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Idaho State Law Codes > FTO - Objective 10 > Flashcards

Flashcards in FTO - Objective 10 Deck (51):
1

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.

2

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)

3

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.

4

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.

4

18-2901
False imprisonment

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

5

18-3302
Concealed Weapons

(7)  Except in the person's place of abode or fixed place of business, or on property in which the person has any ownership or leasehold interest, a person shall not carry a concealed weapon without a license to carry a concealed weapon. For the purposes of this section, a concealed weapon means any dirk, dirk knife, bowie knife, dagger, pistol, revolver or any other deadly or dangerous weapon. The provisions of this section shall not apply to any lawfully possessed shotgun or rifle.

(9)  While in any motor vehicle, inside the limits or confines of any city, a person shall not carry a concealed weapon on or about his person without a license to carry a concealed weapon. This shall not apply to any firearm located in plain view whether it is loaded or unloaded. A firearm may be concealed legally in a motor vehicle so long as the weapon is disassembled or unloaded.

(12) The requirement to secure a license to carry a concealed weapon under this section shall not apply to the following persons:
(a)  Officials of a county, city, state of Idaho, the United States, peace officers, guards of any jail, court appointed attendants or any officer of any express company on duty;
(b)  Employees of the adjutant general and military division of the state where military membership is a condition of employment when on duty;
(c)  Criminal investigators of the attorney general's office, criminal investigators of a prosecuting attorney's office, prosecutors and their deputies;
(d)  Any person outside the limits of or confines of any city while engaged in lawful hunting, fishing, trapping or other lawful outdoor activity;
(e)  Any publicly elected Idaho official;
(f)  Retired peace officers or detention deputies with at least ten (10) years of service with the state or a political subdivision as a peace officer or detention deputy and who have been certified by the peace officer standards and training council;
(g)  Any person who has a valid permit from a state or local law enforcement agency or court authorizing him to carry a concealed weapon. A permit issued in another state will only be considered valid if the permit is in the licensee's physical possession.

5

18-3302D
Possessing weapons or firearms on school property

(1) (a) It shall be unlawful and is a misdemeanor for any person to possess a firearm or other deadly or dangerous weapon while on the property of a school or in those portions of any building, stadium or other structure on school grounds which, at the time of the violation, were being used for an activity sponsored by or through a school in this state or while riding school provided transportation.
(b)  The provisions of this section regarding the possession of a firearm or other deadly or dangerous weapon on school property shall also apply to students of schools while attending or participating in any school sponsored activity, program or event regardless of location.

(3)  Right to search students or minors. For purposes of enforcing the provisions of this section, employees of a school district shall have the right to search all students or minors, including their belongings and lockers, that are reasonably believed to be in violation of the provisions of this section, or applicable school rule or district policy, regarding the possessing of a firearm or other deadly or dangerous weapon.

6

18-3302E
Possession of a weapon by a minor

(1) It shall be unlawful for any person under the age of eighteen (18) years to possess or have in possession any weapon, as defined in section 18-3302A, Idaho Code, unless he:
(a)  Has the written permission of his parent or guardian to possess the weapon; or
(b)  Is accompanied by his parent or guardian while he has the weapon in his possession.
(2)  Any minor under the age of twelve (12) years in possession of a weapon shall be accompanied by an adult.
(3)  Any person who violates the provisions of this section is guilty of a misdemeanor.

7


18-3302F
Prohibition of possession of certain weapons by a minor.

(1) It shall be unlawful for any person under the age of eighteen (18) years to possess or have in possession any handgun.

(2)  Except as provided by federal law, a minor under the age of eighteen (18) years may not possess the following:
(a)  A sawed-off rifle or sawed-off shotgun (misdemeanor); or
(b)  A full automatic weapon (felony).

(b)  "Handgun" means a pistol, revolver, or other firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged, the length of the barrel of which, not including any revolving, detachable, or magazine breech, does not exceed twelve (12) inches. Excluded from this definition are handguns firing a metallic projectile, such as a BB or pellet, through the force of air pressure, CO  pressure, or spring action or any spot marker gun.

(6)  Any person who provides a handgun to a minor when the possession of the handgun by the minor is a violation of the provisions of this section is guilty of a misdemeanor.

9

18-3303
Exhibition or use of deadly weapon

Every person who, not in necessary self-defense, in the presence of two (2) or more persons, draws or exhibits any deadly weapon in a rude, angry and threatening manner, or who, in any manner, unlawfully uses the same, in any fight or quarrel, is guilty of a misdemeanor.

10

18-3302B
Carrying concealed weapons under the influence of alcohol or drugs

It shall be unlawful for any person to carry a concealed weapon on or about his person when intoxicated or under the influence of an intoxicating drink or drug. Any violation of the provisions of this section shall be a misdemeanor.

11

18-3304
Aiming firearms at others

Any person who shall intentionally, without malice, point or aim any firearm at or toward any other person shall be guilty of a misdemeanor and shall be subject to a fine of not more than one thousand dollars ($1,000) and not less than five dollars ($5.00).

12

18-3306
Injuring another by discharge of aimed firearms

Any person who shall maim or injure any other person by the discharge of any firearm pointed or aimed, intentionally but without malice, at any such person, shall be guilty of a misdemeanor, and shall be punished by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000), or imprisonment in the county jail for a period of not more than one (1) year; and if death ensue from such wounding or maiming, such person so offending shall be deemed guilty of the crime of manslaughter.

13

18-3312
Injuring another by careless handling and discharge of firearms

Any person who handles, uses or operates any firearm in a careless, reckless or negligent manner, or without due caution and circumspection, whereby the same is fired or discharged and maims, wounds or injures any other person or persons, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one thousand dollars ($1,000), or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment.

14

18-3316
Unlawful possession of a firearm

(1) A person who previously has been convicted of a felony who purchases, owns, possesses, or has under his custody or control any firearm shall be guilty of a felony and shall be imprisoned in the state prison for a period of time not to exceed five (5) years and by a fine not to exceed five thousand dollars ($5,000).

(3)  For the purpose of subsection (1) of this section, "firearm" shall include any weapon from which a shot, projectile or other object may be discharged by force of combustion, explosive, gas and/or mechanical means, whether operable or inoperable.

16

18-3802
Gambling prohibited

(1) A person is guilty of gambling if he:
(a)  Participates in gambling; or
(b)  Knowingly permits any gambling to be played, conducted or dealt upon or in any real or personal property owned, rented, or under the control of the actor, whether in whole or in part.
(2)  Gambling is a misdemeanor.

19

18-3317
Unlawful discharge of a firearm at a dwelling house, occupied building, vehicle or mobile home

It shall be unlawful for any person to intentionally and unlawfully discharge a firearm at an inhabited dwelling house, occupied building, occupied motor vehicle, inhabited mobile home, inhabited travel trailer, or inhabited camper. Any person violating the provisions of this section shall be guilty of a felony, punishable by imprisonment in the state prison for a term not to exceed fifteen (15) years.
As used in this section, "inhabited" means currently being used for dwelling purposes, whether occupied or not.

21

18-4001
Murder defined

Murder is the unlawful killing of a human being including, but not limited to, a human embryo or fetus, with malice aforethought or the intentional application of torture to a human being, which results in the death of a human being. Torture is the intentional infliction of extreme and prolonged pain with the intent to cause suffering. It shall also be torture to inflict on a human being extreme and prolonged acts of brutality irrespective of proof of intent to cause suffering. The death of a human being caused by such torture is murder irrespective of proof of specific intent to kill; torture causing death shall be deemed the equivalent of intent to kill.

22

18-4003
Degrees of Murder

(a) All murder which is perpetrated by means of poison, or lying in wait, or torture, when torture is inflicted with the intent to cause suffering, to execute vengeance, to extort something from the victim, or to satisfy some sadistic inclination, or which is perpetrated by any kind of willful, deliberate and premeditated killing is murder of the first degree.
(b)  Any murder of any peace officer, executive officer, officer of the court, fireman, judicial officer or prosecuting attorney who was acting in the lawful discharge of an official duty, and was known or should have been known by the perpetrator of the murder to be an officer so acting, shall be murder of the first degree.
(c)  Any murder committed by a person under a sentence for murder of the first or second degree, including such persons on parole or probation from such sentence, shall be murder of the first degree.
(d)  Any murder committed in the perpetration of, or attempt to perpetrate, aggravated battery on a child under twelve (12) years of age, arson, rape, robbery, burglary, kidnapping or mayhem, or an act of terrorism, as defined in section 18-8102, Idaho Code, or the use of a weapon of mass destruction, biological weapon or chemical weapon, is murder of the first degree.
(e)  Any murder committed by a person incarcerated in a penal institution upon a person employed by the penal institution, another inmate of the penal institution or a visitor to the penal institution shall be murder of the first degree.
(f)  Any murder committed by a person while escaping or attempting to escape from a penal institution is murder of the first degree.
(g)  All other kinds of murder are of the second degree.

23

18-4502
First degree kidnapping

Any kidnapping committed for the purpose of obtaining money, property or any other thing of value for the return or disposition of such person kidnapped, or committed for the purpose of raping, or committing the infamous crime against nature, or committing serious bodily injury upon the person kidnapped, or committing any lewd and lascivious act upon any child under the age of sixteen (16) years with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of any person, shall be kidnapping in the first degree.

24

18-4004
Punishment for murder

Every person guilty of murder of the first degree shall be punished by death or by imprisonment for lifeIf a jury, or the court if a jury is waived, does not find a statutory aggravating circumstance beyond a reasonable doubt or if the death penalty is not sought, the court shall impose a life sentence with a minimum period of confinement of not less than ten (10) years during which period of confinement the offender shall not be eligible for parole or discharge or credit or reduction of sentence for good conduct, except for meritorious service. Every person guilty of murder of the second degree is punishable by imprisonment not less than ten (10) years and the imprisonment may extend to life.

24

18-4503
Second Degree Kidnapping

Any kidnapping not amounting to First Degree.

25

18-4006
Manslaughter defined

Manslaughter is the unlawful killing of a human being including, but not limited to, a human embryo or fetus, without malice. It is of three (3) kinds:
(1)  Voluntary -- upon a sudden quarrel or heat of passion.
(2)  Involuntary -- in the perpetration of or attempt to perpetrate any unlawful act, other than those acts specified in section 18-4003(d), Idaho Code; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection; or in the operation of any firearm or deadly weapon in a reckless, careless or negligent manner which produces death.
(3)  Vehicular -- in which the operation of a motor vehicle is a significant cause contributing to the death because of:
(a)  The commission of an unlawful act, not amounting to a felony, with gross negligence; or
(b)  The commission of a violation of section 18-8004 or 18-8006, Idaho Code; or
(c)  The commission of an unlawful act, not amounting to a felony, without gross negligence.

25

18-7008
Trespassing

A. Every person who willfully commits any trespass, by either:
1.  Cutting down, destroying or injuring any kind of wood or timber belonging to another, standing or growing upon the lands of another; or
2.  Carrying away any kind of wood or timber lying on such lands; or
3.  Maliciously injuring or severing from the freehold of another, anything attached thereto, or the produce thereof; or
4.  Digging, taking, or carrying away from any lot situated within the limits of any incorporated city, without the license of the owner or legal occupant thereof, any earth, soil, stone; or
5.  Digging, taking, or carrying away from any land in any of the cities of the state, laid down on the map or plan of such city, or otherwise recognized or established as a street, alley, avenue, or park, without the license of the proper authorities, any earth, soil or stone; or
6.  Willfully opening, tearing down, or otherwise destroying any fence on the enclosed land of another, or opening any gate, bar, or fence of another and willfully leaving it open, or using the corral or corrals of another without the permission of the owner; or
7.  Willfully covering up or encumbering in any manner, the land or city lot of another, without written permission from the owner or custodian thereof; or
8.  Every person, except under landlord-tenant relationship, who, being first notified in writing, or verbally by the owner or authorized agent of the owner of real property, to immediately depart from the same and who refuses to so depart, or who, without permission or invitation, returns and enters said property within a year, after being so notified; or
9.  Entering without permission of the owner or the owner's agent, upon the real property of another person which real property is posted with "No Trespassing" signs, is posted with a minimum of one hundred (100) square inches of fluorescent orange paint except that when metal fence posts are used, the entire post must be painted fluorescent orange, or other notices of like meaning, spaced at intervals of not less than one (1) sign, paint area or notice per six hundred sixty (660) feet along such real property; provided that where the geographical configuration of the real property is such that entry can reasonably be made only at certain points of access, such property is posted sufficiently for all purposes of this section if said signs, paint or notices are posted at such points of access; or
10. Entering the property of another and, being unprovoked, intentionally and without the consent of the animal's owner, kills or injures a domestic animal not his own:
Is guilty of a misdemeanor.
B.  Every person who while committing any trespass, intentionally and without consent of the animal's owner kills or injures a domestic animal of another, not including upland game birds or birds of any species not protected by law, shall be guilty of a misdemeanor. In addition to any other sentence of jail or a criminal fine imposed, a court may, for violation of this subsection or subsection A.10. of this section, impose a civil penalty in an amount up to double the value of the animal or for injuries sustained and payable to the owner of the animal.

26

18-7011
Criminal Trespass

Definition and punishment. (1) Any person who, without consent of the owner or person in charge of any lands which are inclosed by fences of any description sufficient to show the boundaries of the land inclosed, shall go upon such lands and shall leave open any gates on or about said premises, or who shall tear down or lay down any fencing, or who shall willfully remove, mutilate, damage or destroy any "No Trespassing" signs or markers, or who shall go through cultivated crops that have not been harvested, or who shall damage any property thereon, or who without permission of the owner or the owner's agent enters the real property of another person where such real property is posted is guilty of a misdemeanor.

(2)  No motor vehicle shall be willfully or intentionally driven into, upon, over or through any private land actively devoted to cultivated crops without the consent of the owner of the land or the tenant, lessee or agent of the owner of the land actively devoted to cultivated crops. Violation of the provisions of this section shall be a misdemeanor.

27

18-4007
Punishment for manslaughter.

Manslaughter is punishable as follows:
(1)  Voluntary -- by a fine of not more than fifteen thousand dollars ($15,000), or by a sentence to the custody of the state board of correction not exceeding fifteen (15) years, or by both such fine and imprisonment.
(2)  Involuntary -- by a fine of not more than ten thousand dollars ($10,000), or by a sentence to the custody of the state board of correction not exceeding ten (10) years, or by both such fine and imprisonment.
(3)  Vehicular -- in the operation of a motor vehicle:
(a)  For a violation of section 18-4006(3)(a), Idaho Code, by a fine of not more than ten thousand dollars ($10,000), or by a sentence to the custody of the state board of correction not exceeding ten (10) years, or by both such fine and imprisonment.
(b)  For a violation of section 18-4006(3)(b), Idaho Code, by a fine of not more than fifteen thousand dollars ($15,000), or by a sentence to the custody of the state board of correction not exceeding fifteen (15) years, or by both such fine and imprisonment.
(c)  For a violation of section 18-4006(3)(c), Idaho Code, by a fine of not more than two thousand dollars ($2,000), or by a jail sentence not exceeding one (1) year, or by both such fine and jail sentence.
(d)  In addition to the foregoing, any person convicted of a violation of section 18-4006(3), Idaho Code, which resulted in the death of the parent or parents of minor children may be ordered by the court to pay support for each such minor child until the child reaches the age of eighteen (18) years. In setting the amount of support, the court shall consider all relevant factors. The nonpayment of such support shall be subject to enforcement and collection by the surviving parent or guardian of the child in the same manner that other child support orders are enforced as provided by law. In no event shall the child support judgment or order imposed by the court under this section be paid or indemnified by the proceeds of any liability insurance policy.
(e)  In addition to the foregoing, the driver's license of any person convicted of a violation of section 18-4006(3), Idaho Code, may be suspended for a time determined by the court.

28

18-4014
Administering poison with intent to kill

Every person who, with intent to kill, administers or causes or procures to be administered, to another, any poison or other noxious or destructive substance or liquid, but by which death is not caused, is punishable by imprisonment in the state prison not less than ten (10) years, and the imprisonment may be extended to life.

28

18-7021
Injuring monuments, ornaments, and public improvements

Every person, not the owner thereof, who wilfully mars, disfigures, breaks or otherwise injures, or molests, removes or destroys, any work of art, monument, landmark, historic structure, shade tree, shrub, ornamental plant, or useful or ornamental improvement, is guilty of a misdemeanor.

29

18-7029
Placing posters or promotional material on public or private property without permission

It shall be unlawful for any person to erect, install, attach or paint, or cause to be erected, installed, attached or painted, election posters or signs upon public or private property, real or personal, in the state of Idaho, without permission from the owner or occupant of such property, and it shall be unlawful for any person to place or leave any literature or other political, promotional or sales materials upon public or private property, real or personal, in the state of Idaho when the owner or occupant of such property, by a sign conspicuously posted on the property, or by other written or audio communication to such person, has forbidden the placing or leaving of literature or other political, promotional or sales material upon that property. Any violation of this section shall be a misdemeanor.

30

18-7032
Tampering with parking meters, coin telephones or vending machines

Any person who without lawful authority, wilfully and wrongfully, opens, removes or damages any parking meter, coin telephone or other vending machine dispensing goods or services, or a part thereof; or possesses a key or device specifically designed to open or break any parking meter, coin telephone or other vending machine dispensing goods or services; or possesses a drawing, print or mold of a key or device specifically designed to open or break any parking meter, coin telephone or other vending machine dispensing goods or services, shall be guilty of a misdemeanor.

31

18-7034
Unlawful Entry

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.

32

18-7036
Injury by graffiti

No person shall purposely or knowingly vandalize, deface or otherwise damage the property of another by painting, writing, drawing, or otherwise inscribing thereon in any fashion that which is commonly known as graffiti. Graffiti includes any form of painting, writing, or inscription regardless of the content or the nature of the materials used which is applied to any public or private surface without the consent of the owner of the property. Every person who is convicted of a violation of the provisions of this section is guilty of a misdemeanor.

33

37-2701
Controlled Substances Definition

As used in this act:
(a)  "Administer" means the direct application of a controlled substance whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:
(1)  A practitioner (or, in his presence, by his authorized agent); or
(2)  The patient or research subject at the direction and in the presence of the practitioner.
(b)  "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. It does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman.
(c)  "Board" means the state board of pharmacy created in chapter 17, title 54, Idaho Code, or its successor agency.
(d)  "Bureau" means the Bureau of Narcotic and Dangerous Drugs, United States Department of Justice, or its successor agency.
(e)  "Controlled substance" means a drug, substance, or immediate precursor in schedules I through V of article II of this act.
(f)  "Counterfeit substance" means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance.
(g)  "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one (1) person to another of a controlled substance, whether or not there is an agency relationship.
(h)  "Director" means the director of the Idaho state police.
(i)  "Dispense" means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery.
(j)  "Dispenser" means a practitioner who dispenses.
(k)  "Distribute" means to deliver other than by administering or dispensing a controlled substance.
(l)  "Distributor" means a person who distributes.
(m)  "Drug" means (1) substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; (2) substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or animals; (3) substances (other than food) intended to affect the structure or any function of the body of man or animals; and (4) substances intended for use as a component of any article specified in clause (1), (2), or (3) of this subsection. It does not include devices or their components, parts, or accessories.
(n)  "Drug paraphernalia" means all equipment, products and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this act. It includes, but is not limited to:
(1)  Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
(2)  Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;
(3)  Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;
(4)  Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;
(5)  Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
(6)  Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances;
(7)  Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
(8)  Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances;
(9)  Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;
(10) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;
(11) Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body;
(12) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:
(i)    Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(ii)   Water pipes;
(iii)  Carburetion tubes and devices;
(iv)   Smoking and carburetion masks;
(v)    Roach clips: meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;
(vi)   Miniature cocaine spoons, and cocaine vials;
(vii)  Chamber pipes;
(viii) Carburetor pipes;
(ix)   Electric pipes;
(x)    Air-driven pipes;
(xi)   Chillums;
(xii)  Bongs;
(xiii) Ice pipes or chillers;
In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:
1.  Statements by an owner or by anyone in control of the object concerning its use;
2.  Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;
3.  The proximity of the object, in time and space, to a direct violation of this act;
4.  The proximity of the object to controlled substances;
5.  The existence of any residue of controlled substances on the object;
6.  Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this act; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this act shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;
7.  Instructions, oral or written, provided with the object concerning its use;
8.  Descriptive materials accompanying the object which explain or depict its use;
9.  National and local advertising concerning its use;
10. The manner in which the object is displayed for sale;
11. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
12. Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;
13. The existence and scope of legitimate uses for the object in the community;
14. Expert testimony concerning its use.
(o)  "Financial institution" means any bank, trust company, savings and loan association, savings bank, mutual savings bank, credit union, or loan company under the jurisdiction of the state or under the jurisdiction of an agency of the United States.
(p)  "Immediate precursor" means a substance which the board has found to be and by rule designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture.
(q)  "Isomer" means the optical isomer, except as used in section 37-2705(d), Idaho Code.
(r)  "Law enforcement agency" means a governmental unit of one (1) or more persons employed full-time or part-time by the state or a political subdivision of the state for the purpose of preventing and detecting crime and enforcing state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority.
(s)  "Manufacture" means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, and includes extraction, directly or indirectly, from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled substance:
(1)  By a practitioner as an incident to his administering or dispensing of a controlled substance in the course of his professional practice; or
(2)  By a practitioner, or by his authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for delivery.
(t)  "Marijuana" means all parts of the plant of the genus Cannabis, regardless of species, and whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. It does not include the mature stalks of the plant unless the same are intermixed with prohibited parts thereof, fiber produced from the stalks, oil or cake made from the seeds or the achene of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom or where the same are intermixed with prohibited parts of such plant), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. Evidence that any plant material or the resin or any derivative thereof, regardless of form, contains any of the chemical substances classified as tetrahydrocannabinols shall create a presumption that such material is "marijuana" as defined and prohibited herein.
(u)  "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
(1)  Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate.
(2)  Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in clause 1, but not including the isoquinoline alkaloids of opium.
(3)  Opium poppy and poppy straw.
(4)  Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine.
(v)  "Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. It does not include, unless specifically designated as controlled under section 37-2702, Idaho Code, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does include its racemic and levorotatory forms.
(w)  "Opium poppy" means the plant of the species Papaver somniferum L., except its seeds.
(x)  "Peace officer" means any duly appointed officer or agent of a law enforcement agency, as defined herein, including, but not limited to, a duly appointed investigator or agent of the Idaho state police, an officer or employee of the board of pharmacy, who is authorized by the board to enforce this act, an officer of the Idaho state police, a sheriff or deputy sheriff of a county, or a marshal or policeman of any city.
(y)  "Person" means individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.
(z)  "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.
(aa)  "Practitioner" means:
(1)  A physician, dentist, veterinarian, scientific investigator, or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of his professional practice or research in this state;
(2)  A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of their professional practice or research in this state.
(bb) "Production" includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance.
(cc) "Simulated controlled substance" means a substance that is not a controlled substance, but which by appearance or representation would lead a reasonable person to believe that the substance is a controlled substance. Appearance includes, but is not limited to, color, shape, size, and markings of the dosage unit. Representation includes, but is not limited to, representations or factors of the following nature:
(1)  Statements made by an owner or by anyone else in control of the substance concerning the nature of the substance, or its use or effect;
(2)  Statements made to the recipient that the substance may be resold for inordinate profit; or
(3)  Whether the substance is packaged in a manner normally used for illicit controlled substances.
(dd) "State," when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States of America.
(ee) "Ultimate user" means a person who lawfully possesses a controlled substance for his own use or for the use of a member of his household or for administering to an animal owned by him or by a member of his household.
(ff) "Utility" means any person, association, partnership or corporation providing telephone and/or communication services, electricity, natural gas or water to the public.

34

37-2705
Schedule I Drugs

High potential for abuse, with no currently accepted medical use. Considered dangerous when used without medical supervision. Significant abuse and addiction potential.

MDMA, ecstasy, marijuana, LSD, GHB, heroin, PCP

35

37-2707
Schedule II

High potential for abuse, but with some accepted medical uses. Abuse leads to physcal and/or psychological dependence and is considered dangerous.

Morphine, cocaine, PCP, opium, Oxycodone, Amphetamines

 

36

37-2709
Schedule III

Potential for abuse, but lower than prior categories. There are accepted medical uses for these, and abuse can lead to mild or moderate physical psychological dependence.

Ketamine, codeine (combination products), lysergic acid, steroids.

37

37-2711
Schedule IV

Drugs with relatively low potential for abuse. Have accepted medical uses. Abuse leads to limitedphysical and psychological dependence.

Benzodiazepines, phenobarbital

38

37-2713
Schedule V


Low potential for abuse, with accepted medical uses. Abuse may lead to limited physical or psychological dependence.

Opiod preparations of antidiarrheal and antitussive medications.

39

37-2723
Form and contents of prescription

No person shall write a prescription and no person shall fill, compound or dispense a prescription for a controlled substance unless it is in compliance with applicable federal law.

 

40

37-2732
Unlawful distribution, manufacturing, dispensing, sale or possession

(a) Except as authorized by this chapter, it is unlawful for any person to manufacture or deliver, or possess with intent to manufacture or deliver, a controlled substance.

(b)  Except as authorized by this chapter, it is unlawful for any person to create, deliver, or possess with intent to deliver, a counterfeit substance.

(c)  It is unlawful for any person to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice.

(d)  It shall be unlawful for any person to be present at or on premises of any place where he knows illegal controlled substances are being manufactured or cultivated, or are being held for distribution, transportation, delivery, administration, use, or to be given away.

(e)  If any person is found to possess marijuana, which for the purposes of this subsection shall be restricted to all parts of the plants of the genus Cannabis, including the extract or any preparation of cannabis which contains tetrahydrocannabinol, in an amount greater than three (3) ounces net weight.

(g)  (1) It is unlawful for any person to manufacture or distribute a "simulated controlled substance," or to possess with intent to distribute, a "simulated controlled substance."

41

37-2732A
Sacramental use of peyote permitted

The criminal sanctions provided in this chapter do not apply to that plant of the genus Lophophora Williamii commonly known as peyote when such controlled substance is transported, delivered or possessed to be used as the sacrament in religious rites of a bona fide native American religious ceremony conducted by a bona fide religious organization; provided, that this exemption shall apply only to persons of native American descent who are members or eligible for membership in a federally recognized Indian tribe. Use of peyote as a sacrament in religious rites shall be restricted to Indian reservations

42

37-2732B
Drug Trafficking

(a) Except as authorized in this chapter, and notwithstanding the provisions of section 37-2732, Idaho Code:
(1)  Any person who knowingly manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, one (1) pound of marijuana or more, or twenty-five (25) marijuana plants or more, as defined in section 37-2701, Idaho Code, is guilty of a felony, which felony shall be known as "trafficking in marijuana." If the quantity of marijuana involved:
(A)  Is one (1) pound or more, but less than five (5) pounds, or consists of twenty-five (25) marijuana plants or more but fewer than fifty (50) marijuana plants, regardless of the size or weight of the plants, such person shall be sentenced to a mandatory minimum fixed term of imprisonment of one (1) year and fined not less than five thousand dollars ($5,000);
(B)  Is five (5) pounds or more, but less than twenty-five (25) pounds, or consists of fifty (50) marijuana plants or more but fewer than one hundred (100) marijuana plants, regardless of the size or weight of the plants, such person shall be sentenced to a mandatory minimum fixed term of imprisonment of three (3) years and fined not less than ten thousand dollars ($10,000);
(C)  Is twenty-five (25) pounds or more, or consists of one hundred (100) marijuana plants or more, regardless of the size or weight of the plants, such person shall be sentenced to a mandatory minimum fixed term of imprisonment of five (5) years and fined not less than fifteen thousand dollars ($15,000).
(D)  The maximum number of years of imprisonment for trafficking in marijuana shall be fifteen (15) years, and the maximum fine shall be fifty thousand dollars ($50,000).
(E)  For the purposes of this section, the weight of the marijuana is its weight when seized or as determined as soon as practicable after seizure, unless the provisions of subsection (c) of this section apply.
(2)  Any person who knowingly manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, twenty-eight (28) grams or more of cocaine or of any mixture or substance containing a detectable amount of cocaine is guilty of a felony, which felony shall be known as "trafficking in cocaine." If the quantity involved:
(A)  Is twenty-eight (28) grams or more, but less than two hundred (200) grams, such person shall be sentenced to a mandatory minimum fixed term of imprisonment of three (3) years and fined not less than ten thousand dollars ($10,000);
(B)  Is two hundred (200) grams or more, but less than four hundred (400) grams, such person shall be sentenced to a mandatory minimum fixed term of imprisonment of five (5) years and fined not less than fifteen thousand dollars ($15,000);
(C)  Is four hundred (400) grams or more, such person shall be sentenced to a mandatory minimum fixed term of imprisonment of ten (10) years and fined not less than twenty-five thousand dollars ($25,000).
(D)  The maximum number of years of imprisonment for trafficking in cocaine shall be life, and the maximum fine shall be one hundred thousand dollars ($100,000).
(3)  Any person who knowingly manufactures or attempts to manufacture methamphetamine and/or amphetamine is guilty of a felony which shall be known as "trafficking in methamphetamine and/or amphetamine by manufacturing." Any person convicted of trafficking in methamphetamine and/or amphetamine by attempted manufacturing shall be sentenced to a mandatory minimum fixed term of imprisonment of two (2) years and not to exceed fifteen (15) years imprisonment and fined not less than ten thousand dollars ($10,000). Any person convicted of trafficking in methamphetamine and/or amphetamine by manufacturing shall be sentenced to a mandatory minimum fixed term of imprisonment of five (5) years and not to exceed life imprisonment and fined not less than twenty-five thousand dollars ($25,000). The maximum number of years of imprisonment for trafficking in methamphetamine and/or amphetamine by manufacturing shall be life, and the maximum fine shall be one hundred thousand dollars ($100,000).
(4)  Any person who knowingly delivers, or brings into this state, or who is knowingly in actual or constructive possession of, twenty-eight (28) grams or more of methamphetamine or amphetamine or of any mixture or substance containing a detectable amount of methamphetamine or amphetamine is guilty of a felony, which felony shall be known as "trafficking in methamphetamine or amphetamine." If the quantity involved:
(A)  Is twenty-eight (28) grams or more, but less than two hundred (200) grams, such person shall be sentenced to a mandatory minimum fixed term of imprisonment of three (3) years and fined not less than ten thousand dollars ($10,000);
(B)  Is two hundred (200) grams or more, but less than four hundred (400) grams, such person shall be sentenced to a mandatory minimum fixed term of imprisonment of five (5) years and fined not less than fifteen thousand dollars ($15,000);
(C)  Is four hundred (400) grams or more, such person shall be sentenced to a mandatory minimum fixed term of imprisonment of ten (10) years and fined not less than twenty-five thousand dollars ($25,000).
(D)  The maximum number of years of imprisonment for trafficking in methamphetamine or amphetamine shall be life, and the maximum fine shall be one hundred thousand dollars ($100,000).
(5)  Any person who knowingly manufactures, delivers, brings into this state, or who is knowingly in actual or constructive possession of the below-specified quantities of any of the following immediate precursors to methamphetamine or amphetamine (namely ephedrine, methylamine, methyl formamide, phenylacetic acid, phenylacetone, or pseudoephedrine) as defined in section 37-2707(g)(1), Idaho Code, or any compound, mixture or preparation which contains a detectable quantity of these substances, is guilty of a felony which shall be known as "trafficking in immediate precursors of methamphetamine or amphetamine." If the quantity:
(A)  Of ephedrine is five hundred (500) grams or more;
(B)  Of methylamine is one-half (1/2) pint or more;
(C)  Of methyl formamide is one-quarter (1/4) pint or more;
(D)  Of phenylacetic acid is five hundred (500) grams or more;
(E)  Of phenylacetone is four hundred (400) grams or more;
(F)  Of pseudoephedrine is five hundred (500) grams or more;
such person shall be sentenced to a mandatory minimum fixed term of imprisonment of ten (10) years and fined not less than twenty-five thousand dollars ($25,000). The maximum number of years of imprisonment for trafficking in immediate precursors of methamphetamine or amphetamine in the quantities specified in paragraphs (A) through (F) of this subsection (5) shall be life, and the maximum fine shall be one hundred thousand dollars ($100,000). If the quantity of pseudoephedrine is twenty-five (25) grams or more, but less than five hundred (500) grams, such person shall be sentenced to a term of imprisonment of up to ten (10) years and fined not more than twenty-five thousand dollars ($25,000).
(6)  Any person who knowingly manufactures, delivers or brings into this state, or who is knowingly in actual or constructive possession of, two (2) grams or more of heroin or any salt, isomer, or salt of an isomer thereof, or two (2) grams or more of any mixture or substance containing a detectable amount of any such substance is guilty of a felony, which felony shall be known as "trafficking in heroin." If the quantity involved:
(A)  Is two (2) grams or more, but less than seven (7) grams, such person shall be sentenced to a mandatory minimum fixed term of imprisonment of three (3) years and fined not less than ten thousand dollars ($10,000);
(B)  Is seven (7) grams or more, but less than twenty-eight (28) grams, such person shall be sentenced to a mandatory minimum fixed term of imprisonment of ten (10) years and fined not less than fifteen thousand dollars ($15,000);
(C)  Is twenty-eight (28) grams or more, such person shall be sentenced to a mandatory minimum fixed term of imprisonment of fifteen (15) years and fined not less than twenty-five thousand dollars ($25,000).
(D)  The maximum number of years of imprisonment for trafficking in heroin shall be life, and the maximum fine shall be one hundred thousand dollars ($100,000).
(7)  A second conviction for any trafficking offense as defined in subsection (a) of this section shall result in a mandatory minimum fixed term that is twice that otherwise required under this section.
(8)  Notwithstanding any other provision of law, with respect to any person who is found to have violated the provisions of this section, adjudication of guilt or the imposition or execution of sentence shall not be suspended, deferred, or withheld, nor shall such person be eligible for parole prior to serving the mandatory minimum fixed term of imprisonment prescribed in this section. Further, the court shall not retain jurisdiction.
(b)  Any person who agrees, conspires, combines or confederates with another person or solicits another person to commit any act prohibited in subsection (a) of this section is guilty of a felony and is punishable as if he had actually committed such prohibited act.
(c)  For the purposes of subsections (a) and (b) of this section the weight of the controlled substance as represented by the person selling or delivering it is determinative if the weight as represented is greater than the actual weight of the controlled substance.

43

37-2732C
Using or being under the influence

(a) Except as authorized in this chapter, it is unlawful for any person on a public roadway, on a public conveyance, on public property or on private property open to the public, to use or be under the influence of any controlled substance

44

37-2734A
Paraphernalia

(1) It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.

45

37-2737A
 Manufacture or delivery of controlled substance where children are present

(1) Except as authorized in this chapter, it is unlawful for any person to manufacture or deliver, or possess with the intent to manufacture or deliver, a controlled substance as defined in schedules I, II, III and IV in this chapter, upon the same premises where a child under the age of eighteen (18) years is present.

46

49-603
Starting parked vehicle

No person shall start movement of a vehicle which is stopped, standing or parked unless movement can be made with reasonable safety.

47

CC 24-1
Permit required to discharge firearms

No person shall discharge any air gun, air pistol, rifle, fowling piece, pistol or any other firearms within the city without having first obtained a permit from the chief of police to do so.

48

CC 24-8
Discharging Fireworks

(a) As used in this section, these terms shall have the following meanings:

(1) “Authority having jurisdiction” means the Lewiston fire department.

(2) “Fireworks” means any combustible or explosive composition, or any substance or combination of substances, or articles prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation. Fireworks include items classified as common or special fireworks by the United States Bureau of Explosives. The term “fireworks” shall not include any automotive safety flares, toy guns, toy cannons, caps or other items designed for use with toy guns or toy cannons, party poppers, pop-its or other devices which contain twenty-five hundredths (0.25) of a grain or less of explosive substance.

(3) “Nonaerial common fireworks” means any fireworks such as ground spinners, fountains, sparklers, smoke devices or snakes designed to remain on or near the ground and not to travel outside a fifteen (15) foot diameter circle or emit sparks or other burning material which land outside a twenty (20) foot diameter circle or above a height of twenty (20) feet. Nonaerial common fireworks do not include firecrackers, jumping jacks, or similar products.

(4) “Permit” means an authorization given by the authority having jurisdiction pursuant to section 24-9 of this code.

(5) “Special fireworks” means any fireworks designed primarily for display and classified as special fireworks by the United States Bureau of Explosives or designated as UN 0335 1.3G.

(b) No person in the city shall possess fire or discharge any fireworks other than nonaerial common fireworks. Nonaerial common fireworks may be possessed and discharged during the times that nonaerial common fireworks may be sold at retail, as provided in section 24-9 of this code; provided, however, that the fire marshal may permit the public display by responsible persons or organizations of fireworks of such character and in such location as in the fire marshal’s judgment shall not be hazardous to surrounding property or endanger personal safety as defined by Idaho Code, Section 39-2605.

(c) It shall be unlawful for any person, except in compliance with this section, to:

(1) Alter any fireworks;

(2) Throw any fireworks from, into, or at a moving vehicle or at any person;

(3) Sell or use any fireworks at any time not permitted under this chapter;

(4) Use fireworks in any area that constitutes a severe fire threat based on the vegetative conditions during the current fire season as determined by the county commission or authority having jurisdiction; provided, that notice of such areas is given in advance.

(d) The parents, guardians or other persons having custody or control of a minor shall be liable for damage caused by the use of fireworks by the minor.

(e) Any person using or possessing fireworks in violation of the provisions of this section or any rules issued hereunder is guilty of a misdemeanor punishable as provided in section 1-7 of this code. Possession and/or the use of fireworks prohibited by this section is hereby declared a public nuisance and a threat to public safety and any such fireworks may be confiscated by the Lewiston police department or the Lewiston fire department. (Ord. No. 4578, § 2, 5-14-12)

49

CC 24-9
Sale of Fireworks

(a) No person shall sell, offer or expose for sale any fireworks as defined by Idaho Code, Section 39-2602. Nonaerial common fireworks may be sold at retail from June 28th to July 5th of each year, between the hours of 9:00 a.m. and 11:00 p.m. upon obtaining a city business license therefor pursuant to Chapter 21 of this code.
(b) It is unlawful for any person under the age of sixteen (16) years to purchase or possess any fireworks unless accompanied by or in the presence of their parent or legal guardian. It is unlawful for any permit holder, or agent or employee of a permit holder, to sell fireworks to any person who is under the age of sixteen (16) years unless accompanied by or in the presence of their parent or legal guardian. Only persons who are over the age of eighteen (18) years are permitted to sell fireworks or work in a fireworks stand. Verification of age of workers, sellers and purchasers of fireworks shall be by picture identification only and shall be the responsibility of the permit holder, agent or employee of a permit holder. Retail vendors of nonaerial fireworks shall post age restriction information as required by this section.

(c) Any person desiring to sell nonaerial common fireworks shall file an application for a city of Lewiston business license with the business license representative no later than June 1st.

(d) Any person desiring to present a public display shall file an application for a city of Lewiston business license with the business license representative at least thirty (30) days in advance of the proposed event.

(e) Any person found to be in violation of the provisions of this section or any rules issued hereunder is guilty of a misdemeanor punishable as provided in section 1-7 of this code. Possession of or offering to sell fireworks prohibited by this section is hereby declared a public nuisance and a threat to public safety and any such fireworks may be confiscated by the Lewiston police department or the Lewiston fire department.

50

PM 3.02
Evidence Procedures

III. POLICY
It is the intent of the Lewiston Police Department to safeguard and properly dispose of all property/evidence which comes into its control.  Property/evidence will be maintained in the same condition as received unless altered during forensic or scientific examination and the department will preserve the evidentiary integrity of property/evidence which has been received for court presentation. In particular, evidence shall pass through the control of the fewest persons possible. Unless property is contraband, every reasonable effort will be made to ensure its return to the rightful owner. Property whose ownership cannot be identified will be disposed of according to the laws of the State of Idaho and ordinances of the City of Lewiston.

IV. DEFINITIONS
A. Evidence:  A physical object which may be offered in court to prove the truth or falsity of a fact in issue.  Includes “recovered stolen property”.
B. Property:  A physical object which is not evidence.
1. Found Property:  Articles which have been discarded, lost or abandoned by the owner, and are not connected with a crime or offense.
2. Safekeeping:  Articles which are voluntarily relinquished to police control or taken to prevent injury or the commission of a crime.

V. ACCESS TO STORAGE FACILITIES
A. Entry into the immediate area of any department evidence/property storage facility shall be limited to the following department members:
1. Property Custodians
2. Investigation Section Commander
3. Investigation Section Supervisor
4. Persons authorized by the Property Custodians, the Investigation Section Commander, or the Investigation Section Supervisor.
B. It is recognized that maintenance, repair work and/or code inspections may need to be done within the storage facilities.  Individuals needing access to accomplish this type of work will be accompanied only by those persons authorized by this policy.

VI. KEY CONTROL AND SECURITY
A. Only those personnel assigned primary or emergency access to the primary and secondary evidence room shall be issued keys or shall have in his/her possession any key to evidence.
1. Property Custodians
2. Investigation Section Commander
B. Keys to the 16th Avenue storage facility will be located in the following locations
1. Each marked patrol unit key ring
2. Patrol Sergeant’s office key lock box
3. Investigation Section Supervisors office
4. Investigation Section Commanders office
C. Whenever a new property custodian is designated, an inventory of property, to ensure that records are correct and properly annotated, is conducted jointly by the newly designated and the outgoing property custodians. Enough records will be randomly checked as to ensure the continuity of custody and the integrity of the system.

VII. INSPECTION
A. The Services Division Commander is authorized to enter any property/evidence storage facility when accompanied by staff authorized to access the facility.
B. An annual inspection will be conducted of the property storage areas within the department. This inspection will be made by the Chief of Police or his/her designee who will be of a supervisory rank and not directly connected with Property Management. The inspection results will be placed in written memo form and addressed to the Chief of Police, with copies to the Services Division Commander and the Investigative Section Commander.
C. Semi-annual unannounced inspections of property storage facilities will be conducted in the same manner as described above. This will be a more random spot inspection of records and property.

VIII. INITIAL PROCEDURES FOR COLLECTION AND CUSTODY
All personnel of the Lewiston Police Department who take into custody any property/ evidence shall:
A. Place the evidence/property into one of the unlocked transfer lockers if possible. Prior to any firearms being placed in evidence, the officer will ensure that the firearm is safe by unloading the firearm at the nearest designated unloading station. Any ammunition will be packaged separately in a sealed.  The item(s) must have an evidence tag/label attached and have the proper information entered into the Spillman Computer System Property Table.
The member shall ensure that the transfer locker door is closed and properly locked prior to exiting the area.
B. Evidence tags and/or evidence labels will be completed and attached to all items of evidence/property recovered, confiscated or placed into the custody of the Lewiston Police Department. To ensure proper control and disposition of evidence/property, it is essential that the evidence tags be filled out accurately and completely. The property will be entered into the Spillman Computer System – Property Table by the member placing the items into evidence. The Property Custodians will enter the item into the Spillman Computer System – Evidence Management System. It is also essential that the chain of custody be recorded into the Evidence Management system.
C. On all items of evidence, use an indelible pen or scribe to mark the item with the member’s initials, the date and the case number.  Items need not be marked if they already have an indelible, unique identifying mark, such as a serial number.
1. Items impossible or difficult to mark (such as hair, fibers, paint scrapings, glass, liquids, etc.) should be placed in a properly marked bag or container.
2. All drug/narcotic evidence will be placed in a state evidence bag, envelope or container. The evidence container will be sealed with evidence tape, weighed, initialed and dated by the officer.
3. An item should not be marked if the mark would alter its evidentiary value. Items of significant value should normally not be marked if by doing so the article would lose its monetary value. If marking is required, every effort should be made to minimize the negative effects of such markings by selecting a location that lessens the defacing effect.
D. Place the evidence/property into the smallest available transfer locker.
E. The above steps will be completed no later than the end of the work shift during which the member took custody of the item. Secure handling and proper chain of custody shall be maintained at all times.
In the event that there is a large quantity of evidence from a single case, under the direction of the Property Custodians, evidence can temporarily be placed in the facility, not to exceed 24 hours, before a tag/label is to be attached.
F. If a member seizes found property, the member will make an effort to locate the owner. If the owner is located and the property can be released back to the owner, the member will release it instead of putting the property into the storage facility.
The member will have the person sign the back of the evidence tag/label and write an incident report. If the owner of the property is unable to come to the station until later that same day, the property will be placed in a secure container (i.e. envelope or other similar container) and left at the front desk to be released.
If the owner does not come in within 24 hours, the property will be placed into the transfer locker by the Communications Supervisor or designee.
G. Special Instruction Tag
In addition to the evidence tag/label, a red special instruction tag will be attached to any found property or items of evidence that require special handling or processing:
1. The Special Instruction Tag will be completed for items needing additional processing by either the Property Custodians or State Laboratory. (Appendix B)
2. The Special Instruction Tag will be completed on all found property placed in evidence, listing all attempts to identify and contact the owner.
3. A Special Handling Tag and Hazardous Material label must be completed and attached on all hazardous materials.

IX. EVIDENCE TO BE PROCESSED BY CRIME LABORATORIES
Whenever evidence is collected for analysis in a crime laboratory, it shall be prepared in quantity and condition necessary for the proper analysis and:
A. All drugs will be placed in State Lab envelopes.
B. Packed separately to avoid contamination and damage of individual items.
C. Each evidence package must be marked with our agency identification information, i.e. , Lewiston Police Department.
D. Packed with necessary insulation in the case of fragile material.
E. All evidence sent to the Crime Laboratory shall be accompanied by a proper laboratory form.  A cover letter will be sent only if further clarification or instructions are needed that are not specifically detailed in the accompanying laboratory form.
F. It shall be the duty of the Property Custodians to ensure proper handling and shipping of evidence to the Crime Laboratory.

X. PROPERTY CONTROL PROCEDURES
A. Responsibility
Department Property Custodians shall process, store, and dispose of evidence and property in accordance with the following procedures:
B. Initial Procedures
1. Security Check
The Property Custodians shall regularly check the security of the Property Control Facility by checking the integrity of all locks, doors and other physical security devices. Any abnormality shall be immediately investigated and reported to the Investigation Section Commander.
2. Inventory Of Incoming Items
Upon entry to the Property Control Facility, the Property Custodians, or authorized personnel, shall check the transfer locker to determine whether there is evidence/property stored in them. Whenever evidence is being removed from the transfer locker or being processed, the Property Custodians, or authorized personnel, will wear protective gloves.
The Property Custodians, or authorized personnel, will enter the item(s) into the Spillman Computer System – Evidence Management System, attach a bar code slip and place it into the property storage bin.
C. Evidence Procedure
The Property Custodians, or authorized personnel, shall document the release and return of evidence required for court through the Spillman Computer System Evidence Management System. If the evidence is to remain with the District Court, the original evidence tag will remain attached to the item.
D. Property/Evidence Disposal Procedures
It shall be the responsibility of the Property Custodians, or authorized personnel, to make every effort to return all recovered property to the rightful owner(s) when permitted by law.
1. Found Property
a. If the owner of found property cannot be determined, the property will be processed and stored.
b. After thirty (30) days, any property unclaimed with a fair market value of less than twenty-five dollars ($25.00) is available for release for auction. After ninety (90) days any bicycle unclaimed is available for release for auction. After six (6) months all other unclaimed property, excluding firearms, is available for release for auction per I.C. 55-403.
c. Any found or unclaimed monies, not returned to the original finder, will be turned into the City of Lewiston Finance Director to be placed in the city’s general fund, unless otherwise authorized by the courts or the Lewiston City Attorney’s Office.
d. Should any on-duty department personnel find property belonging to another, and the rightful owner cannot be located within the six (6) month period noted above, that property will be turned over to city personnel responsible for the City of Lewiston auction where it will then be sold.
e. Property will normally be returned or released by the Property Custodians Monday through Friday, excluding holidays, between 8:00 A.M. and 6:00 P.M. All evidence tags, or a copy of the evidence tag, will be returned to the Property Custodians, or authorized personnel, so he/she can record the disposition.
2. Crime Scene Evidence/Stolen Property Evidence or property which is recovered at the scene of a crime, or as the result of an investigation or arrest may normally be returned to the property owner only after all legal proceedings have been concluded. The following rules should be followed with such property:
a. Property involved in cases where multiple arrests have been made should normally be disposed of only after all defendants have been adjudicated.
b. Property should be returned only after the appeal period has passed.
c. In cases where the investigation has not been concluded and in which there is a statute of limitations, the property should be held until this period has expired.
d. In murder or manslaughter cases, the evidence or property should not be released without the consent or authorization of the Prosecuting Attorney’s Office.
e. Should unusual circumstances arise, evidence or property may be released with the approval of the Prosecuting Attorney. Should this occur, the item(s) involved should be photographed. The person taking possession should be asked not to alter the evidence/property in any manner and the officer should ascertain that the item(s) be readily available for any court action.
f. Property which has been submitted to the court as evidence may be returned to the owner after the department receives an order from the court to do so.
E. Contraband
All controlled substances and drug evidence which is received by our department and no longer required as evidence will be turned over to a State Narcotics Office in Coeur d’ Alene or Lewiston for destruction at periodic intervals.
All controlled substances submitted for destruction must be inventoried by the Property Custodians, or authorized personnel, on a State of Idaho drug destruction inventory form. The Property Custodians, or authorized personnel, shall retain a copy of the property destruction form.
Controlled substances submitted to the lab for destruction must be accompanied by the evidence tags/label originally attached to the item(s).
This is the one exception in which the evidence tag/label will not be placed with the original case after the disposal of the property.
It should be noted that non-drug evidence such as drug paraphernalia cannot be accepted by the lab for destruction. It will be the responsibility of the Property Custodians, or authorized personnel, to see that this type of evidence is destroyed after it is no longer needed. Such destruction will always be completed by at least two members of the department.
F. Specific Types Of Property/Evidence
1. Alcohol - Alcoholic beverages which are not to be returned to the original owner after the disposition of the case will be destroyed by the Property Custodians, or authorized personnel,. Such destruction will always be completed by at least two members of the department.
2. Explosives - Should an officer find it necessary to take possession of any type of explosive, he/she shall immediately notify his/her supervisor.  Department personnel will refer to the “Bomb/Explosives Threat Response” Policy (#2.06) concerning disposal of explosive material.  Explosives will not be stored at the station and/or the 16th Avenue Storage Facility.
3. Firearms – Prior to releasing a firearm to anyone, a criminal history [III] and a driver’s check [10-27] will be done on that person.  A firearm may be released if the individual is not in any of the following categories:
a. Convicted felon
b. Is a convicted felon – however does not fall into the restricted categories listed in Idaho Code 18-310: Imprisonment – Effect on Civil Rights and Offices
c. Under an Active Civil Protection Order
Those firearms which cannot be returned to the owner shall be disposed of as follows:
a. Firearms found in the possession of a subject at any time he/she is placed under arrest on a felony charge shall be held by the department. Should the subject subsequently be convicted of a felony, as a result of that arrest, an order describing the firearm involved shall be drawn up by the City Attorney, at the request of the Property Custodians, or authorized personnel, directing the weapon to be turned over to the Police Department for its use or any other disposition at its discretion.
The City Attorney, after drafting the above order, shall notify the Property Custodians, or authorized personnel, who will present it to a District Court Judge for signing. A copy of the signed order shall be placed with the case file.
b. If the weapon is to be destroyed, the Property Custodians, or authorized personnel, on receipt of the signed order, shall transport it to the City Service Center where the supervisor will be contacted and requested to supply a qualified employee to destroy the weapon. The Property Custodians, or authorized personnel, shall witness the destruction of the weapon.
c. Firearms which come into the possession of the department as a result of a misdemeanor charge will be released to the owner after the weapon is no longer required as evidence, excluding domestic violence convictions.  Firearms may be released to other authorized individuals specified in writing by the rightful owner.
d. Firearms which come into the possession of the department as a result of an investigation will be returned to the owner as soon as practical.
e. Firearms recovered by our department that are reported stolen by other agencies shall be returned to that agency as soon as there is no further need for the weapon by our department. The Property Custodians, or authorized personnel, will be responsible for the return of such weapons.
f. Firearms for which an owner cannot be identified or located, will be handled the same as described in item (a) of this section with the addition of a brief explanation to the manner in which the depart-ment came into possession of the weapon and the reason(s) for being unable to return it to the owner.
4. Knives and similar dangerous weapons which are not returned to the owner, will be destroyed by the Property Custodians, or authorized personnel.
G. Property Storage
When an officer takes possession of any evidence or property, he/she shall see that it is packaged, sealed and tagged correctly.
Those items of a size which make it possible, will then be taken to the property room and placed into a transfer locker with the officer thereafter closing the self-locking door securely. Every item placed in these lockers must be accompanied by a evidence tag/label and have been entered into the Spillman Computer System – Property Table.
The following are brief guidelines concerning the storage of various items:
1. Alcohol – Alcohol and any container which holds an alcoholic beverage should be destroyed or disposed of on video or in the presence of a second officer.
2. Bicycles - All bicycles shall be stored in the designated locked enclosure for such items at the 16th Avenue Storage Facility.
3. Checks - All checks accepted as evidence shall be placed in a check evidence envelope, (Appendix A) with an evidence tag/label attached, then placed in a transfer locker.
4. Driver’s Licenses - These shall be placed in a small manila envelope with an evidence tag/label attached and placed in a transfer locker.
5. Controlled Substances - These items should be weighed, sealed, initialed and packaged separately. All controlled substances should be packaged in the State Envelope to be sent to the lab.
6. Latent Prints - All prints recovered shall be placed into a manila envelope with an evidence tag/label attached.
7. Money - All monies will be stored in a manila envelope, paper sack, or a plastic sealed container with a properly attached tag/label.  The recovering officer in the presence of another department member will count all monies in excess of $50.00. The witness will be identified in writing prior to the money being placed in the transfer bin. The Property Custodians or authorized personnel, will verify this amount in the presence of a witness prior to placing the money into storage.
The Property Custodian, or authorized personnel, and the witness will then initial the evidence tag/label. Upon the return of any monies to the owner/finder, the Property Custodian, or authorized personnel, and a witness will verify the amount returned.
The witness will be identified in the supplemental report completed by the Property Custodian or authorized personnel.
The Property Custodian or authorized personnel will lock all monies in a secured safe located within the property storage room until the money can be moved to City Hall and placed in the treasurer’s trust account.  Photographs or photocopies of the money will be placed in the case file prior to transferring the money to City Hall.
8. Perishables - Items such as blood and urine samples will be kept in a refrigerator in the separately padlocked lower corner transfer locker.  A log sheet (which will be kept outside the door of the transfer locker) shall be filled out by the officer.  The log sheet will contain the officer’s name, date, case number, time in and time out, and when that portion of the transfer locker is opened. This section of the transfer locker will be kept locked at all times, with access keys held by the Property Custodians, or authorized personnel, and Field Operations Section Watch Commanders.
Items that can or must be frozen, with no permanent damage resulting, may be kept in the freezer, which is inside the department’s main evidence/ property storage room.  It will be necessary for the officer to contact the Property Custodians, or authorized personnel, as soon as possible after seizing the evidence for access to the freezer.
9. Photographs
a. Any photograph of evidence taken with a 35 millimeter camera will be logged as evidence by the officer taking the photograph.
1) When the film is exposed, the film will be placed in a film envelope. An evidence tag/label will be attached to the film envelope and the envelope will be placed into the transfer lockers.
2) Property Custodians or authorized personnel will be responsible for having the negatives developed. Prints will not be made of evidentiary film unless requested for court or special investigative purposes.
3) The Property Custodians or authorized personnel, will be responsible for placing negatives or photographs into the property room transfer locker, logging the photographs or negatives into the Spillman Computer System – Evidence Management Table, attaching bar code strip and storage.
4) The Property Custodians or authorized personnel, shall maintain a separate file location for the storage of photographs and negatives.
b. After using a digital camera the officer will print out one set of photographs to be placed in the original case file and no alterations will be done to the photographs or disc.
The disk will be tagged as property by the officer, entered into the Spillman Computer System – Property Table, and placed into evidence. The Property Custodians, or authorized personnel, will enter the disk into the Spillman Computer System – Evidence Management System and store as evidence.
c. Video tapes will be tagged and entered into the Spillman Computer System – Property Table by the responsible officer. The Property Custodians or authorized personnel, will enter the video tape into the Spillman Computer System – Evidence Management Table and store as evidence.
d. Any other photographs or tape recordings will be documented by the responsible officer in a supplemental report, tagged as evidence, entered into the Spillman Computer System – Property Table and stored as evidence. The Property Custodians or authorized personnel, will enter the item into the Spillman Computer System – Evidence Management Table and store as evidence.
10. Motor Vehicles
a. Any vehicle seized by the Lewiston Police Department as evidence will be inventoried of all property. All inventoried property of value will be stored in the Property Control Facility pending disposition of the vehicle.
b. All vehicles seized as evidence are to be towed by the department contracted towing service provider to the Property Control Facility or the department contracted towing service provider. Attach completed evidence tags to the windshield and enter the vehicle into Spillman as evidence.
c. A set of keys will be tagged as evidence and placed into the key locker at the department’s storage facility.
d. Vehicles shall be properly marked, photographed and with the approval of the Prosecutor’s Office, returned to the owner when feasible. The owner shall be advised that the vehicle may be needed at a later date for court proceedings and should be readily available until there has been a disposition in the case.
e. Vehicles seized as evidence, under the following circumstances will be stored at the department’s 16th Avenue storage facility either inside the garage area or in the outside fenced area.
1) Securing vehicle while applying for a search warrant.
2) Execution of search warrant.
3) Securing vehicle for evidence processing.
4) When vehicle is evidence in major injury or fatality collision.
All other vehicles will be towed to the department contracted towing service provider.
f. When vehicles are held as evidence/seized, it will be necessary for the officer to complete a Vehicle Impoundment Sheet, and Evidence Tag/Label. A set of keys will be tagged as evidence and placed into the key locker at the department’s storage facility.
11. Hazardous Materials
Hazardous Materials includes all bodily fluids or any item containing body fluids. These need to be handled with extreme caution and gloves should be worn at all times.  No needles or exposed sharp objects shall be placed into evidence except with prior approval of the property custodian, and then in only serious felony situations. When such items are approved for storage, they will be rendered harmless by the original officer and a “Hazardous Material” sticker attached.
Should flammable or chemical liquids be taken as evidence with the supervisor’s approval, it will be stored at the 16th Avenue Storage Facility, in the fenced area in the “flammable/chemical” material cabinet.  The responsible officer will make notification of the storage of flammable/chemical liquids to the Property Custodian in writing or by leaving a voicemail.

51

US vs Ross

Police must have probable cause that contraband/weapons are in car, but they DO NOT need a search warrant