Willfully And Wantonly Allowing Estrays — Damage

TITLE 25 ANIMALS CHAPTER 23 ESTRAYS 25-2313. WILLFULLY and wantonly ALLOWING ESTRAYS — Damage. (1) A person who willfully and wantonly allows livestock under his control to stray as defined in section 25-2301 , Idaho Code, shall be: guilty of an infraction and subject to a fine of two hundred fifty dollars ($250) for a first offense; guilty of an infraction and a fine of five hundred dollars ($500) for a second offense within five (5) years of the first offense; and guilty of a misdemeanor and a fine of seven hundred fifty dollars ($750) for a third or subsequent violation within five (5) years of the previous violation. (2)  A person willfully and wantonly allows livestock to stray if he refuses to take possession of the livestock within three (3) days after being notified by the sheriff or brand inspector as provided in section 25-2302 , Idaho Code. (3)  If such stray livestock enter and cause damage to any cultivated land as defined in section 18-7008 , Idaho Code, then the owner of the livestock may be charged at a rate not to exceed ten dollars ($10.00) per head per day for cattle and horses or at a rate not to exceed four dollars ($4.00) per head per day for other animals following notification from the sheriff or brand inspector to the individual who owns or controls the livestock. Such damages shall be payable to the damaged party. (4)    An individual found guilty pursuant to the provisions of section 18-7012 , Idaho Code, if such action allows livestock to stray, shall be solely liable for all damage caused by the livestock while outside of their original enclosure in addition to damages provided by this section.