Idaho Code
Idaho Code

Idaho Code § 19-401 (2026)

No statute of limitations for certain felonies. 

✓ current as of May 2026
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No statute of limitations for certain felonies. 

Notwithstanding any other provision of law, there is no limitation of time within which a prosecution for the following crimes must be commenced:

(1)  Murder;
(2)  Voluntary manslaughter;
(3)  Rape pursuant to section 18-6101(3) through (10), Idaho Code;
(4)  Sexual abuse of a child or lewd conduct with a child as set forth in sections 18-1506 and 18-1508, Idaho Code; or
(5)  An act of terrorism as set forth in sections 18-8102, 18-8103, 18-3322, 18-3323 and 18-3324, Idaho Code.
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1969–2026 · leading case: Glaze v. Deffenbaugh, 172 P.3d 1104 (Idaho 2007).
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Glaze v. Deffenbaugh, 172 P.3d 1104 (Idaho 2007). · cites it 2× “Even then, the fraudulent concealment must be concealment practiced upon the injured party, not upon a third party.”
Olson v. State, 452 P.2d 764 (Idaho 1969). “§ 19-3506 3 , § 19-401 4 and § 19-4224 5 , so far as applying it to the facts of the case at bar is concerned.”
State v. Harris (Idaho Ct. App. 2026). · cites it 4× “Harris argued that the conduct underlying the reduced charge of felony injury to a child fell outside of the statute of limitations for that offense.”
State v. Leslie Roy Lynch (Idaho Ct. App. 2012). · cites it 2× “However, on a charge that has no statute of limitations, including lewd conduct or sexual abuse of a child under sixteen, I.C. § 19-401, other factors must be considered.”
State v. Gary Dean Blankenship (Idaho Ct. App. 2014). · cites it 2× “Pursuant to the amendments of Idaho Code §§ 19-401 and 19-402, charges of forcible rape were no longer subject to a statute of limitation, while charges of statutory rape continued to be.”
— Idaho Code § 19-401(3) — 1 case
Glaze v. Deffenbaugh, 172 P.3d 1104 (Idaho 2007). “Even then, the fraudulent concealment must be concealment practiced upon the injured party, not upon a third party.”
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