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WHAT EACH CHARGE CARRIES

26 charges people actually meet, each with the section it comes from, what it requires the state to show, and the most it can carry. Idaho sorts crimes into felonies, misdemeanors and infractions, and most offense sections set their own terms, so each level here names the kind and the longest term that section allows.

26 charges

Theft

1 YEAR MISD to 20 YEAR FELONY · up to 20 years

Also searched as petit theft, grand theft, shoplifting, stealing, larceny

Wrongfully taking, obtaining or withholding another's property with intent to deprive the owner of it, graded by value and kind.

Level and maximums for Theft
LevelUp toWhen
1 YEAR MISDMisdemeanor, up to one yearUp to 1 yearUp to $1,000 fineWhenPetit theft: property worth $1,000 or less
14 YEAR FELONYFelony, up to fourteen yearsUp to 14 yearsUp to $5,000 fineWhenGrand theft: property worth more than $1,000, and most other kinds
20 YEAR FELONYFelony, up to twenty yearsUp to 20 yearsUp to $10,000 fineWhenGrand theft by extortion
Read the section →

Assault and battery

3 MONTH MISD to 15 YEAR FELONY · up to 15 years

Also searched as assault, battery, fight, hit someone, aggravated battery

An attempt or threat of violent injury with apparent ability, or the willful and unlawful use of force on another, graded by the weapon and the harm.

Level and maximums for Assault and battery
LevelUp toWhen
3 MONTH MISDMisdemeanor, up to three monthsUp to 3 monthsUp to $1,000 fineWhenAssault
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 monthsUp to $1,000 fineWhenBattery
5 YEAR FELONYFelony, up to five yearsUp to 5 yearsUp to $5,000 fineWhenAggravated assault
15 YEAR FELONYFelony, up to fifteen yearsUp to 15 yearsNone set by the section fineWhenAggravated battery
Read the section →

Driving under the influence

6 MONTH MISD to 10 YEAR FELONY · up to 10 years

Also searched as DUI, drunk driving, impaired driving, drinking and driving

Driving or being in actual physical control of a vehicle under the influence, or at 0.08 or more.

Level and maximums for Driving under the influence
LevelUp toWhen
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 monthsUp to $1,000 fineWhenFirst offense
1 YEAR MISDMisdemeanor, up to one yearUp to 1 yearUp to $2,000 fineWhenSecond within ten years: at least ten days
10 YEAR FELONYFelony, up to ten yearsUp to 10 yearsUp to $5,000 fineWhenThird within ten years
  • Idaho Code § 18-8004
  • Idaho Code § 18-8005
Read the section →

Reckless driving

6 MONTH MISD to 1 YEAR MISD · up to 1 year

Also searched as careless driving, driving dangerously

Driving carelessly and heedlessly in a way that endangers people or property, or more than twenty over in an active school or work zone.

Level and maximums for Reckless driving
LevelUp toWhen
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 monthsUp to $1,000 fineWhenFirst offense
1 YEAR MISDMisdemeanor, up to one yearUp to 1 yearUp to $2,000 fineWhenSecond within five years
Read the section →

Resisting or obstructing an officer

1 YEAR MISD · up to 1 year

Also searched as resisting arrest, obstruction, false report to police

Willfully resisting, delaying or obstructing a public officer in a duty, or knowingly giving a peace officer a false report.

Level and maximums for Resisting or obstructing an officer
LevelUp toWhen
1 YEAR MISDMisdemeanor, up to one yearUp to 1 yearUp to $1,000 fineWhenWhere no other punishment is set
Read the section →

Fleeing or eluding a peace officer

6 MONTH MISD to 5 YEAR FELONY · up to 5 years

Also searched as fleeing police, running from the police, eluding

Willfully fleeing or trying to elude a pursuing police vehicle after a signal to stop.

Level and maximums for Fleeing or eluding a peace officer
LevelUp toWhen
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 monthsUp to $1,000 fineWhenFleeing
5 YEAR FELONYFelony, up to five yearsUp to 5 yearsUp to $50,000 fineWhenThirty over the limit, damage or injury, endangering others, or leaving the state
Read the section →

Criminal trespass

6 MONTH MISD to 1 YEAR MISD · up to 1 year

Also searched as trespassing, posted land, orange paint

Entering or remaining on another's land without permission, knowing or having reason to know presence is not permitted.

Level and maximums for Criminal trespass
LevelUp toWhen
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 months$500 to $1,000 fineWhenFirst offense, other than the $300 infraction
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 months$1,500 to $3,000 fineWhenSecond within five years
1 YEAR MISDMisdemeanor, up to one yearUp to 1 year$5,000 to $10,000 fineWhenThird within ten years

A first trespass with no damage by a person who leaves when ordered is an infraction with a $300 fine.

  • Idaho Code § 18-7008
Read the section →

Disturbing the peace

6 MONTH MISD · up to 6 months

Also searched as disorderly conduct, noise complaint, fighting in public

Maliciously and willfully disturbing the peace of a gathering, neighborhood, family or person by loud noise, fighting, threats or gunfire.

Level and maximums for Disturbing the peace
LevelUp toWhen
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 monthsUp to $1,000 fineWhenAny offense
Read the section →

Marijuana possession

1 YEAR MISD to 5 YEAR FELONY · up to 5 years

Also searched as weed, cannabis, pot, THC

Possessing marijuana, including any extract or preparation containing tetrahydrocannabinol.

Level and maximums for Marijuana possession
LevelUp toWhen
1 YEAR MISDMisdemeanor, up to one yearUp to 1 yearUp to $1,000, and at least $300 for an adult fineWhenThree ounces or less
5 YEAR FELONYFelony, up to five yearsUp to 5 yearsUp to $10,000 fineWhenMore than three ounces
Read the section →

Possession of a controlled substance

1 YEAR MISD to 7 YEAR FELONY · up to 7 years

Also searched as drug possession, possession, meth, fentanyl, heroin

Possessing a controlled substance without a valid prescription, graded by schedule.

Level and maximums for Possession of a controlled substance
LevelUp toWhen
1 YEAR MISDMisdemeanor, up to one yearUp to 1 yearUp to $1,000 fineWhenSchedule I nonnarcotics and schedules III to VI
5 YEAR FELONYFelony, up to five yearsUp to 5 yearsUp to $5,000 fineWhenLSD: up to three years
7 YEAR FELONYFelony, up to seven yearsUp to 7 yearsUp to $15,000 fineWhenA schedule I narcotic or a schedule II substance
Read the section →

Drug paraphernalia

1 YEAR MISD · up to 1 year

Also searched as pipe, bong, paraphernalia

Using, or possessing with intent to use, drug paraphernalia.

Level and maximums for Drug paraphernalia
LevelUp toWhen
1 YEAR MISDMisdemeanor, up to one yearUp to 1 yearUp to $1,000 fineWhenAny offense
Read the section →

Unlawful possession of a firearm

5 YEAR FELONY · up to 5 years

Also searched as felon in possession, felon with a gun

A person previously convicted of a felony buying, owning, possessing or controlling a firearm.

Level and maximums for Unlawful possession of a firearm
LevelUp toWhen
5 YEAR FELONYFelony, up to five yearsUp to 5 yearsUp to $5,000 fineWhenAny offense
Read the section →

Weapon on school property

1 YEAR MISD · up to 1 year

Also searched as gun at school, knife at school

Possessing a firearm or other deadly or dangerous weapon on the property of an elementary or secondary school, at a school activity, or on school transportation.

Level and maximums for Weapon on school property
LevelUp toWhen
1 YEAR MISDMisdemeanor, up to one yearUp to 1 yearUp to $1,000 fineWhenAny offense
Read the section →

Unlawful interception of communications

5 YEAR FELONY · up to 5 years

Also searched as wiretapping, secret recording, eavesdropping

Willfully intercepting a communication without a party's prior consent, or disclosing or using what one knows was unlawfully intercepted.

Level and maximums for Unlawful interception of communications
LevelUp toWhen
5 YEAR FELONYFelony, up to five yearsUp to 5 yearsUp to $5,000 fineWhenAny offense
  • Idaho Code § 18-6702
Read the section →

Leaving the scene of an injury crash

5 YEAR FELONY · up to 5 years

Also searched as hit and run, leaving the scene

A driver who knows or has reason to know a crash injured or killed someone failing to stop, stay, give information and render assistance.

Level and maximums for Leaving the scene of an injury crash
LevelUp toWhen
5 YEAR FELONYFelony, up to five yearsUp to 5 yearsUp to $5,000 fineWhenAny offense

A conviction also brings a one year license revocation.

  • Idaho Code § 18-8007
Read the section →

Passing a stopped school bus

6 MONTH MISD · up to 6 months

Also searched as school bus violation, ran the stop arm

Failing to stop for a school bus with its visual signals on.

Level and maximums for Passing a stopped school bus
LevelUp toWhen
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 months$600 to $1,000 fineWhenSecond or later within five years

A first offense is an infraction with a $300 fine.

Read the section →

Driving without insurance

6 MONTH MISD · up to 6 months

Also searched as no insurance, uninsured driving

Operating a motor vehicle on a highway without valid liability insurance.

Level and maximums for Driving without insurance
LevelUp toWhen
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 monthsUp to $1,000 fineWhenSecond or later within five years

A first offense is an infraction with a $75 fine.

Read the section →

Driving without privileges

6 MONTH MISD · up to 6 months

Also searched as driving on a suspended license, suspended license

Driving with knowledge or legal notice that the license or privilege is revoked, disqualified or suspended.

Level and maximums for Driving without privileges
LevelUp toWhen
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 monthsUp to $1,000 fineWhenAny offense, other than the $150 infraction

Driving under a suspension for certain listed reasons, such as an underage alcohol violation, is an infraction with a $150 fine.

Read the section →

Open container

6 MONTH MISD · up to 6 months

Also searched as open beer in the car, open liquor

Drinking or possessing an open container of alcohol in a motor vehicle on a public highway.

Level and maximums for Open container
LevelUp toWhen
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 monthsUp to $1,000 fineWhenThe driver

For anyone else in the vehicle it is an infraction.

Read the section →

Stalking

1 YEAR MISD to 5 YEAR FELONY · up to 5 years

Also searched as stalker, following someone, harassment

Knowingly and maliciously engaging in a course of repeated nonconsensual contact that would cause a reasonable person substantial emotional distress or fear of death or injury.

Level and maximums for Stalking
LevelUp toWhen
1 YEAR MISDMisdemeanor, up to one yearUp to 1 yearUp to $1,000 fineWhenSecond degree
5 YEAR FELONYFelony, up to five yearsUp to 5 yearsUp to $10,000 fineWhenFirst degree: breaking a protection order or probation, a victim under sixteen, a deadly weapon, or a listed conviction within seven years

First degree stalking carries at least one year.

Read the section →

Harassment by telephone or electronic message

1 YEAR MISD to 5 YEAR FELONY · up to 5 years

Also searched as threatening texts, harassing calls, cyber harassment

Contacting another by telephone, email, text or other electronic means with intent to annoy, terrify, threaten or harass, using obscene language or threats, or disturbing their peace by repeated messages.

Level and maximums for Harassment by telephone or electronic message
LevelUp toWhen
1 YEAR MISDMisdemeanor, up to one yearUp to 1 yearNone set by the section fineWhenFirst conviction
5 YEAR FELONYFelony, up to five yearsUp to 5 yearsNone set by the section fineWhenSecond or later conviction
  • Idaho Code § 18-6710
Read the section →

Violating a protection order

1 YEAR MISD · up to 1 year

Also searched as restraining order violation, no contact order, protection order

Violating a protection order, or a provision excluding the person from a residence, after having notice of the order.

Level and maximums for Violating a protection order
LevelUp toWhen
1 YEAR MISDMisdemeanor, up to one yearUp to 1 yearUp to $5,000 fineWhenAny violation

An officer with probable cause may arrest for a violation without a warrant.

Read the section →

Misappropriating personal identifying information

1 YEAR MISD to 5 YEAR FELONY · up to 5 years

Also searched as identity theft, stolen identity, credit card fraud

Obtaining or recording another's identifying information without authorization, intending it be used to get credit, money, goods or services without their consent.

Level and maximums for Misappropriating personal identifying information
LevelUp toWhen
1 YEAR MISDMisdemeanor, up to one yearUp to 1 yearUp to $1,000 fineWhenReceiving goods obtained by that kind of fraud, $300 or less
5 YEAR FELONYFelony, up to five yearsUp to 5 yearsUp to $50,000 fineWhenMisappropriating the information, or receiving such goods worth more than $300
Read the section →

Hazing

6 MONTH MISD · up to 6 months

Also searched as initiation, pledging, fraternity hazing

A student or member of a student group intentionally hazing a member or pledge as a condition of membership or office.

Level and maximums for Hazing
LevelUp toWhen
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 monthsUp to $1,000 fineWhenAny offense
Read the section →

Failing to report child abuse

6 MONTH MISD · up to 6 months

Also searched as mandatory reporter, not reporting abuse

Having reason to believe a child under eighteen was abused, abandoned or neglected, and not reporting within twenty-four hours as the section requires.

Level and maximums for Failing to report child abuse
LevelUp toWhen
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 monthsUp to $1,000 fineWhenAny offense
Read the section →

Unlawful assembly and refusing to disperse

6 MONTH MISD · up to 6 months

Also searched as riot, protest arrest, failure to disperse

Taking part in an assembly of two or more to do an unlawful act or a lawful one in a violent or tumultuous way, or not dispersing when a public officer commands it.

Level and maximums for Unlawful assembly and refusing to disperse
LevelUp toWhen
6 MONTH MISDMisdemeanor, up to six monthsUp to 6 monthsUp to $1,000 fineWhenAny offense
Read the section →

Every level on this page, for reference

The terms come from each offense's own section, or from the general misdemeanor and felony sections where the offense sets none. Infractions carry a fine and no jail, so they are not on the ladder.

  • 3 MONTH MISDMisdemeanor, up to three monthsUp to 3 months
  • 6 MONTH MISDMisdemeanor, up to six monthsUp to 6 months
  • 1 YEAR MISDMisdemeanor, up to one yearUp to 1 year
  • 5 YEAR FELONYFelony, up to five yearsUp to 5 years
  • 7 YEAR FELONYFelony, up to seven yearsUp to 7 years
  • 10 YEAR FELONYFelony, up to ten yearsUp to 10 years
  • 14 YEAR FELONYFelony, up to fourteen yearsUp to 14 years
  • 15 YEAR FELONYFelony, up to fifteen yearsUp to 15 years
  • 20 YEAR FELONYFelony, up to twenty yearsUp to 20 years

Words on a charging document

Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.

21 words

About this guide — maximums, not predictions. What a specific case carries turns on priors, the facts, and the court, and only a licensed Idaho attorney can tell you what yours is. Current as of October 2026.