“Idaho is the only US state with a specific cannibalism law”
TRUE! Idaho is unique in having a specific statute that names and defines cannibalism as its own crime. Other states would prosecute it under murder or abuse of corpse laws.
While cannibalism would be prosecuted as murder, abuse of a corpse, or similar charges in other states, Idaho is unique in having a specific statute that names and defines cannibalism as its own crime. The law includes a survival exception: it's a defense if the action was taken under extreme life-threatening conditions as the only apparent means of survival.
Where the story gets it wrong
A common misconception is that cannibalism is technically "legal" everywhere else in the U.S. In reality, it would be prosecuted under other statutes such as murder, assault, desecration of a corpse, or abuse of a corpse in every other state. Idaho is simply the only state with a standalone statute naming and defining cannibalism as its own distinct crime.
Idaho Code § 18-5003 — Cannibalism Defined — Punishment: "Any person who wilfully ingests the flesh or blood of a human being is guilty of cannibalism. It shall be an affirmative defense to a violation of the provisions of this section that the action was taken under extreme life-threatening conditions as the only apparent means of survival. Cannibalism is punishable by imprisonment in the state prison not exceeding fourteen (14) years."
- Current status
- Rarely Enforced
- Enacted
- January 1, 1990
- Penalty
- Up to 14 years imprisonment