CHAPTER 01 Title 5 Prosecution and Punishment of Crimes
CHAPTER 1
PROSECUTION AND PUNISHMENT OF CRIMES
SECTION:
5-1-1: Legislative Purpose
5-1-2: Definitions
5-1-3: Punishment for Crimes
5-1-4: Prosecutions Against Corporations
5-1-5: Union of Act and Intent
5-1-6: Manifestation of Intent
5-1-7: Territorial Jurisdiction
5-1-8: Procedures Under Idaho State Code
5-1-9: Penalty
5-1-1: LEGISLATIVE PURPOSE: This title is called the Criminal Code. All
words and phrases used herein shall have the same meaning as ascribed in Title 18 of
the Idaho Code, except as expressly defined herein. All provisions herein shall be
applied in the same manner and construed consistently with the provisions of the
Criminal Code for the State of Idaho.
5-1-2: DEFINITIONS:
(A) Crime: A crime or public offense is an act committed or omitted in violation of a
law forbidding or commanding it.
(B) Felony: A felony is a crime which is punishable by death or by imprisonment in
the state prison.
(C) Misdemeanor: Every other crime which is not a felony and which is not
specifically designated in the Ordinance to be an infraction shall be deemed to be
a misdemeanor.
(D) Infraction: An infraction is a civil public offense, not constituting a crime, which is
punishable only by a penalty not exceeding one hundred dollars ($100) and for
which no period of incarceration may be imposed.
5-1-3: PUNISHMENT FOR CRIMES:
(A) Felonies: All felonies are prosecuted and punishable pursuant to the provisions
of the Idaho Code, subject to the provisions of Idaho Code 18-111.
Title 5, Chapter 1 Page 1 of 2 Revised 7-12-2018
(B) Misdemeanors: Any crime constituting a misdemeanor shall be subject to
penalties prescribed for such violations under section 1-4-1 of this code, subject
to the provisions of Idaho Code 18-113.
(C) Infraction: Any person committing an infraction shall be subject to penalties
prescribed for such violations under section 1-4-2 of this code, subject to the
provisions of Idaho Code 18-113A.
5-1-4: PROSECUTIONS AGAINST CORPORATIONS: The City may
prosecute any corporation for violation of this Criminal Code. In any such prosecution, it
shall be sufficient to make the corporation in its corporate name a defendant and service
may be procured against the corporation in the same manner as permitted under the
Criminal Code of the State of Idaho. Any judgment imposed by the Court against a
corporation shall have the force and effect of a judgment in a civil action, and execution
against a corporation may issue in the same manner as in civil actions.
Any summons served upon a defendant corporation shall contain a statement that the
corporation shall appear forthwith and defend said action, and in the event of its failure
to do so, a plea of not guilty will be entered by the court and the trial will proceed as if
the corporation had appeared. A copy of the Complaint shall be attached to and served
with the Summons.
5-1-5: UNION OF ACT AND INTENT: In every crime there must exist a union,
or joint operation, of act and intent, or criminal negligence.
5-1-6: MANIFESTATION OF INTENT: The intent to commit a crime is
manifested by the circumstances connected with the crime and the sound mind and
discretion of the accused.
5-1-7: TERRITORIAL JURISDICTION: Any person who commits a crime within
the City is punishable as set forth in this Criminal Code. A crime is committed for the
purposes thereof when all elements of the crime have occurred; however, a person is
punishable under this Code whenever any element of the crime is committed within the
City.
5-1-8: PROCEDURES UNDER IDAHO PENAL CODE: All provisions of this
Code shall be enforced, interpreted and administered in accordance with the Penal
Code of the State of Idaho, as set forth in Title 18 Idaho Code. Without limiting the
foregoing, all arrests, prosecution and enforcement of this Code shall be in accordance
with Chapters 1 through 7, and 16, 17 and 20, Title 18, Idaho Code.
5-1-9: PENALTY: Any person violating any of the provisions of City Code of the
City of Ammon, shall be guilty of an infraction or misdemeanor and, upon conviction
thereof, shall be subject to the penalties as provided for in section 1-4-1 or 1-4-2 of this
code and as provided for in this Code, subject to the provisions of Idaho Code.
Title 5, Chapter 1 Page 2 of 2 Revised 7-12-2018