Index
Violation by a juvenile of a curfew established by a municipal or county ordinance shall be punishable by a fine not to exceed three hundred dollars ($ 300), detention, or both. Fines shall be deposited in the county juvenile justice fund of the county where the violation occurred, or if such a fund has not been established, then in the current county expense account for juvenile corrections purposes in the county where the violation occurred. The imposition of detention shall be subject to the provisions of sections 20-520(1)(b) and 20-521, Idaho Code. Detention of a juvenile in a county jail for violation of a curfew is prohibited.
Any peace officer may issue a citation for violation of a curfew that shall thereafter proceed under the juvenile corrections act in the same manner as though the violation was charged by a petition. Citations shall be issued on the Idaho uniform citation form. The peace officer issuing a curfew citation may detain the violator and at the time the citation is issued shall make a reasonable effort to obtain the endorsement of the juvenile's parent or legal guardian on the citation. If the endorsement of a parent or legal guardian cannot be obtained with the exercise of reasonable diligence, a copy of the citation shall be hand delivered or mailed to the juvenile's parent or legal guardian by a peace officer at least seven (7) days prior to the date set for the juvenile's appearance. The citation shall provide a date certain for the appearance before a magistrate of the juvenile and parent or legal guardian.
When sentencing a juvenile for violating a curfew, the court may also enter any order authorized in section 20-520, Idaho Code. The court shall have jurisdiction over the parent or legal guardian of the violator pursuant to section 20-522, Idaho Code.
(1) An adult, or any juvenile waived to adult court pursuant to Section 20-508 or 20-509, Idaho Code, who is convicted of any felony or misdemeanor enumerated in Section 18-8502(3), Idaho Code, that is knowingly committed for the benefit or at the direction of, or in association with, any criminal gang or criminal gang member, in addition to the punishment provided for the commission of the underlying offense, shall be punished as follows:
(a) An adult, or any juvenile waived to adult court pursuant to Section 20-508 or 20-509, Idaho Code, who is convicted of a misdemeanor shall be punished by an additional term of imprisonment in the county jail for not more than one (1) year.
(b) An adult, or any juvenile waived to adult court pursuant to Section 20-508 or 20-509, Idaho Code, who is convicted of a felony shall be punished by an extended term of not more than two (2) years in prison.
(c) If the underlying offense described in Section 18-8502(3), Idaho Code, is a felony and committed on the grounds of, or within one thousand (1,000) feet of, a public or private elementary, secondary, or vocational school during hours when the facility is open for classes or school-related programs or when minors are using the facility, the extended term shall be not less than two (2) years and not more than five (5) years.
(2) This section does not create a separate offense but provides an additional penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed facts.
(3) The court shall not impose an extended penalty pursuant to this section unless:
(a) The indictment or information charging the defendant with the primary offense alleges that the primary offense was committed knowingly for the benefit or at the direction of, or in association with, a criminal gang or criminal gang member with the specific intent to promote, further, or assist the activities of the criminal gang; and
(b) The trier of fact finds the allegation to be true beyond a reasonable doubt.
(4) Except in a case of a juvenile who has been waived to adult court pursuant to Section 20-508 or 20-509, Idaho Code, the imposition or execution of the sentences provided in this section may not be suspended.
(5) An extended sentence provided in this section shall run consecutively to the sentence provided for the underlying offense.
(6) Unless waived to adult court pursuant to Section 20-508 or 20-509, Idaho Code, a juvenile who is adjudicated of any felony or misdemeanor enumerated in Section 18-8502(3), Idaho Code, that is knowingly committed for the benefit or at the direction of, or in association with, any criminal gang or criminal gang member shall be sentenced according to the provisions of Section 20-520, Idaho Code.
(1) A person commits the offense of recruiting criminal gang members by:
(a) Knowingly soliciting, inviting, encouraging, or otherwise causing a person to actively participate in a criminal gang; or
(b) Knowingly using force, threats, violence, or intimidation directed at any person, or by the infliction of bodily injury upon any person, to actively participate in a criminal gang.
(2) A person convicted of a violation of this section shall be imprisoned for a term not to exceed ten (10) years.
(3) This section shall not be construed to limit prosecution under any other provision of law.
As used in this chapter:
(1) "Criminal gang" means an ongoing organization, association, or group of three (3) or more persons, whether formal or informal, that has a common name or common identifying sign or symbol, whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity, having as one (1) of its primary activities the commission of one (1) or more of the criminal acts enumerated in Subsection (3) of this section.
(2) "Criminal gang member" means any person who engages in a pattern of criminal gang activity and who meets two (2) or more of the following criteria:
(a) Admits to gang membership;
(b) Is identified as a gang member;
(c) Resides in or frequents a particular gang's area and adopts its style of dress, its use of hand signs, or its tattoos and associates with known gang members;
(d) Has been arrested more than once in the company of identified gang members for offenses that are consistent with usual gang activity;
(e) Is identified as a gang member by physical evidence such as photographs or other documentation; or
(f) Has been stopped in the company of known gang members four (4) or more times.
(3) "Pattern of criminal gang activity" means the commission, attempted commission, or solicitation of two (2) or more of the following offenses, provided that the offenses are committed on separate occasions or by two (2) or more gang members:
(a) Robbery, as provided in Section 18-6501, Idaho Code;
(b) Arson, as provided in Sections 18-801 through 18-804, Idaho Code;
(c) Burglary, as provided in Sections 18-1401, 18-1403, 18-1405, and 18-1406, Idaho Code;
(d) Murder or manslaughter, as provided, respectively, in Sections 18-4001 and 18-4006, Idaho Code;
(e) Any violation of the provisions of Chapter 27, Title 37, Idaho Code;
(f) Any unlawful use of a weapon that is a felony pursuant to Chapter 33, Title 18, Idaho Code;
(g) Assault and battery, as provided in Chapter 9, Title 18, Idaho Code;
(h) Criminal solicitation, as provided in Section 18-2001, Idaho Code;
(i) Computer crime, as provided in Section 18-2202, Idaho Code;
(j) Theft, as provided in Sections 18-2401 and 18-2403, Idaho Code;
(k) Evidence falsified or concealed and witnesses intimidated or bribed, as provided in Sections 18-2601 through 18-2606, Idaho Code;
(l) Forgery and counterfeiting, as provided in Sections 18-3601 through 18-3603 and Sections 18-3605 through 18-3616, Idaho Code;
(m) Gambling, as provided in Section 18-3802, Idaho Code;
(n) Kidnapping, as provided in Sections 18-4501 through 18-4503, Idaho Code;
(o) Mayhem, as provided in Section 18-5001, Idaho Code;
(p) Prostitution, as provided in Sections 18-5601 through 18-5614, Idaho Code;
(q) Rape, as provided in Sections 18-6101, 18-6108, and 18-6110, Idaho Code;
(r) Racketeering, as provided in Section 18-7804, Idaho Code;
(s) Malicious harassment, as provided in Section 18-7902, Idaho Code;
(t) Terrorism, as provided in Section 18-8103, Idaho Code; or
(u) Money laundering and illegal investment, as provided in Section 18-8201, Idaho Code.
(v) Sexual abuse of a child under the age of sixteen years, as provided in Section 18-1506, Idaho Code;
(w) Sexual exploitation of a child, as provided in Section 18-1507, Idaho Code;
(x) Lewd conduct with minor child under sixteen, as provided in section 18-1508, Idaho Code;
(y) Sexual battery of a minor child sixteen or seventeen years of age, as provided in section 18-1508a, Idaho Code;
(z) Escape or rescue of prisoners, as provided in Sections 18-2501 through 18-2506, Idaho Code;
(aa) Riot, as provided in Sections 18-6401 and 18-6402, Idaho Code;
(bb) Disturbing the peace, as provided in Section 18-6409, Idaho Code;
(cc) Malicious injury to property, as provided in Section 18-7001, Idaho Code;
(dd) Injuring jails, as provided in Section 18-7018, Idaho Code;
(ee) Injury by graffiti, as provided in Section 18-7036, Idaho Code; or
(ff) Human trafficking, as provided in Sections 18-8602 and 18-8503, Idaho Code.
(1) A person commits the offense of supplying firearms to a criminal gang if the person knows an individual is a gang member and supplies, sells, or gives possession or control of any firearm to that gang member.
(2) Subsection (1) of this section shall not apply to a person who is convicted as a principal to the offense committed by the recipient of the firearm.
(3) A person convicted of a violation of this section shall be imprisoned for a term not to exceed ten (10) years or be fined an amount not to exceed fifty thousand dollars ($50,000), or both.
No person shall purposely or knowingly vandalize, deface or otherwise damage the property of another by painting, writing, drawing, or otherwise inscribing thereon in any fashion that which is commonly known as graffiti. Graffiti includes any form of painting, writing, or inscription regardless of the content or the nature of the materials used which is applied to any public or private surface without the consent of the owner of the property. Every person who is convicted of a violation of the provisions of this section is guilty of a misdemeanor.
This chapter does not prevent any county, city, or other political subdivision from adopting and enforcing ordinances or resolutions consistent with this chapter relating to criminal gangs and criminal gang violations.