Idaho Code
Idaho Code

Idaho Code § 19-2312 (2026)

Conviction of included offense. 

✓ current as of May 2026
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Conviction of included offense. 

The jury may find the defendant guilty of any offense, the commission of which is necessarily included in that with which he is charged in the indictment, or of an attempt to commit the offense.

Notes of Decisions
Cited in 27 cases, 1954–2019 · leading case: State v. Thompson, 614 P.2d 970 (Idaho 1980).
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State v. Thompson, 614 P.2d 970 (Idaho 1980). · cites it 12× “[4] I.C. § 19-2312 provides: "The jury may find the defendant guilty of any offense, the commission of which is necessarily included in that with which he is charged in the indictment, or of an attempt to commit the offense.”
State v. Anderson, 352 P.2d 972 (Idaho 1960). · cites it 18× “) Such section of the statute defines the included offense as any offense the commission of which is necessarily included in the offense charged in the indictment, or information.”
State v. Hall, 397 P.2d 261 (Idaho 1964). · cites it 12× “§ 18-907, which fixes the penalty for aggravated assaults, including assault with intent to commit rape, and also to I.C. § 18-306, which fixes the penalty for attempts.”
State v. Curtis, 944 P.2d 119 (Idaho 1997). · cites it 4× “Idaho Code § 19-2312 provides when a defendant may be convicted of an included offense.”
People v. Fontenot, 447 P.3d 252 (Cal. 2019). “510(a) ; Idaho Code Ann. § 19-2312 ; Ind. Code § 35-31.”
State v. McCormick, 594 P.2d 149 (Idaho 1979). · cites it 2× “An offense will be deemed to be a lesser included offense of another, greater offense, if all the elements required to sustain a conviction of the lesser included offense are included within the elements needed to sustain a conviction of the greater offense. Of course, the…”
State v. Weise, 273 P.2d 97 (Idaho 1954). · cites it 4× “The ground specified is without merit. The court did not err in admitting such evidence.”
State v. Cariaga, 523 P.2d 32 (Idaho 1974). · cites it 4× “An offense will be deemed to be a lesser included offense of another, greater offense, if all the elements required to sustain a conviction of the lesser included offense are included within the elements needed to sustain a conviction of the greater offense.”
State v. Missenberger, 386 P.2d 559 (Idaho 1963). · cites it 8× “” I.C. § 19-2312, authorizing a conviction of included offenses provides: “The jury may find the defendant guilty of any offense, the commission of which is necessarily included in that with which he is charged in the indictment, or of an attempt to commit the offense.”
State v. Boyenger, 509 P.2d 1317 (Idaho 1973). · cites it 4× “” Regarding included offenses, I.C. § 19-2312 reads as follows: “19-2312.”
State v. Beason, 506 P.2d 1340 (Idaho 1973). · cites it 2× “One other statute which merits consideration in this context is I.C. § 19-2312: “The jury may find the defendant guilty of any offense, the commission of which is necessarily included in that *276 with which he is charged in the indictment, or of an attempt to commit the offense.”
State v. Morris, 546 P.2d 375 (Idaho 1976). · cites it 2× “I.C. § 19-2312 provides: “The jury may find the defendant guilty of any offense, the commission of which is necessarily included in that with which he is charged in the indictment, or of an attempt to commit the offense.”
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