Idaho Code

Idaho Code § 18-801 (2026)

Arson — Definitions. 

✓ current as of May 2026
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Arson — Definitions. 

In this chapter, the following terms have the following meanings:

(1)  "Damage", in addition to its ordinary meaning, includes any charring, scorching, burning or breaking, and shall include any diminution in the value of any property as a consequence of an act;
(2)  "Dwelling" means any structure used or intended for use as human habitation;
(3)  "Structure" means any building of any kind, including fixtures and appurtenances attached thereto, any coliseum, bridge or carport, any tent or other portable building, or any vehicle, vessel, watercraft or aircraft;
(4)  "Real property" means any land, and shall include any crops growing thereon;
(5)  "Personal property" means any tangible property, including anything severed from the land;
(6)  "Forest land" means any brush covered land, cut-over land, forest, prairie, grasslands, wetlands or woods;
(7)  "Firefighter" means any person assisting in the suppression or extinguishment of any fire or explosion.
Notes of Decisions
Cited in 19 cases (1 in the last 5 years), 1967–2023 · leading case: State v. Shackelford, 247 P.3d 582 (Idaho 2010).
Planned Parenthood Great Nw. v. State (Idaho 2023). · cites it 2× “§§ 18-1101 to -1104 (prohibiting bigamy); I.C. §§ 18-801 to -805 (prohibiting arson); I.”
State v. Jerry Olean Mullenix, Jr. (Idaho Ct. App. 2014). · cites it 2× “was convicted of aggravated assault, Idaho Code §§ 18-801 (b), 18-905(a). The district court imposed a unified five-year sentence with a two-year determinate term, but after a period of retained jurisdiction, suspended the sentence and placed Mullenix on probation.”
State v. Manzanares, 272 P.3d 382 (Idaho 2012). · cites it 2× “[9] Idaho Code § 18-8502 (3) states: "Pattern of criminal gang activity" means the commission, attempted commission or solicitation of two (2) or more of the following offenses, provided that the offenses are committed on separate occasions or by two (2) or more gang members:…”
State v. Shackelford, 247 P.3d 582 (Idaho 2010). · cites it 4× “Idaho Code § 18-801 offers definitions for the crime of arson, such as “damage” and “dwelling.”
United States v. Knight, 606 F.3d 171 (4th Cir. 2010). “tit. 21, § 1403 (A); S.C.Code Ann. 16-11-150; Wash.”
State v. Dale Carter Shackelford (Idaho 2010). · cites it 4× “Idaho Code § 18-801 offers definitions for the crime of arson, such as “damage” and “dwelling.”
State v. Leferink, 992 P.2d 775 (Idaho 1999). · cites it 2× “” Idaho Code § 18-801 ; State v. Hall, 90 Idaho 478 , 413 P.”
State v. Betterton, 903 P.2d 151 (Idaho Ct. App. 1995). · cites it 2× “On appeal she challenges the district court’s denial of her motion, based on I.C. § 18-801, 1 to dismiss the DWP charge.”
State v. Brizendine, 853 P.2d 631 (Idaho Ct. App. 1993). · cites it 4× “I.C. § 18-801. The district court sentenced Brizendine to a fixed term of two years for the Caldwell fire.”
State v. Knapp, 815 P.2d 1083 (Idaho Ct. App. 1991). · cites it 2× “§§ 18-1401, -1402, -1403, -1404, four counts of first degree arson, I.C. § 18-801, five counts of second degree arson, I.”
State v. Morris, 773 P.2d 284 (Idaho Ct. App. 1989). · cites it 4× “After a four-day trial, Morris was found guilty of three crimes: First Degree Arson (I.C. § 18-801), Damage to Insured Property (I.”
State v. Harper, 775 P.2d 649 (Idaho Ct. App. 1989). · cites it 4× “I.C. §§ 18-801; 19-2513. Harper contends his sentence is excessive.”
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