Idaho Code
Idaho Code

Idaho Code § 19-304 (2026)

Offenses committed in different counties. 

✓ current as of May 2026
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Offenses committed in different counties. 

(1) When a public offense is committed in part in one (1) county and in part in another, or the acts or effects thereof constituting or requisite to the consummation of the offense occur in two (2) or more counties, the venue is in either county.

(2)  When more than one (1) felony is committed in more than one (1) county pursuant to a continuing criminal transaction or a common scheme or plan, venue shall be in any county in which one or more of such offenses has occurred.
(3)  If a crime has been committed in the state of Idaho but it cannot be shown which county properly has venue, then in such case Ada county shall be the proper county of venue.
Notes of Decisions
Cited in 5 cases, 1969–2014 · leading case: State v. Anderson, 2005 WI 54 (Wis. 2005).
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State v. Anderson, 2005 WI 54 (Wis. 2005). · cites it 2× “1999) (discussing broader legislation that provides that "where an attorney general concludes that an offense was committed somewhere within the state, but `it is impossible to determine in which county it occurred, the offense may be alleged in the indictment to have been…”
State v. May, 461 P.2d 126 (Idaho 1969). · cites it 5× “This contention overlooks I.C. § 19-304, “Offenses committed in different counties.”
State v. Carey Mitchell Baker, 322 P.3d 291 (Idaho 2014). · cites it 4× “I.C. § 19-304(1). If venue cannot be determined the proper venue is Ada County.”
State v. Magill, 804 P.2d 947 (Idaho Ct. App. 1991). · cites it 2× “I.C. § 19-304. Second, the state contends that by pleading guilty to aggravated assault Magill waived any defenses he may have had to the venue selected by the state for the prosecution of this charge.”
State v. Carey Mitchell Baker (Idaho 2014). · cites it 4× “I.C. § 19-304(1). If venue cannot be determined the proper venue is Ada County.”
— Idaho Code § 19-304(1) — 2 cases
State v. Carey Mitchell Baker, 322 P.3d 291 (Idaho 2014). “I.C. § 19-304(1). If venue cannot be determined the proper venue is Ada County.”
State v. Carey Mitchell Baker (Idaho 2014). “I.C. § 19-304(1). If venue cannot be determined the proper venue is Ada County.”
— Idaho Code § 19-304(3) — 2 cases
State v. Carey Mitchell Baker, 322 P.3d 291 (Idaho 2014). “I.C. § 19-304(1). If venue cannot be determined the proper venue is Ada County.”
State v. Carey Mitchell Baker (Idaho 2014). “I.C. § 19-304(1). If venue cannot be determined the proper venue is Ada County.”
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