Idaho Code
Idaho Code

Idaho Code § 23-938 (2026)

Selling liquor without license — Penalty. 

✓ current as of May 2026
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Selling liquor without license — Penalty. 

Any person who sells or keeps for sale any liquor without a license as provided in this act shall be guilty of a felony and upon conviction thereof shall be fined not less than one thousand dollars ($1,000) or more than five thousand dollars ($5,000), or be imprisoned in the state prison for not less than one (1) year nor more than five (5) years, or both such fine and imprisonment.

Notes of Decisions
Cited in 5 cases, 1949–1965 · leading case: Howard v. Felton, 379 P.2d 414 (Idaho 1963).
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Howard v. Felton, 379 P.2d 414 (Idaho 1963). · cites it 4× “Whitlock with selling liquor without a license, a felony as defined by I.C. § 23-938. Appellant, Henry Felton, and his son, Warren Felton, both attorneys, were engaged as counsel to, and did, represent the accused in both cases.”
State v. Grady, 404 P.2d 347 (Idaho 1965). · cites it 2× “The failure of the information to specify the “intoxicating liquor” allegedly sold was one dispensed by or in the state liquor store cannot be considered a fatal defect, because the gravamen of the offense as defined by I.C. § 23-938, is the sale of any liquor without a license,…”
State v. Whitlock, 356 P.2d 492 (Idaho 1960). · cites it 2× “Appellant is charged with the crime of selling liquor without a license to one Ray Beman, in violation of I.C. § 23-938. The crime was alleged to have been committed April 18, 1959, and the facts relating thereto are substantially as follows: On the date in question, appellant…”
State v. Teninty, 212 P.2d 412 (Idaho 1949). · cites it 2× “Section 23-938, I.C., makes it unlawful to sell intoxicating liquor without a license as provided for in the Act of 1947.”
State v. Martin, 255 P.2d 713 (Idaho 1953). · cites it 4× “The charge in the information is as follows : “That the said Kay Martin on or about the 31st day of March, 1952, at Burley, in the County of Cassia, State of Idaho, did then and there wilfully, intentionally and unlawfully sell intoxicating liquor, to-wit: whiskey, to Wesley…”
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