Idaho Code

Idaho Code § 18-101 (2026)

Definition of terms. 

✓ current as of May 2026
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Definition of terms. 

The following words have in this code the signification attached to them in this section, unless otherwise apparent from the context:

1.  The word "wilfully," when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act or make the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire any advantage.
2.  The words "neglect," "negligence," "negligent," and "negligently," import a want of such attention to the nature of probable consequences of the act or omission as a prudent man ordinarily bestows in acting in his own concerns.
3.  The word "corruptly," imports a wrongful design to acquire or cause some pecuniary or other advantage to the person guilty of the act or omission referred to, or to some other person.
4.  The words "malice," and "maliciously," import a wish to vex, annoy, or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law.
5.  The word "knowingly," imports only a knowledge that the facts exist which bring the act or omission within the provisions of this code. It does not require any knowledge of the unlawfulness of such act or omission.
6.  The word "bribe," signifies anything of value or advantage, present or prospective, or any promise or undertaking to give any, asked, given, or accepted, with a corrupt intent to influence, unlawfully, the person to whom it is given, in his action, vote or opinion, in any public or official capacity.
7.  Where the word "person" is used in this code to designate the party whose property may be the subject of any offense, it includes this state, any other state, any territory, government, or country, which may lawfully own property within this state, and all public and private corporations or joint associations, as well as individuals.
Notes of Decisions
Cited in 53 cases (7 in the last 5 years), 1933–2026 · leading case: State v. Young, 64 P.3d 296 (Idaho 2002).
State v. Young, 64 P.3d 296 (Idaho 2002). · cites it 32× “I.C. § 18-101 (emphasis added). This section limits its own applicability by the lead-in phrase "unless otherwise apparent from the context.”
State v. Poe, 88 P.3d 704 (Idaho 2004). · cites it 34× “Poe also argues that the trial court erred by instructing the jury regarding the statutory definition of "wilfully" in Idaho Code § 18-101 (1), which provides: The following words have in this code the signification attached to them in this section, unless otherwise apparent…”
Sheahan v. State, 190 P.3d 920 (Idaho Ct. App. 2008). · cites it 8× “The language in the second paragraph apparently was drawn from I.C. § 18-101, which defines various terms used in the criminal code, including “malice.”
State v. Thomas John Kralovec, 388 P.3d 583 (Idaho 2017). · cites it 4× “” I.C. § 18-101(1). Here, the State presented more than just the video evidence.”
State v. Nastoff, 862 P.2d 1089 (Idaho Ct. App. 1993). · cites it 11× “” *669 A definition of “malice” is provided by I.C. § 18-101, which states: 18 — 101 Definition of terms — The following words have in this code the signification attached to them in this section, unless otherwise apparent from the context: * sic * * * * 4.”
State v. Hammersley, 10 P.3d 1285 (Idaho 2000). · cites it 12× “As defined by section 18-101 of the Idaho Code, "willfully" means a purpose or willingness to commit the act or make the omission referred to.”
State v. Halbesleben, 75 P.3d 219 (Idaho Ct. App. 2003). · cites it 7× “The Court noted that I.C. § 18-101 specifies that the definition of “willfully” there provided is to be applied “unless otherwise apparent from the context” of the statute where the term is used, and the Court deemed it apparent from the context of § 18-1501(1) that the §…”
State v. Gomez, 889 P.2d 729 (Idaho Ct. App. 1994). · cites it 6× “JURY INSTRUCTION We next address Gomez’s contention that he was entitled to a jury instruction defining the word “knowingly” as that word was used in an instruction regarding constructive possession.”
State v. Fetterly, 886 P.2d 780 (Idaho Ct. App. 1994). · cites it 10× “The jury was given a definition of “wilfully” which was drawn from, but did not recite in its entirety, the definition in I.C. § 18-101(1). 3 These instructions are all that were required.”
State v. Coffin, 191 P.3d 244 (Idaho Ct. App. 2008). · cites it 12× “2004), the lower court used the definition of “willfully” in Idaho Code § 18-101 (1) 2 in instructing the jury on a domestic violence charge.”
State v. Manzanares, 272 P.3d 382 (Idaho 2012). · cites it 4× “" I.C. § 18-101(5). Since "criminal gang" is a defined term under the ICGEA (I.”
State v. James Leroy Skunkcap, 335 P.3d 561 (Idaho 2014). · cites it 6× “I.C. § 18-101. We agree with Defendant that the statutory definition of “maliciously” in section 18-101(4) does not apply as written to the crime of malicious injury to property as defined in Idaho Code section 18-7001(1).”
— Idaho Code § 18-101(1) — 24 cases
State v. Young, 64 P.3d 296 (Idaho 2002). “I.C. § 18-101 (emphasis added). This section limits its own applicability by the lead-in phrase "unless otherwise apparent from the context.”
State v. Thomas John Kralovec, 388 P.3d 583 (Idaho 2017). “” I.C. § 18-101(1). Here, the State presented more than just the video evidence.”
State v. Poe, 88 P.3d 704 (Idaho 2004). “Poe also argues that the trial court erred by instructing the jury regarding the statutory definition of "wilfully" in Idaho Code § 18-101 (1), which provides: The following words have in this code the signification attached to them in this section, unless otherwise apparent…”
State v. Reyes, 80 P.3d 1103 (Idaho Ct. App. 2003).
State v. Lilly, 122 P.3d 1170 (Idaho Ct. App. 2005).
— Idaho Code § 18-101(2) — 2 cases
State v. Fetterly, 886 P.2d 780 (Idaho Ct. App. 1994). “The jury was given a definition of “wilfully” which was drawn from, but did not recite in its entirety, the definition in I.C. § 18-101(1). 3 These instructions are all that were required.”
State v. TAMS, 240 P.3d 939 (Idaho Ct. App. 2010).
— Idaho Code § 18-101(3) — 1 case
State v. Tucker, 539 P.2d 556 (Idaho 1975).
— Idaho Code § 18-101(4) — 16 cases
State v. Poe, 88 P.3d 704 (Idaho 2004). “Poe also argues that the trial court erred by instructing the jury regarding the statutory definition of "wilfully" in Idaho Code § 18-101 (1), which provides: The following words have in this code the signification attached to them in this section, unless otherwise apparent…”
Sheahan v. State, 190 P.3d 920 (Idaho Ct. App. 2008). “The language in the second paragraph apparently was drawn from I.C. § 18-101, which defines various terms used in the criminal code, including “malice.”
State v. Nastoff, 862 P.2d 1089 (Idaho Ct. App. 1993). “” *669 A definition of “malice” is provided by I.C. § 18-101, which states: 18 — 101 Definition of terms — The following words have in this code the signification attached to them in this section, unless otherwise apparent from the context: * sic * * * * 4.”
State v. James Leroy Skunkcap, 335 P.3d 561 (Idaho 2014). “I.C. § 18-101. We agree with Defendant that the statutory definition of “maliciously” in section 18-101(4) does not apply as written to the crime of malicious injury to property as defined in Idaho Code section 18-7001(1).”
State v. Hammersley, 10 P.3d 1285 (Idaho 2000). “As defined by section 18-101 of the Idaho Code, "willfully" means a purpose or willingness to commit the act or make the omission referred to.”
— Idaho Code § 18-101(5) — 5 cases
State v. Gomez, 889 P.2d 729 (Idaho Ct. App. 1994). “JURY INSTRUCTION We next address Gomez’s contention that he was entitled to a jury instruction defining the word “knowingly” as that word was used in an instruction regarding constructive possession.”
State v. Manzanares, 272 P.3d 382 (Idaho 2012). “" I.C. § 18-101(5). Since "criminal gang" is a defined term under the ICGEA (I.”
State v. Diaz, 507 P.3d 1109 (Idaho 2022).
State v. Paciorek, 51 P.3d 443 (Idaho Ct. App. 2002).
State v. Blair Olsen, 386 P.3d 908 (Idaho 2016).
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