(1) It shall be a misdemeanor to possess a conducted energy device by:
(a) Any person found guilty of a felony who is not finally discharged from a sentence of imprisonment, probation or parole; or
(b) Any person who, having been found guilty of a felony, has not had his or her civil right to ship, transport, possess or receive a firearm restored.
(2) Use of a conducted energy device during the commission of a felony offense shall constitute a separate felony offense.
Terms Used In Idaho Code 18-3325
- Felony: A crime carrying a penalty of more than a year in prison.
- Firearm: means any weapon that will, is designed to, or may readily be converted to expel a projectile by the action of an explosive;
Idaho Code 30-30-101
Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement. person: includes a corporation as well as a natural person;
Idaho Code 73-114
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(3) Use of a conducted energy device during the commission of any of the following misdemeanor crimes of violence: sections 18-901, 18-903, 18-917 or 18-918, Idaho Code, shall result in double the penalties provided for in Idaho Code regarding those crimes.
(4) A sentence imposed for a violation of the provisions of this section shall be imposed separate from and consecutive to the sentence for any offense based on the act establishing the offense under this section.
(5) For purposes of this section, "conducted energy device" means any item that emits an electrical current, impulse, wave or beam, which current, impulse, wave or beam is designed to incapacitate, injure or kill.