Idaho Code
Idaho Code § 36-1406 (2026)
Statute of limitation for misdemeanors.
✓ current as of May 2026
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Statute of limitation for misdemeanors.
(1) Notwithstanding any other provision of law, a prosecution for misdemeanors under the provisions of this title must be commenced by the issuance of a citation or filing of a complaint within two (2) years after its commission for the unlawful sale or purchase of wildlife as set forth in section 36-501, Idaho Code.
(2) Notwithstanding any other provision of law, a prosecution for misdemeanors under the provisions of this title must be commenced by the issuance of a citation or filing of a complaint within five (5) years after its commission: (a) for unlawfully taking or possessing any big game animal, caribou or grizzly bear; or (b) for unlawfully purchasing, possessing or using any license, tag or permit by any person who does not reside in the state of Idaho at the time of purchase.
(3) The prosecution for all other misdemeanors under this title must be commenced as provided in section 19-403, Idaho Code.
Notes of Decisions
Cited in 1
case, 2002–2002 · leading case: State v. Maidwell, 50 P.3d 439 (Idaho 2002).
State v. Maidwell, 50 P.3d 439 (Idaho 2002). “On June 9, 1999, Maidwell moved to dismiss the charge against him on the ground that prosecution for that charge was barred by the two-year statute of limitations provided in Idaho Code § 36-1406 . That motion was heard on August 5, 1999.”
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