Idaho law

Criminal Defense Laws in Idaho.

Idaho does not classify felonies into lettered or numbered classes. Instead, each felony statute specifies its own maximum penalty. The default felony penalty is up to 5 years in prison and a $50,000 fine. Idaho uses indeterminate sentencing where judges set a minimum (fixed) term and a maximum (indeterminate) term. Misdemeanors carry up to 6 months in jail and a $1,000 fine. Idaho allows expungement of certain arrest records but is more limited than many states for conviction records.

Last verified: 2026-02-25

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State law

Statute of Limitations

No limit for certain felonies; 5 years for most felonies; 1 year for misdemeanorsIdaho Code §§ 19-401 through 19-403

There is no statute of limitations for certain crimes including sexual abuse of a child and terrorism. Most felonies must be charged within 5 years. Misdemeanors must be charged within 1 year.

Exceptions

Sexual Abuse of a Child / Lewd Conduct — No time limitIdaho Code § 19-401

Prosecution for sexual abuse of a child (Idaho Code § 18-1506) or lewd conduct with a child (Idaho Code § 18-1508) may be commenced at any time.

Absent from StateIdaho Code § 19-404

The statute of limitations is tolled while the defendant is absent from the state of Idaho.

State law

Key Idaho Statutes

Felony Definition and Default PenaltyIdaho Code §§ 18-111, 18-112

A felony is any crime punishable by imprisonment in the state prison. When no specific punishment is prescribed, the default is up to 5 years in prison and/or a $50,000 fine.

DUI PenaltiesIdaho Code § 18-8004

It is unlawful to drive with a BAC of 0.08% or higher (0.04% for commercial vehicles, 0.02% for under-21). A first offense is a misdemeanor with up to 6 months in jail and a $1,000 fine. Enhanced penalties apply for BAC of 0.20% or higher, and a third DUI within 10 years is a felony.

Expungement of Arrest RecordsIdaho Code § 67-3004(10)

A person who was arrested but not charged within 1 year, or who was acquitted of all charges or had all charges dismissed, may have the fingerprint and criminal history record expunged and the court file sealed upon written request.

Indeterminate SentencingIdaho Code § 19-2513

When imposing a prison sentence, the judge sets a fixed (minimum) term during which the offender is not eligible for parole, plus an indeterminate term representing the maximum total sentence.

State law

Official Sources

Idaho State Legislature — Title 18 (Crimes)Idaho State Legislature — Title 19 (Criminal Procedure)

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Idaho.

Criminal Defense Laws in Idaho.

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Statute of Limitations

Key Idaho Statutes

Official Sources

Not Legal Advice

Other state law topics.