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). · cites it 2× “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). · cites it 2× “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). · cites it 2× “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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