Idaho Code
Idaho Code

Idaho Code § 18-205 (2026)

Accessories defined. 

✓ current as of May 2026
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Accessories defined. 

All persons are accessories who, having knowledge that a felony has been committed:

(1)  Willfully withhold or conceal it from a peace officer, judge, magistrate, grand jury or trial jury; or
(2)  Harbor and protect a person who committed such felony or who has been charged with or convicted thereof.
Notes of Decisions
Cited in 32 cases (3 in the last 5 years), 1984–2026 · leading case: State v. Lampien, 223 P.3d 750 (Idaho 2009).
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State v. Lampien, 223 P.3d 750 (Idaho 2009). · cites it 40× “The charging information read: MELANIE ANN LAMPIEN is accused by this information of the crime of HARBORING A WANTED FELON, Idaho Code § 18-205 , a felony, committed as follows, to-wit: That the said MELANIE ANN LAMPIEN, in the County of Bannock, State of Idaho, on or about the…”
State v. Hauser, 150 P.3d 296 (Idaho Ct. App. 2006). · cites it 36× “At a preliminary hearing, however, the magistrate found that there was insufficient evidence to charge Hauser as a principal and that Hauser could only be tried as an accessory after the fact, I.C. § 18-205. An information charging Hauser with the latter offense was filed, and…”
State v. Adamcik, 272 P.3d 417 (Idaho 2012). · cites it 4× “Idaho Code § 18-205 states: All persons are accessories who, having knowledge that a felony has been committed: (1) Willfully withhold or conceal it from a peace officer, judge, magistrate, grand jury or trial jury; or (2) Harbor and protect a person who committed such felony or…”
Augustin Valenzuela Gallardo v. Loretta E. Lynch, 818 F.3d 808 (9th Cir. 2016). · cites it 4× “2010), the Fifth Circuit held the same for an Idaho accessory statute ( Idaho Code § 18-205 ). See id. at 550 . Notably, the witness-tampering statutes analyzed in Armenta-Lagunas and Higgins both require a perpetrator to “believ[e] that an official proceeding” “is pending or…”
Rome v. State, 431 P.3d 242 (Idaho 2018). · cites it 4× “I.C. § 18-205. Therefore, the accessory-after-the-fact statute requires that (1) the actor "hav[e] knowledge that a felony has been committed"; then, (2) with that knowledge, either (a) "willfully withhold or conceal" that knowledge from law enforcement or (b) "harbor or protect…”
State v. Campbell, 481 P.3d 118 (Idaho 2021). · cites it 14× “Regarding that argument, the court held, “the knowledge requirement of I.C. § 18-205, in the context of subsection (1) of that statute, is met if the person charged as an accessory had such information as would lead a reasonable person to conclude that a felony had been…”
State v. Teasley, 58 P.3d 97 (Idaho Ct. App. 2002). · cites it 6× “A jury found Patricia Marie Teasley guilty as an accessory for harboring a felon, Idaho Code § 18-205 . Teasley appeals, arguing the district court erred by incorrectly instructing the jury on the elements for a charge of harboring a felon and by failing to instruct the jury…”
State v. Randles, 787 P.2d 1152 (Idaho 1990). · cites it 4× “Yet there is no evidence to show which defendant was actively cultivating the plants, or that the other did anything to incite, encourage, counsel or assist the commission of the crime.”
State v. Tapp, 33 P.3d 828 (Idaho Ct. App. 2001). · cites it 2× “Rather than waiting for a voluntary interview on January 13, law enforcement officials obtained a warrant to arrest Tapp on a charge of accessory to a felony, Idaho Code §§ 18-205 , -206, and he was arrested on January 11.”
State v. Thomas, 991 P.2d 870 (Idaho Ct. App. 1999). · cites it 2× “On June 23, 1997, Thomas was arrested and charged with one count of accessory after the fact to murder, I.C. §§ 18-205, 18-4001, and sixty counts of grand theft by unauthorized control, I.”
United States v. Gamboa-Garcia, 620 F.3d 546 (5th Cir. 2010). “Gamboa was convicted of violations under Idaho Code Ann. §§ 18-205 , -206, -4001, - 4002, -4003 (2002).”
State v. Mason, 692 P.2d 350 (Idaho 1984). · cites it 4× “On February 9, 1982, Mason was also charged with accessory to grand theft of a 1977 Yamaha snowmobile, pursuant to I.C. §§ 18-205 and 18-2403(4). Following trial, a jury found Mason guilty on both counts.”
Show all 32 citing cases →
— Idaho Code § 18-205(1) — 3 cases
State v. Hauser, 150 P.3d 296 (Idaho Ct. App. 2006). “At a preliminary hearing, however, the magistrate found that there was insufficient evidence to charge Hauser as a principal and that Hauser could only be tried as an accessory after the fact, I.C. § 18-205. An information charging Hauser with the latter offense was filed, and…”
State v. Campbell, 481 P.3d 118 (Idaho 2021). “Regarding that argument, the court held, “the knowledge requirement of I.C. § 18-205, in the context of subsection (1) of that statute, is met if the person charged as an accessory had such information as would lead a reasonable person to conclude that a felony had been…”
State v. Campbell (Idaho 2021).
— Idaho Code § 18-205(2) — 2 cases
State v. Lampien, 223 P.3d 750 (Idaho 2009). “The charging information read: MELANIE ANN LAMPIEN is accused by this information of the crime of HARBORING A WANTED FELON, Idaho Code § 18-205 , a felony, committed as follows, to-wit: That the said MELANIE ANN LAMPIEN, in the County of Bannock, State of Idaho, on or about the…”
State of Idaho v. Melanie Lampien (Idaho 2009).
— Idaho Code § 18-205(b) — 2 cases
State v. Lampien, 223 P.3d 750 (Idaho 2009). “The charging information read: MELANIE ANN LAMPIEN is accused by this information of the crime of HARBORING A WANTED FELON, Idaho Code § 18-205 , a felony, committed as follows, to-wit: That the said MELANIE ANN LAMPIEN, in the County of Bannock, State of Idaho, on or about the…”
State of Idaho v. Melanie Lampien (Idaho 2009).
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