Idaho Code

Idaho Code § 18-2403 (2026)

Theft.

✓ current as of May 2026

Find cases: SyfertCases citing this section IClegislature.idaho.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Theft.

(1) A person steals property and commits theft when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof.

(2) Theft includes a wrongful taking, obtaining or withholding of another’s property, with the intent prescribed in subsection (1) of this section, committed in any of the following ways:

(a) By deception obtains or exerts control over property of the owner;

(b) By conduct heretofore defined or known as larceny; common law larceny by trick; embezzlement; extortion; obtaining property, money or labor under false pretenses; or receiving stolen goods;

(c) By acquiring lost property. A person acquires lost property when he exercises control over property of another which he knows to have been lost or mislaid, or to have been delivered under a mistake as to the identity of the recipient or the nature or amount of the property, without taking reasonable measures to return such property to the owner; or a person commits theft of lost or mislaid property when he:

1. Knows or learns the identity of the owner or knows, or is aware of, or learns of a reasonable method of identifying the owner; and

2. Fails to take reasonable measures to restore the property to the owner; and

3. Intends to deprive the owner permanently of the use or benefit of the property.

(d) By false promise:

1. A person obtains property by false promise when pursuant to a scheme to defraud, he obtains property of another by means of a representation, express or implied, that he or a third person will in the future engage in particular conduct, and when he does not intend to engage in such conduct or, as the case may be, does not believe that the third person intends to engage in such conduct.

2. In any prosecution for theft based upon a false promise, the defendant’s intention or belief that the promise would not be performed may not be established by or inferred from the fact alone that such promise was not performed. Such a finding may be based only upon evidence establishing that the facts and circumstances of the case are consistent with guilty intent or belief and inconsistent with innocent intent or belief, and excluding to a moral certainty every reasonable hypothesis except that of the defendant’s intention or belief that the promise would not be performed;

(e) By extortion. A person obtains property by extortion when he compels or induces another person to deliver such property to himself or to a third person by means of instilling in him a fear that, if the property is not so delivered, the actor or another will:

1. Cause physical injury to some person in the future; or

2. Cause damage to property; or

3. Engage in other conduct constituting a crime; or

4. Accuse some person of a crime or cause criminal charges to be instituted against him; or

5. Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule; or

6. Cause a strike, boycott or other collective labor group action injurious to some person’s business; except that such a threat shall not be deemed extortion when the property is demanded or received for the benefit of the group in whose interest the actor purports to act; or

7. Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense; or

8. Use or abuse his position as a public servant by performing some act within or related to his official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely; or

9. Perform any other act which would not in itself materially benefit the actor but which is calculated to harm another person materially with respect to his health, safety, business, calling, career, financial condition, reputation or personal relationships.

(3) A person commits theft when he knowingly takes or exercises unauthorized control over, or makes an unauthorized transfer of an interest in, the property of another person, with the intent of depriving the owner thereof.

(4) A person commits theft when he knowingly receives, retains, conceals, obtains control over, possesses, or disposes of stolen property, knowing the property to have been stolen or under such circumstances as would reasonably induce him to believe that the property was stolen, and

(a) Intends to deprive the owner permanently of the use or benefit of the property; or

(b) Knowingly uses, conceals or abandons the property in such manner as to deprive the owner permanently of such use or benefit; or

(c) Uses, conceals, or abandons the property knowing such use, concealment or abandonment probably will deprive the owner permanently of such use or benefit.

(5) Theft of labor or services or use of property.

(a) A person commits theft when he obtains the temporary use of property, labor or services of another which are available only for hire, by means of threat or deception or knowing that such use is without the consent of the person providing the property, labor or services.

(b) A person commits theft when after renting or leasing a motor vehicle or other equipment under an agreement in writing which provides for the return of the vehicle or other equipment to a particular place at a particular time, he willfully or intentionally fails to return the vehicle or other equipment to that place within forty-eight (48) hours after the time specified.

(c) A person commits theft if, having control over the disposition of services of others, to which he is not entitled, he knowingly diverts such services to his own benefit or to the benefit of another not entitled thereto.

Notes of Decisions

Cited in 542 cases (48 in the last 5 years), 1983–2026 · leading case: State v. Major, 725 P.2d 115 (Idaho 1986).

Sort: Relevance Newest Treatment

State v. Major, 725 P.2d 115 (Idaho 1986). · cites it 100× “The item recovered from the pawn shop was located after Major had been charged and after the district court had denied Major's motion to dismiss for lack of jurisdiction.”

Animal Legal Def. Fund v. Wasden, 878 F.3d 1184 (9th Cir. 2018). · cites it 12× “2d 800, 803 (Idaho 1989) (citation omitted); see also Idaho Code §§ 18-2403 (3), 18-7001(1). Idaho also criminalizes theft by false pretenses, which involves “a wrongful taking, obtaining or withholding of another’s property” by conduct constituting “obtaining property, money or…”

State v. Owen, 935 P.2d 183 (Idaho Ct. App. 1997). · cites it 48× “Idaho Code § 18-2403 (1) provides: Theft.”

State v. Jesse Jay Weeks, 370 P.3d 398 (Idaho Ct. App. 2016). · cites it 16× “The district court denied the motion and a subsequent motion for reconsideration, holding ICJI 547 was inconsistent with Idaho Code § 18-2403 (4). The district court denied the motions based on its determination that I.”

State v. Bennett, 246 P.3d 387 (Idaho 2010). · cites it 28× “Idaho Code § 18-2403 (1) states: "A person steals property and commits theft when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof.”

Van Orden v. Van Orden, 515 P.3d 233 (Idaho 2022). · cites it 16× “In addition to its ruling on the procedural validity of the PSA, the district court concluded that the PSA was illegal because it was obtained through extortion.”

State v. Hickman, 191 P.3d 1098 (Idaho 2008). · cites it 12× “The statutory scheme lists specific actions or circumstances that constitute grand theft; all other theft is petit theft. Id. It is grand theft if the property taken consists of a financial transaction card.”

Ewing v. California, 538 U.S. 11 (2003). · cites it 2× “Idaho Code §§ 18-2403 , 18-2407(b)(1), 18-2408(2)(a) (1948-1997).”

State v. Henninger, 945 P.2d 864 (Idaho Ct. App. 1997). · cites it 20× “We base our conclusion, in part, upon a provision elsewhere in Section 18-2403. In subsection (2)(d) defining theft by false promise (of which more will be said later in *642 this opinion), the legislature took care to provide that a fraudulent intent not to perform a promise at…”

State v. Huffman, 159 P.3d 838 (Idaho 2007). · cites it 2× “§ 18-1401, and grand theft, I.C. §§ 18-2403, 18-2407. He pled guilty to these charges, and on November 8, 2004, the district judge sentenced him to a unified term of ten years with six years fixed for the burglary concurrent with a unified fourteen year term with eight years…”

State v. Evans, 807 P.2d 62 (Idaho Ct. App. 1991). · cites it 14× “Evans requested the court to instruct the jury on the law, as set forth in I.C. § 18-2403, that a person commits theft by acquiring lost property when he: exercises control over property of another which he knows to have been lost or mislaid, or to have been delivered under a…”

State v. Decker, 701 P.2d 303 (Idaho Ct. App. 1985). · cites it 4× “Decker’s argument, in so far as it presumes that theft requires intent to deprive the owner of his property "permanently," fails to take account of the modern language of I.C. § 18-2403. Decker was prosecuted under the modern statute.”

Show all 542 citing cases →

— Idaho Code § 18-2403(1) — 184 cases

State v. Bennett, 246 P.3d 387 (Idaho 2010). “Idaho Code § 18-2403 (1) states: "A person steals property and commits theft when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof.”

State v. Hickman, 191 P.3d 1098 (Idaho 2008). “The statutory scheme lists specific actions or circumstances that constitute grand theft; all other theft is petit theft. Id. It is grand theft if the property taken consists of a financial transaction card.”

State v. Owen, 935 P.2d 183 (Idaho Ct. App. 1997). “Idaho Code § 18-2403 (1) provides: Theft.”

State v. Hoyle, 99 P.3d 1069 (Idaho 2004).

State v. Smith, 169 P.3d 275 (Idaho Ct. App. 2007).

— Idaho Code § 18-2403(1)(3) — 1 case

State v. Caldwell, 735 P.2d 1059 (Idaho Ct. App. 1987).

— Idaho Code § 18-2403(1)(F) — 1 case

State v. Engler (Idaho Ct. App. 2019).

— Idaho Code § 18-2403(1)(b) — 1 case

State v. Casey Richard Lee Roberts (Idaho Ct. App. 2012).

— Idaho Code § 18-2403(2) — 4 cases

State v. Owen, 935 P.2d 183 (Idaho Ct. App. 1997). “Idaho Code § 18-2403 (1) provides: Theft.”

State v. Whittle, 175 P.3d 211 (Idaho Ct. App. 2007).

State v. Curtis Allen Pennington (Idaho Ct. App. 2013).

State v. Raymond Lee Rutherford (Idaho Ct. App. 2014).

— Idaho Code § 18-2403(2)(a) — 11 cases

State v. Owen, 935 P.2d 183 (Idaho Ct. App. 1997). “Idaho Code § 18-2403 (1) provides: Theft.”

State v. Henninger, 945 P.2d 864 (Idaho Ct. App. 1997). “We base our conclusion, in part, upon a provision elsewhere in Section 18-2403. In subsection (2)(d) defining theft by false promise (of which more will be said later in *642 this opinion), the legislature took care to provide that a fraudulent intent not to perform a promise at…”

Schiermeier v. State, 521 P.3d 699 (Idaho 2022).

Cook v. State, 180 P.3d 521 (Idaho Ct. App. 2008).

State v. Bundy, 831 P.2d 953 (Idaho Ct. App. 1992).

— Idaho Code § 18-2403(2)(b) — 4 cases

State v. Cheeney, 160 P.3d 451 (Idaho Ct. App. 2007).

State v. Stricklin, 32 P.3d 158 (Idaho Ct. App. 2001).

State v. Hamilton, 935 P.2d 201 (Idaho Ct. App. 1997).

Perry v. Farm Bureau Mut. Ins. Co. of Idaho, 936 P.2d 1342 (Idaho Ct. App. 1997).

— Idaho Code § 18-2403(2)(c) — 2 cases

State v. Evans, 807 P.2d 62 (Idaho Ct. App. 1991). “Evans requested the court to instruct the jury on the law, as set forth in I.C. § 18-2403, that a person commits theft by acquiring lost property when he: exercises control over property of another which he knows to have been lost or mislaid, or to have been delivered under a…”

State v. Rodriguez-Gonzalez (Idaho Ct. App. 2019).

— Idaho Code § 18-2403(2)(d) — 5 cases

State v. Owen, 935 P.2d 183 (Idaho Ct. App. 1997). “Idaho Code § 18-2403 (1) provides: Theft.”

State v. Bianchi, 828 P.2d 329 (Idaho Ct. App. 1992).

State v. Tyler Jay Deal (Idaho Ct. App. 2016).

State v. Dix (Idaho Ct. App. 2019).

— Idaho Code § 18-2403(2)(e) — 4 cases

Quiring v. Quiring, 944 P.2d 695 (Idaho 1997).

Van Orden v. Van Orden, 515 P.3d 233 (Idaho 2022). “In addition to its ruling on the procedural validity of the PSA, the district court concluded that the PSA was illegal because it was obtained through extortion.”

State v. Patrick Segundo Oar, 388 P.3d 65 (Idaho Ct. App. 2016).

State v. Larry A. Taylor (Idaho Ct. App. 2015).

— Idaho Code § 18-2403(3) — 21 cases

Schiermeier v. State, 521 P.3d 699 (Idaho 2022).

State v. Toby Glenn Weatherly, 371 P.3d 815 (Idaho Ct. App. 2016).

State v. Thomas, 991 P.2d 870 (Idaho Ct. App. 1999).

State v. Griffith, 716 P.2d 1385 (Idaho Ct. App. 1986).

— Idaho Code § 18-2403(4) — 81 cases

State v. Major, 725 P.2d 115 (Idaho 1986). “The item recovered from the pawn shop was located after Major had been charged and after the district court had denied Major's motion to dismiss for lack of jurisdiction.”

State v. Jesse Jay Weeks, 370 P.3d 398 (Idaho Ct. App. 2016). “The district court denied the motion and a subsequent motion for reconsideration, holding ICJI 547 was inconsistent with Idaho Code § 18-2403 (4). The district court denied the motions based on its determination that I.”

State v. Darbin, 708 P.2d 921 (Idaho Ct. App. 1985).

State v. Weaver, 900 P.2d 196 (Idaho 1995).

State v. Seiber, 791 P.2d 18 (Idaho Ct. App. 1990).

— Idaho Code § 18-2403(4)(a) — 6 cases

State v. Sarbacher, 478 P.3d 300 (Idaho 2020).

State v. Dunlap, 848 P.2d 454 (Idaho Ct. App. 1993).

State v. Michael A. Debord (Idaho Ct. App. 2017).

State v. Heater (Idaho Ct. App. 2019).

State v. Jose Luis Zepeda AMENDED 9/8/2010 (Idaho Ct. App. 2010).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.