Idaho Code
Idaho Code

Idaho Code § 19-301 (2026)

All offenders liable to punishment. 

✓ current as of May 2026
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All offenders liable to punishment. 

(1) Jurisdiction – venue. Every person is liable to punishment by the laws of this state, for a public offense committed by him therein, except where it is by law cognizable exclusively in the courts of the United States. Evidence that a prosecutable act was committed within the state of Idaho is a jurisdictional requisite, and proof of such must be shown beyond a reasonable doubt.

(2)  Venue is nonjurisdictional. Proof that venue is proper under this chapter is satisfied if shown by a preponderance of the evidence.
Notes of Decisions
Cited in 11 cases, 1990–2018 · leading case: State v. Doyle, 828 P.2d 1316 (Idaho 1992).
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State v. Doyle, 828 P.2d 1316 (Idaho 1992). · cites it 11× “Therefore, under I.C. § 19-301, the State of Idaho was allegedly without jurisdiction to prosecute the action.”
State v. Amerson, 925 P.2d 399 (Idaho Ct. App. 1996). · cites it 4× “Indeed, the 1986 legislation inserted this concept into section 19-301 by adding two important provisions.”
State v. Smith, 862 P.2d 1093 (Idaho Ct. App. 1993). · cites it 8× “Generally, the state's burden of proving jurisdictional facts is met if the state satisfies the requirements of I.C. § 19-301. The statute provides: 19-301.”
State v. Wimer, 800 P.2d 128 (Idaho Ct. App. 1990). · cites it 10× “Because Idaho's statute, § 19-301, provides that venue is non-jurisdictional and may be proven by only a preponderance of the evidence, I conclude that Idaho is aligned with those states which hold that venue is not an element of a crime.”
State v. Leotis B. Branigh, III, 313 P.3d 732 (Idaho Ct. App. 2013). · cites it 2× “Idaho Code § 19-301 (1) states that for criminal prosecutions, “evidence that a prosecutable act was committed within the state of Idaho is a jurisdictional requisite.”
State v. Jerry Lee Olin, 292 P.3d 282 (Idaho Ct. App. 2012). · cites it 2× “We also note Idaho Code § 19-301 (1), which states, "Every person is liable to punishment by the laws of this state, for a public offense committed by him therein____Evidence that a prosecutable act was committed within the state of Idaho is a jurisdictional requisite, and proof…”
State v. Akins, 423 P.3d 1026 (Idaho 2018). · cites it 2× “I.C. § 19-301(1). Instead, the statute only came into effect when Akins crossed the state line and entered Idaho.”
State v. Magill, 804 P.2d 947 (Idaho Ct. App. 1991). · cites it 2× “Because the record clearly supports the state’s second argument we do not need to determine whether there is a factual basis shown for support of the state’s first argument.”
State v. Dakota Lee Villafuerte, 373 P.3d 695 (Idaho 2016). · cites it 4× “The motion was based upon that portion of Idaho Code section 19-301, which states, “Evidence that a prosecutable act was committed within the state of Idaho is a jurisdictional requisite, and proof of such must be shown beyond a reasonable doubt.”
State v. Madden, 216 P.3d 644 (Idaho Ct. App. 2009). · cites it 2× “” I.C. § 19-301. Thus, venue exists in Idaho only if a public offense was committed within Idaho.”
State v. Stephen D. L'Abbe (Idaho Ct. App. 2013). · cites it 2× “” See also I.C. § 19-301(1) (providing that every person is liable to punishment by the laws of this state for public offenses he or she commits within this state, except for violations of laws exclusive to the United States).”
— Idaho Code § 19-301(1) — 4 cases
State v. Amerson, 925 P.2d 399 (Idaho Ct. App. 1996). “Indeed, the 1986 legislation inserted this concept into section 19-301 by adding two important provisions.”
State v. Akins, 423 P.3d 1026 (Idaho 2018). “I.C. § 19-301(1). Instead, the statute only came into effect when Akins crossed the state line and entered Idaho.”
State v. Dakota Lee Villafuerte, 373 P.3d 695 (Idaho 2016). “The motion was based upon that portion of Idaho Code section 19-301, which states, “Evidence that a prosecutable act was committed within the state of Idaho is a jurisdictional requisite, and proof of such must be shown beyond a reasonable doubt.”
State v. Stephen D. L'Abbe (Idaho Ct. App. 2013). “” See also I.C. § 19-301(1) (providing that every person is liable to punishment by the laws of this state for public offenses he or she commits within this state, except for violations of laws exclusive to the United States).”
— Idaho Code § 19-301(2) — 2 cases
State v. Wimer, 800 P.2d 128 (Idaho Ct. App. 1990). “Because Idaho's statute, § 19-301, provides that venue is non-jurisdictional and may be proven by only a preponderance of the evidence, I conclude that Idaho is aligned with those states which hold that venue is not an element of a crime.”
State v. Magill, 804 P.2d 947 (Idaho Ct. App. 1991). “Because the record clearly supports the state’s second argument we do not need to determine whether there is a factual basis shown for support of the state’s first argument.”
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