Idaho Code
Idaho Code

Idaho Code § 18-6709 (2026)

Recovery of civil damages authorized. 

✓ current as of May 2026
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Recovery of civil damages authorized. 

Any person whose wire, electronic or oral communication is intercepted, disclosed, or used in violation of this chapter shall have a civil cause of action against any person who intercepts, discloses, uses, or procures any other person to intercept, disclose, or use such communications, and shall be entitled to recover from any such person:

(a)  Actual damages, but not less than liquidated damages computed at the rate of one hundred dollars ($100) a day for each day of violation or one thousand dollars ($1,000), whichever is higher;
(b)  Punitive damages; and
(c)  A reasonable attorney’s fee and other litigation costs reasonably incurred.
A good faith reliance on a court order shall constitute a complete defense to any civil or criminal action under the laws of this state.
Notes of Decisions
Cited in 2 cases, 1996–1998 · leading case: Hoskins v. Howard, 971 P.2d 1135 (Idaho 1998).
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Hoskins v. Howard, 971 P.2d 1135 (Idaho 1998). · cites it 6× “I.C. § 18-6709. Those violating the provisions of the ICSA also face criminal sanctions, and no evidence obtained in violation of the Act is admissible in a court of law.”
Knudsen v. Agee, 918 P.2d 1221 (Idaho 1996). · cites it 4× “The Idaho Legislature has not amended I.C. § 18-6709 since its enactment. Given the secretive nature of wiretapping and the fact of this legislative action, this Court is urged to find that a discovery exception to I.”
— Idaho Code § 18-6709(a) — 1 case
Knudsen v. Agee, 918 P.2d 1221 (Idaho 1996). “The Idaho Legislature has not amended I.C. § 18-6709 since its enactment. Given the secretive nature of wiretapping and the fact of this legislative action, this Court is urged to find that a discovery exception to I.”
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