Idaho Code
Idaho Code § 20-509 (2026)
Violent offenses, controlled substances violations near schools — offenders.
✓ current as of May 2026
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Violent offenses, controlled substances violations near schools — offenders.
(1) Any juvenile, age fourteen (14) years to age eighteen (18) years, who is alleged to have committed any of the following crimes or any person under age fourteen (14) years who is alleged to have committed any of the following crimes and, pursuant to section 20-508, Idaho Code, has been ordered by the court to be held for adult criminal proceedings:
(a) Murder of any degree or attempted murder;
(b) Robbery;
(c) Rape as defined in section 18-6101, Idaho Code;
(d) Forcible sexual penetration by the use of a foreign object;
(e) Mayhem;
(f) Assault or battery with the intent to commit any of the serious felonies provided in this section;
(g) A violation of the provisions of section 37-2732(a)(1)(A), (B) or (C), Idaho Code, when the violation occurred on or within one thousand (1,000) feet of the property of any public or private primary or secondary school, or in those portions of any building, park, stadium or other structure or grounds that were, at the time of the violation, being used for an activity sponsored by or through such a school; and
(h) Arson in the first degree and aggravated arson;
shall be charged, arrested and proceeded against by complaint, indictment or information as an adult. All other felonies or misdemeanors charged in the complaint, indictment or information that are based on the same act or transaction or on one (1) or more acts or transactions as the violent or controlled substances offense shall similarly be charged, arrested and proceeded against as an adult. Any juvenile proceeded against pursuant to this section shall be accorded all constitutional rights, including bail and trial by jury, and procedural safeguards as if that juvenile were an adult defendant.
(2) A juvenile who has been formally charged or indicted pursuant to this section or has been transferred for criminal prosecution as an adult pursuant to the waiver provisions of section 20-508, Idaho Code, or this section shall not be held in a jail or lockup for adults unless a court finds, after a hearing and in writing, that it is in the interest of justice.
(a) In determining whether it is in the interest of justice to permit a juvenile to be held in any jail or lockup for adults or have sight or sound contact with adult inmates, a court shall consider:
(i) The age of the juvenile;
(ii) The physical and mental maturity of the juvenile;
(iii) The present mental state of the juvenile, including whether the juvenile presents an imminent risk of self-harm;
(iv) The nature and circumstances of the alleged offense;
(v) The juvenile’s history of prior delinquent acts;
(vi) The relative ability of the available adult and juvenile detention facilities not only to meet the specific needs of the juvenile but also to protect the safety of the public as well as other detained youth; and
(vii) Any other relevant factor.
(b) If a court determines pursuant to this subsection that it is in the interest of justice to permit a juvenile to be held in any jail or lockup for adults:
(i) The court shall hold a hearing not less frequently than once every thirty (30) days to review whether it is still in the interest of justice to permit the juvenile to be so held or have such sight or sound contact; and
(ii) The juvenile shall not be held in any jail or lockup for adults or permitted to have sight or sound contact with adult inmates for more than one hundred eighty (180) days unless the court, in writing, determines there is good cause for an extension or the juvenile expressly waives this limitation.
(3) Except as otherwise allowed by subsection (4) of this section, once a juvenile offender has been found to have committed the offense for which the juvenile offender was charged, indicted or transferred pursuant to this section or section 20-508, Idaho Code, or has been found guilty or pled guilty to a lesser offense or amended charge growing out of or included within the original charge, whether or not such lesser offense or amended charge is included within the acts enumerated in subsection (1) of this section, the juvenile offender shall thereafter be handled in every respect as an adult. For any subsequent violation of Idaho law, the juvenile offender shall be handled in every respect as an adult.
(4) Upon the conviction of a juvenile offender pursuant to this section, the sentencing judge may, if a finding is made that adult sentencing measures would be inappropriate:
(a) Sentence the convicted person in accordance with the juvenile sentencing options set forth in this chapter; or
(b) Sentence the convicted person to the county jail or to the custody of the state board of correction but suspend the sentence pursuant to section 19-2601A, Idaho Code, and commit the defendant to the dual custody of the department of juvenile corrections and the state board of correction.
Notes of Decisions
Cited in 21
cases (5 in the last 5 years), 1998–2026 · leading case: State v. Burnight, 978 P.2d 214 (Idaho 1999).
State v. Burnight, 978 P.2d 214 (Idaho 1999). “In denying Burnight’s claim that sentence enhancements for firearm possession during commission of a crime could not be applied to juveniles, the district judge held that I.C. § 20-509 allows for sentence enhancements because the statute states that such juveniles “shall .”
State v. Orozco, 483 P.3d 331 (Idaho 2021). “Idaho Code section 20-509, which is sometimes referred to as an “automatic waiver,” mandates that a juvenile accused of committing one of the enumerated offenses “shall be charged, arrested and proceeded against by complaint, indictment or information as an adult.”
State v. Daniel Jensen, 385 P.3d 5 (Idaho Ct. App. 2016). “Idaho Code § 20-509 operates to automatically waive minors between the ages of fourteen and eighteen into adult court for certain enumerated crimes, including attempted fust degree murder.”
State v. Doe, 207 P.3d 974 (Idaho 2009). “The JCA permits juveniles to be released "to their own home, to a residential community based program, to a nonresidential community based treatment program, to an approved independent living setting, or to other appropriate residences." I.C. § 20-533(2). During such time, the…”
State v. Campbell, 509 P.3d 1161 (Idaho 2022). “He was charged as an adult pursuant to Idaho Code section 20-509. Campbell ultimately pleaded guilty to amended charges: two counts of battery with attempt to commit rape, both against the same victim.”
State v. Pauls, 101 P.3d 235 (Idaho Ct. App. 2004). “Specifically, Pauls contends that the district court acted in contravention of I.C. § 20-509 because the statute does not permit the previously suspended portion of Pauls’s sentence to be executed when there is no allegation that Pauls violated the terms of her probation.”
State v. Kavajecz, 80 P.3d 1083 (Idaho 2003). “The only exception to that is provided by I.C. § 20-509. There, the legislature lists nine serious crimes or categories of crimes for which a minor under the age of fourteen may be criminally tried as an adult if waived into district court pursuant to I.”
State v. Cota-Medina, 416 P.3d 965 (Idaho 2018). “The crime Cota-Medina was charged with-trafficking heroin-is not listed in Section 20-509, and as such he is not automatically subject to adult court jurisdiction.”
State v. Doe, 52 P.3d 335 (Idaho Ct. App. 2002). “Idaho Code § 20-509 provides in pertinent part: (1) Any juvenile, age fourteen (14) years to age eighteen (18) years, who is alleged to have committed any of the following crimes or any person under age fourteen (14) who is alleged to have committed any of the following crimes…”
State v. Shanahan, 994 P.2d 1059 (Idaho Ct. App. 1999). “See I.C. § 20-509(1). 2 . The Court also declines Shanahan's invitation to compare his sentences to those of his co-defendants.”
State v. Thorp, 2 P.3d 903 (Or. Ct. App. 2000). “Idaho Code § 20-509 . Montana is similar.”
State v. Angel C., 715 A.2d 652 (Conn. 1998). “) (granting exclusive criminal court jurisdiction when statutory criteria met; judicial and prosecu-torial discretion to transfer to juvenile court); Idaho Code § 20-509 (1997) (mandatory adult treatment if criteria met); Ind.”
— Idaho Code § 20-509(1) — 4 cases
State v. Orozco, 483 P.3d 331 (Idaho 2021). “Idaho Code section 20-509, which is sometimes referred to as an “automatic waiver,” mandates that a juvenile accused of committing one of the enumerated offenses “shall be charged, arrested and proceeded against by complaint, indictment or information as an adult.”
State v. Shanahan, 994 P.2d 1059 (Idaho Ct. App. 1999). “See I.C. § 20-509(1). 2 . The Court also declines Shanahan's invitation to compare his sentences to those of his co-defendants.”
State v. Orozco (Idaho 2021).
Dustin Mark Johnston v. State (Idaho Ct. App. 2013).
— Idaho Code § 20-509(1)(a) — 1 case
State v. Doe, 207 P.3d 974 (Idaho 2009). “The JCA permits juveniles to be released "to their own home, to a residential community based program, to a nonresidential community based treatment program, to an approved independent living setting, or to other appropriate residences." I.C. § 20-533(2). During such time, the…”
— Idaho Code § 20-509(1)(b) — 1 case
Dustin Mark Johnston v. State (Idaho Ct. App. 2013).
— Idaho Code § 20-509(1)(c) — 2 cases
State v. Campbell, 509 P.3d 1161 (Idaho 2022). “He was charged as an adult pursuant to Idaho Code section 20-509. Campbell ultimately pleaded guilty to amended charges: two counts of battery with attempt to commit rape, both against the same victim.”
State v. Campbell (Idaho 2022).
— Idaho Code § 20-509(3) — 2 cases
State v. Burnight, 978 P.2d 214 (Idaho 1999). “In denying Burnight’s claim that sentence enhancements for firearm possession during commission of a crime could not be applied to juveniles, the district judge held that I.C. § 20-509 allows for sentence enhancements because the statute states that such juveniles “shall .”
State v. Pauls, 101 P.3d 235 (Idaho Ct. App. 2004). “Specifically, Pauls contends that the district court acted in contravention of I.C. § 20-509 because the statute does not permit the previously suspended portion of Pauls’s sentence to be executed when there is no allegation that Pauls violated the terms of her probation.”
— Idaho Code § 20-509(4) — 8 cases
State v. Burnight, 978 P.2d 214 (Idaho 1999). “In denying Burnight’s claim that sentence enhancements for firearm possession during commission of a crime could not be applied to juveniles, the district judge held that I.C. § 20-509 allows for sentence enhancements because the statute states that such juveniles “shall .”
State v. Campbell, 509 P.3d 1161 (Idaho 2022). “He was charged as an adult pursuant to Idaho Code section 20-509. Campbell ultimately pleaded guilty to amended charges: two counts of battery with attempt to commit rape, both against the same victim.”
State v. Orozco, 483 P.3d 331 (Idaho 2021). “Idaho Code section 20-509, which is sometimes referred to as an “automatic waiver,” mandates that a juvenile accused of committing one of the enumerated offenses “shall be charged, arrested and proceeded against by complaint, indictment or information as an adult.”
State v. Daniel Jensen, 385 P.3d 5 (Idaho Ct. App. 2016). “Idaho Code § 20-509 operates to automatically waive minors between the ages of fourteen and eighteen into adult court for certain enumerated crimes, including attempted fust degree murder.”
State v. Shanahan, 994 P.2d 1059 (Idaho Ct. App. 1999). “See I.C. § 20-509(1). 2 . The Court also declines Shanahan's invitation to compare his sentences to those of his co-defendants.”
— Idaho Code § 20-509(4)(a) — 1 case
State v. Pauls, 101 P.3d 235 (Idaho Ct. App. 2004). “Specifically, Pauls contends that the district court acted in contravention of I.C. § 20-509 because the statute does not permit the previously suspended portion of Pauls’s sentence to be executed when there is no allegation that Pauls violated the terms of her probation.”
— Idaho Code § 20-509(4)(b) — 1 case
State v. Pauls, 101 P.3d 235 (Idaho Ct. App. 2004). “Specifically, Pauls contends that the district court acted in contravention of I.C. § 20-509 because the statute does not permit the previously suspended portion of Pauls’s sentence to be executed when there is no allegation that Pauls violated the terms of her probation.”
— Idaho Code § 20-509(4)(e) — 1 case
State v. Pauls, 101 P.3d 235 (Idaho Ct. App. 2004). “Specifically, Pauls contends that the district court acted in contravention of I.C. § 20-509 because the statute does not permit the previously suspended portion of Pauls’s sentence to be executed when there is no allegation that Pauls violated the terms of her probation.”
— Idaho Code § 20-509(8)(c) — 1 case
State v. John Doe (2024-36) (Idaho Ct. App. 2026).
— Idaho Code § 20-509(b) — 2 cases
State v. Orozco, 483 P.3d 331 (Idaho 2021). “Idaho Code section 20-509, which is sometimes referred to as an “automatic waiver,” mandates that a juvenile accused of committing one of the enumerated offenses “shall be charged, arrested and proceeded against by complaint, indictment or information as an adult.”
State v. Orozco (Idaho 2021).
— Idaho Code § 20-509(l)(a) — 1 case
State v. Doe, 207 P.3d 974 (Idaho 2009). “The JCA permits juveniles to be released "to their own home, to a residential community based program, to a nonresidential community based treatment program, to an approved independent living setting, or to other appropriate residences." I.C. § 20-533(2). During such time, the…”
— Idaho Code § 20-509(l)(c) — 1 case
State v. Doe, 52 P.3d 335 (Idaho Ct. App. 2002). “Idaho Code § 20-509 provides in pertinent part: (1) Any juvenile, age fourteen (14) years to age eighteen (18) years, who is alleged to have committed any of the following crimes or any person under age fourteen (14) who is alleged to have committed any of the following crimes…”
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