Idaho Code
Idaho Code

Idaho Code § 18-2405 (2026)

Proof of fraudulent intent in procuring food, lodging or other accommodations. 

✓ current as of May 2026
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Proof of fraudulent intent in procuring food, lodging or other accommodations. 

Proof that lodging, food or other accommodation was obtained by any deception or false pretense, or by any false or fictitious show or pretense of any baggage or other property, or that any person absconded without paying or offering to pay for such food, lodging or other accommodation, or that any such person surreptitiously removed, or attempted to remove, his or her baggage, shall be prima facie proof of the intent necessary for the theft of the same.

Notes of Decisions
Cited in 5 cases, 1969–2016 · leading case: Melene James v. City of Boise, 376 P.3d 33 (Idaho 2016).
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Melene James v. City of Boise, 376 P.3d 33 (Idaho 2016). · cites it 4× “I.C. § 18-2405 (1948). 23 appealing to, or gratifying the lust or passions or sexual desires of such person or of such minor or child.”
State v. Stiffler, 788 P.2d 220 (Idaho 1990). · cites it 4× “In reversing the conviction this Court said: The crime of embezzlement by a servant as defined in I.C. § 18-2405 consists of the criminal act which is the fraudulent appropriation by a servant of property of another which has come into his control or care by virtue of his…”
State v. Gowin, 554 P.2d 944 (Idaho 1976). · cites it 4× “Paul Gowin was charged by an information with violation of I.C. § 18-2405, embezzlement by a servant, of tools and equipment having a value of more than $150.”
State v. Compton, 450 P.2d 79 (Idaho 1969). · cites it 8× “The state apparently, though not specifically, elected to charge defendant under the particular statute, I.C. § 18-2405: "Every clerk, agent or servant of any person who fraudulently appropriates to his own use, or secretes with a fraudulent intent to appropriate to his own use,…”
Melene James v. City of Boise, 351 P.3d 1171 (Idaho 2015). · cites it 4× “I.C. § 18-2405 (1948). 23 appealing to, or gratifying the lust or passions or sexual desires of such person or of such minor or child.”
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