Idaho Code
Idaho Code

Idaho Code § 19-2514 (2026)

Persistent violator — Sentence on third conviction for felony. 

✓ current as of May 2026
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Persistent violator — Sentence on third conviction for felony. 

Any person convicted for the third time of the commission of a felony, whether the previous convictions were had within the state of Idaho or were had outside the state of Idaho, shall be considered a persistent violator of law, and on such third conviction shall be sentenced to a term in the custody of the state board of correction which term shall be for not less than five (5) years and said term may extend to life.

Notes of Decisions
Cited in 446 cases (115 in the last 5 years), 1953–2026 · leading case: State v. Harrington, 990 P.2d 144 (Idaho Ct. App. 1999).
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State v. Harrington, 990 P.2d 144 (Idaho Ct. App. 1999). · cites it 84× “§ 18-6503 provides that robbery is punishable by imprisonment in the state prison for not less than five (5) years, and the imprisonment may be extended to life, the same language of the persistent violator enhancement.”
State v. Pierce, 685 P.2d 837 (Idaho Ct. App. 1984). · cites it 16× “The state later sought to add two allegations for sentence enhancement: (1) that Pierce was a persistent violator under I.C. § 19-2514, and (2) that Pierce had committed the robbery with a firearm, invoking I.”
Rummel v. Estelle, 445 U.S. 263 (1980). · cites it 4× “Code § 22-104a (1973); Idaho Code § 19-2514 (1979); Okla. Stat., Tit.”
State v. Gary L. Schall, 337 P.3d 647 (Idaho 2014). · cites it 8× “The statute provides that: Any person convicted for the third time of the commission of a felony, whether the previous convictions were had within the state of Idaho or were had outside the state of Idaho, shall be considered a persistent violator of law, and on such third…”
State v. Jeske, 436 P.3d 683 (Idaho 2019). · cites it 4× “In addition, the State sought a sentencing enhancement based on Idaho Code section 19-2514 for the new charge, alleging this was Jeske's third felony conviction and, as such, it exposed him to additional imprisonment.”
State v. Brandt, 715 P.2d 1011 (Idaho Ct. App. 1986). · cites it 12× “I.C. § 19-2514 provides: Any person convicted for the third time of the commission of a felony, whether the previous convictions were had within the state of Idaho or were had outside the state of Idaho, shall be considered a persistent violator of law, and on such third…”
State v. Dunn, 434 P.2d 88 (Idaho 1967). · cites it 14× “No mention was made in the complaint that appellant was a persistent violator as defined by I.C. § 19-2514. The information filed in District Court consisted of two portions, the first (designated as the first page) charging the commission of the crime of arson in the first…”
State v. Helms, 137 P.3d 466 (Idaho Ct. App. 2006). · cites it 24× “[3] Idaho Code § 19-2514 provides: Any person convicted for the third time of the commission of a felony .”
State v. Cheatham, 80 P.3d 349 (Idaho Ct. App. 2003). · cites it 8× “Idaho Code § 19-2514 mandates that a persistent violator be sentenced to not less than five years’ imprisonment and authorizes up to life imprisonment, regardless of the maximum sentence otherwise fixed by statute for the new offense.”
State v. Greensweig, 641 P.2d 340 (Idaho Ct. App. 1982). · cites it 8× “Idaho Code § 19-2514 provides that: “ — Any person convicted for the third time of the commission of a felony, whether the previous convictions were had within the state of Idaho or were had outside the state of Idaho, shall be considered a persistent violator of law, and on…”
State v. MacE, 994 P.2d 1066 (Idaho Ct. App. 2000). · cites it 20× “The State also alleged that Mace was subject to a sentence enhancement under the persistent violator statute, I.C. § 19-2514. During his direct examination at trial, Mace made the statement, "I don't drink and drive.”
State v. Campbell, 757 P.2d 230 (Idaho Ct. App. 1988). · cites it 12× “Idaho Code § 19-2514 *237 does not require notice be given a defendant at or before the preliminary hearing.”
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