FTO - Objective 7

Question 1

16-1602
Child Abuse Definitions

Answer 1

(1) “Abused” means any case in which a child has been the victim of:
(a) Conduct or omission resulting in skin bruising, bleeding, malnutrition, burns, fracture of any bone, subdural hematoma, soft tissue swelling, failure to thrive or death, and such condition or death is not justifiably explained.
(b) Sexual conduct, including rape, molestation, incest, prostitution, obscene or pornographic photographing, filming or depiction for commercial purposes, or other similar forms of sexual exploitation.

(2) “Abandoned” means the failure of the parent to maintain a normal parental relationship with his child. Failure to maintain this relationship without just cause for a period of one (1) year shall constitute prima facie evidence of abandonment.
(24) “Mental injury” means a substantial impairment in the intellectual or psychological ability of a child to function within a normal range of performance and/or behavior, for short or long terms.

(25) “Neglected” means a child:
(a) Who is without proper parental care and control, or subsistence, medical or other care or control necessary for his well-being.
(d) Who is without proper education.

Question 2

16-1605
Reporting of abuse, abandonment or neglect

Answer 2

(1) Any physician, resident on a hospital staff, intern, nurse, coroner, school teacher, day care personnel, social worker, or other person having reason to believe that a child under the age of eighteen (18) years has been abused, abandoned or neglected or who observes the child being subjected to conditions or circumstances which would reasonably result in abuse, abandonment or neglect shall report or cause to be reported within twenty-four (24) hours such conditions or circumstances to the proper law enforcement agency or the department.

(3) The notification requirements of subsection (1) of this section do not apply to a duly ordained minister of religion, with regard to any confession or confidential communication made to him in his ecclesiastical capacity in the course of discipline enjoined by the church to which he belongs if:
(a) The church qualifies as tax-exempt
(b) The confession or confidential communication was made directly to the duly ordained minister of religion; and
(c) The confession or confidential communication was made in the manner and context which places the duly ordained minister of religion specifically and strictly under a level of confidentiality that is considered inviolate by canon law or church doctrine. A confession or confidential communication made under any other circumstances does not fall under this exemption.

(4) Failure to report as required in this section shall be a misdemeanor.

Question 3

16-1606
Immunity from Reporting Child Abuse

Answer 3

Any person who has reason to believe that a child has been abused, abandoned or neglected and, acting upon that belief, makes a report of abuse, abandonment or neglect, shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed.

Any person who reports in bad faith or with malice shall not be protected by this section. Any privilege between husband and wife, or between any professional person except the lawyer-client privilege, including but not limited to physicians, counselors, hospitals, clinics, day care centers and schools and their clients shall not be grounds for excluding evidence at any proceeding regarding the abuse, abandonment or neglect of the child or the cause thereof.

Question 4

16-1608
Emergency Custodial Removal

Answer 4

(1) (a) A child may be taken into shelter care by a peace officer without an order when the child is endangered in his surroundings and prompt removal is necessary to prevent serious physical or mental injury to the child or where the child is an abandoned child pursuant to the provisions of chapter 82, title 39, Idaho Code.
(b) An alleged offender may be removed from the home of the victim of abuse or neglect by a peace officer without an order, when the child is endangered and prompt removal of an alleged offender is necessary to prevent serious physical or mental injury to the child.

Question 5

18-1501
Injury to children

Answer 5

(1) Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of such child to be injured, or willfully causes or permits such child to be placed in such situation that its person or health is endangered.
(2) Any person who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of such child to be injured, or willfully causes or permits such child to be placed in such situation that its person or health may be endangered, is guilty of a misdemeanor.
(3) A person commits the crime of injury to a child if the person transports a minor in a motor vehicle while under the influence of alcohol, intoxicating liquor, a controlled substance, or any combination.

Question 6

18-1506
Sexual abuse of a child under the age of sixteen years

Answer 6

(1) It is a felony for any person eighteen (18) years of age or older, with the intent to gratify the lust, passions, or sexual desire of the actor, minor child or third party, to:
(a) Solicit a minor child under the age of sixteen (16) years to participate in a sexual act;
(b) Cause or have sexual contact with such minor child, not amounting to lewd conduct as defined in section 18-1508, Idaho Code;
(c) Make any photographic or electronic recording of such minor child; or
(d) Induce, cause or permit a minor child to witness an act of sexual conduct.

Question 7

18-1507
Sexual Exploitation of a Child
(F)

Answer 7

(2) A person commits sexual exploitation of a child if he knowingly and willfully:
(a) Possesses or accesses through any means including, but not limited to, the internet, any sexually exploitative material; or
(b) Causes, induces or permits a child to engage in, or be used for, any explicit sexual conduct for the purpose of producing or making sexually exploitative material; or
(c) Promotes, prepares, publishes, produces, makes, finances, offers, exhibits or advertises any sexually exploitative material; or
(d) Distributes through any means including, but not limited to, mail, physical delivery or exchange, use of a computer or any other electronic or digital method, any sexually exploitative material. Distribution of sexually exploitative material does not require a pecuniary transaction or exchange of interests in order to complete the offense.

Question 8

18-1508
Lewd conduct with minor child under sixteen

Answer 8

Any person who shall commit any lewd or lascivious act or acts upon or with the body or any part or member thereof of a minor child under the age of sixteen (16) years, including but not limited to, genital-genital contact, oral-genital contact, anal-genital contact, oral-anal contact, manual-anal contact, or manual-genital contact, whether between persons of the same or opposite sex, or who shall involve such minor child in any act of bestiality or sado-masochism as defined in section 18-1507, Idaho Code, when any of such acts are done with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of such person, such minor child, or third party, shall be guilty of a felony and shall be imprisoned in the state prison for a term of not more than life.

Question 9

18-1509
Enticing a Child
(M)

Answer 9

(1) A person shall be guilty of a misdemeanor if that person attempts to persuade, or persuades, whether by words or actions or both, a minor child under the age of sixteen (16) years to either:
(a) Leave the child’s home or school; or
(b) Enter a vehicle or building; or
(c) Enter a structure or enclosed area, or alley, with the intent that the child shall be concealed from public view;
while the person is acting without the authority of (i) the custodial parent of the child, (ii) the state of Idaho or a political subdivision thereof or (iii) one having legal custody of the minor child. Nothing contained in this section shall be construed to prevent the lawful detention of a minor child or the rendering of aid or assistance to a minor child.

Question 10

18-1511
Trafficking of Children

Answer 10

Any person or persons who shall sell or barter any child for adoption or for any other purpose, shall be guilty of a felony.

Question 11

18-1701
Criminal Conspiracy

Answer 11

If two (2) or more persons combine or conspire to commit any crime or offense prescribed by the laws of the state of Idaho, and one (1) or more of such persons does any act to effect the object of the combination or conspiracy, each shall be punishable upon conviction in the same manner and to the same extent as is provided under the laws of the state of Idaho for the punishment of the crime or offenses that each combined to commit.

Question 12

18-711
Impersonating an Officer
(F)

Answer 12

Any person who shall in this state unlawfully exercise or attempt to exercise the functions of, or hold himself out to any one as, a deputy sheriff, marshal, policeman, constable or peace office shall be guilty of a felony.

Question 13

18-801
Definitions - Arson

Answer 13

Definitions. In this chapter, the following terms have the following meanings:

(1) “Damage”, in addition to its ordinary meaning, includes any charring, scorching, burning or breaking, and shall include any diminution in the value of any property as a consequence of an act;
(2) “Dwelling” means any structure used or intended for use as human habitation;
(3) “Structure” means any building of any kind, including fixtures and appurtenances attached thereto, any coliseum, bridge or carport, any tent or other portable building, or any vehicle, vessel, watercraft or aircraft;
(4) “Real property” means any land, and shall include any crops growing thereon;
(5) “Personal property” means any tangible property, including anything severed from the land;
(6) “Forest land” means any brush covered land, cut-over land, forest, prairie, grasslands, wetlands or woods;
(7) “Firefighter” means any person assisting in the suppression or extinguishment of any fire or explosion.

Question 14

18-802
Arson - First Degree
(F)

Answer 14

Any person who willfully and unlawfully, by fire or explosion, damages:

(1) Any dwelling, whether occupied or not; or
(2) Any structure, whether occupied or not, in which persons are normally present, including without limitation: jails, prisons or detention centers; hospitals, nursing homes or other health care facilities; department stores, office buildings, business establishments, churches or educational institutions, or other similar structures; or
(3) Any other structure which the actor has reasonable grounds to believe is occupied by a human being; or
(4) Any real or personal property, whether the property of the actor or another, with the intent to deceive or harm any insurer or any person with a legal or financial interest in the property, or obtain any financial gain for the actor or another;

Question 15

18-803
Arson - Second Degree

Answer 15

Any person who willfully and unlawfully, by fire or explosion, damages any structure, whether the property of the actor or another, not included or described in the preceding section, is guilty of arson in the second degree.

Question 16

18-804
Arson - Third Degree

Answer 16

Any person who willfully and unlawfully, by fire or explosion, damages:
(1) Any real or personal property of another; or
(2) Any forest land;
is guilty of arson in the third degree.

Question 17

18-805
Aggravated Arson

Answer 17

A person whose violation of sections 18-802, 18-803 or 18-804, Idaho Code, results, directly or indirectly, in great bodily harm, permanent disability, permanent disfigurement or death of a firefighter or any other person, regardless of intent or lack of intent to cause such harm.

Question 18

19-401
Statute of Limitations - No Expiration

Answer 18

Notwithstanding any other provision of law, there is no limitation of time within which a prosecution for the following crimes must be commenced:

(1) Murder;
(2) Voluntary manslaughter;
(3) Rape
(4) Sexual abuse of a child or lewd conduct with a child or
(5) An act of terrorism

Question 19

19-402
Statute of Limitations - Felonies

Answer 19

A prosecution for any felony other than those specified in section 19-401, Idaho Code, must be commenced by the filing of the complaint or the finding of an indictment within five (5) years after its commission provided however, a prosecution must be commenced within three (3) years after the date of initial disclosure by the victim.

Question 20

19-403
Statute of LImitations - Misdemeanor

Answer 20

(1) Except as provided in subsections (2) and (3) of this section, a prosecution for any misdemeanor must be commenced by the filing of the complaint or the finding of an indictment within one (1) year after its commission.
(2) A prosecution for failure to report or failure to cause to be reported the abuse, abandonment or neglect of a child must be commenced by the filing of the complaint or the finding of an indictment within four (4) years after its commission.
(3) A prosecution for misuse of funds must be commenced by the filing of the complaint or the finding of an indictment within five (5) years after its commission.

Question 21

20-505
Juvenille Jurisdiction

Answer 21

Subject to the prior jurisdiction of the United States, the court shall have exclusive, original jurisdiction over any juvenile and over any adult who was a juvenile at the time of any act, omission or status, in the county in which the juvenile resides, or in the county in which the act, omission or status allegedly took place, in the following cases:

(1) Where the act, omission or status occurs in the state of Idaho and is prohibited by federal, state, local or municipal law or ordinance by reason of minority only;
(2) Where the act or omission occurs in the state of Idaho and is a violation of any federal, state, local or municipal law or ordinance which would be a crime if committed by an adult;
(3) Concerning any juvenile where the juvenile comes under the purview of the interstate compact for juveniles as set forth in chapter 19, title 16, Idaho Code;
(4) This chapter shall not apply to juvenile violators of beer, wine or other alcohol and tobacco laws; except that a juvenile violator under the age of eighteen (18) years at the time of the violation may, at the discretion of the court, be treated under the provisions of this chapter;
(5) This chapter shall not apply to the juvenile offenders who are transferred for criminal prosecution as an adult, as provided in this chapter;
(6) This chapter shall not apply to juvenile violators of traffic, watercraft, fish and game, failure to obey a misdemeanor citation and criminal contempt laws; except that a juvenile violator under the age of eighteen (18) years at the time of such violation may, at the discretion of the court, be treated under the provisions of this chapter;
(7) This chapter shall not apply to juvenile sex offenders who violate the provisions of section 18-8414, Idaho Code.

Question 22

49-1627
Dealer License Plates

Answer 22

(1) Any dealer or manufacturer license plate issued may, during the calendar year for which issued, be transferred from one (1) vehicle to another owned or operated by such manufacturer or dealer, in pursuance of his business as a manufacturer or dealer.
(3) A dealer plate may be used on a vehicle assigned for personal use on a full-time basis to the dealer, or licensed full-time vehicle salesman. This personal use exception applies only to the manufacturer, dealer, or licensed full-time vehicle salesman personally, and any other persons, including members of their families, are excluded. A prospective purchaser of a vehicle may have possession of the vehicle with a dealer plate for not more than ninety-six (96) hours or may operate the vehicle when accompanied by the manufacturer, dealer or a licensed vehicle salesman.

Question 23

49-602
Limitations on Backing
Fine $90

Answer 23

(1) The driver of a vehicle shall not back the vehicle unless that movement can be made with safety and without interfering with other traffic.
(2) The driver of a vehicle shall not back it upon any shoulder or lane of travel of any controlled-access highway.

Question 24

49-602
Unattended motor vehicles
Fine $67

Answer 24

No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key from the ignition, effectively setting the parking brake and, when standing upon any grade, turning the front wheels to the curb or side of the highway.

Question 25

49-615
Drivers to Excercise Due Care

Answer 25

Notwithstanding other provisions of this title or the provisions of any local ordinance, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and shall give an audible signal when necessary. Every driver shall exercise proper precaution upon observing any child or any obviously confused, incapacitated or intoxicated person.

Question 26

49-630
Drive on right side of roadway
Fine $90

Answer 26

(1) Upon all highways of sufficient width a vehicle shall be driven upon the right half of the roadway except as follows:
(a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;
(b) When an obstruction exists making it necessary to drive to the left of the center of the highway. Any person doing so shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within a distance as to constitute an immediate hazard;
(c) Upon a highway divided into three (3) marked lanes for traffic under the applicable rules; or
(d) Upon a highway restricted to one-way traffic.

(2) Upon all highways any vehicle proceeding at less than normal speed of traffic at the time and place and under the conditions then existing, shall be driven in the right-hand lane available for traffic, or as close as practicable to the right-hand curb or edge of the highway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.
(3) No vehicle shall be driven to the left of the center line upon any highway having four (4) or more lanes for moving traffic and providing for two-way movement of traffic, except when authorized by a traffic-control device designating certain lanes to the left side of the center of the highway for use by traffic not otherwise permitted to use such lanes, or except as permitted under subsection (1)(b) of this section. This subsection shall not be construed as prohibiting the crossing of the centerline in making a left turn into or from an alley, private road or driveway.

Question 27

49-632
Overtaking a vehicle on the left
Fine $90

Answer 27

The following shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions and special requirements stated:

(1) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.
(2) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.

Question 28

49-633
Passing on the RIght
Fine $90

Answer 28

(1) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
(a) When the vehicle overtaken is making or about to make a left turn;
(b) Upon a highway with unobstructed pavement of sufficient width for two (2) or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.
(2) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. That movement shall not be made by driving off the roadway.

Question 29

49-636
One-way highways
Fine $90

Answer 29

Upon a highway designated for one-way traffic, a vehicle shall be driven only in the direction designated at all or such times as shall be indicated by traffic-control devices.

Question 30

49-651
Emerging from alley, driveway or building
Fine $90

Answer 30

The driver of a vehicle emerging from an alley, building, private road or driveway within a business or residential district shall stop the vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across the alley, building entrance, or driveway, or in the event there is no sidewalk area, shall stop at the point nearest the highway to be entered where the driver has a view of approaching traffic.

Question 31

PM 2.06
Bomb Threats

Answer 31

II. PROCEDURE
A. Primary Officer Responsibilities:
1. Respond to scene.
2. Radio arrival when several blocks away, (radio transmissions may detonate some type of explosive devices).
3. All further communications to be conducted by telephone. Officers should consider not using radios, Mobile Data Computers (MDC’s), and cordless or cellular telephones within 100 yards of a suspected location.
4. Obtain information from the person who received the bomb threat.
5. Communications personnel will notify shift supervisor and advise of situation. If circumstances merit, the supervisor will respond to the scene and assume control.
6. Communications Personnel will notify the on-duty Fire Battalion Chief of the circumstances by phone.
7. The on-duty supervisor should consider what businesses or residents in the vicinity should be contacted.

B. Steps To Be Taken At The Scene:

1. Contact the person in charge of the threatened premise/property, or his/her designee, and advise him/her of the situation. Explain to the citizen in charge of the building that it is his/her decision whether or not to evacuate the premises.
2. Should a suspect device be found:
   a. Order an immediate evacuation of the building and adjacent buildings as appropriate.
   b. Designate a location to which the building’s occupants will be escorted to keep them out of danger.
   c. Clear the area of all persons, including police officers, except those trained for disposal.

d. Request the assistance of bomb disposal personnel
e. Have fire and ambulance personnel stand by near the scene.
f. Notify chain of command as appropriate.
g. Notify Investigation Section.
h. Conduct preliminary investigation.

Question 32

PM 2.07
Juvenile Detention Procedure

Answer 32

1. Admission
   a. Juveniles arrested of any misdemeanor or felony crimes as defined in specific Idaho Code, can be detained at the Detention Center, except those juveniles charged as adults, or status offenders without a valid court order.
   1) For purposes of the definition of status offenders, runaway juveniles shall not be detained at the Detention Center without a valid court order, unless they are from a foreign jurisdiction.
   a) Foreign jurisdictions shall be defined as any youth who does not reside within the boundaries of the State of Idaho.
   b) For in-state status offenders from out of the area, contact Court Services for assistance in maintaining a watch on the juvenile until responsible party can respond.
   b. Juveniles committed to detention by order of the court will be detained at the Detention Center.
   c. Juveniles who have committed a probation violation will not be held at the Detention Center without a court order.
   d. Juveniles under the influence of intoxicants or drugs will not be held at the Detention Center, except those juveniles suspected of misdemeanor or felony crimes defined in specific Idaho Code. In those instances, a medical certification of fitness for detention, completed and signed by a licensed physician, shall be presented to staff at the Detention Center prior to admission.
   e. Juveniles suffering from mental illness will not be held in the Detention Center, except those juveniles suffering from mental illness who are suspected of misdemeanor or felony crimes defined in specific Idaho Code. In those instances, a mental certification of fitness for detention, completed and signed by a licensed mental health examiner, shall be presented to staff at the Detention Center prior to admission.
2. Detaining Officer Procedure
   a. The detaining officer shall make a diligent effort to contact the juvenile’s parents/responsible adult and notify them of the juvenile’s status. And where appropriate, the officer shall make any and all reasonable efforts to release the said juvenile to their parents/ responsible adults custody, providing the community can be ensured that it is reasonably safe from the offender.
   b. When possible, the officer should call the appropriate probation officer of the juvenile (if on probation) and notify them of the status of the juvenile and the circumstances surrounding the case.
   c. If the officer determines the juvenile being detained is a candidate for detention, they shall contact the Detention Center via telephone as soon as possible
   d. If the juvenile is to be placed in detention, the officer will transport the juvenile to the Detention Center.
   e. The above noted procedures shall be completed by the detaining officer prior to the transport of the juvenile to the Detention Center.
3. The detaining officer shall supply the Detention Center with information to assist the detention center staff in filling out the Information Sheet (a state requirement) upon admission of the juvenile to the facility. The officer shall complete the appropriate blanks in the Agency Request portion of the form, and sign and date it. (Appendix A)
4. Fingerprinting and Photographing of Juveniles
   Juveniles who have been contacted for committing a misdemeanor or felony crime, can, in certain instances be taken to the police department to be fingerprinted and photographed. This can be done whether or not the juvenile meets the criteria for being taken to the Juvenile Detention Center, but the officer sees the benefit of having the juvenile’s picture and fingerprints on file.
   The Officer will take fingerprints of the juvenile using the fingerprint area near the evidence area of the station. The officer will use one fingerprint card. The officer taking the fingerprints will fill out the fingerprint card completely before turning it over to the evidence section to be processed. Fingerprint cards will be turned over to the property custodian via the evidence transfer area. These will then be sent to ISP for processing and filing. The photograph of the juvenile will be taken in the designated area. The photograph of the juvenile will be two pictures looking directly at the camera. This photograph should be from approximately the shoulders up. The photographs will be saved to a flash drive or similar device or emailed and given to the Computer Specialist, with the juveniles name and/or name number attached. The Computer Specialist will download the photographs into Spillman.
   Officers who have brought a juvenile to the station to be fingerprinted and photographed will attempt to make contact with the juvenile’s parents or guardian as soon as the process is completed. The juvenile will then be released to the responsible adult or detained at the Juvenile Detention Center, as soon as feasible. The juvenile will not be left unsupervised at the station for any reason.
   Officers will document in their report that they brought the juveniles to the station to be fingerprinted and photographed.

Question 33

PM 4.03
NCIC Entries

Answer 33

II. ENTRY
The entry or update will be made by the communications specialist receiving the information. The NCIC manuals should be consulted for format requirements and entry criteria.
A. Ensure the record contains all available information at the time of entry by cross-checking criminal history, registration, driver’s check, or other sources for pertinent information. This documentation shall be attached to the case file.
B. Descriptive information not entered as part of the format will be included in the miscellaneous field. If sufficient space is not available, a supplemental entry will be made.
C. The entry will be recorded in the NCIC logbook for persons or vehicles.