Criminal Statutes of Limitations
Idaho

Last Updated: March 2020
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 punishable by a fine of up to one thousand dollars ($1,000) and/or by imprisonment for up to one (1) year.

  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?

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.

Sexual abuse of a vulnerable adult is a felony punishable by a fine of up to twenty-five thousand dollars ($25,000) and/or imprisonment for up to twenty-five (25) years.  Sexual exploitation of a vulnerable adult is a felony punishable by a fine of up to twenty-five thousand dollars ($25,000) and/or imprisonment for up to fifteen (15) years.

  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 by a person aged eighteen (18) years or older is a felony punishable by imprisonment for up to twenty-five (25) years.

  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 punishable by imprisonment for up to a term of life.

  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 punishable by imprisonment for up to a term of life.

  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 the age of sixteen (16) is a felony punishable by imprisonment for up to a term of life.

  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 punishable by imprisonment for up to six (6) months and/or a fine up to one thousand dollars ($1,000); and is a felony for second and subsequent offenses, punishable by imprisonment for up to five (5) years.

  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 communications device is a felony punishable by imprisonment for a period of up to fifteen (15) years.

  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?

  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?

  1. There is no limitations period for bringing a prosecution for rape of spouse as defined in Idaho Code § 18-6107, if the offense is committed under the circumstances cited in subsections (4), (5), (6) and (10) of section 18-6101:

    (4) Where the victim resists but the resistance is overcome by force or violence.

    (5) Where the victim is prevented from resistance by the infliction, attempted infliction, or threatened infliction of bodily harm, accompanied by apparent power of execution; or is unable to resist due to any intoxicating, narcotic, or anesthetic substance.

    (6) Where the victim is prevented from resistance due to an objectively reasonable belief that resistance would be futile or that resistance would result in force or violence beyond that necessary to accomplish the prohibited contact.

    (10) Where the victim submits under the belief, instilled by the actor, that if the victim does not submit, the actor will cause physical harm to some person in the future; or cause damage to property; or engage in other conduct constituting a crime; or accuse any person of a crime or cause criminal charges to be instituted against the victim; or expose a secret or publicize an asserted fact, whether true or false, tending to subject any person to hatred, contempt or ridicule.

What is the statute of limitations for this crime?

  1. Citation for the crime: Idaho Code § 18-6107 and subsections (4), (5), (6) and (10) of § 18-6101.
  2. Citation for the statute of limitations: Idaho Code §§ 19-401.





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):

This crime was repealed as of July 1, 2016. 






Male rape (punishment) Answer

What is the statute of limitations for this crime?

  1. This crime was repealed as of July 1, 2016.

Statutory citation(s):

  1. This crime was repealed as of July 1, 2016.





Disseminating material harmful to minors Answer

What is the statute of limitations for this crime?

Disseminating material harmful to minors is a misdemeanor punishable by imprisonment for up to one (1) year and/or by a fine of up to one thousand dollars ($1,000), or by both such fine and jail sentence.

  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 is a felony punishable by imprisonment for a term of up to life.

  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 a term of up to life.

  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 § 18-6602; 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 a foreign object is a felony punishable by imprisonment for a term of up to life.

  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 § 18-6608.
  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. 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 § 18-6609.
  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 punishable by imprisonment in the state prison for a period of up to fifteen (15) years and/or a fine of up to five thousand dollars ($5,000).

  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 § 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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