Idaho Statutes

Statute by category Citationsort descending Summary
ID - Initiatives - HJR2 (right to hunt) HJR2 (2012) This proposed amendment would provide that the rights to hunt, fish and trap are a valued part of Idaho's heritage and would preserve these rights for the people of Idaho and manage these rights through the laws of the state. This amendment specifies that hunting, fishing and trapping shall be a preferred means of managing wildlife. This amendment does not create a right to trespass or affect rights to divert or appropriate water. This amendment also will not prevent the suspension or revocation of licenses issued by the state for hunting, fishing or trapping. The measure was passed by 73.4% of voters.
ID - Pet Trusts - CHAPTER 7. TRUST ADMINISTRATION. I.C. § 15-7-601 This Idaho statute represents Idaho's relevant pet trust law. The law, while not termed a pet trust, provides that a person may create a "purpose trust." This trust does not require a beneficiary and may instead just name a person to enforce the trust.
ID - Slaughter, animal - Chapter 58. Public Health and Safety I.C. § 18-5803 - 5808 These Idaho statutes make certain activities involved with animal slaughter criminal. For example, it is a misdemeanor punishable by a fine to put the carcass of any dead animal into any river, creek, pond or street. It is a misdemeanor to slaughter or sell any animal that has been confined for 20 hours without water or 48 hours without food. The statutes also make it a felony if a mischievous animal is allowed to run at large and the animal kills a person.
ID - Ecoterrorism - Chapter 70. Trespass and Malicious Injuries to Property. I.C. § 18-7015, 7037, 7040, 7041, 7042 These laws comprise Idaho's animal enterprise interference/"ecoterrorism" laws. The state has a provision specific to trespass into enclosures for fur-bearing animals such as foxes. Additionally, § 18-7037 prohibits the unauthorized release of an animal, a bird, or an aquatic species which has been lawfully confined for agriculture, science, research, commerce, public propagation, protective custody, or education. This offense is a misdemeanor and the actor is liable for restitution that includes replacement costs, property damage, and even costs of repeating an experiment. Section § 18-7040 defines the crime of interference with agricultural research where a person knowingly damages property, obtains property with the intent of hinder the research; obtains access to the facility by misrepresentation to perform acts to damage or hinder the research; enters the facility with the intent to damage, alter, or duplicate data or records; or the release of an animal or injury to an animal at the facility. Violation is a felony with punishment of up to 20 years imprisonment and/or a fine of up to $10,000. The state also has a separate section on damage to aquaculture operations.
ID - Dog - Consolidated Dog Laws I.C. § 18-7039; § 25-2801 - 2812; § 36-1101 These Idaho statutes comprise the state's dog laws. Among the provisions include licensing requirements, laws regarding dogs at large and vicious dogs, and immunity for acts done by law enforcement dogs.
ID - Facility Dog - § 19-3023 Child summoned as witness I.C. § 19-3023 This statutes provides that when a child is summoned in a criminal matter, a parent, counselor, friend, or a facility dog may stay in the courtroom during the child's testimony, unless the court finds that the defendant will be unduly prejudiced. When a child is summoned to witness in any non-criminal matter, a facility dog will be allowed to remain in courtroom during the child's testimony.
ID - Livestock - Chapter 19. Miscellaneous Offenses Relating to Livestock I.C. § 25-1901 to 1910 This Idaho chapter concerns miscellaneous offenses relating to livestock. One law provides that any person other than the owner, his servant or agent who skins or removes from the carcass, the skin, hide, or pelt of any neat cattle or sheep found dead or perished, is guilty of a misdemeanor. Other topics include the slaughter of unbranded livestock, removal of hides from carcasses, altering brands and marks, and stealing the "services" of a bull.
ID - Dog License - Chapter 28. Dogs. I.C. § 25-2804 This Idaho statute provides that once a county board adopts a measure, sixty (60) days from the date of the board's meeting at which this measure is adopted, it shall be the duty of the sheriff of the county to seize and impound all unlicensed dogs at large, excluding those located in a municipality that has enacted a dog license law. A dog impounded under this provision may be killed in a humane manner after 5 days after there has been a "reasonable effort" to locate the owner.
ID - Dangerous Dogs running at large - Chapter 28. Dogs. I.C. § 25-2805 This Idaho statute provides that any person who lets his or her dog run at large after a complaint has been made to the sheriff shall be guilty of an infraction punishable as provided in section 18-113A, Idaho Code. Any person who lets his or her dog physically attack someone when not provoked shall be guilty of a misdemeanor in addition to any liability as provided in section 25-2806, Idaho Code. For a second or subsequent violation of this subsection, the court may, in the interest of public safety, order the owner to have the vicious dog destroyed or may direct the appropriate authorities to destroy the dog.
ID - Dangerous - § 25-2806. Liability for livestock and poultry killed by dogs I.C. § 25-2806 This Idaho statute provides that any owner whose dog that kills, worries, or wounds any livestock and poultry is liable to the owner of the same for the damages and costs of suit, to be recovered before any court of competent jurisdiction. Further, any person, on finding any dog, not on the premises of its owner or possessor, worrying, wounding, or killing any livestock or poultry may, at the time of so finding said dog, kill the same, without liability for damages.
ID - Dog, property - Chapter 28. Dogs. I.C. § 25-2807 This Idaho statute states that dogs are considered property. It further provides that no entity of state or local government may by ordinance or regulation prevent the owner of any dog from protecting it from loss by the use of an electronic locating collar.
ID - Fur - Chapter 30. Fur Farms I.C. § 25-3001 - 3007 In Idaho, fur farming is again defined as an agricultural pursuit, and the animals are considered to be livestock for purposes of Chapter 25. Idaho gives its Animal Industries Division the right to inspect fur farms at any time. Violation of any of the statutory provisions or associated regulations incurs a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) for each offense.
ID - Cruelty - Consolidated Cruelty Statutes I.C. § 25-3501 - 3521; I.C. § 18-6602 These Idaho statutes comprise the state's anti-cruelty and animal fighting provisions. Every person who is cruel to any animal and whoever having the charge or custody of any animal subjects any animal to cruelty is guilty of a misdemeanor. "Animal" means any vertebrate member of the animal kingdom, except humans. "Cruelty" is defined as the intentional and malicious infliction of pain, physical suffering, injury or death upon an animal as well as the negligent deprivation of necessary sustenance, among other things. Dogfighting and cockfighting exhibitions are also prohibited, but the rearing of gamecocks regardless of their later intended use is not prohibited.
ID - Exotic - Chapter 39. Importation or Possession of Deleterious Exotic Animals I.C. § 25-3901 - 3905 In Idaho, all apes and other nonhuman primates are classified as “deleterious exotic animals,” which are dangerous to the environment, livestock, agriculture, or wildlife of the state. According to Idaho’s legislature, it is in the public interest to strictly regulate the importation and possession of those animals.
ID - Predators - Chapter 11. Protection of Animals and Birds I.C. § 36-1101 to 1121 This Idaho chapter deals with restrictions on the taking of wildlife, protection of wildlife, and control of predators. Migratory birds are protected under the chapter. The chapter also establishes the right of any person to control, trap, or remove any wild animal damaging private property, within limitations set forth. In particular, the chapter states that wolves may be disposed of by livestock or domestic animal owners, their employees, agents and animal damage control personnel when the same are molesting or attacking livestock or domestic animals and it shall not be necessary to obtain any permit from the department. The section also sets up procedures for damage caused by game animals such as deer and elk as well as predators like black bears, grizzly bears, and mountain lions.
ID - Hunting - Chapter 15. Public Safety. I.C. § 36-1510 This section comprises Idaho's hunter harassment law. Under the law, no person shall intentionally interfere with the lawful taking or control of wildlife by another; intentionally harass, bait, drive or disturb any animal for the purpose of disrupting lawful pursuit; or damage or destroy in any way any lawful hunting blind with the intent to interfere. Idaho also expands these activities to include the harassment, intimidation, or threatening of any person who is or was lawfully engaged in the taking of fish or wildlife by such means as personal or written contact, telephone, e-mail, or a website.
ID - Endangered Species - Chapter 24. Species Conservation- Chapter 26. Fish and Game I.C. § 36-2401 - 2405, 36–1101 This Idaho law sets out the definitions related to state endangered species laws. It also establishes a delisting advisory team that is responsible for reviewing data related to state species proposed for delisting by the federal government. This team also submits management plans to the state fish and wildlife department.
ID - Wildlife - Chapter 7. Captive Wildlife I.C. § 36-701 to 716 This section comprises Idaho's captive wildlife provisions. Under the law, no person shall engage in any propagation or hold in captivity any species of big game animal found wild in this state, unless the person has been issued a license or permit by the director. All other species of mammals, birds or reptiles that are found in the wild in this state and are not species of special concern or threatened and endangered species, may be held in captivity without permit so long as the possessor retains proof that such wildlife was lawfully obtained. The laws concerning commercial wildlife farms are also included in this section. Additionally, there is also a section on the transition of wolves from federal to state management (36-715).
ID - Lien - § 45-805. Liens for services on or caring for property I.C. § 45-805 This Idaho law deals with liens livery or boarding or feed stable proprietors and others pasturing livestock who have a lien. If the liens are not paid within sixty days after the work is done, service rendered, or feed or pasturing supplied, the person in whose favor such special lien is created may proceed to sell the property at a licensed public livestock auction market, or if the lien is on equines, to sell the animals at a sale offered to the public, after giving ten days' notice to the owner or owners of the livestock and the state brand inspector. Requirements for proper notice are provided in the law.
ID - Ordinances - § 50-319. Animals at large--Regulation I.C. § 50-319 This Idaho law gives the authority to the mayor and city council to do things like regulate the running at large of domesticated animals, to impound animals running at large, and to manage pounds for such animals.
ID - Veterinary - CHAPTER 21. VETERINARIANS. I.C. § 54-2101 - 2121 These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.
ID - Equine Activity Liability - CHAPTER 18. EQUINE ACTIVITIES IMMUNITY ACT. I.C. § 6-1801 - 1802 This Idaho statute provides that an equine activity sponsor or an equine professional shall not be liable for any injury to or the death of a participant or equine engaged in an equine activity and no participant may maintain an action against an equine activity sponsor or professional. Statutory definitions are provided, including "participant," "equine," and who is considered an "equine sponsor" or "equine professional. Liability is not limited by this statute where the equine professional knowingly provided faulty tack or equipment, failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity, owns or otherwise is in lawful possession of the land or facilities upon which the participant sustained injuries because of a known, dangerous latent condition, or if he or she commits an act or omission that constitutes willful or wanton disregard for the safety of the participant or intentionally injures the participant.
ID - Predator - Chapter 58. Protection of Natural Resources (wolf declaration) I.C. § 67-5801 - 5807 The purpose of Chapter 58 is to provide an orderly, comprehensive plan for the protection of the natural resources of the state and for the suppression of dangers or threats. Section 5806 the Idaho legislature finds and declares that the state's citizens, businesses, hunting, tourism and agricultural industries, private property and wildlife, are immediately and continuously threatened and harmed by the sustained presence and growing population of Canadian gray wolves in the state of Idaho. The legislature states that "a disaster emergency is in existence as a result of the introduction of Canadian gray wolves, which have caused and continue to threaten vast devastation of Idaho's social culture, economy and natural resources."
ID - Assistance Animal - Assistance Animal/Guide Dog Laws I.C. §§ 18-5811 - 5812B; I.C. §§ 56-701 - 708 The following statutes comprise the state's relevant assistance animal and guide dog laws.