Idaho Code
Idaho Code § 18-100 (2026)
Title, effect of prior law and statement of legislative intent.
✓ current as of May 2026
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Title, effect of prior law and statement of legislative intent.
(1) This title is called the Criminal Code.
(2) Except as provided in subsection (3) of this section, this code does not apply to offenses committed prior to its effective date [April 1, 1972] and prosecutions for such offenses shall be governed by the prior law, which is continued in effect for that purpose, as if this code were not in force. For the purposes of this section, an offense was committed prior to the effective date of this code if any of the elements of the offense occurred prior thereto.
(3) In any case pending on or after the effective date of this code, involving an offense committed prior to such date:
(a) procedural provisions of this code shall govern, insofar as they are justly applicable and their application does not introduce confusion or delay;
(b) provisions of this code according a defense or mitigation shall apply, with the consent of the defendant;
(c) the court, with the consent of the defendant, may impose sentence under the provisions of this code applicable to the offense and the offender.
(4) The purpose of this code is to re-establish the criminal laws of the state of Idaho that existed on December 31, 1971, unless otherwise specifically amended or repealed by this act.
Any provision of law that was in effect on December 31, 1971, is not repealed by inference or implication by enactment of this code.
(5) Any reference to the Penal and Correctional Code in effect on and between January 1, 1972 and March 31, 1972 (Chapter 143, Session Laws of 1971) shall be deemed to refer to a comparable provision in this code.
Notes of Decisions
Cited in 4
cases, 1974–2001 · leading case: State v. Montgomery, 17 P.3d 292 (Idaho 2001).
State v. Montgomery, 17 P.3d 292 (Idaho 2001). “The procedural provisions of Idaho Code § 18-100 , the criminal code, govern in criminal cases “insofar as they are justly applicable and their application does not introduce confusion or delay.”
State v. Barlow, 746 P.2d 1032 (Idaho Ct. App. 1987). “" I.C. § 18-100(1) provides that "[t]his title is called the Criminal Code.”
State v. Musquiz, 524 P.2d 1077 (Idaho 1974). “§ 18-100(3) (c), it is our conclusion that the legislature, in a situation as is here presented, specifically left it optional with a trial court in sentencing a defendant convicted of a crime under the provisions of the P.”
State v. Butler, 523 P.2d 31 (Idaho 1974). “6 The sentence imposed is within the statutory limits and there is no clear showing of an abuse of discretion.”
— Idaho Code § 18-100(1) — 1 case
State v. Barlow, 746 P.2d 1032 (Idaho Ct. App. 1987). “" I.C. § 18-100(1) provides that "[t]his title is called the Criminal Code.”
— Idaho Code § 18-100(3) — 1 case
State v. Musquiz, 524 P.2d 1077 (Idaho 1974). “§ 18-100(3) (c), it is our conclusion that the legislature, in a situation as is here presented, specifically left it optional with a trial court in sentencing a defendant convicted of a crime under the provisions of the P.”
— Idaho Code § 18-100(3)(a) — 1 case
State v. Montgomery, 17 P.3d 292 (Idaho 2001). “The procedural provisions of Idaho Code § 18-100 , the criminal code, govern in criminal cases “insofar as they are justly applicable and their application does not introduce confusion or delay.”
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