Idaho Code
Idaho Code

Idaho Code § 18-306 (2026)

Punishment for attempts. 

✓ current as of May 2026
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Punishment for attempts. 

Every person who attempts to commit any crime, but fails, or is prevented or intercepted in the perpetration thereof, is punishable, where no provision is made by law for the punishment of such attempts, as follows:

(1)  If the offense so attempted is punishable by imprisonment in the state prison for life, or by death, the person guilty of such attempt is punishable by imprisonment in the state prison for a term not exceeding fifteen (15) years.
(2)  If the offense so attempted is punishable by imprisonment in the state prison for five (5) years or more but for less than life imprisonment, or by imprisonment in the county jail, the person guilty of such attempt is punishable by imprisonment in the state prison, or in the county jail, as the case may be, for a term not exceeding one-half (1/2) the longest term of imprisonment prescribed upon a conviction of the offense so attempted.
(3)  If the offense so attempted is punishable by imprisonment in the state prison for any term less than five (5) years, the person guilty of such attempt is punishable by imprisonment in the county jail for not more than one (1) year.
(4)  If the offense so attempted is punishable by a fine, the offender convicted of such attempt is punishable by a fine not exceeding one-half (1/2) the largest fine which may be imposed upon a conviction of the offense so attempted.
(5)  If the offense so attempted is punishable by imprisonment and by a fine, the offender convicted of such attempt may be punished by both imprisonment and fine, not exceeding one-half (1/2) the longest term of imprisonment and one-half (1/2) the largest fine which may be imposed upon a conviction for the offense so attempted.
Notes of Decisions
Cited in 56 cases (3 in the last 5 years), 1955–2023 · leading case: State v. Otto, 629 P.2d 646 (Idaho 1981).
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State v. Otto, 629 P.2d 646 (Idaho 1981). · cites it 48× “" However, we are not involved here with how the appellant's actions relate to the crime of solicitation (if, indeed, there is such a crime in Idaho), but rather the question to be asked is whether the appellant's conduct amounted to an attempt within the meaning of I.C. §…”
State v. Thompson, 614 P.2d 970 (Idaho 1980). · cites it 10× “ATTEMPTED ROBBERY, I.C. § 18-306, 18-6501. That the said defendant, on or about the 22nd day of October, 1977, in the County of Bingham, State of Idaho, did, by means of force and fear, attempt to take from the possession of [the victim] certain personal property, to-wit: money,…”
State v. Cotton, 602 P.2d 71 (Idaho 1979). · cites it 7× “The jury rendered a verdict of guilty on all four counts and judgment of conviction was entered. Cotton was sentenced to an indeterminate sentence not to exceed fifteen years on the robbery charge and five years on each of the other charges, to run concurrently with the robbery…”
State v. Reinke, 653 P.2d 1183 (Idaho Ct. App. 1982). · cites it 4× “A juvenile petition alleged that sixteen-year-old Leonard Reinke attempted to commit a robbery on August 10, 1981, in violation of I.C. §§ 18-306, 18-6501. Due to Reinke’s prior juvenile record, the magistrate found that Reinke was not amenable to further treatment in the…”
Fenstermaker v. State, 912 P.2d 653 (Idaho Ct. App. 1995). · cites it 27× “Idaho Code § 18-306 provides: Every person who attempts to commit any crime, but fails, or is prevented or intercepted in the perpetration thereof, is punishable, where no provision is made by law for the punishment of such attempts, as follows: .”
State v. Wood, 876 P.2d 1352 (Idaho 1994). · cites it 12× “I.C. § 18-306. The longest term of imprisonment prescribed upon conviction of first-degree murder is life imprisonment.”
State v. Curtiss, 65 P.3d 207 (Idaho Ct. App. 2002). · cites it 14× “I.C. §§ 18-306, 18-1508. Curtiss filed a motion to dismiss the charge.”
State v. Gibson, 681 P.2d 1 (Idaho Ct. App. 1984). · cites it 12× “See I.C. § 18-306. In this section of our opinion we identify the elements of attempted subornation, and we weigh them against the record before us.”
State v. Pratt, 873 P.2d 800 (Idaho 1993). · cites it 4× “Harvey Officer -905, and -915 Thompson XVI Attempted First Degree Murder I.C. §§ 18-306, Mark A. Palanuik -4001, -4002, and -4003(a)(d) XVII " " Dep.”
State v. Beebe, 181 P.3d 496 (Idaho Ct. App. 2007). · cites it 4× “One who attempts to commit a crime, but fails or is prevented or intercepted in the effort, is subject to punishment for the attempt, I.C. § 18-306. The mental element required for robbery is a component of the elements required to sustain a conviction for attempted robbery.”
State v. Watts, 963 P.2d 1219 (Idaho Ct. App. 1998). · cites it 6× “At the time of trial, the charges against Watts were two counts of “aggravated battery on a law officer,” I.C. §§ 18-306, -903, -907 and -915; one count of “aggravated assault on a law officer,” I.”
State v. Glass, 87 P.3d 302 (Idaho Ct. App. 2003). · cites it 6× “Glass was charged by indictment with attempted lewd conduct with a minor under sixteen, Idaho Code §§ 18-306 ; 18-1508. He filed a motion to dismiss the charge, contending that (1) it was legally impossible to commit the crime of attempted lewd conduct with a minor because there…”
Show all 56 citing cases →
— Idaho Code § 18-306(1) — 2 cases
Fenstermaker v. State, 912 P.2d 653 (Idaho Ct. App. 1995). “Idaho Code § 18-306 provides: Every person who attempts to commit any crime, but fails, or is prevented or intercepted in the perpetration thereof, is punishable, where no provision is made by law for the punishment of such attempts, as follows: .”
State v. Connor, 812 P.2d 310 (Idaho Ct. App. 1991).
— Idaho Code § 18-306(2) — 2 cases
State v. Matt Eugene Ruck, 314 P.3d 157 (Idaho 2013).
State v. Larry A. Taylor (Idaho Ct. App. 2015).
— Idaho Code § 18-306(3) — 1 case
State v. Summers, 266 P.3d 510 (Idaho Ct. App. 2011).
— Idaho Code § 18-306(4) — 2 cases
State v. Paramore, 804 P.2d 1366 (Idaho Ct. App. 1991).
State v. Lawrence J. Crow (Idaho Ct. App. 2013).
— Idaho Code § 18-306(5) — 1 case
State v. Summers, 266 P.3d 510 (Idaho Ct. App. 2011).
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