Idaho Code
Idaho Code § 18-2409 (2026)
Pleading and proof.
✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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Pleading and proof.
(1) Where it is an element of the crime charged that property was taken from the person or obtained by extortion, an indictment, complaint or information for theft must so specify. In all other cases, an indictment, information or complaint for theft is sufficient if it alleges that the defendant stole property of the nature or value required for the commission of the crime charged without designating the particular way or manner in which such property was stolen or the particular theory of theft involved.
(2) Proof that the defendant engaged in any conduct constituting theft as defined in section 18-2403, Idaho Code, is sufficient to support any indictment, information or complaint for theft other than one charging theft by extortion. An indictment, complaint or information charging theft by extortion must be supported by proof establishing theft by extortion.
Notes of Decisions
Cited in 4
cases, 1987–2016 · leading case: State v. Owen, 935 P.2d 183 (Idaho Ct. App. 1997).
State v. Owen, 935 P.2d 183 (Idaho Ct. App. 1997). “The state argues that I.C. § 18-2409 relieves the charging party from specifying which “method” or “way” the accused committed the alleged theft under I.”
State v. Henderson, 744 P.2d 795 (Idaho Ct. App. 1987). “See I.C. § 18-2409. The parts of I.C. § 18-2403 which might apply in this case and which show the requisite intent are: (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…”
State v. Ana Giselle Herreman-Garcia, 377 P.3d 1105 (Idaho Ct. App. 2016). “Citing I.C. § 18-2409(1), the State argued the information regarding- Herreman-Garcia was sufficient because it alleged Herreman-Garcia took property of the value required for the commission of the crime charged, and the State was not required to designate the particular way or…”
State v. Ana Giselle Herreman-Garcia, No. 42941 (Idaho Ct. App. June 23, 2016). “[A]n indictment, information or complaint for theft is sufficient if it alleges that the defendant stole property of the nature or value required for the commission of the crime charged without designating the particular way or manner in which such property was stolen or the…”
Idaho Code § 18-2409(1): 3 cases
State v. Owen, 935 P.2d 183 (Idaho Ct. App. 1997). “The state argues that I.C. § 18-2409 relieves the charging party from specifying which “method” or “way” the accused committed the alleged theft under I.”
State v. Ana Giselle Herreman-Garcia, 377 P.3d 1105 (Idaho Ct. App. 2016). “Citing I.C. § 18-2409(1), the State argued the information regarding- Herreman-Garcia was sufficient because it alleged Herreman-Garcia took property of the value required for the commission of the crime charged, and the State was not required to designate the particular way or…”
State v. Ana Giselle Herreman-Garcia, No. 42941 (Idaho Ct. App. June 23, 2016). “[A]n indictment, information or complaint for theft is sufficient if it alleges that the defendant stole property of the nature or value required for the commission of the crime charged without designating the particular way or manner in which such property was stolen or the…”
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