Idaho's got some laws that'll make you do a double-take. From legal cannibalism exceptions to potato grading felonies, the Gem State's legal code reads like a comedy writer's fever dream. After diving deep into Idaho's statutes, I found some truly bizarre laws that are still technically enforceable today, each with its own wild backstory.
Food laws that protect potatoes but permit cannibalism
Let's start with the most shocking one: Idaho is the only U.S. state that explicitly prohibits cannibalism. Yeah, you read that right. Idaho Code § 18-5003 makes willful ingestion of human flesh or blood punishable by up to 14 years in prison. But here's where it gets weird… the law includes an affirmative defense for "extreme life-threatening conditions as the only apparent means of survival."
This bizarre legislation emerged from a genuinely dark chapter in Idaho history. The law was passed in 1990 as House Bill 817, following the November 1989 "Baby X" case in Minidoka County, which involved alleged ritualistic child abuse. The case shocked the state and legislators decided they needed to close what they saw as a legal loophole.
Here's the kicker: Idaho has never actually prosecuted anyone for cannibalism. Not once. The law just sits there on the books, waiting for its moment. And apparently some legislators think it needs updating. In 2024, Rep. Heather Scott introduced House Bill 522 to expand the law to include giving someone human flesh without their knowledge. Because apparently, that's a concern now.
Meanwhile, Idaho takes its potatoes very, very seriously
While cannibalism gets a pass in survival situations, serving substandard potatoes? That's where Idaho draws the line. Idaho Code § 22-902 establishes strict standards for potatoes labeled "Idaho Deluxe." We're talking serious specifications here:
- Minimum 2 inches in diameter
- At least 4 ounces in weight
- 40% must weigh 6+ ounces
- "Fairly well shaped"
- Free from freezing injury
- No blackheart or soft rot
- Detailed defect tolerances
This law dates back to 1941, possibly even 1930, born from potato industry lobbying to protect Idaho's agricultural brand. Violators face misdemeanor charges with up to $500 fines and six months in jail. Twin Falls Prosecutor Grant Loebs explains the origin perfectly: "I think the Idaho potato producers probably came and said, 'We need a law that protects our potato brand from people producing shoddy potatoes.'"
The Idaho Department of Agriculture actively enforces these standards, though actual prosecutions remain rare thanks to industry self-regulation. Still, the message is clear: mess with Idaho's potato reputation at your own peril.
Public behavior laws that legislate happiness and morality
Now for my personal favorite: the law that made frowning illegal. On August 5, 1948, Pocatello passed Ordinance No. 1100, which made it illegal to "display frowns, grimaces, scowls, threatening and glowering looks, gloomy and depressed facial appearances" within city limits.
The backstory is actually kind of sweet. Mayor George Phillips enacted this tongue-in-cheek law after the exceptionally harsh winter of 1947-1948, which featured 13 consecutive weeks of snowstorms. The city was collectively bummed out, and the mayor decided to legislate some happiness into existence.
The ordinance created "special smileage checking stations" and deputized individuals to arrest "smileage failures." If you got caught frowning, you had to report to the nearest station and provide "sufficient smiles" to match your offense. While it was only enforceable during "This Week Pocatello Smiles" (August 9-14, 1948), the law was never officially repealed.
The ordinance gained renewed fame in 1987 when the American Bankers Association used it in advertising about outdated laws. This led to Pocatello being declared the "U.S. Smile Capital," which honestly, they've really embraced.
Sex and morality laws that lasted way too long
Idaho held onto some Victorian-era morality laws well into the 21st century, and they weren't just symbolic. Former Idaho Code § 18-6603 criminalized fornication, which is just a fancy legal term for sex between unmarried people. Dating back to 1921, violations could net you $300 in fines or six months in jail.
These weren't dusty relics either. In 1996, Gem County Prosecutor Douglas Varie charged approximately 10 pregnant teenage girls and their boyfriends with fornication. In 2004, Twin Falls Prosecutor Grant Loebs won a conviction against a 14-year-old girl, resulting in 90 days of juvenile detention (mostly suspended) and probation.
Even more severe was former Idaho Code § 18-6601, which made adultery a felony punishable by up to three years in state penitentiary. In 2002, a 20-year-old man in Jerome County took a plea deal for adultery to avoid sex offender registration on more serious charges.
Both laws were finally repealed in 2022 through Senate Bill 1325, following constitutional concerns raised after the Supreme Court's Lawrence v. Texas decision in 2003. It only took Idaho 19 years to catch up.
But wait, there's more! Idaho Code § 32-208, titled "Release from contract for unchastity," is still on the books. This territorial-era gem lets you break off an engagement if you discover your betrothed's "want of personal chastity." The catch? It doesn't apply if you've both been unchaste. This law dates back to Idaho's territorial days (1863-1890) and while it's essentially unenforceable today, nobody's bothered to repeal it.
Transportation laws that defy logic
Here's something wild: Idaho actually legalizes speeding in certain situations. Idaho Code § 49-654(2)(b) allows drivers to exceed the posted speed limit by up to 15 mph while passing on two-lane roads where the limit is 55 mph or higher. But there are rules:
- Only passenger cars, motorcycles, or pickups
- Not if you're towing anything
- Only while actively passing
- Only on two-lane roads
This law was added in 1988 and amended in 2015, aimed at reducing the time drivers spend in opposing traffic lanes during passing maneuvers. It's actually pretty practical when you think about it, though explaining it to an out-of-state cop might be interesting.
The mysterious motorcycle age limit
Even stranger is a reported law that prohibits anyone over 88 from riding motorcycles within Idaho Falls city limits. The exact ordinance number remains elusive, and no documented arrests or citations have been found where someone over 88 was actually fined for riding a motorcycle in Idaho Falls.
This suggests either minimal enforcement or that the law might be more urban legend than legal reality. Still, if you're 89 and cruising through Idaho Falls on your Harley, maybe keep an eye out for cops… just in case.
The camel fishing law that wasn't quite
One of Idaho's most famous "weird laws" involves fishing from a camel's back. The truth is both less and more interesting than the legend. House Bill 210, passed in 1917, made it "unlawful to ride up or down a stream on the back of any animal while fishing."
Contrary to popular folklore, the law didn't specifically mention camels. Idaho Fish and Game Warden Leroy C. Jones justified the law by stating: "Traveling up and down streams with a horse destroys trout eggs." By 2009, Idaho Fish and Game confirmed this law no longer appeared in their rules, though "chasing fish up or downstream in any manner" remains illegal.
Animal laws from frontier days still on the books
Some of Idaho's strangest laws reflect its agricultural heritage and frontier past. Take Idaho Code § 25-2101, titled "Hogs Need Not Be Fenced Against." Effective since 1889, this law essentially says you don't have to build a fence to keep your neighbor's hogs out.
If hogs trespass on your property, you can capture them and charge the owner 50 cents per head, plus expenses and damages. Violators face up to 6 months in jail or $1,000 fines. Attorney Grant Loebs speculates about the historical context: "Probably what happened is somebody with hogs running loose said, 'My hogs wouldn't ruin your land if it had an appropriate fence' and the guy said, 'I shouldn't have to put up fences to keep your hogs off my land.'"
Comprehensive stallion regulations
Idaho Code sections 25-2108 through 25-2111 comprehensively regulate stallions running at large. These early 1900s livestock management laws include:
- Taking up procedures
- Notice requirements
- Sale procedures
- Liability provisions
- Care standards
- Redemption rights
The laws remain technically enforceable, reflecting an era when controlling breeding stock was crucial for frontier communities. Today, they're more historical curiosity than practical regulation.
When animals turn deadly
Most serious among animal regulations is Idaho Code § 18-5808, "Permitting Mischievous Animal at Large." Dating to at least 1937, this law makes it a felony if an owner knowingly allows a dangerous animal to roam free and that animal kills someone who took reasonable precautions.
Penalties include up to 5 years in prison or $50,000 fines. As Attorney Loebs explains: "What that says is that if you've got some kind of crazy strange animal and it kills somebody, then you're responsible." This one actually gets enforced when incidents occur.
Obsolete technology and Sunday restrictions
Some laws persist long after their original purpose vanished. Idaho Code § 18-6801 criminalizes destroying telegraph lines. Enacted in 1972 based on earlier laws, it's been updated to include modern telecommunications equipment.
Twin Falls Attorney Grant Loebs observes: "There might be a place in Idaho where there still is a telegraph. I wouldn't have any idea." The law lives on, protecting infrastructure that largely doesn't exist anymore.
Blue laws that still bite
Idaho maintains several "blue laws" restricting Sunday activities. Idaho Code § 23-927 prohibits liquor sales from 1:00 AM to 10:00 AM on Sundays, Memorial Day, Thanksgiving, and Christmas. Added in 1947 and updated through 2008, this law reflects post-Prohibition era Sunday observance traditions.
The Idaho State Police Alcohol Beverage Control Bureau actively enforces these restrictions, with violations resulting in license penalties and potential criminal charges. So plan your Sunday morning mimosa supplies accordingly.
The merry-go-round prohibition mystery
From 1907 to 1936, Idaho law banned riding merry-go-rounds on Sundays as part of broader restrictions on secular entertainment. The original Title 18, Chapter 62 prohibited theaters, dance houses, racetracks, circuses, and bowling alleys from Sunday operation, with penalties of $50 fines and 10 days in jail.
This law remained mysteriously absent from digital archives, fueling decades of debate about its existence until researchers confirmed its 1936 repeal. The mystery added to its legend status among weird law enthusiasts.
Exclusive white cane use
Here's one that sounds discriminatory but had good intentions: Idaho Code § 18-5810 grants exclusive use of white or red-and-white canes to blind persons. Enacted February 20, 1937, this law emerged from a national Lions Club International campaign after a member observed difficulties blind pedestrians faced with black canes.
Violations constitute misdemeanors punishable by up to 6 months jail and $1,000 fines, though prosecutions remain virtually non-existent. The law aimed to create a universal visual signal for drivers to identify blind pedestrians.
The reality of enforcement
Understanding how these laws function today requires examining enforcement patterns. According to Twin Falls Prosecutor Grant Loebs: "As with everybody, for prosecutors and policemen, the law is the law. There are some laws that aren't enforced as aggressively as others either because there's no harm, there's no complaint, nobody calls it in, we're unaware of it, or it's difficult to know that it's happening."
Active enforcement focuses on laws protecting public safety and economic interests. Potato grading standards get regular monitoring by agricultural inspectors. Sunday liquor restrictions see systematic enforcement with license penalties. Dangerous animal statutes get prosecuted when incidents occur. Telecommunications destruction laws have been updated and enforced for modern infrastructure.
Meanwhile, nobody's checking if your hogs are trespassing, whether stallions are running at large, or if you're illegally carrying a white cane. The cannibalism law sits unused, waiting for its moment that hopefully never comes.
Idaho's legal evolution continues
These unusual laws paint a fascinating portrait of Idaho's transformation from frontier territory to modern state. Each statute emerged from specific historical circumstances, whether protecting agricultural brands, managing livestock in mining towns, or enforcing Victorian moral codes. While many seem absurd today, they served practical purposes for their era.
Idaho has shown willingness to modernize its code, as demonstrated by the 2022 repeal of fornication and adultery laws. Yet numerous oddities remain, creating a legal landscape where you can legally speed while passing, but technically can't ride a motorcycle if you're 89 in Idaho Falls. Where cannibalism requires an explicit prohibition, but substandard potatoes warrant criminal penalties. Where frowning was once illegal in Pocatello, and stallions still technically can't run free anywhere in the state.
For anyone curious to explore more of Idaho's unique legal code, check out the Idaho State Legislature website where you can browse current statutes yourself. The City of Pocatello embraces its smile ordinance history as part of local culture. And if you're planning to sell potatoes or liquor, the Idaho Department of Agriculture and Idaho State Police Alcohol Beverage Control have all the regulations you need to stay on the right side of these peculiar laws.
These laws remind us that legislation reflects its time and place. What seems sensible in one era becomes absurd in another. But they also show how communities use law to protect what matters to them… even if that means criminalizing bad potatoes while providing legal exceptions for cannibalism. Only in Idaho, folks. Only in Idaho.
