Idaho Criminal Law - Revised March 2013

Obtained: Idaho Public Records Act via the Idaho Peace Officer Standards and Training Academy
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  10/17/20141 IDAHOCRIMINAL LAW Idaho Attorney General’s OfficeRevised March 2013 DEFINITION OF A CRIME   An  ACT committed, or omitted, in violation of a law forbidding or commanding it. 03.04.01  FELONY: Crime punishable by death or term in state prison.  Statute will designate the crime as a felony  Punishable by 5 years and $50k fine unless otherwise specified  Statute of limitation: 5 years unless otherwise specified  District Court  MISDEMEANOR  : Every crime that is not a felony or infraction.  Punishment: No more than 1 yr in jail  Statute of limitation: Generally 1 year  INFRACTION : Civil public offense punishable by a fine only.  No incarceration ever  Guilt determined by a judge, not a jury  Magistrate Court 03.04.02 ELEMENTS OF A CRIME  DATE:  Day and Time = “On or about . . .”   LOCATION:  State of Idaho = Jurisdiction  County/City = Venue  IDENTITY:  The person charged committed the crime   ACT/OMISSION  Specific prohibited act or omission was performed  INTENT  General  Specific –Specific intent will be described in the statute  Strict liability 03.04.03   PARTIES TO A CRIME  PRINCIPALS :  Persons involved at or before the crimes commission   AIDERS AND ABETTORS = PRINCIPALS  One who assists, facilitates, promotes, encourages, counsels, solicits, or invites the commission of a crime is guilty the same as a principal   ACCESSORIES :  Persons who, with knowledge that a felony was committed, conceal it from a peace officer, or harbor or protect the person who comittedthe felony. Punishable by up to 5 years. 03.04.05  ATTEMPT (18-306)  DEFINED : Person tries to commit an underlying crime  , but fails/prevented.  Requirements :  1. Intent to Commit the Underlying Crime  2. Substantial Step Toward Commission  Preparation alone is not enough  Punishment :Generally ½ the sentence for completed crime. 03.04.06  10/17/20142 CONSPIRACY (18-1701)  DEFINED: Two or more persons agree to commit any crime and one of the persons does an act to effectuate the crime’s purpose.  Elements: Two people + Agreement + One Act = Crime  If crime is completed, can charge with Conspiracy and Crime  Can infer an Agreement from the Conduct  Punishment for conspiracy is the same as it would be for the crime the person conspired to commit 03.04.07   SOLICITATION (18-2001)  DEFINED: With the purpose of promoting or facilitating the commission, the person solicits, importunes, commands, encourages or requests another person to engage in specific conduct which would constitute such crime or an attempt.  Intent : Did the person intend to promote or facilitate  Punishment : Same as Attempt 03.04.08   DEFENSES  DEFINED:  Anything that disproves or raises reasonable doubt on any of the elements  of a crime.  MISTAKE OF FACT (18-201): Persons who committed the act or made the omission, under an ignorance or mistake of fact which disproves any criminal intent.  UNCONSCIOUS (18-201): Persons who committed the act charged without being conscious thereof (because of seizure, or other medical conditions).   ACCIDENT OR MISFORTUNE (18-201) : Persons who committe   d the act or made the omission charged, through misfortune or by accident, when it appears that there was no evil design, intention or culpable negligence. 03.04.04 DEFENSES  DURESS (18-201): Persons who committed the act or made the omission charged, under threats or menaces sufficient to show that they had reasonable cause to and did believe their lives would be endangered if they refused.  IGNORANCE OF THE LAW: Not a valid defense  ENTRAPMENT:  An otherwise innocent person, not inclined to commit a criminal offense, is induced to do by a state agent. 03.04.04   DEFENSES  INTOXICATION (18-116) :person who is in an intoxicated condition is criminally responsible for his conduct and an intoxicated condition is not a defense to any offense and may not be taken into consideration in determining the existence of a mental state which is an element of the offense.  INSANITY AND MENTAL ILLNESS : Not a defense to a crime in Idaho. The defendant can introduce evidence of their mental condition at trial to show their state of mind. A court may also determine that a defendant is incompetent to stand trial -this would only delay the criminal trial (perhaps indefinitely). 03.04.04   DEFENSES  SELF-DEFENSE (19-201 and 19-202) : Lawful resistance to the commission of a public offense may be made (1) By the party about to be injured or (2) By other parties.  Resistance by Party to be Injured or Defend Another  May Only Use the Force Necessary to Prevent Injury   Amount of Force Judged By the Perpetrator’s Force  Resistance in Defense of Property:  Same as above, but may never use deadly force. 03.04.04  10/17/20143 BURGLARY (18-1401)  DEFINED : Every person who enters  any building or structure with intent to commit any theft (including misdemeanor theft) or any felony  , is guilty of burglary.  Felony  Possession of Burglarious Instruments: (18-1406) Possesses things like lock picks, etc., without a license, and with the intent to feloniously break into a building. Misdemeanor. 03.04.09   UNLAWFUL ENTRY (18-7034)  DEFINED: Every person, except under landlord-tenant relationship, who enters  any dwelling house, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, closed vehicle, closed trailer, airplane, railroad car or outbuilding without the consent of the owner of such property or his agent or any person in lawful possession thereof, is guilty of a misdemeanor.  Lesser included offense of Burglary. 03.04.10   THEFT (18-2403)  DEFINED:  A person steals property and commits   theft when  , with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds  such property from an owner thereof.  Theft Statute: Includes fraud, embezzlement, larceny, etc. (18-2401)  GRADES:  Grand Theft (18-2407): Extortion, theft over $1,000, theft of checks, theft of property from the person of another regardless of value  , and other situations as specified in 18-2407(1) (Felony)  Petit Theft (18-2407):  Anything that is not grand theft (Misdemeanor) 03.04.1103.04.12   WILLFUL CONCEALMENT (18-4626)   A person, without authority, willfully conceals the goods or merchandise of any store or merchant, while still on the store premises. Misdemeanor. 03.04.13   OPERATING A VEHICLE WITHOUT THE OWNER’S CONSENT (49-227)   A person who operates a vehicle, not his own, without  the consent of the owner, and with  the intent to temporarily to deprive the owner of possession.  Misdemeanor,unless any damages caused to the vehicle exceeds one thousand dollars.   A person may not rely on a vehicle owner’s previous consent to use the same vehicle. 03.04.14   ROBBERY (18-6501)  DEFINED: The felonious taking of personal property in the possession of another from his person or immediate presence, and against his will, accomplished by means of force or fear.  Felony 03.04.18  10/17/20144 FORGERY (18-3601)  With the intent  to defraud another, falsely makes, alters, forges or counterfeits ( virtually any document  ), OR   Forges handwriting ( with the intent to defraud  ), OR   Passes a bad check ( with the intent to defraud).  Felony 03.04.17   FRAUDULENT USE OF A FINANCIAL TRANSACTION CARD (18-3124)  What is a Financial Transaction Card (“FTC”):  Credit card  Bank card  Check guarantee card  Debit card  Telephone credit card  Card by any other name used to (1) obtain money, goods, services, or anything else of value on credit; (2) access account to deposit or withdraw funds FRAUDULENT USE OF A FINANCIAL TRANSACTION CARD (18-3124)  Knowingly exceeding available balance  Knowingly depositing false checks, money orders, etc using an ATM  Selling or attempting to sell credit card sales drafts  Keeping or maintaining impressions of credit card sales drafts to create fake credit sales draft  Misdemeanor-$300 or less  Felony –Greater than $300 COMPUTER CRIME (18-2202)   Any person who knowingly and without authorization:  attempts to access or uses, or attempts to use any computer, computer system, network, or any part thereof for the purpose of: devising or executing any scheme or artifice to defraud (felony); OR   alters, damages or destroys any computer, computer network, system, software, program, documentation, or data contained therein (felony); OR   uses, accesses, or attempts to access any computer, computer system, network, software, program, documentation or data contained therein (misdemeanor).    ARSON 1 ST DEGREE (18-802)   Any person who willfully and unlawfully, by fire or explosion, damages any dwelling  or structure  , whether occupied or not, but in which persons are normally present or there is reason to believe persons are present  .   Any person who willfully and unlawfully, by fire or explosion, damages any real or personal  property  with the intent to defraudan insurer  .  Felony 03.04.19    ARSON 2 ND DEGREE (18-803)   Any person who willfully and unlawfully, by fire or explosion, damages any structure  not described above.  Felony 03.04.19
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