Idaho Code
Idaho Code

Idaho Code § 18-805 (2026)

Aggravated arson — Penalties. 

✓ current as of May 2026
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Aggravated arson — Penalties. 

A person whose violation of sections 18-802, 18-803 or 18-804, Idaho Code, results, directly or indirectly, in great bodily harm, permanent disability, permanent disfigurement or death of a firefighter or any other person, regardless of intent or lack of intent to cause such harm, upon a finding of guilt thereon shall be sentenced to an extended term of imprisonment. The extended term of imprisonment shall be computed by increasing the sentence imposed for a conviction under such sections, by a period of not more than ten (10) years.

Notes of Decisions
Cited in 2 cases, 1993–2000 · leading case: State v. Payne, 3 P.3d 1251 (Idaho 2000).
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State v. Payne, 3 P.3d 1251 (Idaho 2000). · cites it 2× “Rather, the aggravating factors set forth in the statute, Idaho Code § 18-805 , if found by the jury, simply enhance the penalties which may be imposed for the crimes of first, second or third degree arson.”
State v. Brizendine, 853 P.2d 631 (Idaho Ct. App. 1993). · cites it 4× “The jury was instructed to find whether or not Brizendine was guilty of "aggravated arson,” as defined by I.C. § 18-805. The statute provides for an extended term of imprisonment for a person who, in the course of committing any arson of a structure, "knows or reasonably should…”
Idaho Code § 18-805(l)(a): 1 case
State v. Brizendine, 853 P.2d 631 (Idaho Ct. App. 1993). “The jury was instructed to find whether or not Brizendine was guilty of "aggravated arson,” as defined by I.C. § 18-805. The statute provides for an extended term of imprisonment for a person who, in the course of committing any arson of a structure, "knows or reasonably should…”
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