Idaho Code
Idaho Code § 18-5701 (2026)
Misuse of public moneys by public officers and public employees.
✓ current as of May 2026
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Misuse of public moneys by public officers and public employees.
No public officer or public employee shall:
(1) Without authority of law, appropriate public moneys or any portion thereof to his own use, or to the use of another; or
(2) Loan public moneys or any portion thereof; or, having the possession or control of any public moneys, make a profit, directly or indirectly out of public moneys, or use public moneys for any purpose not authorized by law; or
(3) Fail to keep public moneys in his possession until disbursed or paid out by authority of law when legally required to do so; or
(4) Deposit public moneys or any portion thereof in any bank, or with any banker or other person, otherwise than on special deposit, or as otherwise authorized by law; or
(5) Change or convert public moneys or any portion thereof from coin into currency, or from currency into coin or other currency, without authority of law; or
(6) Knowingly keep any false account, or make any false entry or erasure in any account of or relating to public moneys; or fraudulently alter, falsify, conceal, destroy or obliterate any such account; or
(7) Willfully refuse or omit to pay over, on demand, any public moneys in his hands, upon the presentation of a draft, order or warrant drawn upon such public moneys by competent authority; or
(8) Willfully omit to transfer public moneys when such transfer is required by law; or
(9) Willfully omit or refuse to pay over to any public officer, employee or person authorized by law to receive the same, any public moneys received by him under any duty imposed by law so to pay over the same; or
(10) Knowingly use any public moneys, or financial transaction card, financial transaction card account number or credit account issued to or for the benefit of any governmental entity to make any purchase, loan, guarantee or advance of moneys for any personal purpose or for any purpose other than for the use or benefit of the governmental entity.
Notes of Decisions
Cited in 7
cases (2 in the last 5 years), 1962–2022 · leading case: State v. Blair Olsen, 386 P.3d 908 (Idaho 2016).
State v. Blair Olsen, 386 P.3d 908 (Idaho 2016). “” However, section 18-5702 permits the State to aggregate in one count “any series of violations of section 18-5701, Idaho Code, comprised of separate incidents of misuse of public moneys in amounts less than three hundred dollars ($300) [that] are part of a common scheme or…”
State v. Nunez, 981 P.2d 738 (Idaho 1999). “In Nunez’ case, the jury was instructed that it had to find beyond a reasonable doubt that sometime between 1990 and 1995 Nunez had either appropriated money to his own use or failed to keep money in his possession until paid out as authorized by law.”
State v. Bell, 370 P.2d 508 (Idaho 1962). “The offense charged is defined in I.C. § 18-5701, as follows: “Each officer of this state, or of any county, city, town or district of this state, and every other person charged with the receipt, safe keeping, transfer or disbursement of public moneys, who either: ****** “9.”
State v. Schiermeier, 447 P.3d 895 (Idaho 2019). “See I.C. § 18-5701. 3 Accepting Schiermeier's exclusivity argument would also mean accepting that Schiermeier would be authorized to purchase a $10,000 Rolex watch with the DARE/PAL funds provided that he used the watch at least once during a DARE/PAL activity, such as to keep…”
Schiermeier v. State, 521 P.3d 699 (Idaho 2022). “See I.C. § 18-5701. 2 now represents him in these post-conviction proceedings, unsuccessfully advanced several novel legal theories throughout the trial.”
State v. Pruett, 139 P.3d 753 (Idaho Ct. App. 2006). “In this case, the State appeals a district court order dismissing charges of misuse of public money, a violation of Idaho Code § 18-5701 , that had been filed against James D.”
Schiermeier v. State (Idaho 2022). “See I.C. § 18-5701. 2 now represents him in these post-conviction proceedings, unsuccessfully advanced several novel legal theories throughout the trial.”
— Idaho Code § 18-5701(10) — 1 case
State v. Blair Olsen, 386 P.3d 908 (Idaho 2016). “” However, section 18-5702 permits the State to aggregate in one count “any series of violations of section 18-5701, Idaho Code, comprised of separate incidents of misuse of public moneys in amounts less than three hundred dollars ($300) [that] are part of a common scheme or…”
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