I D A H O S T A T E L E G I S L A T U R E
TITLE 19 CRIMINAL PROCEDURE
CHAPTER 4 - TIME OF COMMENCING CRIMINAL ACTIONS
19-401.No statute of limitations for certain felonies. Notwithstanding any other provision of law, there is no limitation of time within which a prosecution for the following crimes must be commenced:
(1) Murder;
(2) Voluntary manslaughter;
(3) Rape pursuant to section 18-6101 2., 3., 4., 5. or 7., or section 18-6108, Idaho Code;
(4) Sexual abuse of a child or lewd conduct with a child as set forth in sections 18-1506 and 18-1508, Idaho Code; or
(5) An act of terrorism as set forth in sections 18-8102, 18-8103, 18-3322, 18-3323 and 18-3324, Idaho Code.
19-402.Commencement of prosecutions for felonies. A prosecution for any felony other than those specified in section 19-401, Idaho Code, must be commenced by the filing of the complaint or the finding of an indictment within five (5) years after its commission provided however, a prosecution under section 18-1506A, Idaho Code, must be commenced within three (3) years after the date of initial disclosure by the victim.
19-403.Misdemeanors. (1) Except as provided in subsections (2) and (3) of this section, a prosecution for any misdemeanor must be commenced by the filing of the complaint or the finding of an indictment within one (1) year after its commission.
(2) A prosecution for failure to report or failure to cause to be reported the abuse, abandonment or neglect of a child as provided for in section 16-1605, Idaho Code, must be commenced by the filing of the complaint or the finding of an indictment within four (4) years after its commission.
(3) A prosecution for misuse of funds as provided for in section 18-5702(1), Idaho Code, must be commenced by the filing of the complaint or the finding of an indictment within five (5) years after its commission.
19-404.Absence of defendant from state. If, when the offense is committed, the defendant is out of the state, the indictment may be found within the term herein limited after his coming within the state, and no time during which the defendant is not an inhabitant of, or usually resident within, the state is part of the limitation.
19-405.Indictment -- When deemed found. An indictment is found, within the meaning of this chapter, when it is presented by the grand jury in open court, and there received and filed.
19-406.Commencement of prosecutions for sexual exploitation by medical care provider. A prosecution for sexual exploitation by a medical care provider under section 18-919, Idaho Code, must be commenced by the filing of the complaint or the finding of an indictment within two (2) years after its commission.
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