Idaho Code
Idaho Code

Idaho Code § 18-6104 (2026)

Punishment for rape. 

✓ current as of May 2026
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Punishment for rape. 

Rape is punishable by imprisonment in the state prison not less than one (1) year, and the imprisonment may be extended to life in the discretion of the District Judge, who shall pass sentence.

Notes of Decisions
Cited in 49 cases (2 in the last 5 years), 1951–2023 · leading case: State v. Thompson, 614 P.2d 970 (Idaho 1980).
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State v. Thompson, 614 P.2d 970 (Idaho 1980). · cites it 4× “§ 18-907; and for the offense of `attempt to commit rape' is one-half of the punishment for the crime of rape, which by statute is fixed at imprisonment for a term of one year to life, I.C. § 18-6104, § 18-306. While a sentence of one-half of a life sentence cannot be…”
State v. LaMere, 655 P.2d 46 (Idaho 1982). · cites it 4× “I.C. § 18-6104 sets the minimum punishment for conviction of rape as imprisonment in the state penitentiary for not less than one year, and the maximum as imprisonment for life, at the court's discretion.”
State v. Joslin, 175 P.3d 764 (Idaho 2007). · cites it 4× “Actually, it is Idaho Code § 18-6104 which establishes the possible sentence for rape.”
Hays v. State, 747 P.2d 758 (Idaho Ct. App. 1987). · cites it 4× “§ 18-4014; rape, I.C. § 18-6104; forcible sexual penetration, I.”
State v. Martinez, 723 P.2d 825 (Idaho 1986). · cites it 4× “t fixed life sentences may be given for the following crimes: Lewd conduct with minor or child under sixteen, Idaho Code § 18-1508 ; First Degree murder, Idaho Code § 18-4004 ; Administering poison with intent to kill, Idaho Code § 18-4014 ; First degree kidnapping, Idaho Code §…”
State v. Gilman, 673 P.2d 1085 (Idaho Ct. App. 1983). · cites it 4× “Idaho Code § 18-6104 , unlike § 18-6607, ' contains a provision that imprisonment shall be “not less than one (1) year.”
State v. Faught, 908 P.2d 566 (Idaho 1995). · cites it 4× “” I.C. § 18-6104. Faught’s sentence is within the statutory parameters.”
Storseth v. State, 236 P.2d 1004 (Idaho 1951). · cites it 6× “” § 18-6104, I.C. The petitioner was received at the state penitentiary on January 1, 1950.”
Holmes v. State, 658 P.2d 983 (Idaho Ct. App. 1983). · cites it 2× “Idaho Code § 18-6104 provides for imprisonment of one year to life for the crime of rape.”
State v. Hall, 397 P.2d 261 (Idaho 1964). · cites it 4× “§ 18-907; and for the offense of "attempt to commit rape" is one-half of the punishment for the crime of rape, which by statute is fixed at imprisonment for a term of one year to life, I.”
Walter D. Balla v. Idaho State Bd. of Corr., Walter D. Balla v. Idaho State Bd. of Corr., 869 F.2d 461 (9th Cir. 1989). “…under these statutes. This argument lacks merit. The specific crimes listed in section 20-223(b) are: rape, Idaho Code § 18-6104 ; incest, Idaho Code § 18-6602 ; committing a lewd act upon a child, Idaho Code §§ 18-1506 & 18-1508; crime against nature, Idaho Code §…”
State v. Yanez, 716 A.2d 759 (R.I. 1998). · cites it 2× “2d 220 (1990) (oneyear minimum and court may consider mitigating factors); Idaho Code § 18-6104 (1997); Iowa: State v.”
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