18-2409 — PLEADING AND PROOF


                                  TITLE  18
                            CRIMES AND PUNISHMENTS
                                  CHAPTER 24
                                    THEFT
    18-2409.  PLEADING AND PROOF. (1) Where it is an element of the crime
charged that property was taken from the person or obtained by extortion, an
indictment, complaint or information for theft must so specify. In all other
cases, an indictment, information or complaint for theft is sufficient if it
alleges that the defendant stole property of the nature or value required for
the commission of the crime charged without designating the particular way or
manner in which such property was stolen or the particular theory of theft
involved.
    (2)  Proof that the defendant engaged in any conduct constituting theft as
defined in section 18-2403, Idaho Code, is sufficient to support any
indictment, information or complaint for theft other than one charging theft
by extortion. An indictment, complaint or information charging theft by
extortion must be supported by proof establishing theft by extortion.