Idaho Code
Idaho Code § 18-7902 (2026)
Malicious harassment defined — Prohibited.
✓ current as of May 2026
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Malicious harassment defined — Prohibited.
It shall be unlawful for any person, maliciously and with the specific intent to intimidate or harass another person because of that person’s race, color, religion, ancestry, or national origin, to:
(a) Cause physical injury to another person; or
(b) Damage, destroy, or deface any real or personal property of another person; or
(c) Threaten, by word or act, to do the acts prohibited if there is reasonable cause to believe that any of the acts described in subsections (a) and (b) of this section will occur.
For purposes of this section, "deface" shall include, but not be limited to, cross-burnings or the placing of any word or symbol commonly associated with racial, religious or ethnic terrorism on the property of another person without his or her permission.
Notes of Decisions
Cited in 9
cases, 2004–2019 · leading case: State v. Manzanares, 272 P.3d 382 (Idaho 2012).
State v. Manzanares, 272 P.3d 382 (Idaho 2012). “ing, as provided in sections 18-4501 through 18-4503, Idaho Code; (o) Mayhem, as provided in section 18-5001, Idaho Code; (p) Prostitution, as provided in sections 18-5601 through 18-5614, Idaho Code; (q) Rape, as provided in sections 18-6101, 18-6108 and 18-6110, Idaho Code;…”
State v. Tankovich, 307 P.3d 1247 (Idaho Ct. App. 2013). “Tankovich was subsequently charged with malicious harassment, Idaho Code § 18-7902 , and conspiracy to commit malicious harassment, I.”
State v. Rae, 84 P.3d 586 (Idaho Ct. App. 2004). “*654 Idaho Code § 18-7902 defines malicious harassment, in pertinent part, as follows: • It shall be unlawful for any person, maliciously and with the specific intent to intimidate or harass another person because of that person’s race, color, religion, ancestry, or national…”
State v. Beck, 167 P.3d 788 (Idaho Ct. App. 2007). “BACKGROUND Zachary Beck was charged with felony malicious harassment, Idaho Code § 18-7902 . Quick Release posted a bail bond on his behalf in the amount of $50,000 and Beck was released.”
State v. Michelle Alece Mace, 341 P.3d 602 (Idaho Ct. App. 2015). “BACKGROUND Mace pleaded guilty to malicious harassment in violation of Idaho Code § 18-7902 . The district court withheld judgment and placed Mace on probation for five years.”
State v. Tankovich Amended Opinion (Idaho Ct. App. 2013). “Tankovich was subsequently charged with malicious harassment, Idaho Code § 18-7902 , and conspiracy to commit malicious harassment, I.”
State v. Jones (Idaho Ct. App. 2019). “________________________________________________ BRAILSFORD, Judge Kody Evan Jones timely appeals from his judgment of conviction entered after a jury found him guilty of malicious harassment, Idaho Code § 18-7902 . For the reasons set forth below, we affirm.”
State v. Steven S. Leas (Idaho Ct. App. 2010). “” Leas was charged with malicious harassment, Idaho Code § 18-7902 . The first jury failed to reach a verdict and a mistrial was declared.”
State v. Daren Christopher Abbey (Idaho Ct. App. 2013). “Idaho Code § 18-7902 . The district court sentenced Abbey to a unified term of five years, with three years determinate, and retained jurisdiction.”
— Idaho Code § 18-7902(a) — 2 cases
State v. Tankovich, 307 P.3d 1247 (Idaho Ct. App. 2013). “Tankovich was subsequently charged with malicious harassment, Idaho Code § 18-7902 , and conspiracy to commit malicious harassment, I.”
State v. Tankovich Amended Opinion (Idaho Ct. App. 2013). “Tankovich was subsequently charged with malicious harassment, Idaho Code § 18-7902 , and conspiracy to commit malicious harassment, I.”
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