Idaho bill seeks to codify punishments for riots

BOISE — A bill that would add punishments for riots to existing Idaho code has been introduced to the Idaho Legislature.

On Monday, the House Judiciary and Rules Committee voted to introduce a bill that would outline specific penalties for felony riot charges when a person is injured.

Current Idaho code classifies a riot as a felony offense if it occurs in/around the state penitentiary, involves the taking of hostages or results in damage to property exceeding $500.

The new legislation would make a riot that results in injury to a person a felony, punishable by up to five years in prison, a $10,000 fine or both.

Rep. Jaron Crane, R-Nampa, sponsored the bill, which he said was requested by a detective of the Nampa Police Department.

“We don’t have a penalty for physical injury to any person,” Crane said in Monday’s hearing. “Really, I’m going to call it a ‘clean-up’ piece of legislation here.”

Crane responded that the bill’s inspiration comes from a case where the detective could not apply additional charges.

The bill drew questions regarding existing Idaho laws on injury to a person. Rep. Heather Scott, R-Blanchard, asked what the bill would do in practical application.

“If you do physical injury to someone already, isn’t that already a crime?” Scott asked.

“Yes, it is, but in the case of a riot code, there’s no penalty,” Crane said. “What was brought forward was an actual example from the detective where he couldn’t assign a penalty because it happened in the case of a riot.”

Nampa Police Lt. Jason Kimball said in a phone interview that there have been several incidents in the last two years resulting in injury to the department’s officers. Kimball said the bill is intended to equalize property damages and personal injuries, citing gang violence as a key point of concern.

“The person that caused the injury would be charged, and the people with them,” Kimball said. “Somebody sustained a serious injury, I think a broken jaw. The person that did the battery we were able to charge with a felony, but we couldn’t charge everyone participating.”

Riots in Idaho are few and far between. In June 2022, 31 members of Patriot Front, a white nationalist group, were arrested in Coeur d’Alene on misdemeanor charges of conspiracy to riot at Pride in the Park. A judge later sentenced five of the men to five days of jail time and a $1,000 fine each with probation.

The committee voted unanimously to introduce the bill, which will be heard with public testimony at a later date.