18-100. TITLE, EFFECT OF PRIOR LAW AND STATEMENT OF LEGISLATIVE INTENT. (1) This title is called the Criminal Code.
(2) Except as provided in subsection (3) of this section, this code does not apply to offenses committed prior to its effective date [April 1, 1972] and prosecutions for such offenses shall be governed by the prior law, which is continued in effect for that purpose, as if this code were not in force. For the purposes of this section, an offense was committed prior to the effective date of this code if any of the elements of the offense occurred prior thereto.
(3) In any case pending on or after the effective date of this code, involving an offense committed prior to such date:
(a) procedural provisions of this code shall govern, insofar as they are justly applicable and their application does not introduce confusion or delay;
(b) provisions of this code according a defense or mitigation shall apply, with the consent of the defendant;
(c) the court, with the consent of the defendant, may impose sentence under the provisions of this code applicable to the offense and the offender.
(4) The purpose of this code is to re-establish the criminal laws of the state of Idaho that existed on December 31, 1971, unless otherwise specifically amended or repealed by this act.
Any provision of law that was in effect on December 31, 1971, is not repealed by inference or implication by enactment of this code.
(5) Any reference to the Penal and Correctional Code in effect on and between January 1, 1972 and March 31, 1972 (Chapter 143, Session Laws of 1971) shall be deemed to refer to a comparable provision in this code.
History:
[I.C., sec. 18-100, as added by 1972, ch. 381, sec. 1, p. 1102.]
Structure Idaho Code
Title 18 - CRIMES AND PUNISHMENTS
Chapter 1 - PRELIMINARY PROVISIONS
Section 18-100 - TITLE, EFFECT OF PRIOR LAW AND STATEMENT OF LEGISLATIVE INTENT.
Section 18-101 - DEFINITION OF TERMS.
Section 18-101A - DEFINITIONS.
Section 18-102 - SUFFICIENCY OF INTENT TO DEFRAUD.
Section 18-103 - CIVIL REMEDIES PRESERVED.
Section 18-104 - PROCEEDINGS TO REMOVE OFFICERS PRESERVED.
Section 18-105 - COURTS MAY PUNISH FOR CONTEMPT.
Section 18-106 - COURT TO IMPOSE PUNISHMENT.
Section 18-107 - DETERMINATION OF PUNISHMENT BY COURT.
Section 18-109 - DEFINITION OF CRIME.
Section 18-110 - GRADES OF CRIME.
Section 18-111 - FELONY, MISDEMEANOR AND INFRACTION DEFINED.
Section 18-111A - FELONY DEFINED FURTHER.
Section 18-111B - MISDEMEANOR DEFINED FURTHER.
Section 18-112 - PUNISHMENT FOR FELONY.
Section 18-112A - FINE AUTHORIZED.
Section 18-113 - PUNISHMENT FOR MISDEMEANOR.
Section 18-113A - PUNISHMENT FOR INFRACTION.
Section 18-113B - INCARCERATION OF JUVENILES FOR MISDEMEANOR OR FELONY OFFENSES.
Section 18-114 - UNION OF ACT AND INTENT.