19-2520. EXTENDED SENTENCE FOR USE OF FIREARM OR DEADLY WEAPON. Any person convicted of a violation of sections 18-905 (aggravated assault defined), 18-907 (aggravated battery defined), 18-909 (assault with intent to commit a serious felony defined), 18-911 (battery with intent to commit a serious felony defined), 18-1401 (burglary defined), 18-1508(3), 18-1508(4), 18-1508(5), 18-1508(6) (lewd conduct with minor or child under sixteen), 18-2501 (rescuing prisoners), 18-2505 (escape by one charged with or convicted of a felony), 18-2506 (escape by one charged with or convicted of a misdemeanor), 18-4003 (degrees of murder), 18-4006 (manslaughter), 18-4015 (assault with intent to murder), 18-4501 (kidnapping defined), 18-5001 (mayhem defined), 18-6101 (rape defined), 18-6501 (robbery defined), 37-2732(a) (delivery, manufacture or possession of a controlled substance with intent to deliver) or 37-2732B (trafficking), Idaho Code, who displayed, used, threatened, or attempted to use a firearm or other deadly weapon while committing or attempting to commit the crime, shall be sentenced to an extended term of imprisonment. The extended term of imprisonment authorized in this section shall be computed by increasing the maximum sentence authorized for the crime for which the person was convicted by fifteen (15) years.
For the purposes of this section, "firearm" means any deadly weapon capable of ejecting or propelling one (1) or more projectiles by the action of any explosive or combustible propellant, and includes unloaded firearms and firearms which are inoperable but which can readily be rendered operable.
The additional terms provided in this section shall not be imposed unless the fact of displaying, using, threatening, or attempting to use a firearm or other deadly weapon while committing the crime is separately charged in the information or indictment and admitted by the accused or found to be true by the trier of fact at the trial of the substantive crime.
This section shall apply even in those cases where the use of a firearm is an element of the offense.
History:
[19-2520, added 1977, ch. 10, sec. 1, p. 20; am. 1980, ch. 296, sec. 1, p. 767; am. 1983, ch. 183, sec. 1, p. 496; am. 1986, ch. 319, sec. 2, p. 785; am. 1988, ch. 328, sec. 1, p. 990; am. 1993, ch. 264, sec. 1, p. 897; am. 2006, ch. 249, sec. 1, p. 758.]
Structure Idaho Code
Section 19-2501 - TIME FOR JUDGMENT.
Section 19-2502 - DETERMINATION OF DEGREE OF CRIME.
Section 19-2503 - PRESENCE OF DEFENDANT.
Section 19-2504 - DEFENDANT TO BE BROUGHT BEFORE COURT.
Section 19-2505 - BENCH WARRANT TO ENFORCE ATTENDANCE.
Section 19-2506 - CLERK TO ISSUE WARRANT.
Section 19-2507 - FORM OF WARRANT.
Section 19-2508 - SERVICE OF WARRANT.
Section 19-2509 - ARREST OF DEFENDANT.
Section 19-2510 - ARRAIGNMENT FOR SENTENCE.
Section 19-2511 - GROUNDS FOR WITHHOLDING JUDGMENT.
Section 19-2512 - PRONOUNCEMENT OF JUDGMENT.
Section 19-2513 - UNIFIED SENTENCE.
Section 19-2514 - PERSISTENT VIOLATOR — SENTENCE ON THIRD CONVICTION FOR FELONY.
Section 19-2515A - IMPOSITION OF DEATH PENALTY UPON MENTALLY RETARDED PERSON PROHIBITED.
Section 19-2516 - COST OF PRESENTENCE INVESTIGATION.
Section 19-2517 - PRESENTENCE INVESTIGATION REPORT TO INCLUDE RECIDIVISM RATES.
Section 19-2518 - LIEN OF JUDGMENT FOR FINE.
Section 19-2519 - ENTRY OF JUDGMENT — RECORD.
Section 19-2520 - EXTENDED SENTENCE FOR USE OF FIREARM OR DEADLY WEAPON.
Section 19-2520C - EXTENSION OF PRISON TERMS FOR REPEATED SEX OFFENSES, EXTORTION AND KIDNAPPING.
Section 19-2520D - PRIOR FOREIGN CONVICTION.
Section 19-2520E - MULTIPLE ENHANCED PENALTIES PROHIBITED.
Section 19-2520F - CONSECUTIVE SENTENCES FOR FELONIES COMMITTED IN CORRECTIONAL FACILITIES.
Section 19-2520G - MANDATORY MINIMUM SENTENCING.
Section 19-2521 - SENTENCING CRITERIA FOR PLACING DEFENDANT ON PROBATION OR IMPOSING IMPRISONMENT.
Section 19-2523 - CONSIDERATION OF MENTAL ILLNESS IN SENTENCING.