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Flashcards in Idaho Code - Criminal Deck (164)
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1

16-1602
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.

2

16-1605
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.

3

16-1606
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.

4

18-1401
Burglary (F)

Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse, or other building, tent, vessel, vehicle, trailer, airplane or railroad car, with intent to commit any theft or any felony, is guilty of burglary.

4

16-1608
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.

5

18-1406
Possession of burglarious instruments

Every person having upon him, or in his possession, a picklock, crow, key, bit, or other instrument or tool, with intent feloniously to break or enter into any building or who shall knowingly make or alter, or shall attempt to make or alter any key or other instrument above named, so that the same will fit or open the lock of a building, without being requested so to do by some person having the right to open the same, or who shall make, alter, or repair, any instrument or thing, knowing, or having reason to believe, that it is intended to be used in committing a misdemeanor or felony, is guilty of a misdemeanor.

6

18-1501
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.

7

18-1505
Abuse, exploitation or neglect of a vulnerable adult

(1) Any person who abuses or neglects a vulnerable adult under circumstances likely to produce great bodily harm or death is guilty of a felony.
(2)  Any person who abuses or neglects a vulnerable adult under circumstances other than those likely to produce great bodily harm or death is guilty of a misdemeanor.
(3)  Any person who exploits a vulnerable adult is guilty of a misdemeanor, unless the monetary damage from such exploitation exceeds one thousand dollars ($1,000), in which case the person is guilty of a felony.

(4)  As used in this section:
(a)  "Abuse" means the intentional or negligent infliction of physical pain, injury or mental injury. Intentional abuse shall be punished under subsection (1) or (2) of this section depending upon the harm inflicted. Abuse by negligent infliction shall only be punished under subsection (2) of this section.
(b)  "Caretaker" means any individual or institution that is responsible by relationship, contract or court order to provide food, shelter or clothing, medical or other life-sustaining necessities to a vulnerable adult.
(c)  "Exploitation" or "exploit" means an action which may include, but is not limited to, the unjust or improper use of a vulnerable adult's financial power of attorney, funds, property or resources by another person for profit or advantage.
(d)  "Neglect" means failure of a caretaker to provide food, clothing, shelter or medical care to a vulnerable adult, in such a manner as to jeopardize the life, health and safety of the vulnerable adult.
(e)  "Vulnerable adult" means a person eighteen (18) years of age or older who is unable to protect himself from abuse, neglect or exploitation due to physical or mental impairment which affects the person's judgment or behavior to the extent that he lacks sufficient understanding or capacity to make or communicate or implement decisions regarding his person, funds, property or resources.

7

18-1502
Beer, wine or other alcohol age violations

(c)  A conviction under this section shall not be used or considered in any manner for purposes of motor vehicle insurance.
(d)  Whenever a person pleads guilty or is found guilty of violating any law pertaining to the possession, use, procurement, attempted procurement or dispensing of any beer, wine, or other alcoholic beverage, and such person was under twenty-one (21) years of age at the time of such violation, then in addition to the penalty provided in subsection (b) of this section:
(1)  The court shall suspend the person's driving privileges for a period of not more than one (1) year. The person may request restricted driving privileges during the period of suspension, which the court may allow, if the person shows by a preponderance of the evidence that driving privileges are necessary as deemed appropriate by the court.
(2)  If the person's driving privileges have been previously suspended under this section, the court shall suspend the person's driving privileges for a period of not more than two (2) years. The person may request restricted driving privileges during the period of suspension, which the court may allow, if the person shows by a preponderance of the evidence that driving privileges are necessary as deemed appropriate by the court.
(3)  The person shall surrender his license or permit to the court.
(4)  The court shall notify the motor vehicle division of the Idaho transportation department of all orders of suspension it issues pursuant to this section.
(5)  The court, in its discretion, may also order the person to undergo and complete an alcohol evaluation and to complete an alcohol treatment or education program in the same manner that persons sentenced pursuant to section 18-8005, Idaho Code, are required to undergo and complete.

 

8

18-1506
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.

9

18-1507
Sexual Exploitation of a Child
(F)

(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.

10

18-1507A
Possession of sexually exploitative material for other than a commercial purpose

(1) It is the policy of the legislature in enacting this section to protect children from the physical and psychological damage caused by their being used in photographic representations of sexual conduct which involves children. It is, therefore, the intent of the legislature to penalize possession of photographic representations of sexual conduct which involves children in order to protect the identity of children who are victimized by involvement in the photographic representations, and to protect children from future involvement in photographic representations of sexual conduct.

(2) Every person who knowingly and willfully has in his possession any sexually exploitative material is guilty of a felony.

12

18-1508
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.

 

13

18-1509
Enticing a Child
(M)

(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.

13

18-1508A
Sexual battery of a minor child sixteen or seventeen years of age

(1) It is a felony for any person at least five (5) years of age older than a minor child who is sixteen (16) or seventeen (17) years of age, who, with the intent of arousing, appealing to or gratifying the lust, passion, or sexual desires of such person, minor child, or third party, to:
(a)  Commit any lewd or lascivious act or acts upon or with the body or any part or any member thereof of such minor child 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 explicit sexual conduct as defined in section 18-1507, Idaho Code; or
(b)  Solicit such minor child to participate in a sexual act; or
(c)  Cause or have sexual contact with such minor child, not amounting to lewd conduct as defined in paragraph (a) of this subsection; or
(d)  Make any photographic or electronic recording of such minor child.
(2)  For the purpose of subsection (b) of this section, "solicit" means any written, verbal or physical act which is intended to communicate to such minor child the desire of the actor or third party to participate in a sexual act or participate in sexual foreplay, by the means of sexual contact, photographing or observing such minor child engaged in sexual contact.
(3)  For the purpose of this section, "sexual contact" means any physical contact between such minor child and any person or between such minor children which is caused by the actor, or the actor causing such minor child to have self contact.
(4)  Any person guilty of a violation of the provisions of subsection (1)(a) of this section shall be imprisoned in the state prison for a period not to exceed life.
(5)  Any person guilty of a violation of the provisions of subsections (1)(b), (1)(c), or (1)(d) of this section shall be imprisoned in the state prison for a period not to exceed twenty-five (25) years.

15

18-1510
Providing shelter to runaway children

A person who knowingly or intentionally provides housing or other accommodations to a child seventeen (17) years of age or younger without authority shall be guilty of a misdemeanor.
 

16

18-1511
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.

17

18-1701
Criminal Conspiracy

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.

19

18-2201
Computer Crimes Definitions

(1)  To "access" means to instruct, communicate with, store data in, retrieve data from or otherwise make use of any resources of a computer, computer system, or computer network.
(2)  "Computer" means, but is not limited to, an electronic device which performs logical, arithmetic, or memory functions by the manipulations of electronic or magnetic impulses, and includes all input, output, processing, storage, software, or communication facilities which are connected or related to such a device in a system or network.
(3)  "Computer network" means, but is not limited to, the interconnection of communication lines (including microwave or other means of electronic communication) with a computer through remote terminals, or a complex consisting of two (2) or more interconnected computers.
(4)  "Computer program" means, but is not limited to, a series of instructions or statements, in a form acceptable to a computer, which permits the functioning of a computer system in a manner designed to provide appropriate products from such computer system.
(5)  "Computer software" means, but is not limited to, computer programs, procedures, and associated documentation concerned with the operation of a computer system.
(6)  "Computer system" means, but is not limited to, a set of related, connected or unconnected, computer equipment, devices, and software.
(7)  "Property" includes, but is not limited to, financial instruments, information, including electronically produced data, and computer software and programs in either machine or human readable form, and any other tangible or intangible item of value.
(8)  "Services" include, but are not limited to, computer time, data processing, and storage functions.

19

18-2202
Computer Crimes

(1) Any person who knowingly accesses, attempts to access or uses, or attempts to use any computer, computer system, computer network, or any part thereof for the purpose of: devising or executing any scheme or artifice to defraud; obtaining money, property, or services by means of false or fraudulent pretenses, representations, or promises; or committing theft; commits computer crime. (Felony)
(2)  Any person who knowingly and without authorization alters, damages, or destroys any computer, computer system, or computer network described in section 18-2201, Idaho Code, or any computer software, program, documentation, or data contained in such computer, computer system, or computer network commits computer crime. (Felony)
(3)  Any person who knowingly and without authorization uses, accesses, or attempts to access any computer, computer system, or computer network described in section 18-2201, Idaho Code, or any computer software, program, documentation or data contained in such computer, computer system, or computer network, commits computer crime. (Misdemeanor)

21

18-2403
Theft

(1) 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.

(2)  Theft includes a wrongful taking, obtaining or withholding of another's property, with the intent prescribed in subsection (1) of this section, committed in any of the following ways:
(a)  By deception obtains or exerts control over property of the owner;
(b)  By conduct heretofore defined or known as larceny; common law larceny by trick; embezzlement; extortion; obtaining property, money or labor under false pretenses; or receiving stolen goods;
(c)  By acquiring lost property. A person acquires lost property when he exercises control over property of another which he knows to have been lost or mislaid, or to have been delivered under a mistake as to the identity of the recipient or the nature or amount of the property, without taking reasonable measures to return such property to the owner; or a person commits theft of lost or mislaid property when he:
1.  Knows or learns the identity of the owner or knows, or is aware of, or learns of a reasonable method of identifying the owner; and
2.  Fails to take reasonable measures to restore the property to the owner; and
3.  Intends to deprive the owner permanently of the use or benefit of the property.
(d)  By false promise:
1.  A person obtains property by false promise when pursuant to a scheme to defraud, he obtains property of another by means of a representation, express or implied, that he or a third person will in the future engage in particular conduct, and when he does not intend to engage in such conduct or, as the case may be, does not believe that the third person intends to engage in such conduct.
2.  In any prosecution for theft based upon a false promise, the defendant's intention or belief that the promise would not be performed may not be established by or inferred from the fact alone that such promise was not performed. Such a finding may be based only upon evidence establishing that the facts and circumstances of the case are consistent with guilty intent or belief and inconsistent with innocent intent or belief, and excluding to a moral certainty every reasonable hypothesis except that of the defendant's intention or belief that the promise would not be performed;
(e)  By extortion. A person obtains property by extortion when he compels or induces another person to deliver such property to himself or to a third person by means of instilling in him a fear that, if the property is not so delivered, the actor or another will:
1.  Cause physical injury to some person in the future; or
2.  Cause damage to property; or
3.  Engage in other conduct constituting a crime; or
4.  Accuse some person of a crime or cause criminal charges to be instituted against him; or
5.  Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule; or
6.  Cause a strike, boycott or other collective labor group action injurious to some person's business; except that such a threat shall not be deemed extortion when the property is demanded or received for the benefit of the group in whose interest the actor purports to act; or
7.  Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or
8.  Use or abuse his position as a public servant by performing some act within or related to his official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely; or
9.  Perform any other act which would not in itself materially benefit the actor but which is calculated to harm another person materially with respect to his health, safety, business, calling, career, financial condition, reputation or personal relationships.

(3)  A person commits theft when he knowingly takes or exercises unauthorized control over, or makes an unauthorized transfer of an interest in, the property of another person, with the intent of depriving the owner thereof.

(4)  A person commits theft when he knowingly receives, retains, conceals, obtains control over, possesses, or disposes of stolen property, knowing the property to have been stolen or under such circumstances as would reasonably induce him to believe that the property was stolen, and
(a)  Intends to deprive the owner permanently of the use or benefit of the property; or
(b)  Knowingly uses, conceals or abandons the property in such manner as to deprive the owner permanently of such use or benefit; or
(c)  Uses, conceals, or abandons the property knowing such use, concealment or abandonment probably will deprive the owner permanently of such use or benefit.

(5)  Theft of labor or services or use of property.
(a)  A person commits theft when he obtains the temporary use of property, labor or services of another which are available only for hire, by means of threat or deception or knowing that such use is without the consent of the person providing the property, labor or services.
(b)  A person commits theft when after renting or leasing a motor vehicle under an agreement in writing which provides for the return of the vehicle to a particular place at a particular time, he willfully or intentionally fails to return the vehicle to that place within forty-eight (48) hours after the time specified.
(c)  A person commits theft if, having control over the disposition of services of others, to which he is not entitled, he knowingly diverts such services to his own benefit or to the benefit of another not entitled thereto.

21

18-2404
Theft by lessee

It shall be prima facie evidence that a person knowingly obtains or exerts unauthorized control over property of the owner when a lessee of the personal property of another, leased or rented by written instrument:

(1)  Fails or refuses to return such personal property to its owner after the lease or rental agreement has expired:
(a)  Within ten (10) days; and
(b)  Within forty-eight (48) hours after written demand for return thereof is personally served or given by registered mail delivered to the last known address provided in such lease or rental agreement; or

(2)  When the lease or rent of such personal property is obtained by presentation of identification to the lessor or renter thereof which is false, fictitious, or knowingly not current to name, address, place of employment, or other identification.

22

18-2407
Grading of theft

Theft is divided into two (2) degrees, grand theft and petit theft.

(1)  Grand theft.
(a)  A person is guilty of grand theft when he commits a theft as defined in this chapter and when the property, regardless of its nature and value, is obtained by extortion committed by instilling in the victim a fear that the actor or another person will:
1.  Cause physical injury to some person in the future; or
2.  Cause damage to property; or
3.  Use or abuse his position as a public servant by engaging in conduct within or related to his official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely.
(b)  A person is guilty of grand theft when he commits a theft as defined in this chapter and when:
1.  The value of the property taken exceeds one thousand dollars ($1,000); or
2.  The property consists of a public record, writing or instrument kept, filed or deposited according to law with or in the keeping of any public office or public servant; or
3.  The property consists of a check, draft or order for the payment of money upon any bank, or a check, draft or order account number, or a financial transaction card or financial transaction card account number as those terms are defined in section 18-3122, Idaho Code; or
4.  The property, regardless of its nature or value, is taken from the person of another; or
5.  The property, regardless of its nature and value, is obtained by extortion; or
6.  The property consists of one (1) or more firearms, rifles or shotguns; or
7.  The property taken or deliberately killed is livestock or any other animal exceeding one hundred fifty dollars ($150) in value.
8.  When any series of thefts, comprised of individual thefts having a value of one thousand dollars ($1,000) or less, are part of a common scheme or plan, the thefts may be aggregated in one (1) count and the sum of the value of all of the thefts shall be the value considered in determining whether the value exceeds one thousand dollars ($1,000); or
9.  The property has an aggregate value over fifty dollars ($50.00) and is stolen during three (3) or more incidents of theft during a criminal episode. For purposes of this subparagraph a "criminal episode" shall mean a series of unlawful acts committed over a period of up to three (3) days; or
10. The property is anhydrous ammonia.

(2)  Petit theft. A person is guilty of petit theft when he commits a theft as defined in this chapter and his actions do not constitute grand theft.

23

18-2604
Intimidating a witness

(1) Any person who, by direct or indirect force, or by any threats to a person or property, or by any manner wilfully intimidates, influences, impedes, deters, threatens, harasses, obstructs or prevents a witness, including a child witness, or any person who may be called as a witness or any person he believes may be called as a witness in any civil proceeding from testifying freely, fully and truthfully in that civil proceeding is guilty of a misdemeanor.
(2)  Any person who, by direct or indirect force, or by any threats to a person or property, or by any manner wilfully intimidates, threatens or harasses any person because such person has testified or because he believes that such person has testified in any civil proceedings is guilty of a misdemeanor.
(3)  Any person who, by direct or indirect force, or by any threats to person or property, or by any manner wilfully intimidates, influences, impedes, deters, threatens, harasses, obstructs or prevents, a witness, including a child witness, or any person who may be called as a witness or any person he believes may be called as a witness in any criminal proceeding or juvenile evidentiary hearing from testifying freely, fully and truthfully in that criminal proceeding or juvenile evidentiary hearing is guilty of a felony.
(4)  Any person who, by direct or indirect force, or by any threats to a person or property, or by any manner wilfully intimidates, threatens or harasses any person because such person has testified or because he believes that such person has testified in any criminal proceeding or juvenile evidentiary hearing is guilty of a felony.
(5)  The fact that a person was not actually prevented from testifying shall not be a defense to a charge brought under subsection (1), (2), (3) or (4) of this section.

24

18-2706
Presentation of fraudulent accounts

Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher or writing, is guilty of a felony.

 

26

18-2901
False imprisonment

False imprisonment is the unlawful violation of the personal liberty of another.

26

18-3002
Receiving money or property under false personation

Every person who falsely personates another, and in such assumed character receives any money or property knowing that it is intended to be delivered to the individual so personated, with intent to convert the same to his own use, or that of another person, or to deprive the owner thereof, is punishable in the same manner and to the same extent as for larceny of the money or property so received.

28

18-310
Offenses that prohibit possession of firearm

(2)  Upon final discharge, a person convicted of any Idaho felony shall be restored the full rights of citizenship, except that for persons convicted of treason or those offenses enumerated in paragraphs (a) through (jj) of this subsection the right to ship, transport, possess or receive a firearm shall not be restored. As used in this subsection, "final discharge" means satisfactory completion of imprisonment, probation and parole as the case may be.
(a)  aggravated assault (18-905, 18-915, Idaho Code);
(b)  aggravated battery (18-907, 18-915, Idaho Code);
(c)  assault with intent to commit a serious felony (18-909, 18-915, Idaho Code);
(d)  battery with intent to commit a serious felony (18-911, 18-915, Idaho Code);
(e)  burglary (18-1401, Idaho Code);
(f)  crime against nature (18-6605, Idaho Code);
(g)  domestic battery, felony (18-918, Idaho Code);
(h)  enticing of children, felony (18-1509, Idaho Code);
(i)  forcible sexual penetration by use of a foreign object (18-6608, Idaho Code);
(j)  indecent exposure, felony (18-4116, Idaho Code);
(k)  injury to child, felony (18-1501, Idaho Code);
(l)  intimidating a witness, felony (18-2604, Idaho Code);
(m)  lewd conduct with a minor or child under sixteen (18-1508, Idaho Code);
(n)  sexual abuse of a child under sixteen (18-1506, Idaho Code);
(o)  sexual exploitation of a child (18-1507, Idaho Code);
(p)  felonious rescuing prisoners (18-2501, Idaho Code);
(q)  escape by one charged with, convicted of or on probation for a felony (18-2505, Idaho Code);
(r)  unlawful possession of a firearm (18-3316, Idaho Code);
(s)  degrees of murder (18-4003, Idaho Code);
(t)  voluntary manslaughter (18-4006(1), Idaho Code);
(u)  assault with intent to murder (18-4015, Idaho Code);
(v)  administering poison with intent to kill (18-4014, Idaho Code);
(w)  kidnapping (18-4501, Idaho Code);
(x)  mayhem (18-5001, Idaho Code);
(y)  rape (18-6101, Idaho Code);
(z)  male rape (18-6108, Idaho Code);
(aa) robbery (18-6501, Idaho Code);
(bb) ritualized abuse of a child (18-1506A, Idaho Code);
(cc) cannibalism (18-5003, Idaho Code);
(dd) felonious manufacture, delivery or possession with the intent to manufacture or deliver, or possession of a controlled or counterfeit substance (37-2732, Idaho Code);
(ee) trafficking (37-2732B, Idaho Code);
(ff) threats against state officials of the executive, legislative or judicial branch, felony (18-1353A, Idaho Code);
(gg) unlawful discharge of a firearm at a dwelling house, occupied building, vehicle or mobile home (18-3317, Idaho Code);
(hh) unlawful possession of destructive devices (18-3319, Idaho Code);
(ii) unlawful use of destructive device or bomb (18-3320, Idaho Code);
(jj) attempt (18-306, Idaho Code), conspiracy (18-1701, Idaho Code), or solicitation (18-2001, Idaho Code), to commit any of the crimes described in paragraphs (a) through (ii) of this subsection.
(kk) The provisions of this subsection shall apply only to those persons convicted of the enumerated felonies in paragraphs (a) through (jj) of this subsection on or after July 1, 1991, except that persons convicted of the felonies enumerated in paragraphs (s) and (t) of this subsection, for any degree of murder or voluntary manslaughter, shall not be restored the right to ship, transport, possess or receive a firearm regardless of the date of their conviction if the conviction was the result of an offense committed by use of a firearm.

29

18-3106
Drawing check without funds

(a) Any person who for himself or as the agent or representative of another or as an officer of a corporation, willfully, with intent to defraud shall make or draw or utter or deliver, or cause to be made, drawn, uttered or delivered, any check, draft or order for the payment of money upon any bank or depositary, or person, or firm, or corporation, knowing at the time of such making, drawing, uttering or delivery that the maker or drawer has no funds in or credit with such bank or depositary, or person, or firm, or corporation, for the payment in full of such check, draft or order upon its presentation, although no express representation is made with reference thereto, shall upon conviction be punished by imprisonment in the state prison for a term not to exceed three (3) years or by a fine not to exceed fifty thousand dollars ($50,000) or by both such fine and imprisonment.

(b)  Any person who for himself or as the agent or representative of another or as an officer of a corporation, willfully, with intent to defraud shall make, draw, utter or deliver, or cause to be made, drawn, uttered or delivered, any check, draft or order for the payment of money in the sum of two hundred fifty dollars ($250) or more, or any series of transactions as defined in subsection (f) of this section, upon any bank or depositary, or person, or firm, or corporation, knowing at the time of such making, drawing, uttering or delivery that the maker or drawer has some but not sufficient funds in or credit with such bank or depositary, or person, or firm, or corporation, for the full payment of such check, draft or order or series of transactions upon presentation, although no express representation is made with reference thereto, shall upon conviction be punished by imprisonment in the state prison for a term not to exceed three (3) years, or by a fine not to exceed fifty thousand dollars ($50,000), or by both such fine and imprisonment.

(c)  Any person who for himself or as the agent or representative of another or as an officer of a corporation, willfully, with intent to defraud, shall make, draw, utter or deliver, or cause to be made, drawn, uttered, or delivered, any check, draft or order for payment of money, in a sum less than two hundred fifty dollars ($250), which is not part of a series of transactions as defined in subsection (f) of this section, upon any bank or depositary, or person, or firm, or corporation, knowing at the time of such making, drawing, uttering or delivery that the maker or drawer has some but not sufficient funds in or credit with such bank or depositary, or firm, or person, or corporation, for the full payment of such check, draft or order upon its presentation, although no express representation is made with reference thereto, shall upon conviction for a first offense be punished by imprisonment in the county jail for a term not exceeding six (6) months, or by a fine not exceeding one thousand dollars ($1,000) or by both such fine and imprisonment; and upon a second conviction the person so convicted shall be punished by imprisonment in the county jail for a term not exceeding one (1) year, or by a fine not exceeding two thousand dollars ($2,000), or by both such fine and imprisonment; provided, however, that upon a third or subsequent conviction, the person so convicted shall be punished by imprisonment in the state prison for a term not exceeding three (3) years, or by a fine not exceeding fifty thousand dollars ($50,000), or by both such fine and imprisonment.

(d)  As against the maker or drawer thereof, the making, drawing, uttering or delivering of such check, draft or order as aforesaid shall be prima facie evidence of intent to defraud and of knowledge of no funds or insufficient funds, as the case may be, in or credit with such bank, or depositary, or person, or firm, or corporation, for the payment in full of such check, draft or order upon its presentation. This prima facie intent to defraud and knowledge of no funds or insufficient funds, as the case may be, shall not be negated by evidence that the check draft or order was for payment of a preexisting debt, including open accounts. The word "credit" as used herein shall be construed to mean an arrangement or understanding with the bank or depositary, or person, or firm, or corporation upon whom such check, draft or order is drawn for the payment of such check, draft or order.

30

18-3123
Forgery of a financial transaction card

.Any person who, with intent to defraud, counterfeits, falsely makes, embosses, or encodes magnetically or electronically any FTC, or who with intent to defraud, uses the financial transaction card account number or personal identification code of a card holder in the creation of a fictitious or counterfeit credit card sales draft, signs the name of another, or a fictitious name to an FTC, sales slip, sales draft, credit card sales draft, or any instrument for the payment of money which evidences an FTC transaction, shall be guilty of forgery and shall be punished under the current forgery statutes of the state of Idaho.