Idaho Code
Idaho Code

Idaho Code § 19-404 (2026)

Absence of defendant from state. 

✓ current as of May 2026
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Absence of defendant from state. 

If, when the offense is committed, the defendant is out of the state, the indictment may be found within the term herein limited after his coming within the state, and no time during which the defendant is not an inhabitant of, or usually resident within, the state is part of the limitation.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1959–2024 · leading case: State v. Coleman, 915 P.2d 28 (Idaho Ct. App. 1996).
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State v. Coleman, 915 P.2d 28 (Idaho Ct. App. 1996). · cites it 22× “§ 19-402, and was not within the exceptions outlined in I.C. § 19-404. Coleman filed a second motion for dismissal wherein he asserted that the statutes criminalizing lewd conduct with a minor and infamous crime against nature, as they existed at the time of the alleged…”
State v. Amerson, 925 P.2d 399 (Idaho Ct. App. 1996). · cites it 4× “Evidently, the prosecutor subsequently concluded that Amerson’s absence from the state of Idaho could be proved in order to toll the limitation under I.C. § 19-404. The complaint was then filed in February, 1993, containing detailed allegations relating to Amer-son’s absence…”
State v. Morris, 340 P.2d 447 (Idaho 1959). · cites it 4× “§ 19-1711, which reads: “When the objections declared grounds of demurrer by this chapter appear upon the face of the indictment, they can only be taken by demurrer, except that the objections to the jurisdiction of the court over the subject of the indictment, or that the facts…”
State v. Luis Adame Juarez, 356 P.3d 384 (Idaho 2015). · cites it 2× “I.C. § 19-404. 4 . Idaho Misdemeanor Criminal Rule 3(b) provides that a citation may be used as the complaint.”
The People v. Harvey Weinstein (NY 2024). “…that “all periods of a day or more” during 5 See e.g. AK ST § 12.10.040 (a); AZ ST § 13-107 (D); CT ST § 54-193 (e); Idaho Code Ann § 19-404; ILCS CH 720 § 5/3-7 (a) (1); Ind Code Ann 35-41-4-2 (h) (1); IA ST § 802.6 (1); MA ST 277 § 63; MI ST 767.24 (11); MN ST § 628.26 (1);…”
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