Idaho Code
Idaho Code

Idaho Code § 18-6402 (2026)

Riot — Felony — Misdemeanor — Punishment. 

✓ current as of May 2026
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Riot — Felony — Misdemeanor — Punishment. 

(1) A riot is a felony if:

(a)  It occurs on or about the state penitentiary, a county or city jail, or any other penal facility in this state, or it involves the taking of one or more hostages. Violation of the provisions of this subsection is punishable by imprisonment in the state penitentiary for not less than five (5) years, no more than twenty (20) years or a fine not to exceed twenty-five thousand dollars ($25,000), or both such fine and imprisonment.
(b)  The destruction or damage to public or private property exceeds five hundred dollars ($500). Violation of the provisions of this subsection is punishable by imprisonment in the state penitentiary for not more than five (5) years or a fine not to exceed ten thousand dollars ($10,000), or both such fine and imprisonment.
(2)  A riot is a misdemeanor in all other circumstances punishable by imprisonment in the city or county jail for not more than one (1) year and a fine not to exceed five thousand dollars ($5,000).
Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2024–2024 · leading case: State v. Rodriguez, 559 P.3d 1199 (Idaho 2024).
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State v. Rodriguez, 559 P.3d 1199 (Idaho 2024). · cites it 16× “I.C. § 18-6402. The statute makes no distinction based upon the specific actions of any rioter, or based upon any result.”
State v. Rodriguez, 559 P.3d 1199 (Idaho 2024). · cites it 16× “I.C. § 18-6402. The statute makes no distinction based upon the specific actions of any rioter, or based upon any result.”
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