Idaho Code

Idaho Code § 19-315 (2026)

Conviction or acquittal in another state. 

✓ current as of May 2026
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Conviction or acquittal in another state. 

When an act charged as a public offense, is within the venue of another state, territory, or country, as well as of this state, a conviction or acquittal thereof in the former is a bar to the prosecution or indictment therefor in this state.

Notes of Decisions
Cited in 5 cases, 2001–2012 · leading case: Garcia v. State Tax Com'n of State of Id, 38 P.3d 1266 (Idaho 2002).
Garcia v. State Tax Com'n of State of Id, 38 P.3d 1266 (Idaho 2002). · cites it 28× “The imposition of the illegal drug tax also did not violate statutory law because Idaho Code § 19-315 only prohibits duplicative criminal proceedings.”
Cook v. State, 180 P.3d 521 (Idaho Ct. App. 2008). · cites it 14× “Cook withdrew several of his claims and the court granted summary judgment on several other claims, including, relevant to this appeal, his allegations that counsel was ineffective for failing to file a motion to dismiss under Idaho’s double jeopardy statute, I.C. § 19-315, and…”
People v. Homick, 289 P.3d 791 (Cal. 2012). · cites it 2× “, Idaho Code, § 19-315; Mont. Code Ann., § 46-11-504; Nev.”
United States v. Clifford C. Pluff, Jr., 253 F.3d 490 (9th Cir. 2001). · cites it 2× “2d 14, 18 (1996) (holding that the Idaho Constitution provides no greater protection from double jeopardy than does the federal constitution) with Idaho Code § 19-315 (providing that a prosecution in another “state, territory, or country” is a bar to prosecution in Idaho).”
State v. Madden, 216 P.3d 644 (Idaho Ct. App. 2009). · cites it 18× ““When an act charged as a public offense, is within the venue of another state, territory, or country, as well as of this state, a conviction or acquittal thereof in the former is a bar to the prosecution or indictment therefore in this state.”
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