Idaho Code
Idaho Code § 19-402 (2026)
Commencement of prosecutions for felonies.
✓ current as of May 2026
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Commencement of prosecutions for felonies.
A prosecution for any felony other than those specified in section 19-401, Idaho Code, must be commenced by the filing of the complaint or the finding of an indictment within five (5) years after its commission, provided however, a prosecution under sections 18-1506A and 18-1506B, Idaho Code, must be commenced within three (3) years after the date of initial disclosure by the victim to law enforcement.
Notes of Decisions
Cited in 19
cases (1 in the last 5 years), 1963–2026 · leading case: State v. O'NEILL, 796 P.2d 121 (Idaho 1990).
State v. O'NEILL, 796 P.2d 121 (Idaho 1990). “The statute of limitations (I.C. § 19-402) had been amended by the Idaho State Legislature in 1985, providing for a five year statute of limitations.”
State v. Barnes, 859 P.2d 1387 (Idaho 1993). “Idaho Code § 19-402 (1) was amended in 1992 and now provides that a prosecution for theft must be commenced within five years after its commission.”
State v. Maidwell, 50 P.3d 439 (Idaho 2002). “The plain language of I.C. § 19-402(1) states that the statute of limitations begins to run when the crime is committed.”
State v. Burchard, 848 P.2d 440 (Idaho Ct. App. 1993). “Burchard contended that his crimes were governed by the three-year statute of limitation applicable to all felonies, I.C. § 19-402, not the *384 longer five-year statute of limitation, I.”
State v. Amerson, 925 P.2d 399 (Idaho Ct. App. 1996). “All that was required was that the state prove that the statute had been tolled for a sufficient length of time to permit prosecution within the time allowed by I.C. § 19-402. Amerson poses an additional argument with regard to the tolling issue, concerning the state’s burden of…”
State v. Ruiz, 678 P.2d 1109 (Idaho 1984). “As to the instant case, our dismissal at this point will not prevent refiling in consideration of the relevant statute of limitations, see I.C. § 19-402, nor do we deem refiling would be prevented under the speedy trial guarantee of the sixth amendment, see United States v.”
State v. Coleman, 915 P.2d 28 (Idaho Ct. App. 1996). “Coleman, through his counsel, moved the district court for dismissal of the charges, claiming that the prosecution of the offenses against him was barred by the statute of limitation, I.C. § 19-402, and was not within the exceptions outlined in I.”
State v. Claxton, 918 P.2d 1227 (Idaho Ct. App. 1996). “At the time Claxton committed the criminal acts, I.C. § 19-402 stated, in pertinent part, “A prosecution for any felony committed upon or against a minor child must be commenced within five (5) years after the commission of the offense by the filing of the complaint or a finding…”
Billings v. Sisters of Mercy of Idaho, 389 P.2d 224 (Idaho 1964). “It is emphasized that statutes of limitations are statutes of repose, which require that litigation be initiated within the times prescribed by the legislature.”
State v. Rae, 84 P.3d 586 (Idaho Ct. App. 2004). “, five-year statute of limitations under I.C. § 19-402, and forego the possibility of obtaining a conviction on the lesser included offense of misdemeanor assault.”
Jacobson v. Winter, 415 P.2d 297 (Idaho 1966). “) I.C. § 19-402: “A prosecution for any other felony than murder must be commenced by the filing of the complaint or the finding of an indictment within three years after its commission.”
Clark v. Meehl, 570 P.2d 1331 (Idaho 1977). “I.C. § 19-402 provides, “A prosecution for any other felony than murder must be commenced by the filing of the complaint or the finding of an indictment within three (3) years after its commission.”
— Idaho Code § 19-402(1) — 2 cases
State v. Barnes, 859 P.2d 1387 (Idaho 1993). “Idaho Code § 19-402 (1) was amended in 1992 and now provides that a prosecution for theft must be commenced within five years after its commission.”
State v. Maidwell, 50 P.3d 439 (Idaho 2002). “The plain language of I.C. § 19-402(1) states that the statute of limitations begins to run when the crime is committed.”
— Idaho Code § 19-402(2) — 1 case
State v. Claxton, 918 P.2d 1227 (Idaho Ct. App. 1996). “At the time Claxton committed the criminal acts, I.C. § 19-402 stated, in pertinent part, “A prosecution for any felony committed upon or against a minor child must be commenced within five (5) years after the commission of the offense by the filing of the complaint or a finding…”
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