Idaho Code
Idaho Code § 18-2408 (2026)
Punishment for theft.
✓ current as of May 2026
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Punishment for theft.
(1) Grand theft committed in a manner prescribed in subsection (1)(a) of section 18-2407, Idaho Code, is a felony punishable by fine not exceeding ten thousand dollars ($10,000) or imprisonment in the state prison for not less than one (1) year nor more than twenty (20) years, or by both such fine and imprisonment.
(2) (a) Grand theft committed in a manner prescribed in subsection (1)(b)1., 2., 3., 4., 5., 6., 8., 9. or 10. of section 18-2407, Idaho Code, or a felony committed in a manner prescribed in section 18-2415, Idaho Code, is a felony punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in the state prison for not less than one (1) year nor more than fourteen (14) years, or by both such fine and imprisonment.
(b) Grand theft committed in a manner prescribed in subsection (1)(b)7. of section 18-2407, Idaho Code, is a felony punishable by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), and the minimum fine shall not be suspended or withheld, or by imprisonment in the state prison for not less than one (1) year nor more than fourteen (14) years, or by both such fine and imprisonment. In addition, the court shall assess civil damages as provided in section 25-1910, Idaho Code.
(3) Petit theft is a misdemeanor punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding one (1) year or by both.
Notes of Decisions
Cited in 54
cases (1 in the last 5 years), 1984–2026 · leading case: State v. Darbin, 708 P.2d 921 (Idaho Ct. App. 1985).
State v. Darbin, 708 P.2d 921 (Idaho Ct. App. 1985). “After the preliminary hearing, an information was prepared on April 1, 1983, citing the charge as "GRAND THEFT BY RECEIVING STOLEN PROPERTY FELONY Idaho Code Section 18-2408 18-2403(4)." The information was worded substantially the same as the complaint except for the value…”
State v. Sanchez, 769 P.2d 1148 (Idaho Ct. App. 1989). “I.C. § 18-2408. Sanchez was convicted after being arrested for entering two private residences and stealing jewelry.”
State v. Major, 725 P.2d 115 (Idaho 1986). “" I.C. § 18-2408(2)(a). In light of (1) the canon of construction directing that I.”
Gonzales v. State, 819 P.2d 1159 (Idaho Ct. App. 1991). “See I.C. § 18-2408(2). Essentially, his argument is that his sentence is too long.”
State v. Bybee, 768 P.2d 804 (Idaho Ct. App. 1989). “At sentencing, and in his Rule 35 motion, Bybee requested leniency in light of his age, his need to be with his wife and his desire for probation so he could earn money to pay restitution. These arguments are not sufficient to show that the sentence was excessive under the…”
State v. Seiber, 791 P.2d 18 (Idaho Ct. App. 1990). “I.C. § 18-2408(2). The judgment of conviction and the order denying Seiber's motion for reduction of sentence are affirmed.”
State v. Griffith, 716 P.2d 1385 (Idaho Ct. App. 1986). “See I.C. § 18-2408(2)(a) (prescribing maximum penalty of fourteen years’ imprisonment for each offense).”
State v. Rodriguez, 811 P.2d 505 (Idaho Ct. App. 1991). “The court sentenced him to an indeterminate five-year term, I.C. § 18-2408, and gave him credit for the twenty-seven days he served prior to being released on bond.”
Quiring v. Quiring, 944 P.2d 695 (Idaho 1997). “Obtaining the transfer of property by a threat of arrest or exposure to hatred, contempt or ridicule is theft by extortion and violates I.C. § 18-2408: A person obtains property by extortion when he compels or induces another person to deliver such property to himself or to a…”
Arredondo v. Holder, 623 F.3d 1317 (9th Cir. 2010). “Petitioner challenges the BIA’s conclusion that he was statutorily ineligible for cancellation of removal because of his 1997 conviction for petty theft under Idaho Code Ann. § 18-2408 (3). The IJ had grounded his denial of cancellation of removal on a completely different…”
State v. Moore, 932 P.2d 899 (Idaho Ct. App. 1996). “Section 18-2408, grand theft is a felony.”
State v. Sutton, 679 P.2d 680 (Idaho Ct. App. 1984). “§ 18-1403 (maximum of fifteen years for first degree burglary); I.C. § 18-2408 (maximum of fourteen years plus $5000 fine for grand theft).”
— Idaho Code § 18-2408(1) — 2 cases
State v. Owen, 935 P.2d 183 (Idaho Ct. App. 1997).
State v. Haggard, 190 P.3d 193 (Idaho Ct. App. 2008).
— Idaho Code § 18-2408(2) — 8 cases
Gonzales v. State, 819 P.2d 1159 (Idaho Ct. App. 1991). “See I.C. § 18-2408(2). Essentially, his argument is that his sentence is too long.”
State v. Bybee, 768 P.2d 804 (Idaho Ct. App. 1989). “At sentencing, and in his Rule 35 motion, Bybee requested leniency in light of his age, his need to be with his wife and his desire for probation so he could earn money to pay restitution. These arguments are not sufficient to show that the sentence was excessive under the…”
State v. Seiber, 791 P.2d 18 (Idaho Ct. App. 1990). “I.C. § 18-2408(2). The judgment of conviction and the order denying Seiber's motion for reduction of sentence are affirmed.”
State v. Hawkins, 769 P.2d 596 (Idaho Ct. App. 1989).
State v. Hall, 761 P.2d 1239 (Idaho Ct. App. 1988).
— Idaho Code § 18-2408(2)(a) — 15 cases
State v. Major, 725 P.2d 115 (Idaho 1986). “" I.C. § 18-2408(2)(a). In light of (1) the canon of construction directing that I.”
State v. Griffith, 716 P.2d 1385 (Idaho Ct. App. 1986). “See I.C. § 18-2408(2)(a) (prescribing maximum penalty of fourteen years’ imprisonment for each offense).”
Stone v. State, 702 P.2d 860 (Idaho Ct. App. 1985).
State v. Schiermeier, 447 P.3d 895 (Idaho 2019).
State v. Findeisen, 811 P.2d 513 (Idaho Ct. App. 1991).
— Idaho Code § 18-2408(2)(b) — 1 case
State v. Johnson, 791 P.2d 31 (Idaho Ct. App. 1990).
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