Idaho Code
Idaho Code

Idaho Code § 18-109 (2026)

Definition of crime. 

✓ current as of May 2026
Find cases: SyfertCases citing this section IClegislature.idaho.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Definition of crime. 

A crime or public offense is an act committed or omitted in violation of a law forbidding or commanding it, and to which is annexed, upon conviction, either of the following punishments:

2.  Imprisonment.
4.  Removal from office; or
5.  Disqualification to hold and enjoy any office of honor, trust or profit in this state.
Notes of Decisions
Cited in 9 cases, 1961–2015 · leading case: State v. Wagenius, 581 P.2d 319 (Idaho 1978).
Sort: Relevance Newest Treatment
State v. Wagenius, 581 P.2d 319 (Idaho 1978). · cites it 10× “I.C. § 18-109, also first enacted as part of the Criminal Practice Act of 1864, 1864 Idaho Sess.”
State v. Major, 725 P.2d 115 (Idaho 1986). · cites it 4× “" [3] I.C. § 18-109 defines an offense as "an act committed or omitted in violation of a law forbidding or commanding it, and to which is annexed, upon conviction, either of the following punishments: 1.”
State v. Bennion, 730 P.2d 952 (Idaho 1986). · cites it 4× “Section 18-109 No change. Section 49-602 Eliminate reference to unlawful nature of offense.”
Garcia v. State Tax Com'n of State of Id, 38 P.3d 1266 (Idaho 2002). · cites it 4× “The section requires that in order for the prohibition to apply, the act must be charged as a public offense in the State of Idaho.”
State Ex Rel. Moore v. Bastian, 546 P.2d 399 (Idaho 1976). · cites it 4× “It was incumbent upon the party asserting the illegality of the proposals (the Bastians) to clearly demonstrate that the proposals of the State were offensive to the ordinance and prohibited thereby and obtain a ruling to such effect from the trial court.”
State v. Ryan M. Rawlings, 363 P.3d 339 (Idaho 2015). · cites it 2× “” Idaho Code section 18-109(2) defines an act punishable by imprisonment as a “crime” and Idaho Code section 18-111 defines a crime punishable by imprisonment in the state prison as a “felony.”
United States v. Sharp, 179 P.3d 1059 (Idaho 2008). · cites it 2× “2 Idaho Code § 18-109 defines a public offense as an act or omission in violation of a law which, “upon conviction,” may be punished by death, imprisonment, fine, removal from office, or disqualification to hold and enjoy any office of honor, trust or profit in this State. Idaho…”
State v. McCoy, 913 P.2d 578 (Idaho 1996). · cites it 2× “See I.C. § 18-109. Because the legislature unambiguously denominated a violation of I.”
State v. Riley, 362 P.2d 1075 (Idaho 1961). · cites it 2× “The word “crime” is defined by I.C. § 18-109, as follows: “A crime or public offense is an act committed or omitted in violation of a law forbidding or commanding it, and to which is annexed, upon conviction, either of the following punishments: “1.”
— Idaho Code § 18-109(2) — 1 case
State v. Ryan M. Rawlings, 363 P.3d 339 (Idaho 2015). “” Idaho Code section 18-109(2) defines an act punishable by imprisonment as a “crime” and Idaho Code section 18-111 defines a crime punishable by imprisonment in the state prison as a “felony.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.