Idaho Code
Idaho Code § 19-107 (2026)
Second prosecution prohibited.
✓ current as of May 2026
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Second prosecution prohibited.
No person can be subjected to a second prosecution for a public offense for which he has once been prosecuted and convicted or acquitted.
Notes of Decisions
Cited in 4
cases, 1952–2014 · leading case: State v. Rhonda Trusdall, 318 P.3d 955 (Idaho Ct. App. 2014).
State v. Rhonda Trusdall, 318 P.3d 955 (Idaho Ct. App. 2014). “Every vehicle which is self-propelled, and for the purpose of titling and registration meets federal motor vehicle safety standards as defined in section 19-107, Idaho Code. Motor vehicle does not include vehicles moved solely by human power, electric personal assistive mobility…”
State v. Petty, 248 P.2d 218 (Idaho 1952). “346 . In the case of included offenses he is protected against double jeopardy since a conviction or acquittal of one is a conviction or acquittal of the other.”
United States v. Clifford C. Pluff, Jr., 253 F.3d 490 (9th Cir. 2001). “” Idaho Code § 19-107 . The Idaho Code also provides that “[w]hen an act charged as a public offense, is within the venue of another state, territory, or country, a conviction or acquittal thereof in the former is a bar to prosecution or indictment thereof in this state.”
State v. Wall, 248 P.2d 222 (Idaho 1952). “But, since under the facts, that is an included offense, the fact that he might have been prosecuted under the sodomy statute is a matter beyond the control of the defendant and of which he may not complain, for the reason that a conviction or acquittal of either is a conviction…”
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