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 | Up to | When |
|---|---|---|
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 yearUp to $1,000 fine | WhenPetit theft: property worth $1,000 or less |
| 14 YEAR FELONYFelony, up to fourteen years | Up to 14 yearsUp to $5,000 fine | WhenGrand theft: property worth more than $1,000, and most other kinds |
| 20 YEAR FELONYFelony, up to twenty years | Up to 20 yearsUp to $10,000 fine | WhenGrand theft by extortion |
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 | Up to | When |
|---|---|---|
| 3 MONTH MISDMisdemeanor, up to three months | Up to 3 monthsUp to $1,000 fine | WhenAssault |
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 monthsUp to $1,000 fine | WhenBattery |
| 5 YEAR FELONYFelony, up to five years | Up to 5 yearsUp to $5,000 fine | WhenAggravated assault |
| 15 YEAR FELONYFelony, up to fifteen years | Up to 15 yearsNone set by the section fine | WhenAggravated battery |
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 | Up to | When |
|---|---|---|
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 monthsUp to $1,000 fine | WhenFirst offense |
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 yearUp to $2,000 fine | WhenSecond within ten years: at least ten days |
| 10 YEAR FELONYFelony, up to ten years | Up to 10 yearsUp to $5,000 fine | WhenThird within ten years |
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 | Up to | When |
|---|---|---|
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 monthsUp to $1,000 fine | WhenFirst offense |
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 yearUp to $2,000 fine | WhenSecond within five years |
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 | Up to | When |
|---|---|---|
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 yearUp to $1,000 fine | WhenWhere no other punishment is set |
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 | Up to | When |
|---|---|---|
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 monthsUp to $1,000 fine | WhenFleeing |
| 5 YEAR FELONYFelony, up to five years | Up to 5 yearsUp to $50,000 fine | WhenThirty over the limit, damage or injury, endangering others, or leaving the state |
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 | Up to | When |
|---|---|---|
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 months$500 to $1,000 fine | WhenFirst offense, other than the $300 infraction |
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 months$1,500 to $3,000 fine | WhenSecond within five years |
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 year$5,000 to $10,000 fine | WhenThird within ten years |
A first trespass with no damage by a person who leaves when ordered is an infraction with a $300 fine.
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 | Up to | When |
|---|---|---|
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 monthsUp to $1,000 fine | WhenAny offense |
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 | Up to | When |
|---|---|---|
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 yearUp to $1,000, and at least $300 for an adult fine | WhenThree ounces or less |
| 5 YEAR FELONYFelony, up to five years | Up to 5 yearsUp to $10,000 fine | WhenMore than three ounces |
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 | Up to | When |
|---|---|---|
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 yearUp to $1,000 fine | WhenSchedule I nonnarcotics and schedules III to VI |
| 5 YEAR FELONYFelony, up to five years | Up to 5 yearsUp to $5,000 fine | WhenLSD: up to three years |
| 7 YEAR FELONYFelony, up to seven years | Up to 7 yearsUp to $15,000 fine | WhenA schedule I narcotic or a schedule II substance |
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 | Up to | When |
|---|---|---|
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 yearUp to $1,000 fine | WhenAny offense |
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 | Up to | When |
|---|---|---|
| 5 YEAR FELONYFelony, up to five years | Up to 5 yearsUp to $5,000 fine | WhenAny offense |
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 | Up to | When |
|---|---|---|
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 yearUp to $1,000 fine | WhenAny offense |
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 | Up to | When |
|---|---|---|
| 5 YEAR FELONYFelony, up to five years | Up to 5 yearsUp to $5,000 fine | WhenAny offense |
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 | Up to | When |
|---|---|---|
| 5 YEAR FELONYFelony, up to five years | Up to 5 yearsUp to $5,000 fine | WhenAny offense |
A conviction also brings a one year license revocation.
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 | Up to | When |
|---|---|---|
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 months$600 to $1,000 fine | WhenSecond or later within five years |
A first offense is an infraction with a $300 fine.
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 | Up to | When |
|---|---|---|
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 monthsUp to $1,000 fine | WhenSecond or later within five years |
A first offense is an infraction with a $75 fine.
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 | Up to | When |
|---|---|---|
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 monthsUp to $1,000 fine | WhenAny 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.
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 | Up to | When |
|---|---|---|
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 monthsUp to $1,000 fine | WhenThe driver |
For anyone else in the vehicle it is an infraction.
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 | Up to | When |
|---|---|---|
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 yearUp to $1,000 fine | WhenSecond degree |
| 5 YEAR FELONYFelony, up to five years | Up to 5 yearsUp to $10,000 fine | WhenFirst 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.
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 | Up to | When |
|---|---|---|
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 yearNone set by the section fine | WhenFirst conviction |
| 5 YEAR FELONYFelony, up to five years | Up to 5 yearsNone set by the section fine | WhenSecond or later conviction |
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 | Up to | When |
|---|---|---|
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 yearUp to $5,000 fine | WhenAny violation |
An officer with probable cause may arrest for a violation without a warrant.
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 | Up to | When |
|---|---|---|
| 1 YEAR MISDMisdemeanor, up to one year | Up to 1 yearUp to $1,000 fine | WhenReceiving goods obtained by that kind of fraud, $300 or less |
| 5 YEAR FELONYFelony, up to five years | Up to 5 yearsUp to $50,000 fine | WhenMisappropriating the information, or receiving such goods worth more than $300 |
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 | Up to | When |
|---|---|---|
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 monthsUp to $1,000 fine | WhenAny offense |
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 | Up to | When |
|---|---|---|
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 monthsUp to $1,000 fine | WhenAny offense |
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 | Up to | When |
|---|---|---|
| 6 MONTH MISDMisdemeanor, up to six months | Up to 6 monthsUp to $1,000 fine | WhenAny offense |
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
- ArrestTaking a person into custody as the law allows, by a peace officer or a private person.
- Bail as a matter of rightThe entitlement of a person charged with a crime, and not released on recognizance, to bail before a plea or verdict of guilty, unless the offense is punishable by death and the proof is evident or the presumption great.
- Course of conductRepeated acts of nonconsensual contact with the victim or a family or household member, such as following or surveillance, which is what stalking is built from.
- FelonyA crime punishable by death or by imprisonment in the state prison. Unless a section sets another punishment, it carries up to five years, a fine of up to $50,000, or both.
- Final dischargeThe satisfactory completion of imprisonment, probation and parole, on which a person convicted of an Idaho felony is restored the full rights of citizenship.
- Fitness to proceedThe capacity to understand the proceedings and assist in one's own defense. No one who lacks it because of mental disease or defect may be tried, convicted or sentenced while that lasts.
- HazingSubjecting a member or pledge of a student group to bodily danger, forced drinking or eating, assaults, confinement or sleep deprivation as a condition of membership. A student who personally does it commits a misdemeanor.
- InfractionA civil public offense, not a crime, punishable only by a penalty not exceeding $300, with no jail.
- MagistrateThe judicial officer before whom a person arrested without a warrant is taken without unnecessary delay, with a complaint stating the charge.
- Minor in possessionA person under twenty-one who buys, tries to buy, consumes or possesses alcohol, which is an infraction with a fine of $300 the first time and a misdemeanor after.
- MisdemeanorAny crime that is not a felony. Unless a section sets another punishment, it carries up to six months in county jail, a fine of up to $1,000, or both.
- Open containerA container of liquor, beer or wine that is not sealed, which no one in a vehicle on a public highway may drink from or possess, apart from the listed exceptions. It may ride in an enclosed trunk.
- Own recognizanceRelease without bail on the person's promise to appear, which a court weighs against appearance, the integrity of the process, the protection of victims and witnesses, and public safety.
- Personal identifying informationInformation that identifies a person, which it is a felony to obtain or record without authorization intending it be used to get credit, money, goods or services.
- Reckless drivingDriving carelessly and heedlessly or without due caution in a way that endangers people or property, passing where a line marks a sight restriction, or going more than twenty over in an active school or work zone. It is a misdemeanor.
- Required reporterAny person, teachers, nurses and doctors included, with reason to believe a child has been abused, abandoned or neglected, who reports within twenty-four hours.
- Speedy trialThe rule that a case is dismissed, absent good cause, if a defendant who did not ask for a postponement is not brought to trial within six months of the information, the arraignment or, for a misdemeanor, the not guilty plea.
- Statute of limitationsThe time within which a prosecution must begin by filing the complaint or finding an indictment: five years for most felonies and one year for most misdemeanors.
- VictimA person against whom a crime or juvenile offense was committed, with rights to fairness, notice, presence and to be heard, exercised by a written request filed with the court clerk.
- Victim impact statementThe victim's statement of the impact of the crime, which goes into the presentence report the victim may read before sentencing.
- Withheld judgmentA disposition in which the court does not enter judgment on a guilty plea or verdict. A defendant who completes probation without a violation may apply to have the plea set aside and the case dismissed, which restores civil rights.
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.