18-111. FELONY, MISDEMEANOR AND INFRACTION DEFINED. A felony is a crime which is punishable with death or by imprisonment in the state prison. An infraction is a civil public offense, not constituting a crime, which is punishable only by a penalty not exceeding three hundred dollars ($300) and for which no period of incarceration may be imposed. Every other crime is a misdemeanor. When a crime punishable by imprisonment in the state prison is also punishable by fine or imprisonment in a county jail, in the discretion of the court, it shall be deemed a misdemeanor for all purposes after a judgment imposing a punishment other than imprisonment in the state prison.
History:
[18-111, added 1972, ch. 336, sec. 1, p. 848; am. 1982, ch. 353, sec. 6, p. 878; am. 2014, ch. 236, sec. 1, p. 596.]
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.