Idaho Code
Idaho Code

Idaho Code § 18-2402 (2026)

Definitions. 

✓ current as of May 2026
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Definitions. 

The following definitions are applicable to this chapter:

(1)  "Appropriate." To "appropriate" property of another to oneself or a third person means:
(a)  To exercise control over it, or to aid a third person to exercise control over it, permanently or for so extended a period or under such circumstances as to acquire the major portion of its economic value or benefit; or
(b)  To dispose of the property for the benefit of oneself or a third person.
(2)  "Deception" means knowingly to:
(a)  Create or confirm another’s impression that is false and that the offender does not believe to be true; or
(b)  Fail to correct a false impression that the offender previously has created or confirmed; or
(c)  Prevent another from acquiring information pertinent to the disposition of the property involved; or
(d)  Sell or otherwise transfer or encumber property, failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of the property whether such impediment is or is not valid or is or is not a matter of official record; or
(e)  Promise performance that the offender does not intend to perform or knows will not be performed. Failure to perform, standing alone, is not evidence that the offender did not intend to perform.
(3)  "Deprive." To "deprive" another of property means:
(a)  To withhold it or cause it to be withheld from him permanently or for so extended a period or under such circumstances that the major portion of its economic value or benefit is lost to him; or
(b)  To dispose of the property in such manner or under such circumstances as to render it unlikely that an owner will recover such property.
(4)  "Obtain" means:
(a)  In relation to property, to bring about a transfer of interest or possession, whether to the offender or to another; and
(b)  In relation to labor or services, to secure the performance thereof.
(5)  "Obtains or exerts control" over property includes but is not limited to the taking, carrying away, or the sale, conveyance, or transfer of title to, or interest in, or possession of property.
(6)  "Owner." When property is taken, obtained, or withheld by one (1) person from another person, an owner thereof means any person who has a right to possession thereof superior to that of the taker, obtainer, or withholder. "Owner" includes any person who physically delivers or transfers goods or property to a purchaser through an agreement or contract in which the purchaser has entered into fraudulently by having no intention to pay any amount for the goods or property. For the purposes of this chapter and regardless of any contrary provisions of chapter 2, title 28, Idaho Code, such owner retains a superior right to possession of such goods or property over the fraudulent purchaser.
(7)  "Person" means an individual, corporation, association, public or private corporation, city or other municipality, county, state agency, or the state of Idaho.
(8)  "Property" means anything of value. Property includes real estate, money, commercial instruments, admission or transportation tickets, written instruments representing or embodying rights concerning anything of value, labor or services, or otherwise of value to the owner; things growing on, affixed to, or found on land, or part of or affixed to any building; electricity, gas, steam, and water; birds, animals and fish, which ordinarily are kept in a state of confinement; food and drink; samples, cultures, microorganisms, specimens, records, recordings, documents, blueprints, drawings, maps, and whole or partial copies, descriptions, photographs, prototypes or models thereof; or any other articles, materials, devices, substances and whole or partial copies, descriptions, photographs, prototypes or models thereof which constitute, represent, evidence, reflect or record a secret scientific, technical, merchandising, production or management information, design, process, procedure, formula, invention, or improvement.
(9)  "Service" includes but is not limited to labor, professional service, transportation service, the supplying of hotel accommodations, restaurant services, entertainment, (a communication system) the supplying of equipment for use, and the supplying of commodities of a public utility nature such as gas, electricity, steam and water. A ticket or equivalent instrument that evidences a right to receive a service is not in itself service but constitutes property within the meaning of subsection (8) of this section.
(10) "Stolen property" means property over which control has been obtained by theft.
(11) "Value." The value of property shall be ascertained as follows:
(a)  Except as otherwise specified in this section, value means the market value of the property at the time and place of the crime, or if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the crime.
(b)  Whether or not they have been issued or delivered, certain written instruments, not including those having a readily ascertainable market value such as some public and corporate bonds and securities, shall be evaluated as follows:
1.  The value of an instrument constituting an evidence of debt, such as a check, draft or promissory note, shall be deemed the amount due or collectible thereon or thereby, such figure ordinarily being the face amount of the indebtedness less any portion thereof which has been satisfied.
2.  The value of a ticket or equivalent instrument that evidences a right to receive a transportation, entertainment or other service shall be deemed the price stated thereon, if any; and if no price is stated thereon, the value shall be deemed the price of such ticket or equivalent instrument that the issuer charges the general public.
3.  The value of any other instrument that creates, releases, discharges or otherwise affects any valuable legal right, privilege or obligation shall be deemed the greatest amount of economic loss the owner of the instrument might reasonably suffer by virtue of the loss of the instrument.
(c)  When the value of property cannot be satisfactorily ascertained pursuant to the standards set forth in paragraphs (a) and (b) of this subsection, its value shall be deemed to be one thousand dollars ($1,000) or less.
(d)  For the purpose of establishing value of any written instrument, the interest of any owner or owners entitled to part or all of the property represented by such instrument, by reason of such instrument, may be shown, even if another owner may be named in the complaint, information or indictment.
Notes of Decisions
Cited in 46 cases (4 in the last 5 years), 1967–2022 · leading case: State v. Werneth, 611 P.2d 1026 (Idaho 1980).
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State v. Werneth, 611 P.2d 1026 (Idaho 1980). · cites it 20× “Defendant-appellant, Stephen Werneth, appeals from a jury verdict finding him guilty of embezzlement by corporate officer under I.C. § 18-2402. 1 Werneth claims that the jury trial violated his constitutional right not to be twice placed in jeopardy.”
State v. Smith, 169 P.3d 275 (Idaho Ct. App. 2007). · cites it 12× “§ 19-5304(1)(a). For the purposes of determining restitution, the value of property is defined as "the market value of the property at the time and place of the crime, or if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable…”
State v. Bennett, 246 P.3d 387 (Idaho 2010). · cites it 16× “Idaho Code § 18-2402 (6) defines "owner" as "any person who has a right to possession thereof superior to that of the taker, obtainer or withholder.”
State v. Johnson, 233 P.3d 190 (Idaho Ct. App. 2010). · cites it 10× “Therefore, resort to replacement value was not authorized under I.C. § 18-2402. Because there was insufficient evidence to support a finding that the value of the stolen wire exceeded $1,000, Johnson’s judgment of conviction must be reduced to a misdemean- or, petit theft,…”
State v. Burris, 619 P.2d 1136 (Idaho 1980). · cites it 8× “I.C. § 18-2402. The complaint alleged that defendant sold a Smith & Wesson Eastfield model shotgun belonging to the city and appropriated the proceeds of the sale to his own use.”
State v. Summer, 76 P.3d 963 (Idaho 2003). · cites it 8× “As previously determined, the indictment was sufficient, and there was evidence to support the charge that Summer attempted to take property of another by deception.”
State v. Stevens, 892 P.2d 889 (Idaho 1995). · cites it 4× “The motion to dismiss was then granted. Four days later the state charged Werneth with embezzlement by a corporate officer.”
State v. Darbin, 708 P.2d 921 (Idaho Ct. App. 1985). · cites it 4× “The information states that Darbin committed the offense by "obtaining control over, possessing or disposing of" the truck. (Emphasis added.”
State v. Hickman, 191 P.3d 1098 (Idaho 2008). · cites it 4× “…if it showed Cain had a right to possession of the financial transaction cards superior to that of Hickman. See I.C. § 18-2402(6).”
Diaz-lizarraga, 26 I. & N. Dec. 847 (BIA 2016). “For the reasons that follow, we now update our existing jurisprudence and hold that the Arizona shoplifting statute at section 13-1805(A) defines a categorical crime involving moral turpitude despite the fact that it does not require the accused to intend a literally permanent…”
State v. Tomes, 801 P.2d 1303 (Idaho Ct. App. 1990). · cites it 6× “To "obtain" the property of another means to bring about a transfer of interest or possession. I.C. § 18-2402(4).”
State v. Henninger, 945 P.2d 864 (Idaho Ct. App. 1997). · cites it 4× “We think it unlikely, however, that the Idaho legislature, in adopting I.C. §§ 18-2402(6) and 18-2403(3), intended to render criminal the conduct of every person who misses a payment on a secured credit purchase and does not immediately comply with a contractual obligation to…”
Show all 46 citing cases →
— Idaho Code § 18-2402(10) — 1 case
State v. Mitchell (Idaho Ct. App. 2020).
— Idaho Code § 18-2402(11) — 2 cases
State v. Best (Idaho Ct. App. 2020).
State v. Dempsey (Idaho Ct. App. 2020).
— Idaho Code § 18-2402(11)(a) — 5 cases
State v. Smith, 169 P.3d 275 (Idaho Ct. App. 2007). “§ 19-5304(1)(a). For the purposes of determining restitution, the value of property is defined as "the market value of the property at the time and place of the crime, or if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable…”
State v. Summer, 76 P.3d 963 (Idaho 2003). “As previously determined, the indictment was sufficient, and there was evidence to support the charge that Summer attempted to take property of another by deception.”
State v. Dempsey (Idaho Ct. App. 2020).
State v. Best (Idaho Ct. App. 2020).
State v. Tyler Kelly Vanslyke (Idaho Ct. App. 2013).
— Idaho Code § 18-2402(11)(c) — 3 cases
State v. Dempsey, 490 P.3d 19 (Idaho 2021).
State v. Dempsey (Idaho Ct. App. 2020).
State v. Dempsey (Idaho 2021).
— Idaho Code § 18-2402(1l)(a) — 1 case
State v. Smith, 169 P.3d 275 (Idaho Ct. App. 2007). “§ 19-5304(1)(a). For the purposes of determining restitution, the value of property is defined as "the market value of the property at the time and place of the crime, or if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable…”
— Idaho Code § 18-2402(2) — 1 case
Massie v. Pate (In Re Pate), 262 B.R. 825 (Bankr. D. Idaho 2001).
— Idaho Code § 18-2402(3) — 3 cases
State v. Caldwell, 101 P.3d 233 (Idaho Ct. App. 2004).
State v. Miller (Idaho Ct. App. 2020).
State of Idaho v. William Lynn Bennett (Idaho Ct. App. 2009).
— Idaho Code § 18-2402(3)(a) — 3 cases
State v. Olin, 725 P.2d 801 (Idaho Ct. App. 1986).
State v. Tomes, 801 P.2d 1303 (Idaho Ct. App. 1990). “To "obtain" the property of another means to bring about a transfer of interest or possession. I.C. § 18-2402(4).”
State v. Hart, 735 P.2d 1070 (Idaho Ct. App. 1987).
— Idaho Code § 18-2402(4) — 2 cases
State v. Tomes, 801 P.2d 1303 (Idaho Ct. App. 1990). “To "obtain" the property of another means to bring about a transfer of interest or possession. I.C. § 18-2402(4).”
State of Idaho v. William Lynn Bennett (Idaho Ct. App. 2009).
— Idaho Code § 18-2402(4)(a) — 1 case
State v. Gums, 894 P.2d 163 (Idaho Ct. App. 1995).
— Idaho Code § 18-2402(5) — 2 cases
State v. Darbin, 708 P.2d 921 (Idaho Ct. App. 1985). “The information states that Darbin committed the offense by "obtaining control over, possessing or disposing of" the truck. (Emphasis added.”
State v. Mitchell (Idaho Ct. App. 2020).
— Idaho Code § 18-2402(6) — 14 cases
State v. Bennett, 246 P.3d 387 (Idaho 2010). “Idaho Code § 18-2402 (6) defines "owner" as "any person who has a right to possession thereof superior to that of the taker, obtainer or withholder.”
State v. Hickman, 191 P.3d 1098 (Idaho 2008). “…if it showed Cain had a right to possession of the financial transaction cards superior to that of Hickman. See I.C. § 18-2402(6).”
State v. Henninger, 945 P.2d 864 (Idaho Ct. App. 1997). “We think it unlikely, however, that the Idaho legislature, in adopting I.C. §§ 18-2402(6) and 18-2403(3), intended to render criminal the conduct of every person who misses a payment on a secured credit purchase and does not immediately comply with a contractual obligation to…”
Schiermeier v. State, 521 P.3d 699 (Idaho 2022).
State v. Dix, 465 P.3d 1090 (Idaho 2020).
— Idaho Code § 18-2402(8) — 4 cases
State v. Coats, 444 P.3d 895 (Idaho 2019).
State v. Coats (Idaho 2019).
State v. Culbreth, 193 P.3d 869 (Idaho Ct. App. 2008).
In the Matter of John Doe, a Child Under Eighteen Years (State v. John Doe) (Idaho Ct. App. 2007).
— Idaho Code § 18-2402(l)(a) — 2 cases
State v. Boag, 801 P.2d 1295 (Idaho Ct. App. 1990).
State v. Tomes, 801 P.2d 1303 (Idaho Ct. App. 1990). “To "obtain" the property of another means to bring about a transfer of interest or possession. I.C. § 18-2402(4).”
— Idaho Code § 18-2402(ll)(a) — 3 cases
State v. Johnson, 233 P.3d 190 (Idaho Ct. App. 2010). “Therefore, resort to replacement value was not authorized under I.C. § 18-2402. Because there was insufficient evidence to support a finding that the value of the stolen wire exceeded $1,000, Johnson’s judgment of conviction must be reduced to a misdemean- or, petit theft,…”
State v. Summer, 76 P.3d 963 (Idaho 2003). “As previously determined, the indictment was sufficient, and there was evidence to support the charge that Summer attempted to take property of another by deception.”
State v. Smith, 169 P.3d 275 (Idaho Ct. App. 2007). “§ 19-5304(1)(a). For the purposes of determining restitution, the value of property is defined as "the market value of the property at the time and place of the crime, or if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable…”
— Idaho Code § 18-2402(ll)(c) — 1 case
State v. Johnson, 233 P.3d 190 (Idaho Ct. App. 2010). “Therefore, resort to replacement value was not authorized under I.C. § 18-2402. Because there was insufficient evidence to support a finding that the value of the stolen wire exceeded $1,000, Johnson’s judgment of conviction must be reduced to a misdemean- or, petit theft,…”
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