Idaho Code

Idaho Code § 19-3401 (2026)

Compromise of offenses after satisfaction.

✓ current as of May 2026

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Compromise of offenses after satisfaction.

When a defendant is held to answer on a charge of misdemeanor, for which the person injured by the act constituting the offense has a remedy by a civil action, the offense may be compromised as provided in the next section, except when it is committed:

1. By or upon an officer of justice, while in the execution of the duties of his office.

2. Riotously.

3. With an intent to commit a felony.

4. As an act of domestic violence as defined in section 39-6303(1), Idaho Code.

Notes of Decisions

Cited in 3 cases, 1949–1965 · leading case: State v. Kleier, 206 P.2d 513 (Idaho 1949).

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State v. Kleier, 206 P.2d 513 (Idaho 1949). · cites it 2× “Section 19-3401, I.C.A. provides for a dismissal of the action; “If an indictment is not found against him at the next term of the court to which he is held to answer [and] is not brought to trial at the next term of the court in which the indictment is triable, after it is…”

Application of Carpenter, 401 P.2d 800 (Idaho 1965). · cites it 2× “§ 19-4215(2)] contending the trial court failed to comply with the provisions of I.C. § 19-3401(2) [now I.C. § 19-3501(2)] which provides: “The court, unless good cause to the contrary is shown, must order the prosecution or indictment to be dismissed, in the following cases:…”

State v. Shaw., 207 P.2d 540 (Idaho 1949). · cites it 4× “2d 421 ]: “The proviso in section 19-3401 [now sec. 19-3501, Idaho Code] that ‘The court, unless good cause to the contrary is shown, must order the prosecution or indictment to be dismissed’, vests discretion in the court both in the initial determination of whether good cause…”

— Idaho Code § 19-3401(2) — 1 case

Application of Carpenter, 401 P.2d 800 (Idaho 1965). “§ 19-4215(2)] contending the trial court failed to comply with the provisions of I.C. § 19-3401(2) [now I.C. § 19-3501(2)] which provides: “The court, unless good cause to the contrary is shown, must order the prosecution or indictment to be dismissed, in the following cases:…”

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