Idaho Code
Idaho Code § 19-5306 (2026)
Rights of victim during investigation, prosecution, and disposition of the crime.
✓ current as of May 2026
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Rights of victim during investigation, prosecution, and disposition of the crime.
(1) Each victim of a criminal or juvenile offense shall be:
(a) Treated with fairness, respect, dignity and privacy throughout the criminal justice process;
(b) Permitted to be present at all criminal justice proceedings or juvenile proceedings including probation proceedings;
(c) Entitled to a timely disposition of the case;
(d) Given prior notification of trial court, appellate, probation and parole proceedings and, upon request, to information about the sentence, incarceration, placing on probation or release of the defendant;
(e) Heard, upon request, at all criminal justice proceedings considering a plea of guilty, sentencing, incarceration, placing on probation or release of the defendant unless manifest injustice would result;
(f) Afforded the opportunity to communicate with the prosecution in criminal or juvenile offenses, and be advised of any proposed plea agreement by the prosecuting attorney prior to entering into a plea agreement in criminal or juvenile offenses involving crimes of violence, sex crimes or crimes against children;
(g) Allowed to refuse an interview, ex parte contact or other request by the defendant or any other person acting on behalf of the defendant, unless such request is authorized by law;
(h) Consulted by the presentence investigator during the preparation of the presentence report and have included in that report a statement of the impact which the defendant’s criminal conduct had upon the victim and shall be allowed to read, prior to the sentencing hearing, the presentence report relating to the crime. The victim shall maintain the confidentiality of the presentence report, and shall not disclose its contents to any person except statements made by the victim to the prosecuting attorney or the court;
(i) Assured the expeditious return of any stolen or other personal property by law enforcement agencies when no longer needed as evidence;
(j) Notified whenever the defendant or suspect is released or escapes from custody. When release is ordered prior to final conviction, notice to the victim shall be given by the law enforcement authority from whose custody the defendant was released. When the release is granted subsequent to a final conviction, notice shall be given to the victim by the law enforcement authority from whose custody the defendant was released unless release is granted by the commission of pardons and parole, in which case the commission shall notify the victim. When a release on probation is being considered following a period of retained jurisdiction, notice of the hearing shall be given to the victim by the prosecuting attorney.
(2) Upon the filing of a criminal complaint or juvenile petition, the prosecuting attorney shall inform the victim of the various opportunities provided by this section. The victim may exercise any of the rights provided by this section by completing a written request on a form provided by the prosecuting attorney to the clerk of the district court. The clerk thereafter shall notify the appropriate authorities of the victim’s requests. Notice thereafter shall be given to the victim at the address provided unless the victim subsequently provides a different address. The victim’s address shall be kept confidential by the court except for carrying out the provisions of this chapter.
(3) The provisions of this section shall apply equally to the immediate families of homicide victims or immediate families of victims of such youthful age or incapacity as precludes them from exercising these rights personally. The court may designate a representative from the immediate family to exercise these rights on behalf of a deceased, incapacitated, or minor victim.
(4) Nothing in this section shall be construed to authorize a court to dismiss a case, to set aside or void a finding of guilt or an acceptance of a plea of guilty, or to obtain appellate, habeas corpus, or other relief from any criminal judgment, for a violation of the provisions of this section; nor be construed as creating a cause of action for money damages, costs or attorney’s fees against the state, a county, a municipality, any agency, instrumentality or person; nor be construed as limiting any rights for victims previously conferred by statute; nor be construed to require the court appointment of legal counsel or the payment of transportation costs.
(5) As used in this section:
(a) "Victim" is an individual who suffers direct or threatened physical, financial or emotional harm as the result of the commission of a crime or juvenile offense;
(b) "Criminal offense" is any charged felony or a misdemeanor involving physical injury, or the threat of physical injury, or a sexual offense;
(c) "Juvenile offense" is charged conduct that is a violation of law that brings a juvenile within the purview of chapter 5, title 20, Idaho Code, and which conduct committed by a juvenile would be a felony if committed by an adult.
Notes of Decisions
Cited in 47
cases (9 in the last 5 years), 1989–2026 · leading case: State v. Payne, 199 P.3d 123 (Idaho 2008).
State v. Payne, 199 P.3d 123 (Idaho 2008). “Idaho Code § 19-5306 provides many rights to victims, including that each victim of a crime shall be heard, upon request, at sentencing.”
State v. Lampien, 223 P.3d 750 (Idaho 2009). “This Court has not previously considered the narrow issue of whether a prosecutor’s promises made pursuant to a plea agreement bind officers of law enforcement departments who were victims of the defendant’s crime, thereby prohibiting them from making victim statements under…”
State v. Azad Haji Abdullah, 348 P.3d 1 (Idaho 2015). “Abdullah argues that Idaho Code section 19-5306 does not permit step-siblings the opportunity to offer victim impact evidence because they are not immediate family members.”
State v. Robert Cassidy Hansen, 321 P.3d 719 (Idaho 2014). “The Idaho Constitution guarantees crime victims the right “[t]o be heard, upon request, at all criminal justice proceedings considering .”
State v. Erik Virgil Hall, 419 P.3d 1042 (Idaho 2018). “Victim impact statements are permissible in capital cases per Idaho Code section 19- 2515(5)(a) and in other cases per Idaho Code section 19-5306(1)(e). Section 19-2515(5)(a), while permitting the statements, provides that “[c]haracterizations and opinions about the crime, the…”
State v. Leon, 132 P.3d 462 (Idaho Ct. App. 2006). “” (Emphasis added.) Thus, in adopting I.C. § 19-5306, the legislature could have limited the victim’s right to that allowed under the previous version of the statute—the right to address the court under oath—but the legislature did not do so.”
State v. Dale Carter Shackelford, 314 P.3d 136 (Idaho 2013). “Specifically, Shackelford contends that the written statement of Birrell should have been stricken as an attachment to the updated PSI because this Court’s interpretation of I.C. § 19-5306 in State v. Payne prevents the district court from admitting a victim statement from a…”
State v. Matteson, 851 P.2d 336 (Idaho 1993). “2 Matteson argues this testimony exceeded the permissible bounds of victim impact testimony allowed by I.C. § 19-5306 3 and I.C.R. 32(b)(1). 4 Victim impact statements are permissible and in fact are mandated at sentencing by 1.”
State v. Searcy, 798 P.2d 914 (Idaho 1990). “Searcy argues that the victim impact statement was irrelevant to sentencing considerations even though he acknowledges that its use by the sentencing court is mandated by I.”
State v. Charboneau, 774 P.2d 299 (Idaho 1989). “I perceive no constitutional invalidity of that statutory scheme since here we consider only Idaho’s mandated court setting of the death penalty.”
State v. Jones, 115 P.3d 764 (Idaho Ct. App. 2005). “I.C. § 19-5306(3). However, this issue has not been preserved for appeal.”
State v. Woodrow John Grant, 297 P.3d 244 (Idaho 2013). “Grant overlooks the fact that this Court — as opposed to only the Court of Appeals — has held that the Payne v.”
— Idaho Code § 19-5306(1)(b) — 3 cases
State v. Donald Leonard Houser, 314 P.3d 203 (Idaho Ct. App. 2013).
State v. Don Edward Collom (Idaho Ct. App. 2016).
State v. John Doe (Idaho Ct. App. 2021).
— Idaho Code § 19-5306(1)(c) — 1 case
State v. Leon, 132 P.3d 462 (Idaho Ct. App. 2006). “” (Emphasis added.) Thus, in adopting I.C. § 19-5306, the legislature could have limited the victim’s right to that allowed under the previous version of the statute—the right to address the court under oath—but the legislature did not do so.”
— Idaho Code § 19-5306(1)(d) — 1 case
State v. Donald Leonard Houser, 314 P.3d 203 (Idaho Ct. App. 2013).
— Idaho Code § 19-5306(1)(e) — 7 cases
State v. Erik Virgil Hall, 419 P.3d 1042 (Idaho 2018). “Victim impact statements are permissible in capital cases per Idaho Code section 19- 2515(5)(a) and in other cases per Idaho Code section 19-5306(1)(e). Section 19-2515(5)(a), while permitting the statements, provides that “[c]haracterizations and opinions about the crime, the…”
State v. Lampien, 223 P.3d 750 (Idaho 2009). “This Court has not previously considered the narrow issue of whether a prosecutor’s promises made pursuant to a plea agreement bind officers of law enforcement departments who were victims of the defendant’s crime, thereby prohibiting them from making victim statements under…”
State v. Woodrow John Grant, 297 P.3d 244 (Idaho 2013). “Grant overlooks the fact that this Court — as opposed to only the Court of Appeals — has held that the Payne v.”
State v. Robert Cassidy Hansen, 321 P.3d 719 (Idaho 2014). “The Idaho Constitution guarantees crime victims the right “[t]o be heard, upon request, at all criminal justice proceedings considering .”
State v. Palken (Idaho Ct. App. 2023).
— Idaho Code § 19-5306(1)(h) — 6 cases
State v. Payne, 199 P.3d 123 (Idaho 2008). “Idaho Code § 19-5306 provides many rights to victims, including that each victim of a crime shall be heard, upon request, at sentencing.”
State v. Robert Cassidy Hansen, 321 P.3d 719 (Idaho 2014). “The Idaho Constitution guarantees crime victims the right “[t]o be heard, upon request, at all criminal justice proceedings considering .”
State v. Neuenschwander (Idaho Ct. App. 2023).
State v. Bridgman (Idaho Ct. App. 2022).
State of Idaho v. Darrell Edward Payne (Idaho 2008).
— Idaho Code § 19-5306(3) — 12 cases
State v. Payne, 199 P.3d 123 (Idaho 2008). “Idaho Code § 19-5306 provides many rights to victims, including that each victim of a crime shall be heard, upon request, at sentencing.”
State v. Azad Haji Abdullah, 348 P.3d 1 (Idaho 2015). “Abdullah argues that Idaho Code section 19-5306 does not permit step-siblings the opportunity to offer victim impact evidence because they are not immediate family members.”
State v. Robert Cassidy Hansen, 321 P.3d 719 (Idaho 2014). “The Idaho Constitution guarantees crime victims the right “[t]o be heard, upon request, at all criminal justice proceedings considering .”
State v. Jones, 115 P.3d 764 (Idaho Ct. App. 2005). “I.C. § 19-5306(3). However, this issue has not been preserved for appeal.”
State v. Leon, 132 P.3d 462 (Idaho Ct. App. 2006). “” (Emphasis added.) Thus, in adopting I.C. § 19-5306, the legislature could have limited the victim’s right to that allowed under the previous version of the statute—the right to address the court under oath—but the legislature did not do so.”
— Idaho Code § 19-5306(5)(a) — 15 cases
State v. Payne, 199 P.3d 123 (Idaho 2008). “Idaho Code § 19-5306 provides many rights to victims, including that each victim of a crime shall be heard, upon request, at sentencing.”
State v. Robert Cassidy Hansen, 321 P.3d 719 (Idaho 2014). “The Idaho Constitution guarantees crime victims the right “[t]o be heard, upon request, at all criminal justice proceedings considering .”
State v. Lampien, 223 P.3d 750 (Idaho 2009). “This Court has not previously considered the narrow issue of whether a prosecutor’s promises made pursuant to a plea agreement bind officers of law enforcement departments who were victims of the defendant’s crime, thereby prohibiting them from making victim statements under…”
State v. Leon, 132 P.3d 462 (Idaho Ct. App. 2006). “” (Emphasis added.) Thus, in adopting I.C. § 19-5306, the legislature could have limited the victim’s right to that allowed under the previous version of the statute—the right to address the court under oath—but the legislature did not do so.”
State v. Dale Carter Shackelford, 314 P.3d 136 (Idaho 2013). “Specifically, Shackelford contends that the written statement of Birrell should have been stricken as an attachment to the updated PSI because this Court’s interpretation of I.C. § 19-5306 in State v. Payne prevents the district court from admitting a victim statement from a…”
— Idaho Code § 19-5306(5)(b) — 2 cases
State v. Lampien, 223 P.3d 750 (Idaho 2009). “This Court has not previously considered the narrow issue of whether a prosecutor’s promises made pursuant to a plea agreement bind officers of law enforcement departments who were victims of the defendant’s crime, thereby prohibiting them from making victim statements under…”
State of Idaho v. Melanie Lampien (Idaho 2009).
— Idaho Code § 19-5306(e) — 2 cases
State v. Lovelace, 90 P.3d 298 (Idaho 2004).
State v. Guerrero, 940 P.2d 419 (Idaho Ct. App. 1997).
— Idaho Code § 19-5306(l)(b) — 2 cases
State v. Charboneau, 774 P.2d 299 (Idaho 1989). “I perceive no constitutional invalidity of that statutory scheme since here we consider only Idaho’s mandated court setting of the death penalty.”
State v. Donald Leonard Houser, 314 P.3d 203 (Idaho Ct. App. 2013).
— Idaho Code § 19-5306(l)(d) — 2 cases
State v. Corey Allen Thiel, 343 P.3d 1110 (Idaho 2015).
State v. Donald Leonard Houser, 314 P.3d 203 (Idaho Ct. App. 2013).
— Idaho Code § 19-5306(l)(e) — 6 cases
State v. Jones, 115 P.3d 764 (Idaho Ct. App. 2005). “I.C. § 19-5306(3). However, this issue has not been preserved for appeal.”
State v. Leon, 132 P.3d 462 (Idaho Ct. App. 2006). “” (Emphasis added.) Thus, in adopting I.C. § 19-5306, the legislature could have limited the victim’s right to that allowed under the previous version of the statute—the right to address the court under oath—but the legislature did not do so.”
State v. Azad Haji Abdullah, 348 P.3d 1 (Idaho 2015). “Abdullah argues that Idaho Code section 19-5306 does not permit step-siblings the opportunity to offer victim impact evidence because they are not immediate family members.”
State v. Lovelace, 90 P.3d 298 (Idaho 2004).
State v. Corey Allen Thiel, 343 P.3d 1110 (Idaho 2015).
— Idaho Code § 19-5306(l)(h) — 2 cases
State v. Payne, 199 P.3d 123 (Idaho 2008). “Idaho Code § 19-5306 provides many rights to victims, including that each victim of a crime shall be heard, upon request, at sentencing.”
State v. Dale Carter Shackelford, 314 P.3d 136 (Idaho 2013). “Specifically, Shackelford contends that the written statement of Birrell should have been stricken as an attachment to the updated PSI because this Court’s interpretation of I.C. § 19-5306 in State v. Payne prevents the district court from admitting a victim statement from a…”
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