Idaho Code
Idaho Code

Idaho Code § 18-7401 (2026)

Bail jumping — Default in required appearance. 

✓ current as of May 2026
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Bail jumping — Default in required appearance. 

A person set at liberty by court order, with or without bail, upon condition that he will subsequently appear at a specified time and place, commits a misdemeanor if, without lawful excuse, he fails to appear at that time and place. The offense constitutes a felony where the required appearance was to answer to a charge of felony, or for disposition of any such charge, and the actor took flight or went into hiding to avoid apprehension, trial or punishment. This section does not apply to obligations to appear incident to release under suspended sentence or on probation or parole.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1983–2025 · leading case: Mallery v. Lewis, 678 P.2d 19 (Idaho 1983).
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Mallery v. Lewis, 678 P.2d 19 (Idaho 1983). · cites it 8× “It may perhaps look to its recently enacted bailjumping statute, I.C. § 18-7401, making it an offense to fail to appear at the appointed time after having been set at liberty by the court.”
State v. Pyne, 670 P.2d 528 (Idaho 1983). · cites it 10× “The case presents this Court with its first opportunity to consider the provisions of I.C. § 18-7401 which purports to create a criminal offense for a defendant's failure to appear in a criminal action being processed against him.”
Steven Edward Manning v. Phil Foster, 224 F.3d 1129 (9th Cir. 2000). “I Manning was convicted of lewd conduct with and sexual abuse of a child under the age of 16 years pursuant to Idaho Code §§ 18-1508 and 1506, and of felony failure to appear pursuant to Idaho Code § 18-7401 . Judgment was entered September 23, 1994.”
State v. Big Dawg Bail Bonds, 336 P.3d 306 (Idaho Ct. App. 2014). · cites it 2× “Bail jumping is punishable as a criminal offense, I.C. § 18-7401, and the person who fails to appear may be liable to the bonding company for monetary damages.”
State v. Dunlap, 848 P.2d 454 (Idaho Ct. App. 1993). · cites it 2× “” I.C. § 18-7401. In March, 1990, Dunlap entered into a written plea agreement with the state un *398 der I.”
State v. Lund, 858 P.2d 829 (Idaho Ct. App. 1993). · cites it 2× “A new information was filed charging an additional count of felony bail jumping pursuant to I.C. § 18-7401. Lund eventually appeared and pled guilty to the second felony DWP and the felony bail jumping.”
51884 State v. Vega (Idaho Ct. App. 2025). · cites it 2× “§ 18-3601, and misdemeanor failure to appear, I.C. § 18-7401. She also admitted to violating her probation in Docket No.”
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