Child Abuse Definitions
(1) "Abused" means any case in which a child has been the victim of:
(a) Conduct or omission resulting in skin bruising, bleeding, malnutrition, burns, fracture of any bone, subdural hematoma, soft tissue swelling, failure to thrive or death, and such condition or death is not justifiably explained.
(b) Sexual conduct, including rape, molestation, incest, prostitution, obscene or pornographic photographing, filming or depiction for commercial purposes, or other similar forms of sexual exploitation.
(2) "Abandoned" means the failure of the parent to maintain a normal parental relationship with his child. Failure to maintain this relationship without just cause for a period of one (1) year shall constitute prima facie evidence of abandonment.
(24) "Mental injury" means a substantial impairment in the intellectual or psychological ability of a child to function within a normal range of performance and/or behavior, for short or long terms.
(25) "Neglected" means a child:
(a) Who is without proper parental care and control, or subsistence, medical or other care or control necessary for his well-being.
(d) Who is without proper education.
Reporting of abuse, abandonment or neglect
(1) Any physician, resident on a hospital staff, intern, nurse, coroner, school teacher, day care personnel, social worker, or other person having reason to believe that a child under the age of eighteen (18) years has been abused, abandoned or neglected or who observes the child being subjected to conditions or circumstances which would reasonably result in abuse, abandonment or neglect shall report or cause to be reported within twenty-four (24) hours such conditions or circumstances to the proper law enforcement agency or the department.
(3) The notification requirements of subsection (1) of this section do not apply to a duly ordained minister of religion, with regard to any confession or confidential communication made to him in his ecclesiastical capacity in the course of discipline enjoined by the church to which he belongs if:
(a) The church qualifies as tax-exempt
(b) The confession or confidential communication was made directly to the duly ordained minister of religion; and
(c) The confession or confidential communication was made in the manner and context which places the duly ordained minister of religion specifically and strictly under a level of confidentiality that is considered inviolate by canon law or church doctrine. A confession or confidential communication made under any other circumstances does not fall under this exemption.
(4) Failure to report as required in this section shall be a misdemeanor.
Immunity from Reporting Child Abuse
Any person who has reason to believe that a child has been abused, abandoned or neglected and, acting upon that belief, makes a report of abuse, abandonment or neglect, shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed.
Any person who reports in bad faith or with malice shall not be protected by this section. Any privilege between husband and wife, or between any professional person except the lawyer-client privilege, including but not limited to physicians, counselors, hospitals, clinics, day care centers and schools and their clients shall not be grounds for excluding evidence at any proceeding regarding the abuse, abandonment or neglect of the child or the cause thereof.
Emergency Custodial Removal
(1) (a) A child may be taken into shelter care by a peace officer without an order when the child is endangered in his surroundings and prompt removal is necessary to prevent serious physical or mental injury to the child or where the child is an abandoned child pursuant to the provisions of chapter 82, title 39, Idaho Code.
(b) An alleged offender may be removed from the home of the victim of abuse or neglect by a peace officer without an order, when the child is endangered and prompt removal of an alleged offender is necessary to prevent serious physical or mental injury to the child.
Injury to children
(1) Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of such child to be injured, or willfully causes or permits such child to be placed in such situation that its person or health is endangered.
(2) Any person who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of such child to be injured, or willfully causes or permits such child to be placed in such situation that its person or health may be endangered, is guilty of a misdemeanor.
(3) A person commits the crime of injury to a child if the person transports a minor in a motor vehicle while under the influence of alcohol, intoxicating liquor, a controlled substance, or any combination.
Sexual abuse of a child under the age of sixteen years
(1) It is a felony for any person eighteen (18) years of age or older, with the intent to gratify the lust, passions, or sexual desire of the actor, minor child or third party, to:
(a) Solicit a minor child under the age of sixteen (16) years to participate in a sexual act;
(b) Cause or have sexual contact with such minor child, not amounting to lewd conduct as defined in section 18-1508, Idaho Code;
(c) Make any photographic or electronic recording of such minor child; or
(d) Induce, cause or permit a minor child to witness an act of sexual conduct.
Sexual Exploitation of a Child
(2) A person commits sexual exploitation of a child if he knowingly and willfully:
(a) Possesses or accesses through any means including, but not limited to, the internet, any sexually exploitative material; or
(b) Causes, induces or permits a child to engage in, or be used for, any explicit sexual conduct for the purpose of producing or making sexually exploitative material; or
(c) Promotes, prepares, publishes, produces, makes, finances, offers, exhibits or advertises any sexually exploitative material; or
(d) Distributes through any means including, but not limited to, mail, physical delivery or exchange, use of a computer or any other electronic or digital method, any sexually exploitative material. Distribution of sexually exploitative material does not require a pecuniary transaction or exchange of interests in order to complete the offense.
Lewd conduct with minor child under sixteen
Any person who shall commit any lewd or lascivious act or acts upon or with the body or any part or member thereof of a minor child under the age of sixteen (16) years, including but not limited to, genital-genital contact, oral-genital contact, anal-genital contact, oral-anal contact, manual-anal contact, or manual-genital contact, whether between persons of the same or opposite sex, or who shall involve such minor child in any act of bestiality or sado-masochism as defined in section 18-1507, Idaho Code, when any of such acts are done with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of such person, such minor child, or third party, shall be guilty of a felony and shall be imprisoned in the state prison for a term of not more than life.
Enticing a Child
(1) A person shall be guilty of a misdemeanor if that person attempts to persuade, or persuades, whether by words or actions or both, a minor child under the age of sixteen (16) years to either:
(a) Leave the child's home or school; or
(b) Enter a vehicle or building; or
(c) Enter a structure or enclosed area, or alley, with the intent that the child shall be concealed from public view;
while the person is acting without the authority of (i) the custodial parent of the child, (ii) the state of Idaho or a political subdivision thereof or (iii) one having legal custody of the minor child. Nothing contained in this section shall be construed to prevent the lawful detention of a minor child or the rendering of aid or assistance to a minor child.
Trafficking of Children
Any person or persons who shall sell or barter any child for adoption or for any other purpose, shall be guilty of a felony.
If two (2) or more persons combine or conspire to commit any crime or offense prescribed by the laws of the state of Idaho, and one (1) or more of such persons does any act to effect the object of the combination or conspiracy, each shall be punishable upon conviction in the same manner and to the same extent as is provided under the laws of the state of Idaho for the punishment of the crime or offenses that each combined to commit.
Impersonating an Officer
Any person who shall in this state unlawfully exercise or attempt to exercise the functions of, or hold himself out to any one as, a deputy sheriff, marshal, policeman, constable or peace office shall be guilty of a felony.
Definitions - Arson
Definitions. In this chapter, the following terms have the following meanings:
(1) "Damage", in addition to its ordinary meaning, includes any charring, scorching, burning or breaking, and shall include any diminution in the value of any property as a consequence of an act;
(2) "Dwelling" means any structure used or intended for use as human habitation;
(3) "Structure" means any building of any kind, including fixtures and appurtenances attached thereto, any coliseum, bridge or carport, any tent or other portable building, or any vehicle, vessel, watercraft or aircraft;
(4) "Real property" means any land, and shall include any crops growing thereon;
(5) "Personal property" means any tangible property, including anything severed from the land;
(6) "Forest land" means any brush covered land, cut-over land, forest, prairie, grasslands, wetlands or woods;
(7) "Firefighter" means any person assisting in the suppression or extinguishment of any fire or explosion.
Arson - First Degree
Any person who willfully and unlawfully, by fire or explosion, damages:
(1) Any dwelling, whether occupied or not; or
(2) Any structure, whether occupied or not, in which persons are normally present, including without limitation: jails, prisons or detention centers; hospitals, nursing homes or other health care facilities; department stores, office buildings, business establishments, churches or educational institutions, or other similar structures; or
(3) Any other structure which the actor has reasonable grounds to believe is occupied by a human being; or
(4) Any real or personal property, whether the property of the actor or another, with the intent to deceive or harm any insurer or any person with a legal or financial interest in the property, or obtain any financial gain for the actor or another;
Arson - Second Degree
Any person who willfully and unlawfully, by fire or explosion, damages any structure, whether the property of the actor or another, not included or described in the preceding section, is guilty of arson in the second degree.
Arson - Third Degree
Any person who willfully and unlawfully, by fire or explosion, damages:
(1) Any real or personal property of another; or
(2) Any forest land;
is guilty of arson in the third degree.
A person whose violation of sections 18-802, 18-803 or 18-804, Idaho Code, results, directly or indirectly, in great bodily harm, permanent disability, permanent disfigurement or death of a firefighter or any other person, regardless of intent or lack of intent to cause such harm.
Statute of Limitations - No Expiration
Notwithstanding any other provision of law, there is no limitation of time within which a prosecution for the following crimes must be commenced:
(2) Voluntary manslaughter;
(4) Sexual abuse of a child or lewd conduct with a child or
(5) An act of terrorism
Statute of Limitations - Felonies
A prosecution for any felony other than those specified in section 19-401, Idaho Code, must be commenced by the filing of the complaint or the finding of an indictment within five (5) years after its commission provided however, a prosecution must be commenced within three (3) years after the date of initial disclosure by the victim.
Statute of LImitations - Misdemeanor
(1) Except as provided in subsections (2) and (3) of this section, a prosecution for any misdemeanor must be commenced by the filing of the complaint or the finding of an indictment within one (1) year after its commission.
(2) A prosecution for failure to report or failure to cause to be reported the abuse, abandonment or neglect of a child must be commenced by the filing of the complaint or the finding of an indictment within four (4) years after its commission.
(3) A prosecution for misuse of funds must be commenced by the filing of the complaint or the finding of an indictment within five (5) years after its commission.
Subject to the prior jurisdiction of the United States, the court shall have exclusive, original jurisdiction over any juvenile and over any adult who was a juvenile at the time of any act, omission or status, in the county in which the juvenile resides, or in the county in which the act, omission or status allegedly took place, in the following cases:
(1) Where the act, omission or status occurs in the state of Idaho and is prohibited by federal, state, local or municipal law or ordinance by reason of minority only;
(2) Where the act or omission occurs in the state of Idaho and is a violation of any federal, state, local or municipal law or ordinance which would be a crime if committed by an adult;
(3) Concerning any juvenile where the juvenile comes under the purview of the interstate compact for juveniles as set forth in chapter 19, title 16, Idaho Code;
(4) This chapter shall not apply to juvenile violators of beer, wine or other alcohol and tobacco laws; except that a juvenile violator under the age of eighteen (18) years at the time of the violation may, at the discretion of the court, be treated under the provisions of this chapter;
(5) This chapter shall not apply to the juvenile offenders who are transferred for criminal prosecution as an adult, as provided in this chapter;
(6) This chapter shall not apply to juvenile violators of traffic, watercraft, fish and game, failure to obey a misdemeanor citation and criminal contempt laws; except that a juvenile violator under the age of eighteen (18) years at the time of such violation may, at the discretion of the court, be treated under the provisions of this chapter;
(7) This chapter shall not apply to juvenile sex offenders who violate the provisions of section 18-8414, Idaho Code.
Dealer License Plates
(1) Any dealer or manufacturer license plate issued may, during the calendar year for which issued, be transferred from one (1) vehicle to another owned or operated by such manufacturer or dealer, in pursuance of his business as a manufacturer or dealer.
(3) A dealer plate may be used on a vehicle assigned for personal use on a full-time basis to the dealer, or licensed full-time vehicle salesman. This personal use exception applies only to the manufacturer, dealer, or licensed full-time vehicle salesman personally, and any other persons, including members of their families, are excluded. A prospective purchaser of a vehicle may have possession of the vehicle with a dealer plate for not more than ninety-six (96) hours or may operate the vehicle when accompanied by the manufacturer, dealer or a licensed vehicle salesman.
Limitations on Backing
(1) The driver of a vehicle shall not back the vehicle unless that movement can be made with safety and without interfering with other traffic.
(2) The driver of a vehicle shall not back it upon any shoulder or lane of travel of any controlled-access highway.
Unattended motor vehicles
No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key from the ignition, effectively setting the parking brake and, when standing upon any grade, turning the front wheels to the curb or side of the highway.
Drivers to Excercise Due Care
Notwithstanding other provisions of this title or the provisions of any local ordinance, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and shall give an audible signal when necessary. Every driver shall exercise proper precaution upon observing any child or any obviously confused, incapacitated or intoxicated person.
Drive on right side of roadway
(1) Upon all highways of sufficient width a vehicle shall be driven upon the right half of the roadway except as follows:
(a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;
(b) When an obstruction exists making it necessary to drive to the left of the center of the highway. Any person doing so shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within a distance as to constitute an immediate hazard;
(c) Upon a highway divided into three (3) marked lanes for traffic under the applicable rules; or
(d) Upon a highway restricted to one-way traffic.
(2) Upon all highways any vehicle proceeding at less than normal speed of traffic at the time and place and under the conditions then existing, shall be driven in the right-hand lane available for traffic, or as close as practicable to the right-hand curb or edge of the highway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.
(3) No vehicle shall be driven to the left of the center line upon any highway having four (4) or more lanes for moving traffic and providing for two-way movement of traffic, except when authorized by a traffic-control device designating certain lanes to the left side of the center of the highway for use by traffic not otherwise permitted to use such lanes, or except as permitted under subsection (1)(b) of this section. This subsection shall not be construed as prohibiting the crossing of the centerline in making a left turn into or from an alley, private road or driveway.
Overtaking a vehicle on the left
The following shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions and special requirements stated:
(1) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.
(2) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.
Passing on the RIght
(1) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
(a) When the vehicle overtaken is making or about to make a left turn;
(b) Upon a highway with unobstructed pavement of sufficient width for two (2) or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.
(2) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. That movement shall not be made by driving off the roadway.
Upon a highway designated for one-way traffic, a vehicle shall be driven only in the direction designated at all or such times as shall be indicated by traffic-control devices.
Emerging from alley, driveway or building
The driver of a vehicle emerging from an alley, building, private road or driveway within a business or residential district shall stop the vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across the alley, building entrance, or driveway, or in the event there is no sidewalk area, shall stop at the point nearest the highway to be entered where the driver has a view of approaching traffic.