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Idaho State law
State law — Idaho
Offences by family
Against the person
Assault (aggravated) Verified against official source
This range was checked against the official legal text.
Statutory range
Aggravated assault (assault with a deadly weapon/instrument without intent to kill; or by means/force likely to produce great bodily harm; or with vitriol/corrosive acid/caustic chemical)
- Imprisonment
- 0–5 years (state prison)
- Fine
- $0–$5,000
Felony. 'Deadly weapon' includes any firearm, even unloaded or defective.
Aggravated battery (battery causing great bodily harm, permanent disability or permanent disfigurement; or with a deadly weapon; or with vitriol/corrosive acid/caustic chemical/poison; or causing such harm to an embryo/fetus of a pregnant female)
- Imprisonment
- 0–15 years (state prison)
- Fine
- Not stated
Felony. The statute states imprisonment only; no fine is prescribed.
Deadly-weapon enhancement (Idaho Code § 18-2520) may add up to 15 years for use of a firearm/deadly weapon during a felony — per secondary summary, needs official re-check.
Assault (simple) Verified against official source
This range was checked against the official legal text.
Statutory range
Assault (unlawful attempt to commit violent injury, or intentional threat creating well-founded fear of imminent harm)
- Imprisonment
- 0–3 months (county jail)
- Fine
- $0–$1,000
Misdemeanour.
Battery (wilful unlawful use of force/violence; intentional non-consensual touching; intentionally causing bodily harm)
- Imprisonment
- 0–6 months (county jail)
- Fine
- $0–$1,000
Misdemeanour. Tier per standard text of § 18-904 — needs official re-check.
Battery tier is from the standard text of § 18-904 and was not quoted from an official source in session — needs official re-check. Assault/battery on certain personnel (e.g. peace officers, health care workers) carries enhanced penalties under § 18-915.
Domestic violence Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Domestic assault or domestic battery — 1st conviction, no traumatic injury Possibly — unconfirmed
- Imprisonment
- 0–1 year (county jail)
- Fine
- $0–$1,000
Misdemeanour (§ 18-918(3)).
Domestic assault or domestic battery — repeat conviction within 10 years, no traumatic injury Possibly — unconfirmed
- Imprisonment
- 0–1 year (county jail)
- Fine
- $0–$2,000
Misdemeanour (§ 18-918(3)). Per secondary summaries — needs official re-check.
Felony domestic battery — battery on a household member inflicting traumatic injury (wound or external/internal injury caused by physical force) Possibly — unconfirmed
- Imprisonment
- 0–10 years (state prison)
- Fine
- $0–$10,000
Felony (§ 18-918(2)).
Repeat-offence tiers are from secondary summaries and need official re-check against the current § 18-918(3). No-contact orders, DV evaluation/treatment, and firearm restrictions are additional consequences.
Homicide — manslaughter Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Voluntary manslaughter (killing upon sudden quarrel or heat of passion) Possibly — unconfirmed
- Imprisonment
- 0–15 years (state board of correction)
- Fine
- $0–$15,000
Felony.
Involuntary manslaughter (killing in perpetration of an unlawful act not amounting to a felony-murder predicate; or lawful act done unlawfully/without due caution; or reckless/careless/negligent operation of a firearm or deadly weapon) Possibly — unconfirmed
- Imprisonment
- 0–10 years (state board of correction)
- Fine
- $0–$10,000
Felony.
Vehicular manslaughter — operation of a motor vehicle with gross negligence (unlawful act not amounting to a felony) Possibly — unconfirmed
- Imprisonment
- 0–10 years
- Fine
- $0–$10,000
Felony.
Vehicular manslaughter — operation of a motor vehicle while under the influence (§ 18-8004/18-8006) Possibly — unconfirmed
- Imprisonment
- 0–15 years
- Fine
- $0–$15,000
Felony.
Vehicular manslaughter — operation of a motor vehicle in an unlawful act not amounting to a felony, without gross negligence Possibly — unconfirmed
- Imprisonment
- 0–1 year (jail)
- Fine
- $0–$2,000
Misdemeanour.
Vehicular manslaughter causing the death of a parent of minor children may also carry a child-support order (§ 18-4007(3)(d)), and the driver's licence may be suspended.
Homicide — murder Verified against official source
This range was checked against the official legal text.
Statutory range
Murder — 1st degree (death penalty sought, statutory aggravating circumstance found)
- Imprisonment
- Death, or life imprisonment
- Fine
- Not stated
If the jury/court finds an aggravating circumstance but finds death unjust, a fixed life sentence (life without parole) is imposed.
Murder — 1st degree (death penalty not sought, or no aggravating circumstance found)
- Imprisonment
- Life with a minimum period of confinement of 10 years (no parole/discharge/good-time credit except meritorious service)
- Fine
- Not stated
Life sentence with a 10-year minimum.
Murder — 2nd degree (all murder that is not 1st degree)
- Imprisonment
- 10 years–life
- Fine
- Not stated
Felony.
First-degree murder includes premeditated killing, felony murder (§ 18-4003(d)), killing of a peace officer/judicial officer, torture murder, and killing by specified means. Death penalty requires the prosecutor to file written notice of intent to seek it (§ 18-4004A) and a statutory aggravating circumstance found beyond a reasonable doubt (§ 19-2515).
Sexual offences
Sexual assault / rape Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Rape (sexual intercourse without consent, including with a victim under 16/17 under age-gap rules, or who resists or is prevented from resisting) Possibly — unconfirmed
- Imprisonment
- 1 year–life (state prison)
- Fine
- Not stated
Felony. Sentence in the discretion of the District Judge. The statute states imprisonment only; no fine is prescribed.
Lewd conduct with a child under 16 (§ 18-1508) carries the same 1 year–life range and is charged in many child sexual-abuse cases. Male rape (§ 18-6108) and forcible penetration by foreign object (§ 18-6608) carry parallel penalties and are not tiered here.
Property
Burglary Verified against official source
This range was checked against the official legal text.
Statutory range
Burglary (entry into any building, vehicle or structure with intent to commit theft or any felony)
- Imprisonment
- 1–10 years (state prison)
- Fine
- Not stated
Felony. The statute states imprisonment only; no fine is prescribed.
Robbery Verified against official source
This range was checked against the official legal text.
Statutory range
Robbery (felonious taking of personal property from another's person or immediate presence, against will, by force or fear)
- Imprisonment
- 5 years–life (state prison)
- Fine
- Not stated
Felony. The statute states imprisonment only; no fine is prescribed.
Theft Verified against official source
This range was checked against the official legal text.
Statutory range
Petit theft (value $1,000 or less, not otherwise grand theft)
- Imprisonment
- 0–1 year (county jail)
- Fine
- $0–$1,000
Misdemeanour.
Grand theft — value over $1,000; firearm; theft from a person; theft of certain animals/records; other § 18-2407(1)(b) forms
- Imprisonment
- 1–14 years (state prison)
- Fine
- $0–$5,000
Felony.
Grand theft — livestock / certain agricultural animals (§ 18-2407(1)(b)7)
- Imprisonment
- 1–14 years (state prison)
- Fine
- $1,000–$5,000
Felony. Minimum $1,000 fine may not be suspended or withheld; civil damages assessed under § 25-1910.
Grand theft by extortion (§ 18-2407(1)(a))
- Imprisonment
- 1–20 years (state prison)
- Fine
- $0–$10,000
Felony.
Grand theft also covers theft of a firearm, theft of certain animals, theft from a person, theft by extortion, and theft of public records/writings — graded under § 18-2407(1)(b). The 20-year tier covers grand theft by extortion (§ 18-2407(1)(a)).
Vandalism / criminal damage Verified against official source
This range was checked against the official legal text.
Statutory range
Malicious injury to property — damage $1,000 or less
- Imprisonment
- 0–1 year (county jail)
- Fine
- $0–$1,000
Misdemeanour.
Malicious injury to property — damage over $1,000, or series of violations under a common scheme/plan aggregating over $1,000
- Imprisonment
- 1–5 years (state prison)
- Fine
- $0–$1,000
Felony.
Fraud & financial
Fraud Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Fraud by deception — value $1,000 or less (petit theft grading) Possibly — unconfirmed
- Imprisonment
- 0–1 year (county jail)
- Fine
- $0–$1,000
Misdemeanour.
Fraud by deception — value over $1,000 (grand theft grading) Possibly — unconfirmed
- Imprisonment
- 1–14 years (state prison)
- Fine
- $0–$5,000
Felony.
Fraud by extortionate threats (§ 18-2407(1)(a) grading) Possibly — unconfirmed
- Imprisonment
- 1–20 years (state prison)
- Fine
- $0–$10,000
Felony.
Fraud tiers follow the theft grading in § 18-2407/18-2408 (verified for theft). Forgery and sector-specific fraud penalties are not tiered here and need official re-check.
Drugs
Drug possession Verified against official source
This range was checked against the official legal text.
Statutory range
Possession — Schedule I narcotic drug or Schedule II controlled substance
- Imprisonment
- 0–7 years
- Fine
- $0–$15,000
Felony.
Possession — LSD (lysergic acid diethylamide)
- Imprisonment
- 0–3 years
- Fine
- $0–$5,000
Felony.
Possession — non-narcotic Schedule I (except LSD) or Schedule III, IV, V or VI
- Imprisonment
- 0–1 year
- Fine
- $0–$1,000
Misdemeanour.
Possession of marijuana, 3 ounces or less net weight
- Imprisonment
- 0–1 year
- Fine
- $300–$1,000
Misdemeanour. Adults 18+ face a mandatory minimum $300 fine in addition to penalties under (c)(3).
Possession of marijuana, more than 3 ounces net weight
- Imprisonment
- 0–5 years
- Fine
- $0–$10,000
Felony.
Idaho has no legal recreational or medical marijuana programme. Second-offence possession penalties are doubled under § 37-2732(c) for the Schedule I narcotic / Schedule II tier per secondary summaries — needs official re-check. Trafficking quantities are charged under § 37-2732B even without proof of sale.
Drug trafficking / sale Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Trafficking in marijuana — 1 to <5 lbs, or 25–49 plants Possibly — unconfirmed
- Imprisonment
- 1–15 years (mandatory minimum 1 year)
- Fine
- $5,000–$50,000
Felony. Minimum fine $5,000; maximum 15 years / $50,000.
Trafficking in marijuana — 5 to <25 lbs, or 50–99 plants Possibly — unconfirmed
- Imprisonment
- 3–15 years (mandatory minimum 3 years)
- Fine
- $10,000–$50,000
Felony. Minimum fine $10,000.
Trafficking in marijuana — 25+ lbs, or 100+ plants Possibly — unconfirmed
- Imprisonment
- 5–15 years (mandatory minimum 5 years)
- Fine
- $15,000–$50,000
Felony. Minimum fine $15,000.
Trafficking in cocaine — 28 to <200 g Possibly — unconfirmed
- Imprisonment
- 3 years–life (mandatory minimum 3 years)
- Fine
- $10,000–$100,000
Felony. Minimum fine $10,000; maximum life / $100,000.
Trafficking in cocaine — 200 to <400 g Possibly — unconfirmed
- Imprisonment
- 5 years–life (mandatory minimum 5 years)
- Fine
- $15,000–$100,000
Felony. Minimum fine $15,000.
Trafficking in cocaine — 400 g or more Possibly — unconfirmed
- Imprisonment
- 10 years–life (mandatory minimum 10 years)
- Fine
- $25,000–$100,000
Felony. Minimum fine $25,000.
Trafficking in methamphetamine/amphetamine — 28 to <200 g Possibly — unconfirmed
- Imprisonment
- 3 years–life (mandatory minimum 3 years)
- Fine
- $10,000–$100,000
Felony. Minimum fine $10,000; maximum life / $100,000.
Trafficking in methamphetamine/amphetamine — 200 to <400 g Possibly — unconfirmed
- Imprisonment
- 5 years–life (mandatory minimum 5 years)
- Fine
- $15,000–$100,000
Felony. Minimum fine $15,000.
Trafficking in methamphetamine/amphetamine — 400 g or more Possibly — unconfirmed
- Imprisonment
- 10 years–life (mandatory minimum 10 years)
- Fine
- $25,000–$100,000
Felony. Minimum fine $25,000.
Trafficking is triggered by quantity alone — the state need not prove sale. Mandatory minimum fixed terms must be served; suspension/deferral unavailable for trafficking; parole not available until the minimum is served. A second trafficking conviction doubles the mandatory minimum. Delivery below trafficking thresholds is punished under § 37-2732(a) (ranges not verified in session). Fentanyl-specific trafficking tiers were added by later amendments and are not tiered here — needs official re-check.
Weapons
Weapons offences Verified against official source
This range was checked against the official legal text.
Statutory range
Unlawful possession of a firearm by a person previously convicted of a felony
- Imprisonment
- 0–5 years (state prison)
- Fine
- $0–$5,000
Felony. Does not apply where the conviction was expunged/pardoned/set aside or civil firearm rights were restored.
Idaho is a permitless-carry state; lawful possession/carry by non-prohibited persons is not an offence. Other weapons offences (e.g. possession of a firearm on school property § 18-3302D, discharge offences, possession by a minor) are not tiered here.
Traffic & transport
DUI / drink driving Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
DUI — 1st offence in 10 years (BAC 0.08%+, or under the influence of alcohol/drugs) Possibly — unconfirmed
- Imprisonment
- 0–6 months (mandatory minimum 2 days jail per secondary summaries)
- Fine
- $0–$1,000
Misdemeanour. Licence suspension 90–180 days; ignition interlock 1 year.
DUI — 2nd offence in 10 years Possibly — unconfirmed
- Imprisonment
- 10 days–1 year
- Fine
- $0–$2,000
Misdemeanour. Licence suspension 1 year, no restricted privileges; ignition interlock at least 1 year after reinstatement.
Excessive DUI — 1st offence with BAC 0.20% or higher Possibly — unconfirmed
- Imprisonment
- 10 days–1 year
- Fine
- $0–$2,000
Misdemeanour (§ 18-8004C). Licence suspension 1 year.
Felony DUI — 3rd offence in 10 years (2+ priors), or 2nd excessive DUI within 5 years Possibly — unconfirmed
- Imprisonment
- 30 days–10 years
- Fine
- $0–$5,000
Felony (§ 18-8005(6)). Imprisonment up to 10 years in state board of correction custody; mandatory minimum 30 days county jail (first 48 hours consecutive) if a non-prison sentence is imposed. Licence suspension 1–5 years; ignition interlock required.
Felony DUI tier verified from the official § 18-8005 text. First/second/excessive tiers are from secondary summaries of § 18-8005/18-8004C and need official re-check. Two excessive (BAC 0.20%+) DUIs within 5 years also become a felony (§ 18-8004C). Lookback period 10 years. Licence suspension, ignition interlock, substance-abuse evaluation and treatment are additional consequences.
Cyber & digital
Cybercrime / hacking Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Computer crime — using a computer to devise/execute a scheme to defraud, obtain money/property/services by false pretences, or commit theft; or knowingly and without authorisation altering/damaging/destroying a computer, system, network, software, program, documentation or data Possibly — unconfirmed
- Imprisonment
- Range not verified — statute states 'shall be a felony' without a penalty
- Fine
- Not verified
Felony (§ 18-2202(1)–(2)). Penalty range not verified in session.
Computer crime — knowingly and without authorisation using/accessing/attempting to access a computer, system, network, software, program, documentation or data Possibly — unconfirmed
- Imprisonment
- 0–6 months
- Fine
- $0–$1,000
Misdemeanour (§ 18-2202(3)). Range uses the default misdemeanour cap in § 18-113.
§ 18-2202 classifies the conduct as felony or misdemeanour but states no penalty ranges in the quoted text; the ranges below use Idaho's default misdemeanour cap (§ 18-113) for the misdemeanour tier and leave the felony tier's imprisonment/fine unverified — the default felony penalty in § 18-112 was not confirmed in session and needs official re-check before reliance.