Idaho Code
Idaho Code

Idaho Code § 18-106 (2026)

Court to impose punishment. 

✓ current as of May 2026
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Court to impose punishment. 

The several sections of this code which declare certain crimes to be punishable as therein mentioned, devolve a duty upon the court authorized to pass sentence, to determine and impose the punishment prescribed.

Notes of Decisions
Cited in 7 cases, 1952–2017 · leading case: State v. Creech, 670 P.2d 463 (Idaho 1983).
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State v. Creech, 670 P.2d 463 (Idaho 1983). · cites it 8× “1877, § 6306 — now I.C. § 18-106. ( See In re Erickson, 44 Idaho 713 , 260 P.”
Cafferty v. State, Dept. of Transp., 160 P.3d 763 (Idaho 2007). · cites it 2× “I.C. §§ 18-106; 18-107. In addition to the charge, our legislature has given courts the exclusive authority to suspend or revoke licenses upon conviction for DUI.”
State v. Gish, 404 P.2d 595 (Idaho 1965). · cites it 2× “§ 6306 (I.C. § 18-106). “Whenever, in this code, the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case, must be determined by the court authorized to pass sentence within such limits as may be prescribed by…”
Ex Parte Dalton, 243 P.2d 594 (Idaho 1952). “160, 161 , quoting and following with approval Ex parte Lee, supra, held that the indeterminate statute in effect repealed, so far as inconsistent, then Sections 8079-80 of the Compiled Statutes, now Sections 18-106 and 18-107, I.C., but again it does not appear the question now…”
State v. Lemmons, 389 P.3d 197 (Idaho Ct. App. 2017). · cites it 2× “While it is true that Idaho trial courts have broad common law sentencing discretion, the legislature has limited that discretion for sentences in drug trafficking cases by requiring courts to impose mandatory minimum imprisonment terms and fines on each count of trafficking for…”
State v. Bryann Kristine Lemmons (Idaho Ct. App. 2017). · cites it 2× “While it is true that Idaho trial courts have broad common law sentencing discretion, the legislature has limited that discretion for sentences in drug trafficking cases by requiring courts to impose mandatory minimum imprisonment terms and fines on each count of trafficking for…”
State v. Smith, 835 P.2d 1371 (Idaho Ct. App. 1992). · cites it 2× “See also I.C. §§ 18-106, 107. The state has not — and certainly Smith has not — raised any issue in this appeal that the sentence was less than the sentence authorized by statute.”
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