Idaho Code
Idaho Code

Idaho Code § 18-7001 (2026)

Malicious injury to property. 

✓ current as of May 2026
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Malicious injury to property. 

(1) Except as otherwise provided in subsection (2) of this section, every person who maliciously injures or destroys any real or personal property not his own, or any jointly owned property without permission of the joint owner, or any property belonging to the community of the person’s marriage, in cases otherwise than such as are specified in this code, is guilty of a misdemeanor and shall be punishable by imprisonment in the county jail for up to one (1) year or a fine of not more than one thousand dollars ($1,000), or both.

(2)  A person is guilty of a felony, and shall be punishable by imprisonment in the state prison for not less than one (1) year nor more than five (5) years, and may be fined not more than one thousand dollars ($1,000), or by both such fine and imprisonment, if:
(a)  The damages caused by a violation of this section exceed one thousand dollars ($1,000) in value; or
(b)  Any series of individual violations of this section are part of a common scheme or plan and are aggregated in one (1) count, and the damages from such violations when considered together exceed one thousand dollars ($1,000) in value.
Notes of Decisions
Cited in 72 cases (15 in the last 5 years), 1971–2026 · leading case: State v. Nastoff, 862 P.2d 1089 (Idaho Ct. App. 1993).
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State v. Nastoff, 862 P.2d 1089 (Idaho Ct. App. 1993). · cites it 36× “By this appeal we are called upon to determine the state of mind or “mens rea" necessary to establish criminal culpability for malicious injury to property under I.C. § 18-7001. James P. Nastoff appeals from an order withholding judgment upon a jury’s verdict finding him guilty…”
State v. Nunes, 958 P.2d 34 (Idaho Ct. App. 1998). · cites it 38× “Idaho Code § 18-7001 defines the offense of malicious injury to property as follows: Every person who maliciously injures or destroys any real or personal property not his own, in cases otherwise than such as are specified in this code, is guilty of a misdemeanor, unless the…”
State v. Hughes, 946 P.2d 1338 (Idaho Ct. App. 1997). · cites it 20× “On appeal, Hughes asserts that the district court erred in allowing the State to impeach its own photographic evidence and in denying Hughes's motion for a judgment of acquittal at the close of the State's case because there was insufficient evidence to identify him as the…”
State v. Doe, 172 P.3d 1094 (Idaho 2007). · cites it 10× “This is an appeal from a finding that a juvenile was within the purview of the Juvenile Corrections Act because he engaged in conduct that would, if he had been an adult, have constituted the crime of malicious injury to property in violation of Idaho Code § 18-7001 . The…”
State v. James Leroy Skunkcap, 335 P.3d 561 (Idaho 2014). · cites it 8× “t as otherwise provided in subsection (2) of this section, every person who maliciously injures or destroys any real or personal property not his own, or any jointly owned property without permission of the joint owner, or any property belonging to the community of the person’s…”
State v. Richmond, 43 P.3d 794 (Idaho Ct. App. 2002). · cites it 4× “Idaho Code § 18-7001 reads: Every person who maliciously injures or destroys any real or personal property not his own, or any jointly owned property without permission of the joint owner, or any property belonging to the community of the person’s marriage, in cases otherwise…”
State v. West, 633 P.2d 1140 (Idaho 1981). · cites it 14× “This recommendation apparently impressed the sentencing judge, who specifically relied on the presentence investigator's conclusion that the defendant demonstrated "little, if any, remorse for his actions and conduct.”
State v. Hauser, 150 P.3d 296 (Idaho Ct. App. 2006). · cites it 4× “Hauser concedes that the State presented sufficient evidence to prove the elements of the underlying offense of felony malicious injury to property, I.C. § 18-7001, but asserts that the State did not present evidence by which a jury could find that she was an accessory to that…”
State v. Kenneth Randall Smith, 355 P.3d 644 (Idaho Ct. App. 2015). · cites it 4× “§ 18-903, for shoving each of the sisters at the apartment complex; malicious injury to property, I.C. § 18-7001, for chewing on the patrol car door; possession of paraphernalia, I.”
State v. Boehner, 756 P.2d 1075 (Idaho Ct. App. 1988). · cites it 4× “See I.C. § 18-7001. The truck owner identified the perpetrator as John Boehner and gave the officers Boehner's home address.”
State v. Doe (13-14), 333 P.3d 858 (Idaho Ct. App. 2014). · cites it 10× “FACTS AND PROCEDURE Doe was served with a petition and summons alleging he committed malicious injury to property, Idaho Code § 18-7001 , bringing him within the purview of the J.”
State v. Morris, 954 P.2d 681 (Idaho Ct. App. 1998). · cites it 4× “§§ 18-1401, 1402, and malicious injury to property, I.C. § 18-7001. Morris pled guilty to first degree burglary in April 1992, and the state dismissed the malicious injury to property charge.”
Show all 72 citing cases →
— Idaho Code § 18-7001(1) — 12 cases
State v. James Leroy Skunkcap, 335 P.3d 561 (Idaho 2014). “t as otherwise provided in subsection (2) of this section, every person who maliciously injures or destroys any real or personal property not his own, or any jointly owned property without permission of the joint owner, or any property belonging to the community of the person’s…”
State v. Kelsey Rose Hopkins, 345 P.3d 250 (Idaho Ct. App. 2015).
State v. Salinas (Idaho Ct. App. 2025).
State v. James Leroy Skunkcap (Idaho 2014).
State v. Taylor John Ketlinski (Idaho Ct. App. 2016).
— Idaho Code § 18-7001(2) — 9 cases
State v. James Leroy Skunkcap, 335 P.3d 561 (Idaho 2014). “t as otherwise provided in subsection (2) of this section, every person who maliciously injures or destroys any real or personal property not his own, or any jointly owned property without permission of the joint owner, or any property belonging to the community of the person’s…”
State v. Torrey (Idaho Ct. App. 2023).
State v. Hawking, 549 P.3d 1071 (Idaho 2024).
State v. Bennett (Idaho Ct. App. 2024).
State v. Christiancy (Idaho Ct. App. 2025).
— Idaho Code § 18-7001(2)(a) — 3 cases
State v. Collins, 162 P.3d 787 (Idaho Ct. App. 2007).
52638/52639 State v. Hyder (Idaho Ct. App. 2026).
State v. William Gene Rhodes (Idaho Ct. App. 2014).
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