Idaho Code

Idaho Code § 18-112 (2026)

Punishment for felony. 

✓ current as of May 2026
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Punishment for felony. 

Except in cases where a different punishment is prescribed by this code, every offense declared to be a felony is punishable by imprisonment in the state prison not exceeding five (5) years, or by fine not exceeding fifty thousand dollars ($50,000), or by both such fine and imprisonment.

Notes of Decisions
Cited in 22 cases (1 in the last 5 years), 1969–2024 · leading case: State v. Hernandez, 832 P.2d 1162 (Idaho Ct. App. 1992).
State v. Hernandez, 832 P.2d 1162 (Idaho Ct. App. 1992). · cites it 12× “I.C. § 18-112. When a criminal defendant is prosecuted under a statute that has been changed to increase the punishment, the statute to be applied is the one in effect at the time of the commission of the crime.”
State v. Carringer, 523 P.2d 532 (Idaho 1974). · cites it 24× “The defendants argue therefrom that they should have been sentenced under the provisions of I.C. § 18-112, which provides: "Punishment for felony.”
State v. McCoy, 913 P.2d 578 (Idaho 1996). · cites it 17× “I.C. § 18-112 provides: Punishment for felony.”
Rummel v. Estelle, 445 U.S. 263 (1980). · cites it 2× “13, § 2002 (1958) (fine or up to 10 years). After 1964, at least two other States adopted specific statutes dealing with credit-card fraud and authorizing imprisonment for crimes like Rummel's.”
Yoakum v. Hartford Fire Ins., 923 P.2d 416 (Idaho 1996). · cites it 4× “As criminal offenses under Title 18, the Idaho legislature has specifically provided punishment for Hartford's alleged obstruction of justice and violations of the Idaho Bribery and Corrupt Influences Act, see I.C. §§ 18-112, -113; there is no indication that providing an…”
State v. Urquhart, 665 P.2d 1102 (Idaho Ct. App. 1983). · cites it 2× “See I.C. §§ 18-112, 18-2505. Absent a contrary statute or other indication in the record, we will treat one-third of the indeterminate sentence as the point of first parole eligibil *97 ity.”
State v. Hayes, 824 P.2d 163 (Idaho Ct. App. 1992). · cites it 6× “Idaho Code § 18-112 provides that unless a different punishment is prescribed by the code, felonies are punishable by imprisonment in the state prison for a period not exceeding five years, or a fine not exceeding $5,000, or both.”
State v. Bush, 951 P.2d 1249 (Idaho 1997). · cites it 2× “(now I.C. § 18-112), which provided for a five-year maximum sentence for felonies, except where a different punishment was provided.”
State v. Beebe, 751 P.2d 673 (Idaho Ct. App. 1988). · cites it 2× “The judge, citing a need to protect society, imposed a five-year fixed term of incarceration in the custody of the Board of Correction.”
State v. Bartlett, 800 P.2d 118 (Idaho Ct. App. 1990). · cites it 2× “1 At a proceeding consolidating the sentencing hearings on the two matters, the district court imposed unified sentences for each conviction: a determinate sentence of five years’ incarceration — the statutory maximum 2 — on the sexual abuse conviction, I.C. § 18-112; I.C. §…”
State v. Chavez, 1 P.3d 809 (Idaho Ct. App. 2000). · cites it 2× “All of these circumstances indicate that, notwithstanding his probation violations, Chavez made significant rehabilitative progress while on probation, and it is unlikely that such a lengthy term of incarceration for the escape is needed for the protection of society, to deter…”
State v. Snapp, 715 P.2d 939 (Idaho 1986). · cites it 2× “I.C. § 18-112. Therefore the trial court possessed statutory authority to sentence Snapp to three consecutive fixed five-year terms.”
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