18-201. PERSONS CAPABLE OF COMMITTING CRIMES. All persons are capable of committing crimes, except those belonging to the following classes: 1. Persons who committed the act or made the omission charged, under an ignorance or mistake of fact which disproves any criminal intent. 2. Persons who committed the act charged without being conscious thereof. 3. […]
18-202. TERRITORIAL JURISDICTION OVER ACCUSED PERSONS LIABLE TO PUNISHMENT. The following persons are liable to punishment under the laws of this state: 1. All persons who commit, in whole or in part, any crime within this state. 2. All who commit larceny or robbery out of this state, and bring to, or are found with […]
18-203. CLASSIFICATION OF PARTIES. The parties to crimes are classified as: 1. Principals; and 2. Accessories. History: [18-203, added 1972, ch. 336, sec. 1, p. 849.]
18-204. PRINCIPALS DEFINED. All persons concerned in the commission of a crime, whether it be felony or misdemeanor, and whether they directly commit the act constituting the offense or aid and abet in its commission, or, not being present, have advised and encouraged its commission, or who, by fraud, contrivance, or force, occasion the intoxication […]
18-205. ACCESSORIES DEFINED. All persons are accessories who, having knowledge that a felony has been committed: (1) Willfully withhold or conceal it from a peace officer, judge, magistrate, grand jury or trial jury; or (2) Harbor and protect a person who committed such felony or who has been charged with or convicted thereof. History: [18-205, […]
18-206. PUNISHMENT OF ACCESSORIES. Except in cases where a different punishment is prescribed, an accessory is punishable by imprisonment in the state prison not exceeding five (5) years, or by fine not exceeding fifty thousand dollars ($50,000), or by both such fine and imprisonment. History: [18-206, added 1972, ch. 336, sec. 1, p. 850; am. […]
18-207. MENTAL CONDITION NOT A DEFENSE — PROVISION FOR TREATMENT DURING INCARCERATION — RECEPTION OF EVIDENCE — NOTICE AND APPOINTMENT OF EXPERT EXAMINERS. (1) Mental condition shall not be a defense to any charge of criminal conduct. (2) If by the provisions of section 19-2523, Idaho Code, the court finds that one convicted of crime […]
18-210. LACK OF CAPACITY TO UNDERSTAND PROCEEDINGS — DELAY OF TRIAL. No person who as a result of mental disease or defect lacks capacity to understand the proceedings against him or to assist in his own defense shall be tried, convicted, sentenced or punished for the commission of an offense so long as such incapacity […]
18-211. EXAMINATION OF DEFENDANT — APPOINTMENT OF PSYCHIATRISTS AND LICENSED PSYCHOLOGISTS — HOSPITALIZATION — REPORT. (1) Whenever there is reason to doubt the defendant’s fitness to proceed as set forth in section 18-210, Idaho Code, the court shall appoint at least one (1) qualified psychiatrist or licensed psychologist or shall request the director of the […]
18-212. DETERMINATION OF FITNESS OF DEFENDANT TO PROCEED — SUSPENSION OF PROCEEDING AND COMMITMENT OF DEFENDANT — POSTCOMMITMENT HEARING. (1) When the defendant’s fitness to proceed is drawn in question, the issue shall be determined by the court. The court shall also determine, based on the examiner’s findings, whether the defendant lacks capacity to make […]
18-215. ADMISSIBILITY OF STATEMENTS BY EXAMINED PERSON. A statement made by a person subjected to psychiatric or psychological examination or treatment pursuant to sections 18-211, 18-212 or 19-2522, Idaho Code, for the purposes of such examination or treatment shall not be admissible in evidence in any criminal proceeding against him on any issue other than […]
18-217. MENTAL HEALTH RECORDS OF OFFENDERS. (1) For purposes of care, treatment or normal health care operations, records of mental health evaluation, care and treatment shall be provided upon request to and from the mental health professionals of a governmental entity and another entity providing care or treatment for any person who is: (a) Under […]
