Idaho Code
Idaho Code § 18-2604 (2026)
Intimidating a witness.
✓ current as of May 2026
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Intimidating a witness.
(1) Any person who, by direct or indirect force, or by any threats to a person or property, or by any manner wilfully intimidates, influences, impedes, deters, threatens, harasses, obstructs or prevents a witness, including a child witness, or any person who may be called as a witness or any person he believes may be called as a witness in any civil proceeding from testifying freely, fully and truthfully in that civil proceeding is guilty of a misdemeanor.
(2) Any person who, by direct or indirect force, or by any threats to a person or property, or by any manner wilfully intimidates, threatens or harasses any person because such person has testified or because he believes that such person has testified in any civil proceedings is guilty of a misdemeanor.
(3) Any person who, by direct or indirect force, or by any threats to person or property, or by any manner wilfully intimidates, influences, impedes, deters, threatens, harasses, obstructs or prevents, a witness, including a child witness, or any person who may be called as a witness or any person he believes may be called as a witness in any criminal proceeding or juvenile evidentiary hearing from testifying freely, fully and truthfully in that criminal proceeding or juvenile evidentiary hearing is guilty of a felony.
(4) Any person who, by direct or indirect force, or by any threats to a person or property, or by any manner wilfully intimidates, threatens or harasses any person because such person has testified or because he believes that such person has testified in any criminal proceeding or juvenile evidentiary hearing is guilty of a felony.
(5) The fact that a person was not actually prevented from testifying shall not be a defense to a charge brought under subsection (1), (2), (3) or (4) of this section.
Notes of Decisions
Cited in 67
cases (14 in the last 5 years), 1985–2026 · leading case: State v. Mercer, 138 P.3d 308 (Idaho 2006).
State v. Mercer, 138 P.3d 308 (Idaho 2006). “Based on the statements made in the call, the State charged Mercer with intimidating a witness in a criminal proceeding under Idaho Code § 18-2604 (3). The case went to a jury trial and after the State rested, Mercer moved for an acquittal pursuant to I.”
State v. Mercer, 138 P.3d 323 (Idaho Ct. App. 2005). “Idaho Code § 18-2604 Mercer argues that the district court erred in denying his motion for acquittal because I.”
State v. Baer, 973 P.2d 768 (Idaho Ct. App. 1999). “Timothy Paul Baer appeals from the judgments of conviction entered after a jury found Baer guilty of attempting to intimidate a witness, I.C. §§ 18-2604, -306, and intimidation of a witness, I.”
State v. Anderson, 170 P.3d 886 (Idaho 2007). “Idaho Code § 18-2604 (3), the statute under which Anderson was charged, states that: Any person who, by direct or indirect force, or by any threats to person or property, or by any manner wilfully intimidates, influences, impedes, deters, threatens, harasses, obstructs or…”
State v. David Loren Curry, 283 P.3d 141 (Idaho Ct. App. 2012). “5 Idaho Code § 18-2604 (3) criminalizes a defendant’s intimidation of a witness who may testify in the future.”
State v. Beard, 22 P.3d 116 (Idaho Ct. App. 2001). “§ 18-3106(b); intimidating a witness, I.C. § 18-2604(2); six counts of failing to register securities offered for sale, I.”
State v. Sutton, 254 P.3d 62 (Idaho Ct. App. 2011). “Sutton, II (Sutton) appeals his judgment of conviction, upon jury verdict, for intimidating a witness, Idaho Code § 18-2604 . Sutton claims the jury instructions regarding the elements of the offense were defective and require vacating the conviction.”
State v. Vasquez, 416 P.3d 108 (Idaho 2018). “BEVAN, Justice Ida Perez Vasquez ("Vasquez") appeals from a judgment of conviction following a trial by the court where she was found guilty of one count of intimidating a witness, in violation of Idaho Code section 18-2604(3). Vasquez argues that she was deprived of her state…”
State v. Peteja, 83 P.3d 781 (Idaho Ct. App. 2003). “statement of purpose for the 1983 amendment reflects the legislature’s intent to make the classification of the destruction of evidence offense conform to the classification of the offense for which the defendant attempted to evade liability by way of that destruction, just as…”
Ronald Eddington v. State, 405 P.3d 597 (Idaho Ct. App. 2017). “Soon after Eddington was charged, his mother was charged with witness intimidation, I.C. § 18-2604. The charge stemmed from a letter Eddington’s mother wrote to her ex-daughter-in-law about Eddington’s charges.”
State v. Cesar A. Sepulveda, 383 P.3d 1249 (Idaho 2016). “§ 18-920 (listing the statutory elements for “Violation of no contact order”), with I.C. § 18-2604 (providing the statutory elements for "Intimidating a witness”).”
State v. Jerry Lee McClain, 302 P.3d 367 (Idaho Ct. App. 2012). “§ 18-920, and intimidating a witness, I.C. § 18-2604, based on allegations that after a no contact order had been issued, he repeatedly called his wife from jail and asked her to change her story.”
— Idaho Code § 18-2604(2) — 1 case
State v. Beard, 22 P.3d 116 (Idaho Ct. App. 2001). “§ 18-3106(b); intimidating a witness, I.C. § 18-2604(2); six counts of failing to register securities offered for sale, I.”
— Idaho Code § 18-2604(3) — 17 cases
State v. Mercer, 138 P.3d 308 (Idaho 2006). “Based on the statements made in the call, the State charged Mercer with intimidating a witness in a criminal proceeding under Idaho Code § 18-2604 (3). The case went to a jury trial and after the State rested, Mercer moved for an acquittal pursuant to I.”
State v. Mercer, 138 P.3d 323 (Idaho Ct. App. 2005). “Idaho Code § 18-2604 Mercer argues that the district court erred in denying his motion for acquittal because I.”
State v. Anderson, 170 P.3d 886 (Idaho 2007). “Idaho Code § 18-2604 (3), the statute under which Anderson was charged, states that: Any person who, by direct or indirect force, or by any threats to person or property, or by any manner wilfully intimidates, influences, impedes, deters, threatens, harasses, obstructs or…”
State v. Vasquez, 416 P.3d 108 (Idaho 2018). “BEVAN, Justice Ida Perez Vasquez ("Vasquez") appeals from a judgment of conviction following a trial by the court where she was found guilty of one count of intimidating a witness, in violation of Idaho Code section 18-2604(3). Vasquez argues that she was deprived of her state…”
State v. Sutton, 254 P.3d 62 (Idaho Ct. App. 2011). “Sutton, II (Sutton) appeals his judgment of conviction, upon jury verdict, for intimidating a witness, Idaho Code § 18-2604 . Sutton claims the jury instructions regarding the elements of the offense were defective and require vacating the conviction.”
— Idaho Code § 18-2604(4) — 2 cases
State v. Baer, 973 P.2d 768 (Idaho Ct. App. 1999). “Timothy Paul Baer appeals from the judgments of conviction entered after a jury found Baer guilty of attempting to intimidate a witness, I.C. §§ 18-2604, -306, and intimidation of a witness, I.”
State v. Mercer, 138 P.3d 323 (Idaho Ct. App. 2005). “Idaho Code § 18-2604 Mercer argues that the district court erred in denying his motion for acquittal because I.”
— Idaho Code § 18-2604(5) — 2 cases
State v. David Loren Curry, 283 P.3d 141 (Idaho Ct. App. 2012). “5 Idaho Code § 18-2604 (3) criminalizes a defendant’s intimidation of a witness who may testify in the future.”
State v. Mercer, 138 P.3d 323 (Idaho Ct. App. 2005). “Idaho Code § 18-2604 Mercer argues that the district court erred in denying his motion for acquittal because I.”
— Idaho Code § 18-2604(c) — 1 case
State v. Levi Wesley Cole (Idaho Ct. App. 2017).
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