Criminal Statutes of Limitations
Idaho

Last Updated: April 2023
Sexual exploitation by a medical care provider Answer

What is the statute of limitations for this crime?

Sexual exploitation by a medical care provider is a misdemeanor.

  1. A prosecution must be commenced by the filing of the complaint or the finding of an indictment within two (2) years after the commission of the offense.

Statutory citation(s):

  1. Citation for the crime: Idaho Code § 18-919.
  2. Citation for the statute of limitations: Idaho Code § 19-406.





Sexual abuse and exploitation of a vulnerable adult Answer

What is the statute of limitations for this crime?

Sexual abuse and exploitation of a vulnerable adult is a felony.

Note: “Vulnerable adult” means a person eighteen (18) years of age or older who is unable to protect himself or herself from abuse, neglect or exploitation due to physical or mental impairment which affects the person’s judgment or behavior to the extent that he or she lacks sufficient understanding or capacity to make or communicate or implement decisions regarding his or her person, funds, property or resources.

  1. A prosecution must be commenced by the filing of the complaint or the finding of an indictment within five (5) years after the commission of the offense.

Statutory citation(s):

  1. Citation for the crime: Idaho Code § 18-1505B.
  2. Citation for the statute of limitations: Idaho Code § 19-402.





Sexual abuse of a child under the age of sixteen (16) years Answer

What is the statute of limitations for this crime?

Sexual abuse of a child under the age of sixteen (16) years is a felony.

  1. There is no limitations period for this crime.

Statutory citation(s):

  1. Citation for the crime: Idaho Code § 18-1506(5).
  2. Citation for the statute of limitations: Idaho Code § 19-401(4).





Ritualized abuse of a child (i.e., a person under the age of 18) Answer

What is the statute of limitations for this crime?

Ritualized abuse of a child is a felony.

  1. A prosecution must be commenced within three (3) years after the date of initial disclosure of the offense by the victim to law enforcement.

What is the statute of limitations for this crime?

  1. Citation for the crime: Idaho Code § 18-1506A.
  2. Citation for the statute of limitations: Idaho Code § 19-402.





Female Genital Mutilation of a child (i.e., a person under the age of 18) Answer

What is the statute of limitations for this crime?

Female Genital Mutilation of a child is a felony.

  1. A prosecution must be commenced within three (3) years after the date of initial disclosure of the offense by the victim to law enforcement.

Statutory citation(s):

  1. Citation for the crime: Idaho Code § 18-1506B.
  2. Citation for the statute of limitations: Idaho Code § 19-402.





Sexual exploitation of a child/Sexual exploitation of a child by electronic means Answer

What is the statute of limitations for this crime?

Depending on the facts, sexual exploitation of a child is either a felony or a misdemeanor.

  1. If a felony, a prosecution must be commenced by the filing of the complaint or the finding of an indictment within five (5) years after the commission of the offense.
  2. If a misdemeanor, a prosecution must be commenced by the filing of the complaint or the finding of an indictment within one (1) year after the commission of the offense.

Statutory citation(s):

  1. Citation for the crime: Idaho Code §§ 18-1507, 18-1507A (Sexual Exploitation of a Child by Electronic Means).
  2. Citation for the statute of limitations: Idaho Code §§ 19-402, 19-403.





Possession of sexually exploitative material for other than a commercial purpose Answer

What is the statute of limitations for this crime?

This crime was repealed effective as of July 1, 2012.

Statutory citation(s):

This crime was repealed as of July 1, 2012.






Lewd conduct with a minor child under sixteen (16) Answer

What is the statute of limitations for this crime?

Lewd conduct with a minor child under sixteen (16) is a felony.

  1. There is no limitations period for this crime.

Statutory citation(s):

  1. Citation for the crime: Idaho Code § 18-1508.
  2. Citation for the statute of limitations: Idaho Code § 19-401.





Sexual battery of a minor child 16 or 17 years of age Answer

What is the statute of limitations for this crime?

Sexual battery of a minor child who is sixteen (16) or seventeen (17) years of age is a felony.

  1. A prosecution must be commenced by the filing of the complaint or the finding of an indictment within five (5) years after the commission of the offense.

Statutory citation(s):

  1. Citation for the crime: Idaho Code § 18-1508A.
  2. Citation for the statute of limitations: Idaho Code § 19-402.





Enticing of children (i.e., a minor under the age of sixteen (16)) Answer

What is the statute of limitations for this crime?

Enticing of children is a misdemeanor for a first offense and is a felony for second and subsequent offenses.

  1. For a misdemeanor, a prosecution must be commenced by the filing of the complaint or the finding of an indictment within one (1) year of the commission of the offense.
  2. For a felony, a prosecution must be commenced by the filing of the complaint or the finding of an indictment within five (5) years of the commission of the offense.

Statutory citation(s):

  1. Citation for the crime: Idaho Code § 18-1509.
  2. Citation for the statute of limitations: Idaho Code §§ 19-402, 19-403.





Enticing of children (i.e., a minor under the age of 16) using internet or other communication device Answer

What is the statute of limitations for this crime?

Enticing of children through use of the internet or other communication device by a person aged eighteen (18) or older is a felony.

  1. A prosecution must be commenced by the filing of the complaint or the finding of an indictment within five (5) years after the commission of the offense.

Statutory citation(s):

  1. Citation for the crime: Idaho Code § 18-1509.
  2. Citation for the statute of limitations: Idaho Code § 19-402.





Rape Answer

What is the statute of limitations for this crime?

Rape is a felony.

  1. For rape as defined in Idaho Code § 18-6101(1)-(2), prosecution must be commenced by the filing of the complaint or the finding of an indictment within five (5) years after the commission of the offense.
  2. For rape as defined in Idaho Code § 18-6101(3)-(10), there is no limitations period.

What is the statute of limitations for this crime?

  1. Citation for the crime: Idaho Code § 18-6101
  2. Citation for the statute of limitations: Idaho Code §§ 19-401; 19-402





Rape of a spouse (definition) Answer

What is the statute of limitations for this crime?

This crime was repealed as of July 1, 2021.

What is the statute of limitations for this crime?

S.L. 2021, ch. 172, § 2.






Male rape (definition) Answer

What is the statute of limitations for this crime?

This crime was repealed as of July 1, 2016.

Statutory citation(s):

S.L. 2016, ch. 296, § 3.






Male rape (punishment) Answer

What is the statute of limitations for this crime?

This crime was repealed as of July 1, 2016.

Statutory citation(s):

S.L. 2016, ch. 296, § 3.






Disseminating material harmful to minors Answer

What is the statute of limitations for this crime?

Disseminating material harmful to minors is a misdemeanor.

  1. A prosecution must be commenced against offender within one (1) year after the commission of the offense.

Statutory citation(s):

  1. Citation for the crime: Idaho Code § 18-1515.
  2. Citation for the statute of limitations: Idaho Code § 19-403.





Sexual contact with a prisoner or juvenile offender Answer

What is the statute of limitations for this crime?

Sexual contact with a prisoner or juvenile offender is a felony, punishable by up to life imprisonment.

  1. A prosecution must be commenced by the filing of the complaint or the finding of an indictment within five (5) years after the commission of the offense.

Statutory citation(s):

  1. Citation for the crime: Idaho Code § 18-6110.
  2. Citation for the statute of limitations: Idaho Code § 19-402.





Incest Answer

What is the statute of limitations for this crime?

Incest is a felony, punishable by imprisonment for up to fifteen (15) years or by up to life imprisonment if the victim is under the age of eighteen (18).

  1. A prosecution must be commenced by the filing of the complaint or the finding of an indictment within five (5) years after the commission of the offense.

Statutory citation(s):

  1. Citation for the crime: Idaho Code § 18-6601; 18-111.
  2. Citation for the statute of limitations: Idaho Code § 19-402.





Forcible sexual penetration by use of foreign object Answer

What is the statute of limitations for this crime?

Forcible sexual penetration by use of foreign object is a felony, punishable by up to life imprisonment.

  1. Prosecution must be commenced by the filing of the complaint or the finding of an indictment within five (5) years after the commission of the offense.

Statutory citation(s):

  1. Citation for the crime: Idaho Code § 18-6604.
  2. Citation for the statute of limitations: Idaho Code § 19-402.





Crime of video voyeurism Answer

What is the statute of limitations for this crime?

Video voyeurism is a felony.

  1. Prosecution must be commenced by the filing of the complaint or the finding of an indictment within five (5) years after the commission of the offense.

Statutory citation(s):

  1. Citation for the crime: Idaho Code § 18-6605.
  2. Citation for the statute of limitations: Idaho Code § 19-402.





Transfer of bodily fluid which may contain the HIV virus Answer

What is the statute of limitations for this crime?

Transfer of bodily fluid which may contain the HIV virus is a felony.

  1. Prosecution must be commenced by the filing of the complaint or the finding of an indictment within five (5) years after the commission of the offense.

Statutory citation(s):

  1. Citation for the crime: Idaho Code § 39-608.
  2. Citation for the statute of limitations: Idaho Code § 19-402.





Are there any exceptions to the statute of limitations laws? Answer
Exceptions
  • If the defendant is out of the state of Idaho when the offense is committed, the indictment may be found within the limitations period after his or her coming within the state, and no time during which the defendant is not an inhabitant of, or usually resident within, the state of Idaho is considered included in the limitations period. Idaho Code § 19-404.





Anything else I should know? Answer
Anything else I should know?
  • An indictment is deemed found when it is presented by the grand jury in open court and there received and filed. Idaho Code §19-405.
  • When a person is charged with or convicted of an offense under section 18-901, 18-903, 18-905, 18-907, 18-909, 18-911, 18-913, 18-915, 18-918, 18-919, 18-6710, 18-6711, 18-7905, 18-7906 or 39-6312, Idaho Code, or any other offense for which a court finds that a no contact order is appropriate, an order forbidding contact with another person may be issued. A no contact order may be imposed by the court or by Idaho criminal rule. Idaho Code § 18-920.








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