Idaho is the only US state with a specific cannibalism law

The Short Answer

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.

The Full Story

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.

Why does Idaho have this? The legislative history isn't entirely clear, but it may relate to the state's wilderness areas and potential survival situations.

Common Misconceptions

A common misconception is that cannibalism is technically "legal" everywhere else in the U.S. In reality, the act of cannibalism 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 that has a standalone statute specifically naming and defining cannibalism as its own distinct crime.

Actual Legal Text

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."