Extended sentence for use of firearm or deadly weapon.
Any person convicted of a violation of sections 18-905 (aggravated assault defined), 18-907 (aggravated battery defined), 18-909 (assault with intent to commit a serious felony defined), 18-911 (battery with intent to commit a serious felony defined), 18-1401 (burglary defined), 18-1508(3), 18-1508(4), 18-1508(5), 18-1508(6) (lewd conduct with minor or child under sixteen), 18-2501 (rescuing prisoners), 18-2505 (escape by one charged with or convicted of a felony), 18-2506 (escape by one charged with or convicted of a misdemeanor), 18-4003 (degrees of murder), 18-4006 (manslaughter), 18-4015 (assault with intent to murder), 18-4501 (kidnapping defined), 18-5001 (mayhem defined), 18-6101 (rape defined), 18-6501 (robbery defined), 37-2732(a) (delivery, manufacture or possession of a controlled substance with intent to deliver) or 37-2732B (trafficking), Idaho Code, who displayed, used, threatened, or attempted to use a firearm or other deadly weapon while committing or attempting to commit the crime, shall be sentenced to an extended term of imprisonment. The extended term of imprisonment authorized in this section shall be computed by increasing the maximum sentence authorized for the crime for which the person was convicted by fifteen (15) years.
For the purposes of this section, "firearm" means any deadly weapon capable of ejecting or propelling one (1) or more projectiles by the action of any explosive or combustible propellant, and includes unloaded firearms and firearms which are inoperable but which can readily be rendered operable.
The additional terms provided in this section shall not be imposed unless the fact of displaying, using, threatening, or attempting to use a firearm or other deadly weapon while committing the crime is separately charged in the information or indictment and admitted by the accused or found to be true by the trier of fact at the trial of the substantive crime.
This section shall apply even in those cases where the use of a firearm is an element of the offense.
Notes of Decisions
Cited in
253
cases (
34 in the last 5 years), 1979–2026 · leading case:
State v. Passons, 417 P.3d 240 (Idaho 2018).
State v. Passons, 417 P.3d 240 (Idaho 2018).
· cites it 124× “I.C. § 19-2520. Amongst the underlying offenses is aggravated assault, conviction of which is punishable up to five years without enhancement.”
State v. Thompson, 614 P.2d 970 (Idaho 1980).
· cites it 60× “The prosecuting attorney then asked the court to invoke the provisions of I.C. § 19-2520 [2] and enhance the sentence for use of a firearm.”
State v. Johns, 736 P.2d 1327 (Idaho 1987).
· cites it 44× “ Any person convicted of violation of sections .”
State v. Clements, 218 P.3d 1143 (Idaho 2009).
· cites it 19× “Idaho Code § 19-2520 , Idaho's weapons enhancement statute, is limited by I.”
State v. Peregrina, 261 P.3d 815 (Idaho 2011).
· cites it 64× “If a jury finds that a defendant used a firearm in the commission of a battery, his sentence may be increased by a maximum fifteen years. Id. The legislature used "shall" in the statute, making this a mandatory increase to the maximum penalty.”
State v. Kaiser, 681 P.2d 594 (Idaho Ct. App. 1984).
· cites it 58× “§ 18-4003, and with using a firearm during the commission of that murder, I.C. § 19-2520. Following a jury trial he was convicted of second degree murder and sentenced to an indeterminate life term.”
State v. Farwell, 170 P.3d 397 (Idaho 2007).
· cites it 15× “This case asks this Court to decide whether the two components of a sentence enhanced pursuant to I.C. § 19-2520 must be separately articulated in order to be capable of review and whether the sentence imposed on Douglas M.”
State v. Olsen, 647 P.2d 734 (Idaho 1982).
· cites it 24× “§ 18-4015, and with committing a felony while in possession of a firearm, I.C. § 19-2520. Following a two day trial at which the primary issue was defendant's state of mind during the shooting, the jury found the defendant guilty on two counts of the lesser included offense of…”
State v. Gerardo, 205 P.3d 671 (Idaho Ct. App. 2009).
· cites it 16× “§§ 18-6501, -306, and the indictment sought an enhancement of their burglary sentences for use of a firearm in the course of that crime, I.C. § 19-2520. 1 The three men were tried together and none of them testified.”
State v. Galaviz, 658 P.2d 999 (Idaho Ct. App. 1983).
· cites it 28× “Idaho Code § 19-2520 provides in part: Any person convicted of a violation of .”
State v. Herrera-Brito, 957 P.2d 1099 (Idaho Ct. App. 1998).
· cites it 10× “§§ 18-4001, 4002, 4003, and the sentence enhancement imposed for the use of a firearm during the commission of the crime, I.C. § 19-2520. We vacate the judgment of conviction and remand to the district court.”
State v. Searcy, 798 P.2d 914 (Idaho 1990).
· cites it 16× “Both enhancements were based upon I.C. § 19-2520 which provides for an extended sentence for use of a firearm or deadly weapon in the commission of felonies, as were charged here.”
— Idaho Code § 19-2520(B) — 1 case
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