18-2401. CONSOLIDATION OF THEFT OFFENSES. (1) Conduct denominated theft in this chapter constitutes a single offense superceding the separate offenses previously known as embezzlement, extortion, false pretenses, cheats, misrepresentations, larceny and receiving stolen goods. (2) An accusation of theft may be supported by evidence that it was committed in any manner that would be theft […]
18-2402. DEFINITIONS. The following definitions are applicable to this chapter: (1) "Appropriate." To "appropriate" property of another to oneself or a third person means: (a) To exercise control over it, or to aid a third person to exercise control over it, permanently or for so extended a period or under such circumstances as to acquire […]
18-2403. THEFT. (1) A person steals property and commits theft when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof. (2) Theft includes a wrongful taking, obtaining or withholding of another’s property, with […]
18-2404. PRIMA FACIE EVIDENCE — THEFT BY LESSEE. It shall be prima facie evidence that a person knowingly obtains or exerts unauthorized control over property of the owner when a lessee of the personal property of another, leased or rented by written instrument: (1) Fails or refuses to return such personal property to its owner […]
18-2405. PROOF OF FRAUDULENT INTENT IN PROCURING FOOD, LODGING OR OTHER ACCOMMODATIONS. Proof that lodging, food or other accommodation was obtained by any deception or false pretense, or by any false or fictitious show or pretense of any baggage or other property, or that any person absconded without paying or offering to pay for such […]
18-2406. DEFENSES. (1) It is no defense to a charge of theft of property that the offender has an interest therein, when the owner also has an interest to which the offender is not entitled. (2) Where the property involved is that of the offender’s spouse, no prosecution for theft may be maintained unless the […]
18-2407. GRADING OF THEFT. Theft is divided into two (2) degrees, grand theft and petit theft. (1) Grand theft. (a) A person is guilty of grand theft when he commits a theft as defined in this chapter and when the property, regardless of its nature and value, is obtained by extortion committed by instilling in […]
18-2408. PUNISHMENT FOR THEFT. (1) Grand theft committed in a manner prescribed in subsection (1)(a) of section 18-2407, Idaho Code, is a felony punishable by fine not exceeding ten thousand dollars ($10,000) or imprisonment in the state prison for not less than one (1) year nor more than twenty (20) years, or by both such […]
18-2409. PLEADING AND PROOF. (1) Where it is an element of the crime charged that property was taken from the person or obtained by extortion, an indictment, complaint or information for theft must so specify. In all other cases, an indictment, information or complaint for theft is sufficient if it alleges that the defendant stole […]
18-2410. PROHIBITING DEFACING, ALTERING OR OBLITERATING NUMBERS — SALES PROHIBITED — PENALTY. (1) Any person who, with intent to deceive or defraud others, shall deface, alter, remove, cover, destroy or obliterate the manufacturer’s serial or identification number on any item of property shall be guilty of a felony. (2) Any person or persons who, with […]
18-2411. UNLAWFUL USE OF THEFT DETECTION SHIELDING DEVICES. (1) A person commits unlawful use of a theft detection shielding device when he knowingly manufacturers [manufactures], sells, offers for sale or distributes any laminated, or coated bag or device peculiar to shielding and intended to shield merchandise from detection by an electronic or magnetic theft alarm […]
18-2415. SCANNING — REENCODING. (1) As used in this section, the term: (a) "Scanning device" means a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card. (b) "Reencoder" means an electronic […]
18-2416. SHORT TITLE. This act may be known and cited as the "Unused Merchandise Ownership Protection Act." History: [18-2416, added 2000, ch. 130, sec. 1, p. 306.]
18-2417. DEFINITIONS. As used in the unused merchandise ownership protection act: (1) "Open market" may include a "swap meet," an "indoor swap meet" or a "flea market" and means an event at which two (2) or more persons offer personal property for sale or exchange and either: (a) A fee is charged for those persons […]
18-2418. PROHIBITED SALES — CERTAIN MERCHANDISE. (1) It is a violation of the unused merchandise ownership protection act for a vendor of unused merchandise to sell or offer for sale any baby food or infant formula, cosmetic, drug or medical device at an open market without displaying a written valid authorization from the manufacturer or […]
18-2419. RECORDKEEPING REQUIREMENTS — VIOLATIONS. (1) A vendor of unused merchandise shall maintain receipts for the vendor’s purchase of any unused merchandise sold or offered for sale by the vendor at an open market. The receipts shall be kept at the open market in which the unused merchandise is offered for sale and at the […]
18-2420. EXEMPTIONS. (1) The following persons are exempt from the provisions of the unused merchandise ownership protection act: (a) A vendor at an event organized or operated for religious, educational, charitable or other nonprofit purposes if no part of any admission fee or parking fee charged vendors or prospective purchasers and no part of the […]
18-2421. PENALTIES. A person who violates any provision of the unused merchandise ownership protection act is guilty of a misdemeanor for the first offense. Any person who pleads guilty to or is found guilty of a violation of the unused merchandise ownership protection act, or any substantially conforming statute in another state or any local […]
