Idaho Code
Idaho Code § 18-113 (2026)
Punishment for misdemeanor.
✓ current as of May 2026
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Punishment for misdemeanor.
(1) Except in cases where a different punishment is prescribed in this code, every offense declared to be a misdemeanor, is punishable by imprisonment in a county jail not exceeding six (6) months, or by a fine not exceeding one thousand dollars ($1,000), or by both.
(2) In addition to any other punishment prescribed for misdemeanors in specific statutes of the Idaho Code, the court may also impose a fine of up to one thousand dollars ($1,000). This paragraph shall not apply if the specific misdemeanor statute provides for the imposition of a fine.
Notes of Decisions
Cited in 21
cases (2 in the last 5 years), 1969–2023 · leading case: State v. Parker, 118 P.3d 107 (Idaho 2005).
State v. Parker, 118 P.3d 107 (Idaho 2005). “" Idaho Code § 18-113 provides for the maximum punishment for a misdemeanor unless otherwise prescribed in the code.”
State v. Missamore, 803 P.2d 528 (Idaho 1990). “§ 18-7008(8) violation is set forth in I.C. § 18-113. The maximum sentence under this section is $300.”
Hobbs v. Abrams, 657 P.2d 1073 (Idaho 1983). “" I.C. § 18-113 sets out the punishment for commission of a misdemeanor: "[E]very offense declared to be a misdemeanor, is punishable by imprisonment in a county jail not exceeding six (6) months, or a fine not exceeding $300, or by both.”
Vill. of Peck v. Denison, 450 P.2d 310 (Idaho 1969). “It insures that a defendant will not be punished to an extent disproportionate to the actual damage he has done. It should also be noted that Title 18, Chapter 43 of the Idaho Code provides criminal liability for interference with water rights and delivery devices, and under I.”
State v. Pontier, 518 P.2d 969 (Idaho 1974). “I.C. § 18-113. The classification of an offense as either a felony or a misdemeanor is determined by the maximum possible punishment which may be imposed upon conviction.”
State v. Bennion, 730 P.2d 952 (Idaho 1986). “Indeed misdemeanors, as punishable by § 18-113, Idaho Code, ($300 and/or six months) do not require a jury to meet the requirements of the U.”
State v. Murphy, 499 P.2d 548 (Idaho 1972). “I.C. § 18-113. It appears to us that the defendant was prosecuted and convicted under the wrong section of the Idaho Code; although the complaint was sufficient to charge him with the crime of selling beer to a minor, it improperly indicated that this was a violation of I.”
State v. Andrey Sergeyevich Yermola, 367 P.3d 180 (Idaho 2016). “Idaho Code section 18-113(1) states, "Except in cases where a different punishment is prescribed in this code, every offense declared to be a misdemeanor, is punishable by imprisonment in a county jail not exceeding six (6) months, or by a fine not exceeding one thousand dollars…”
State v. Reyes, 203 P.3d 708 (Idaho Ct. App. 2008). “” I.C. § 18-113(1). See also Coeur d’Alene Municipal Code Section 1.”
State v. Hardman, 818 P.2d 782 (Idaho Ct. App. 1991). “I.C. § 18-113. Hardman’s failure to produce proof of liability insurance, then, would not require the court to appoint counsel because the offense did not carry a sufficient penalty to classify it as a “serious” offense within I.”
State v. Croston, 860 P.2d 674 (Idaho Ct. App. 1993). “§ 18-8005, while the maximum fine for driving without a license is $300, I.C. § 18-113.”
State v. Morales, 908 P.2d 1258 (Idaho Ct. App. 1996). “I.C. § 18-113 provides that, where no different punishment is prescribed, a misdemeanor is punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding $300, or by both.”
— Idaho Code § 18-113(1) — 2 cases
State v. Andrey Sergeyevich Yermola, 367 P.3d 180 (Idaho 2016). “Idaho Code section 18-113(1) states, "Except in cases where a different punishment is prescribed in this code, every offense declared to be a misdemeanor, is punishable by imprisonment in a county jail not exceeding six (6) months, or by a fine not exceeding one thousand dollars…”
State v. Reyes, 203 P.3d 708 (Idaho Ct. App. 2008). “” I.C. § 18-113(1). See also Coeur d’Alene Municipal Code Section 1.”
— Idaho Code § 18-113(2) — 1 case
State v. Wenk, 533 P.3d 1016 (Idaho Ct. App. 2023).
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