18-3325. PROHIBITION — POSSESSION — USE OF CONDUCTED ENERGY DEVICE — PENALTIES. (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.
(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.
History:
[18-3325, added 2008, ch. 333, sec. 1, p. 918.]
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