Home State Laws The State Laws of Idaho

The State Laws of Idaho

The State Laws of Idaho


Due to the fact that individual state laws are constantly subject to change, individuals are encouraged to consult an attorney prior to engaging in any activity, action, or event in which the expressed legality may come into question. Furthermore, individuals interested in attaining information with regard to individual state legislature are also encouraged to perform independent research in order to substantiate the relevancy and current state(s) of specific legislation. 

Idaho Abortion Laws

Within the state of Idaho, Abortion is defined as the purposeful termination of a pregnancy through procedural means. Subsequent to the decision of Roe v. Wade, abortion became legal within the United States – however, Idaho state legislation expresses a variety of stipulations with regard to a legal abortion process:

•    Statutory Definition of Illegal Abortion in Idaho: Anyone who provides, supplies, administers drugs or substances to woman, or uses instrument with intent to produce abortion. Partial Birth Abortion: Unlawful except when necessary to save the life of the mother when it is physically endangered

•    Statutory Definition of Legal Abortion in Idaho: In first and second trimesters: consultation between licensed M.D. and mother determination by M.D. that abortion is appropriate considering various mental, physical, family factors including circumstances of pregnancy (such as rape or incest). Third trimester: must be necessary to preserve life of mother or fetus and M.D. must consul another corroborating physician.

•    Penalty for Unlawful Abortion: Felony; fine to $5,000 and/or imprisonment 2 to 5 years; mother, fine to $5,000, and/or imprisonment 1 to 5 years. 

Idaho Marijuana Laws

•    Code Section: 37-2701, et seq

•    Possession: Under 3 oz.: misdemeanor with penalty of up to 1 yr. or $1,000 or both; Over 3 oz.: felony, 5 yrs. and $10,000; Subsequent offense: double penalty

•    Sale: Felony: 5 yrs. and $15,000: Subsequent offense: double penalty

•    Trafficking: 1 lb. or more or 25 plants or more: felony; 1-5 lbs. or 25-50 plants: mandatory 1 yr. and $5,000; 5-25 lbs. or 50-100 plants: mandatory 3 yrs. and $10,000; 25-100 lbs. or over 100 plants: mandatory 5 yrs. and $15,000; Maximum number of yrs. 15 and maximum fine $50,000

Idaho DWI and DUI Laws

Driving while intoxicated (DWI) and driving while under the influence (DUI) charges exist in the event that an individual ingests illegal drugs, alcohol, or controlled-substances, which may impair their respective ability to safely operate a motor vehicle; the following DUI and DWI laws exist within the state of Idaho:

•    Zero tolerance laws exist in the event that an individual below the legal age permissible to consume alcohol is suspected to be unlawfully operating a motor vehicle; within the state of Idaho, the Zero Tolerance Blood Alcohol Content Level (BAC) cannot exceed .02%

•    The BAC limit for individuals operating motor vehicles may not reach .08%; this can constitute a DUI or DWI offense

•    In Idaho, there currently exist no supplementary penalties incurred due to BAC levels exceeding the expressed, legal limit

•    Implied consent is a legal instrument that is employed within the realm of a DUI Arrest that entails a verbal or written contract resulting from the willing participation in a regulated activity, such as the operation of a motor vehicle; within Idaho, law enforcement agents are permitted to act in accordance with implied consent laws

•    Upon a DUI or DWI conviction, and individuals is subject to undergo the loss of driving privileges for a period of no less than 90 days’ time;  penalties can range upwards of 1 year in addition to the installation of an ignition interlock device

Idaho Gun Laws

•    Idaho does not require a state permit to purchase, firearm registration, or license of ownership for long guns or hand guns

•    Carry permits are issued for handguns, but not for long guns

•    Idaho does not institute the assault weapons law

Idaho Adoption Laws

•    Who may be adopted in Idaho: Any child; with consent of parents, if living; any adult where the person adopting has sustained relation of parent

•    Age that Child’s Consent is Needed: 12 years and older

•    Who may adopt: Any adult resident of Idaho for at least 6 consecutive months prior to filing who is either 15 years older than child or 25 years of age or older. No married person can adopt without consent of spouse

Idaho Employment and Labor Laws

•    Within the state of Idaho, the minimum wage is 7 dollars and 15 cents awarded per hour of labor

•    State Holidays are listed as: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas – Veteran’s Day, Martin Luther King, Jr.'s Birthday, and President’s Day result in the closing of public institutions only upon the decision set forth by the local board of trustees and government

•    Within the state of Idaho, an individual’s employ cannot be terminated in the event that they report a violation or hazard taking place with regard to their respective employment – or place of employment

Idaho Divorce Laws

Within the state of Idaho, a divorce is defined as the termination of a marriage, which can occur upon a decision set forth by one or both partners involved in the marriage:

•    A divorce must be filed subsequent to 60 days residence within the state of Idaho; in the event that an individual –or individuals – were married in Idaho and lived there on a continuous basis, a time constraint for filing does not exist

•    ‘No Fault’ divorce does exist on the grounds of irreconcilable differences

Idaho Death Penalty Laws 

•    The Death Penalty is permitted in Idaho                          

•    No minimum age is set for capital punishment

•    Kidnapping in the 1st degree and homicide are the available crimes for the death penalty

•    Lethal injection or firing squad is the methods of execution

Idaho Gambling Laws

Within the state of Idaho, Gambling is defined as the purposeful risking of any or all assets, property or monies with the intention of gain; a primary stipulation exists that expressed that the individual retains no control of peripheral outcome(s) with regard to any wagers set forth:

•    Horse racing wagering is legal

•    Dog racing wagering is legal

•    Casino operations are allowed