribery chapter may be required to forfeit office and repay any benefit.
What are the penalties for tax evasion in Idaho?
Under the Idaho income tax act, willfully failing to pay tax, file a return, keep records or supply required information is a misdemeanor punishable by a fine up to $300, up to 6 months in jail, or both. Willfully trying to evade or defeat a tax, or willfully failing to collect or pay over tax one is required to collect (such as withholding), is a felony punishable by a fine up to $10,000, up to 5 years in prison, or both. Willfully helping prepare a false or fraudulent return or claim is also a felony with the same maximum. Charges must be filed within 6 years.
What are the penalties for sexual assault in Idaho?
Idaho's main sexual assault crime is rape, defined as penetration with a penis accomplished by force or violence, threats of bodily harm, when the victim is drugged, unconscious, asleep or unable to give legal consent because of mental condition, through deception about identity, or through certain threats; it also covers sex with an under-age victim (see the age-of-consent page). Rape is a felony punished by at least 1 year and up to life in prison. Forcible penetration by use of a foreign object (by force, duress, threats, or when the victim is incapacitated, drugged or unconscious) is a felony punishable by up to life. Sexual battery (unwanted touching of intimate parts) is a misdemeanor (up to 1 year and/or $2,000), and aggravated sexual battery is a felony up to 20 years.
What are the penalties for child molestation in Idaho?
Lewd conduct with a child under 16 (sexual contact of the kinds listed in the statute, done for sexual gratification) is a felony punishable by up to life in prison. Sexual abuse of a child under 16 by an adult (soliciting a child for a sexual act, sexual contact short of lewd conduct, or making a child watch sexual conduct) is a felony up to 25 years. Sexual battery of a 16- or 17-year-old by someone at least 5 years older is a felony up to life (for lewd acts) or up to 25 years (for solicitation or other contact). Since 2025, aggravated lewd conduct (with two listed aggravating factors, such as force, a position of trust or serious injury) carries a mandatory minimum of 25 years up to life when the child is 13 to 15, and death or life in prison when the child is 12 or under; fixed minimum terms for these offenses are served without parole, good-time credit or work release.
What are the child pornography laws in Idaho?
Idaho calls this 'sexual exploitation of a child.' Knowingly possessing or accessing sexually exploitative material showing a child under 18 (including material altered to show an identifiable real child) is a felony up to 10 years and/or a $10,000 fine. Producing it, using a child to make it, or promoting, publishing or distributing it is a felony up to 30 years and/or a $50,000 fine. A separate 2024 law makes producing, distributing, receiving or possessing an obscene depiction of a child engaged in sexual conduct, including one made with generative AI, a felony up to 5 years and/or $5,000, even if the child depicted does not exist. Minors who send self-made images to peers are handled under a separate juvenile provision (mostly misdemeanors).
Is online solicitation of a minor a felony in Idaho?
An adult who knowingly uses the internet, a phone or any other communication device to solicit, lure or entice a child (or someone the adult believes is a child) to engage in a sexual act that would be a crime under Idaho's child, rape or sex-crime chapters commits enticing a child through use of the internet or other communication device, a felony punishable by up to 15 years in prison. 'Child' means under 16, or 16 or 17 when the adult is at least 5 years older. It is not a defense that an undercover officer was involved, and the sexual act does not have to occur.
What happens if you fail to register as a sex offender in Idaho?
People convicted of listed sex offenses (including rape, lewd conduct, sexual abuse of a child, felony sexual exploitation of a child, internet enticing, forcible penetration, incest, felony indecent exposure and human trafficking), and people required to register elsewhere who move, work or study in Idaho, must register with the county sheriff within 2 working days of establishing residence, then annually (every 3 months for a violent sexual predator). Registration is for life, but an offender who is not a recidivist, not convicted of an aggravated offense and not a violent sexual predator may petition a district court after 10 years for release, proving completion of supervision and treatment without new felonies or sex offenses. Knowingly failing to register, verify an address or give required notice, or giving false information, is a felony up to 10 years and a $5,000 fine, and any probation or supervised release is revoked with the new sentence served consecutively.
Can a felon own a gun in Idaho?
A person previously convicted of a felony who buys, owns, possesses or controls a firearm commits unlawful possession of a firearm, a felony punishable by up to 5 years and a $5,000 fine. Most Idaho felons get full civil rights, including gun rights, back automatically on final discharge (completing prison, probation and parole), but not those convicted of treason or the serious offenses listed in § 18-310(2), such as murder, rape, robbery, kidnapping, burglary, aggravated assault or battery, felony drug manufacturing or delivery, trafficking and most sex crimes against children. Those people may apply to the Commission of Pardons and Parole to restore gun rights 5 years after final discharge, except for murder or a listed felony whose sentence was enhanced for using a firearm. The ban also does not apply when the conviction has been expunged, pardoned or set aside.
Is hacking a crime in Idaho?
Idaho's computer crime law covers three kinds of conduct. Knowingly accessing or using a computer, system or network to carry out a scheme to defraud, obtain money, property or services by false pretenses, or commit theft is a felony, as is knowingly and without authorization altering, damaging or destroying a computer, network, software or data. Simply accessing or using a computer, system or network without authorization (hacking without damage or fraud) is a misdemeanor. The statute does not set its own prison term, so the general penalties apply: a felony up to 5 years and/or $50,000, and a misdemeanor up to 6 months and/or $1,000.
Is Idaho a one-party consent state?
Idaho is a one-party consent state: it is lawful to record a phone call, electronic communication or in-person conversation if one of the parties to it (including the person recording) has given prior consent, unless it is done to commit a crime. Willfully intercepting a wire, electronic or oral communication without such consent, or knowingly disclosing or using contents obtained that way, is a felony punishable by up to 5 years in prison and/or a $5,000 fine.
Is filing a false police report a crime in Idaho?
Knowingly giving false information to a police officer, a government agency, or a licensed social worker, psychologist or counselor about a crime the person knows did not happen (or about which the person has no information) is a misdemeanor, as is giving a false identity to an officer investigating a crime. Calling 911 to make a false alarm or report that could or does bring a police, fire, medical or other emergency response is a misdemeanor punishable by up to 1 year in jail and/or a $1,000 fine, and the caller can also be ordered to pay three times the costs and losses of the response (a parent with custody can be liable for a minor's call).
Does Idaho have a hate crime law?
Idaho's hate crime law is the crime of malicious harassment: maliciously and with specific intent to intimidate or harass someone because of that person's race, color, religion, ancestry or national origin, causing physical injury, damaging or defacing their property (including cross-burnings or racial or religious terror symbols), or threatening to do so. It is a felony punishable by up to 5 years in prison and/or a $5,000 fine, and the victim may also sue for damages, including emotional distress, attorney fees and punitive damages. The statute's list does not include sexual orientation, gender identity, sex or disability.
What happens if you violate parole in Idaho?
Idaho has parole, run by the Idaho Commission of Pardons and Parole. A parole officer may arrest a suspected violator on an agent's warrant, and a commission warrant suspends parole until a revocation hearing. For a violation other than absconding or a new conviction, the parolee gets a fair and impartial hearing within 30 days of being served with the charges, before one or more commissioners or an impartial hearing officer (for absconding or a new conviction, within a reasonable time). If the violation is not proven by a preponderance of the evidence, or is not enough to revoke, the parolee is reinstated on the same or modified conditions; if it is, a dispositional hearing before the commission may impose sanctions up to revocation and sets how long the person returns to custody. A revoked parolee must serve out the sentence without credit for time on parole unless the commission decides otherwise.
What happens if you violate a restraining order in Idaho?
Violating a domestic violence protection order (or a provision excluding the person from a residence) after having notice of it is a misdemeanor punishable by up to 1 year in jail and a fine of up to $5,000, and police may arrest without a warrant. Violating a criminal no-contact order (issued in assault, battery, domestic battery, stalking, telephone harassment, protection order and similar cases) is a misdemeanor punishable by up to 1 year in jail and/or a $1,000 fine; a third violation within five years is a felony up to 5 years and/or $5,000, and no bond is set until the person appears before the court.
When can a juvenile be tried as an adult in Idaho?
Idaho automatically charges juveniles aged 14 to 17 as adults for murder or attempted murder, robbery, rape, forcible sexual penetration with a foreign object, mayhem, assault or battery with intent to commit one of those crimes, first-degree or aggravated arson, and certain drug manufacturing or delivery near a school, along with related charges from the same act. Otherwise the juvenile court may waive jurisdiction after a full investigation and hearing, for any of those listed crimes at any age, or for any other crime committed at 14 or older, weighing factors such as seriousness, violence, maturity and prior record. Once convicted as an adult, the youth is treated as an adult for later offenses, though the judge may use juvenile sentencing options if adult sentencing would be inappropriate.
Does Idaho have the death penalty?
Idaho has the death penalty. First-degree murder is punished by death or life imprisonment, but death can be imposed only if the prosecutor filed a notice of intent to seek it and a jury (or the judge if a jury is waived) finds at least one statutory aggravating circumstance beyond a reasonable doubt. Idaho law also makes aggravated lewd conduct with a child twelve or under punishable by death, which requires at least three statutory aggravating circumstances. By statute the method is the firing squad when the director of the Idaho Department of Correction certifies it is available, otherwise lethal injection.
Can felons vote in Idaho?
People serving a felony sentence in the custody of the Idaho Board of Correction lose their civil rights, including the right to vote, while in prison. People on probation or parole may exercise only civil rights that are not political, so they cannot vote either. Voting rights come back automatically on 'final discharge', meaning satisfactory completion of imprisonment, probation and parole; the statute sets no extra waiting period or application. People with felony convictions from other states (except treason) may also register and vote in Idaho on final discharge.
How do you restore your rights after a felony in Idaho?
Restoration is automatic for most rights: on final discharge (finishing prison, probation and parole), a person convicted of an Idaho felony gets back the full rights of citizenship. Gun rights are the exception for treason and the serious felonies listed in the statute (for example murder, voluntary manslaughter, rape, robbery, kidnapping, burglary, aggravated assault or battery, felony drug manufacturing or delivery, trafficking and listed child sex crimes). Those people may apply to the Idaho Commission of Pardons and Parole to restore firearm rights, but not until 5 years after final discharge, and the commission may not restore them for murder or for a listed felony whose sentence was enhanced for using a firearm. People convicted in other states regain voting rights on final discharge but not firearm rights in the same manner.
Does Idaho have a three strikes law?
Idaho's persistent violator law applies on a third felony conviction, counting prior felonies from Idaho or any other state. The person must be sentenced to at least 5 years in the custody of the state board of correction, and the term may extend to life.
Is delta-8 legal in Idaho?
Idaho has no separate licensing or age-limit program for delta-8 or other hemp-derived THC products. Its Schedule I lists tetrahydrocannabinols and their isomers and derivatives, except for the permitted amount of THC found in industrial hemp, and hemp is defined as Cannabis sativa with a total delta-9 THC concentration (counting THCA) of not more than 0.3%. Under a 2026 amendment, hemp products meant to be eaten or inhaled are subject to the state hemp law and must meet those controlled-substances criteria. Plant material or extract that does not meet the hemp definition, or is possessed without a hemp license, and contains any tetrahydrocannabinol is presumed to be marijuana, which is illegal in Idaho.
Are magic mushrooms legal in Idaho?
Psilocybin and psilocyn are Schedule I controlled substances in Idaho, and spores or mycelium capable of producing psilocybin mushrooms are also listed in Schedule I. Possessing a Schedule I substance that is not a narcotic drug (other than LSD) is a misdemeanor punishable by up to 1 year in jail, a fine of up to $1,000, or both. Idaho's controlled substances act contains no legal psilocybin program or decriminalization.
Is kratom legal in Idaho?
Kratom (mitragynine) is not listed in any schedule of Idaho's Uniform Controlled Substances Act. A 2026 bill to create an Idaho Kratom Consumer Protection and Safety Act (S1418aa) failed in the Senate 15-20 on March 30, 2026, so no state kratom regulation (age limit or labeling) was enacted that session.
Is CBD legal in Idaho?
Hemp-derived CBD is legal in Idaho only if the product fits the state's definition of hemp and the Schedule I THC exception; under a 2026 amendment, hemp products intended for eating or inhaling (other than hulled hemp seed, hemp seed protein powder and hemp seed oil) are subject to the state hemp law and must meet those criteria. Plant material or extracts that do not meet the hemp definition and contain any THC are presumed to be marijuana. FDA-approved cannabidiol drugs with no more than 0.1% residual THC are excluded from the marijuana definition. The statutes read set no age limit for CBD.
What is the smoking and vaping age in Idaho?
The minimum age to buy tobacco products or electronic smoking devices (vapes) in Idaho is 21: the law defines a 'minor' as anyone under twenty-one. A minor who possesses, buys, uses or tries to buy them commits an infraction with a $17.50 fine. A minor who sells or distributes them or uses false identification commits an infraction with a $200 fine for a first violation and a misdemeanor (up to 30 days and/or $300) for a later violation; the court may also order an awareness program or community service.
Is elder abuse a felony in Idaho?
Idaho's crime covers 'vulnerable adults': people 18 or older who cannot protect themselves from abuse, neglect or exploitation because of a physical or mental impairment; it is not based on age alone. Abuse or neglect likely to produce great bodily harm or death is a felony punishable by up to 10 years and a fine up to $25,000; other abuse or neglect is a misdemeanor. Financial exploitation is a misdemeanor, or a felony (up to 10 years and $25,000) if the monetary damage exceeds $1,000.
Is voyeurism a felony in Idaho?
Video voyeurism in Idaho means installing or using a camera or other imaging device where a person has a reasonable expectation of privacy, without consent, for sexual gratification or to degrade the person; it also covers spreading or threatening to spread private intimate images of an identifiable person without consent to harass or humiliate. Video voyeurism is a felony (up to 5 years and/or $50,000 under the general felony penalty). Peeping into the door or window of an occupied building on someone else's property without a lawful purpose ('trespass of privacy') is a misdemeanor (up to 6 months and/or $1,000).
Is assaulting a police officer a felony in Idaho?
Simple assault in Idaho is punishable by up to 3 months in jail and/or $1,000, and simple battery by up to 6 months and/or $1,000. Battery (other than unlawful touching) on a peace officer, sheriff or police officer because of their duties or while on duty is a felony punishable by up to 5 years, served consecutively to any current sentence; the same felony applies to assault or battery on judges, jailers, correctional staff and juvenile detention and probation staff. For other assault and battery crimes against a long list of public workers (including firefighters, EMS personnel, prosecutors, public defenders, dispatchers and caseworkers), the normal punishment is doubled, and battery with intent to commit a serious felony carries up to 25 years.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.