TallyIDAHOLegislative Tracker
S13402022 Regular SessionSigned into law

Amends existing law to revise the definition of “owner.”

THEFT -- Amends existing law to revise the definition of “owner.”

IntroducedIn CommitteeFloor VoteEnacted
▶ Show statement of purpose

Relating to theft, Title 18, Chapter 24, adds language to the definition of “owner” to address concerns raised by the Idaho Supreme Court in the State v. Dix, 166 Idaho 851 (2020). In that case, the Idaho Supreme Court held that a person who takes possession of goods based upon fraudulent intent and using false promises of payment becomes the “owner” of those goods immediately upon receipt, despite the use of fraud, thereby making the act not qualify as a theft. The Court’s decision was based on the current definition of “owner” in I.C. § 18-2402(6) and parts of the Uniform Commercial Code. This bill changes the definition of “owner” to further clarify that the taking of goods by use of false promises or fraud does not convey superior ownership or possessory rights to the individual receiving the goods.

house Chamber· Mar 18, 2022

House Third Reading

✓ Passed
66 Yea
0 Nay
4 absentPassed by 66 votes
Republican
54 yea/0 nay
Democrat
12 yea/0 nay
Show all 66 voter names

Session Law Chapter 212 Effective: 07/01/2022