Idaho Code
Idaho Code

Idaho Code § 19-104 (2026)

Parties to criminal actions. 

✓ current as of May 2026
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Parties to criminal actions. 

A criminal action is prosecuted in the name of the state of Idaho, as a party, against the person charged with the offense.

Notes of Decisions
Cited in 10 cases (4 in the last 5 years), 1967–2024 · leading case: State v. Johnson, 470 P.3d 1263 (Idaho Ct. App. 2020).
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State v. Johnson, 470 P.3d 1263 (Idaho Ct. App. 2020). · cites it 2× “This principle is echoed statutorily by I.C. § 19-104, which defines the State and the person charged as the only parties to criminal actions.”
Associated Press v. Second Jud. Dist., 529 P.3d 1259 (Idaho 2023). · cites it 2× “I.C. § 19-104. Unlike the state and federal rules of civil procedure that often permit the intervention of interested parties to an action, intervention in criminal proceedings is much more circumscribed.”
State v. Poe, 506 P.3d 897 (Idaho 2022). · cites it 4× “This principle is echoed statutorily by I.C. § 19-104, which defines the State and the person charged as the only parties to criminal actions.”
State v. Carey Mitchell Baker, 322 P.3d 291 (Idaho 2014). · cites it 2× “” I.C. § 19-104. A prosecutor is obligated to represent the people of the State of Idaho in criminal proceedings.”
City of Sandpoint v. Butigan, 433 P.2d 125 (Idaho 1967). · cites it 2× “” I.C. § 19-104. See State v. Lockhart, 18 Idaho 730 , 111 P.”
State v. Johnson (Idaho Ct. App. 2020). · cites it 2× “This principle is echoed statutorily by I.C. § 19-104, which defines the State and the person charged as the only parties to criminal actions.”
Martinez v. State (Idaho Ct. App. 2020). · cites it 2× “See I.C. § 19-104 (defining the State and the person charged as the only parties to criminal actions).”
Associated Press v. Second Jud. Dist. (Idaho 2023). · cites it 2× “I.C. § 19-104. Unlike the state and federal rules of civil procedure that often permit the intervention of interested parties to an action, intervention in criminal proceedings is much more circumscribed.”
State v. Karst (Idaho 2024). · cites it 2× “V, § 1 (“[E]very action prosecuted by the people of the state as a party, against a person charged with a public offense, for the punishment of the same, shall be termed a criminal action.”
State v. Carey Mitchell Baker (Idaho 2014). · cites it 2× “” I.C. § 19-104. A prosecutor is obligated to represent the people of the State of Idaho in criminal proceedings.”
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