Idaho § 39-8406 - Penalties and other remedies
Full text of Idaho Idaho Statutes § 39-8406 — Penalties and other remedies, with citation guidance and answers to common questions.
§ 39-8406. Penalties and other remedies
(1) Each stamp affixed, each sale or offer to sell, and each cigarette possessed in violation of section 39-8403 (3), Idaho Code, shall constitute a separate violation. For each violation hereof, the district court may impose a civil penalty in an amount not to exceed the greater of five hundred percent (500%) of the retail value of the cigarettes or five thousand dollars ($5,000) upon a determination of violation of section 39-8403 (3), Idaho Code, or any rule adopted pursuant thereto.
(2) In addition to or in lieu of any other civil or criminal remedy provided by law, upon a determination that a stamping agent has violated section 39-8403 (3), Idaho Code, or any rule adopted pursuant thereto, the commission may revoke or suspend the license of any stamping agent in the manner provided by law.
(3) Any cigarettes that have had stamps affixed, been sold, offered for sale or possessed for sale in this state in violation of section 39-8403 (3) shall be deemed contraband under section 63-2513 , Idaho Code, and such cigarettes shall be subject to seizure and forfeiture by the commission as provided in such section, and all such cigarettes so seized and forfeited shall be destroyed and not resold.
(4) The attorney general may seek an injunction to prevent or restrain a threatened or actual violation of section 39-8403 (3), 39-8405 (1) or 39-8405 (4), Idaho Code, by a stamping agent and to compel the stamping agent to comply with such subsections.
(5) A person who violates section 39-8403 (3), Idaho Code, engages in an unfair and deceptive trade practice in violation of the Idaho consumer protection act, chapter 6, title 48 , Idaho Code.
[39-8406, added 2003, ch. 33, sec. 2, p. 150.]
Source: official Idaho text · Last verified 2026-08-27
Frequently Asked Questions About Idaho § 39-8406
What does Idaho Statutes § 39-8406 cover?
Section 39-8406 ("Penalties and other remedies") is part of the Idaho Statutes, the codified statutory law of Idaho. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Idaho § 39-8406?
A common citation format is "Idaho Statutes § 39-8406" (Idaho). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Idaho law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Idaho official source linked on this page or consult a licensed Idaho attorney.
How does Idaho § 39-8406 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Idaho can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Idaho.