(3) The state board of correction shall have the discretion to determine the level of supervision of all persons under its supervision, except those who are being supervised by a problem solving court. "Level of supervision" includes the determination of the following:
. . .
(d) Curfew restrictions; and
. . .
(7) The state board of correction shall promulgate rules in consultation with the Idaho supreme court to:
. . .
(b) Establish a matrix of swift, certain and graduated sanctions and rewards to be imposed by the board in response to corresponding violations of or compliance with the terms or conditions imposed. Sanctions for violations shall include, but are not limited to, community service, increased reporting, curfew, submission to substance use assessment, monitoring or treatment, submission to cognitive behavioral treatment, submission to an educational or vocational skills development program, submission to a period of confinement in a local correctional facility for no more than three (3) consecutive days and house arrest. Rewards for compliance shall include, but are not limited to, decreased reporting and transfer to limited supervision.
Violation by a juvenile offender of a curfew established by a municipal or county ordinance shall constitute an infraction and shall be punishable by a fine of one hundred fifty dollars ($150). 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. Detention of a juvenile offender in a county jail or detention center for violation of a curfew is prohibited, unless the juvenile offender is an habitual status offender as defined in section 20-521, Idaho Code.
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.
(1) A peace officer may take a juvenile into custody, or a private citizen may detain a juvenile until the juvenile can be delivered forthwith into the custody of a peace officer, without order of the court:
(a) When he has reasonable cause to believe that the juvenile has committed an act which would be a misdemeanor or felony if committed by an adult; or
(b) When in the presence of a peace officer or private citizen the juvenile has violated any local, state or federal law or municipal ordinance; or
(c) When there are reasonable grounds to believe the juvenile has committed a status offense. Status offenses are truancy, running away from or being beyond the control of parents, guardian, or legal custodian and curfew violations. Status offenders shall not be placed in any jail facility but instead may be placed in juvenile shelter care facilities, except in the case of runaways, when there is a specific detention request from a foreign jurisdiction to hold the juvenile pending transportation arrangements.
(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 less than two (2) years and not more than five (5) 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 in prison.
(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, information, complaint or petition 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 or possession of a weapon, bomb or destructive device 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;
(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.
(1) Every person who exchanges or offers to exchange anything of value for sexual conduct or sexual contact with a person under the age of eighteen (18) years shall be guilty of a felony punishable by imprisonment in the state penitentiary for a period of not less than two (2) years, which may be extended to life imprisonment, or by a fine not exceeding fifty thousand dollars ($50,000), or by both such imprisonment and fine.
(2) As used in this section:
(c) “Anything of value” includes, but is not limited to, a fee, food, shelter, clothing, medical care or membership in a criminal gang as defined in section 18-8502, Idaho Code.
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.