Criminal penalties in Idaho
Checked in October 2026 against the Idaho Code, Titles 18 (Crimes and Punishments).
These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. Not legal advice.
How Idaho sets penalties
- Idaho has no named felony classes. Each offence states its own range ('not less than one (1) year nor more than ten (10) years'), and many state only a minimum with the maximum extended to life ('not less than five (5) years, and the imprisonment may be extended to life').
- Murder has two degrees (Idaho Code § 18-4003). First degree: death, or life. If the death penalty is not imposed, the court must impose a life sentence, either a fixed life sentence or a life sentence with a minimum period of confinement of not less than ten years. Second degree: not less than ten years, and the imprisonment may extend to life (§ 18-4004).
- Idaho also states fines in many offences ('fined not more than $75,000').
- Idaho grades theft by value: grand theft is theft of property worth more than $1,000 (and some other listed cases), punished by one to fourteen years (§ 18-2408). Other grand theft cases carry up to 20 years.
- This table shows first-offence ranges.
Death penalty: Yes. Murder of the first degree is punished by death, or by imprisonment for life, subject to Idaho Code §§ 19-2515 and 19-2515A. A death sentence requires a written notice of intent to seek death (§ 18-4004). Kidnapping in the first degree can also carry death or life (§ 18-4504).
First-degree murder
Death, a fixed life sentence, or life with at least 10 years before parole
Murder of the first degree (including murder by torture, a murder during arson, rape, robbery, burglary, kidnapping or mayhem, and murder by a person under a sentence for murder) (Offence)
- Least
- Life imprisonment (with at least 10 years before parole eligibility, or a fixed life sentence)
- Most
- Death
The death penalty requires written notice. If a jury finds an aggravating circumstance but finds that death would be unjust, the court must impose a fixed life sentence. If the jury does not find an aggravating circumstance, or death is not sought, the court must impose life with a minimum of not less than ten years before eligibility for parole.
Second-degree murder
At least 10 years, up to life
Murder of the second degree (Offence)
- Least
- 10 years
- Most
- Life imprisonment
Voluntary manslaughter
Up to 15 years and a fine of up to $15,000 (voluntary); up to 10 years and $10,000 (involuntary)
Involuntary manslaughter (Offence)
- Least
- No minimum term set by the statute
- Most
- 10 years
- Fine
- Up to $10,000, or both
Voluntary manslaughter (Offence)
- Least
- No minimum term set by the statute
- Most
- 15 years
- Fine
- Up to $15,000, or both
Robbery
At least 5 years, and the term may extend to life
Robbery (Offence)
- Least
- 5 years
- Most
- Life imprisonment
Burglary
1 to 10 years
Burglary (Offence)
- Least
- 1 year
- Most
- 10 years
Arson
Up to 15 years and a fine of up to $75,000 (second degree); up to 25 years and $100,000 (first degree)
Arson in the second degree: wilfully and unlawfully damaging by fire or explosion any structure not covered by first-degree arson (Offence)
- Least
- No minimum term set by the statute
- Most
- 15 years
- Fine
- Up to $75,000, or both
Arson in the first degree: damaging by fire or explosion a dwelling, or a structure in which persons are normally present (Offence)
- Least
- No minimum term set by the statute
- Most
- 25 years
- Fine
- Up to $100,000, or both
Aggravated assault
Up to 15 years (aggravated battery)
Aggravated battery (Offence)
- Least
- No minimum term set by the statute
- Most
- 15 years
Idaho's aggravated battery (§ 18-907) is a battery that causes great bodily harm, permanent disability or permanent disfigurement, or uses a deadly weapon or instrument, a corrosive or caustic chemical, or a poison. The separate offence of aggravated assault was not read for this table.
Rape and sexual assault
At least 1 year, and the term may extend to life (rape)
Rape: penetration, however slight, in the circumstances listed in § 18-6101 (for example, a victim under 16 and a perpetrator 18 or older, or by force or threat) (Offence)
- Least
- 1 year
- Most
- Life imprisonment
Kidnapping
1 to 25 years (second degree); death or life (first degree)
Kidnapping in the second degree (Offence)
- Least
- 1 year
- Most
- 25 years
Kidnapping in the first degree (Offence)
- Least
- Life imprisonment (the alternative is death)
- Most
- Death
A death sentence cannot be imposed if the kidnapped person was liberated unharmed before sentencing.
Embezzlement
1 to 14 years (grand theft of more than $1,000); up to 20 years in some listed cases
Grand theft: theft of property whose value exceeds $1,000, or in other listed circumstances (Offence)
- Least
- 1 year
- Most
- 14 years
- Fine
- Up to $5,000, or both
Idaho punishes embezzlement as theft (§ 18-2403). Grand theft includes theft of property worth more than $1,000, and theft of listed items such as public records, checks, property taken from a person, or property obtained by extortion. Most grand theft carries a fine of up to $5,000 and 1 to 14 years. Grand theft under § 18-2407(1)(a) carries a fine of up to $10,000 and 1 to 20 years.
Forgery
1 to 14 years
Forgery (Offence)
- Least
- 1 year
- Most
- 14 years
Drunk driving, first offence
A misdemeanor: up to 6 months in jail, a fine of up to $1,000, and a licence suspension
Driving under the influence (§ 18-8004(1)(a)), first offence (Misdemeanor)
- Least
- No minimum term set by the statute
- Most
- 6 months
- Fine
- Up to $1,000
The court must suspend the licence for 30 days with no driving privileges of any kind, followed by a further suspension of at least 60 and no more than 150 days.
Compare with: Iowa, Arizona, California, New York, Florida, Texas, Virginia, Washington, Maryland, Minnesota, Maine, South Carolina, Delaware, North Dakota, South Dakota, Alabama, Alaska, North Carolina, Ohio, Michigan, Massachusetts, Missouri, Nebraska, Vermont, West Virginia, Nevada, Montana, New Hampshire, Rhode Island, Colorado, Pennsylvania, Illinois, Connecticut.
