2005 Idaho Code - 19-2520 — EXTENDED SENTENCE FOR USE OF FIREARM OR DEADLY WEAPON

                                  TITLE  19
                              CRIMINAL PROCEDURE
                                  CHAPTER 25
                                   JUDGMENT
    19-2520.  EXTENDED SENTENCE FOR USE OF FIREARM OR DEADLY WEAPON. Any
person convicted of a violation of sections 18-905 (aggravated assault
defined), 18-907 (aggravated battery defined), 18-909 (assault with intent to
commit a serious felony defined), 18-911 (battery with intent to commit a
serious felony defined), 18-1401 (burglary defined), 18-1508(3), 18-1508(4),
18-1508(5), 18-1508(6) (lewd conduct with minor or child under sixteen),
18-2501 (rescuing prisoners), 18-2505 (escape by one charged with or convicted
of a felony), 18-2506 (escape by one charged with or convicted of a
misdemeanor), 18-4003 (degrees of murder), 18-4006 (manslaughter), 18-4015
(assault with intent to murder), 18-4501 (kidnapping defined), 18-5001 (mayhem
defined), 18-6101 (rape defined), 18-6501 (robbery defined), 37-2732(a)
(delivery, manufacture or possession of a controlled substance with intent to
deliver) or 37-2732B (trafficking), Idaho Code, who displayed, used,
threatened, or attempted to use a firearm or other deadly weapon while
committing or attempting to commit the crime, shall be sentenced to an
extended term of imprisonment. The extended term of imprisonment authorized in
this section shall be computed by increasing the maximum sentence authorized
for the crime for which the person was convicted by fifteen (15) years.
    For the purposes of this section, "firearm" means any deadly weapon
capable of ejecting or propelling one (1) or more projectiles by the action of
any explosive or combustible propellant, and includes unloaded firearms and
firearms which are inoperable but which can readily be rendered operable.
    The additional terms provided in this section shall not be imposed unless
the fact of displaying, using, threatening, or attempting to use a firearm or
other deadly weapon while committing the crime is separately charged in the
information or indictment and admitted by the accused or found to be true by
the trier of fact at the trial of the substantive crime.
    This section shall apply even in those cases where the use of a firearm is
an element of the offense.