Idaho Code
Idaho Code

Idaho Code § 18-111 (2026)

Felony, misdemeanor and infraction defined. 

✓ current as of May 2026
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Felony, misdemeanor and infraction defined. 

A felony is a crime which is punishable with death or by imprisonment in the state prison. An infraction is a civil public offense, not constituting a crime, which is punishable only by a penalty not exceeding three hundred dollars ($300) and for which no period of incarceration may be imposed. Every other crime is a misdemeanor. When a crime punishable by imprisonment in the state prison is also punishable by fine or imprisonment in a county jail, in the discretion of the court, it shall be deemed a misdemeanor for all purposes after a judgment imposing a punishment other than imprisonment in the state prison.

Notes of Decisions
Cited in 27 cases (2 in the last 5 years), 1972–2025 · leading case: State v. Ryan M. Rawlings, 363 P.3d 339 (Idaho 2015).
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State v. Ryan M. Rawlings, 363 P.3d 339 (Idaho 2015). · cites it 4× “” 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.”
State v. Edmonson, 743 P.2d 459 (Idaho 1987). · cites it 4× “" I.C. § 18-111 distinguishes a felony from a misdemeanor.”
State v. McCoy, 913 P.2d 578 (Idaho 1996). · cites it 5× “§ 18-112 unless a statute specifically provides a different term of imprisonment for that offense.”
Sparrow v. State, 625 P.2d 414 (Idaho 1981). · cites it 4× “§ 18-4606, and is therefore a felony, I.C. § 18-111. Petit larceny is punishable by a “fine not exceeding $300, or by imprisonment in the county jail not exceeding six (6) months or both," I.”
State v. McCormack, 793 P.2d 682 (Idaho 1990). · cites it 4× “[7] That same 1982 legislation also amended I.C. § 18-111 to read as it now does: 18-111.”
United States v. Sharp, 179 P.3d 1059 (Idaho 2008). · cites it 4× “He relied upon Idaho Code § 18-111 which provided, “When a crime punishable by imprisonment in the state prison is also punishable by fine or imprisonment in a county jail, in the discretion of the court, it shall be deemed a misdemeanor for all purposes after a judgment…”
State v. Weber, 90 P.3d 314 (Idaho 2004). · cites it 2× “section 164 ; and further provided that notwithstanding the provisions of section 18-111, Idaho Code, a conviction under this section shall be deemed a felony; (b) May be fined an amount not to exceed five thousand dollars ($5,000); (c) Shall surrender his driver's license or…”
State v. Wiedmeier, 824 P.2d 120 (Idaho 1992). · cites it 4× “is not available under Idaho Code § 19-2604 nor available under Idaho Code § 18-111 . After reviewing Idaho Code § 19-2604 in conjunction with Idaho Code § 19-2601 , a dismissal of a felony charge is available only if a sentence has been imposed but suspended or if a sentence…”
State v. Moya, 161 P.3d 862 (N.M. 2007). · cites it 2× “, Idaho Code Ann. § 18-111 (2004). Although not explicitly stated, the effect of these statutes "is usually such that these statutes indirectly state what the statutes in almost all other jurisdictions expressly declare: that any crime punishable by death or imprisonment for…”
State v. Pontier, 518 P.2d 969 (Idaho 1974). · cites it 4× “2d 1020 (1950); I.C. § 18-111. Since the maximum possible sentence which could have been imposed upon appellant was six months in the county jail and fine of $300, the offense which appellant was charged with having committed should have been classified as a misdemeanor and the…”
State v. Bettwieser, 149 P.3d 857 (Idaho Ct. App. 2006). · cites it 2× “Bettwieser contends, however, that her father’s actions fall under the exception for claims of $300 or less because infractions are punishable only by fines of up to $100, I.C. §§ 18-111, 49-236(2). The heart of the issue, therefore, is whether a bench trial for the traffic…”
State v. Rae, 84 P.3d 586 (Idaho Ct. App. 2004). · cites it 2× “I.C. §§ 18-111; -902; -6409. A prosecution for any misdemeanor must be commenced by the filing of the complaint or the finding of an indictment within one (1) year after its commission.”
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