2005 Idaho Code - 19-5307 — FINES IN CASES OF CRIMES OF VIOLENCE

                                  TITLE  19
                              CRIMINAL PROCEDURE
                                  CHAPTER 53
                      COMPENSATION OF VICTIMS OF CRIMES
    19-5307.  FINES IN CASES OF CRIMES OF VIOLENCE. (1) Irrespective of any
penalties set forth under state law, and in addition thereto, the court, at
the time of sentencing or such later date as deemed necessary by the court,
may impose a fine not to exceed five thousand dollars ($5,000) against any
defendant found guilty of any felony listed in subsection (2) of this section.
    The fine shall operate as a civil judgment against the defendant, and
shall be entered on behalf of the victim named in the indictment or
information, or the family of the victim in cases of homicide or crimes
against children, and shall not be subject to any distribution otherwise
required in section 19-4705, Idaho Code. A fine created under this section
shall be a separate written order in addition to any other sentence the court
may impose.
    The fine contemplated in this section shall be ordered solely as a
punitive measure against the defendant, and shall not be based upon any
requirement of showing of need by the victim. The fine shall not be used as a
substitute for an order of restitution as contemplated in section 19-5304,
Idaho Code, nor shall such an order of restitution or order of compensation
entered in accordance with section 72-1018, Idaho Code, be offset by the entry
of such fine.
    A defendant may appeal a fine created under this section in the same
manner as any other aspect of a sentence imposed by the court. The imposition
of a fine created under this section shall not preclude the victim from
seeking any other legal remedy; provided that in any civil action brought by
or on behalf of the victim, the defendant shall be entitled to offset the
amount of any fine imposed pursuant to this section against any award of
punitive damages.
    (2)  The felonies for which a fine created under this section may be
imposed are those described in:
    Section 18-805, Idaho Code (Aggravated arson);
    Section 18-905, Idaho Code (Aggravated assault);
    Section 18-907, Idaho Code (Aggravated battery);
    Section 18-909, Idaho Code (Assault with intent to commit a serious
         felony);
    Section 18-911, Idaho Code (Battery with intent to commit a serious
         felony);
    Section 18-913, Idaho Code (Felonious administration of drugs);
    Section 18-1501, Idaho Code (Felony injury to children);
    Section 18-1506, Idaho Code (Sexual abuse of a child under the age of
         sixteen);
    Section 18-1506A, Idaho Code (Ritualized abuse of a child);
    Section 18-1507, Idaho Code (Sexual exploitation of a child);
    Section 18-1508, Idaho Code (Lewd conduct with a child under the age of
         sixteen);
    Section 18-4001, Idaho Code (Murder);
    Section 18-4006, Idaho Code (Felony manslaughter);
    Section 18-4014, Idaho Code (Administering poison with intent to kill);
    Section 18-4015, Idaho Code (Assault with intent to murder);
    Section 18-4502, Idaho Code (First degree kidnapping);
    Section 18-5001, Idaho Code (Mayhem);
    Section 18-5501, Idaho Code (Poisoning food, medicine or wells);
    Section 18-6101, Idaho Code (Rape);
    Section 18-6108, Idaho Code (Male rape);
    Section 18-6501, Idaho Code (Robbery).