reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 4 - ABANDONMENT OR NONSUPPORT OF WIFE OR CHILDREN › Section 18-402 - ORDERS PROVIDING FOR CHILDREN AND WIFE UPON VIOLATION OF PRECEDING SECTION.

18-402. ORDERS PROVIDING FOR CHILDREN AND WIFE UPON VIOLATION OF PRECEDING SECTION. In any case enumerated in the previous section, the court may render one of the following orders:
1. Should a fine be imposed it may be directed by the court to be paid in whole or in part to the wife, or to the guardian or to the custodian of the child or children, or to an individual appointed by the court as trustee.
2. Before trial, or after conviction, with the consent of the defendant, the court, in its discretion, having regard to the circumstances and to the financial ability or earning capacity of the defendant, shall have the power to make an order which shall be subject to change by it from time to time as circumstances may require, directing the defendant to pay a certain sum weekly during such time as the court may direct, to the wife or to the guardian, or custodian of the minor child or children, or to an individual appointed by the court and to release the defendant from custody or probation during such time as the court may direct upon his or her entering into a recognizance, with or without sureties, in such sum as the court may direct. The condition of the recognizance to be such that if the defendant shall make his or her appearance in court whenever ordered to do so, and shall further comply with the terms of the order and of any subsequent modification thereof, then the recognizance shall be void, otherwise to remain in full force and effect.
3. When conviction is had and a sentence to imprisonment in the county jail is imposed, the court may direct that the person so convicted shall be compelled to work upon the public roads or highways or any other public work in the county where such conviction is had, during the time of such sentence. And it shall be the duty of the county commissioners or of the highway district board within the county where such conviction and sentence is had and where such work is performed by persons under sentence to the county jail to allow an order of payment out of the current fund or maintenance road fund, to the wife, or to the guardian, or custodian of the child or children, or to an individual appointed by the court as trustee, at the end of each calendar month, for the support of such wife, or child or children, ward or wards, a sum not to exceed one and fifty one-hundredths dollars for each day’s work of such person.
History:
[18-402, added 1972, ch. 336, sec. 1, p. 860.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 4 - ABANDONMENT OR NONSUPPORT OF WIFE OR CHILDREN › Section 18-403 - ABANDONMENT OR NONSUPPORT PRIMA FACIE WILFUL.

18-403. ABANDONMENT OR NONSUPPORT PRIMA FACIE WILFUL. Proof of the abandonment or nonsupport of a wife, or the desertion of a child or children, ward or wards, or the omission to furnish necessary food, clothing, shelter, or medical attendance for a child or children, ward or wards, is prima facie evidence that such abandonment or nonsupport, or omission to furnish food, clothing, shelter, or medical attendance is wilful.
History:
[18-403, added 1972, ch. 336, sec. 1, p. 860.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 4 - ABANDONMENT OR NONSUPPORT OF WIFE OR CHILDREN › Section 18-404 - PROCEEDINGS UPON VIOLATION OF PROVISIONAL ORDER — DISPOSITION OF PROCEEDS OF FORFEITED RECOGNIZANCE.

18-404. PROCEEDINGS UPON VIOLATION OF PROVISIONAL ORDER — DISPOSITION OF PROCEEDS OF FORFEITED RECOGNIZANCE. If the court be satisfied by the information or complaint and due proof, under oath, that at any time the defendant has violated the terms of such order, it may forthwith proceed with the trial of the defendant under the original indictment or information, or sentence him under the original conviction, or enforce the original sentence, as the case may be. In case of forfeiture of a recognizance and enforcement thereof by execution, the sum recovered may, in the discretion of the court, be paid in whole or in part to the wife or to the guardian or custodian of the minor child or children.
History:
[I.C., sec. 18-4004, as added by 1972, ch. 336, sec. 1, p. 928; am. 1973, ch. 276, sec. 2, p. 588; am. 1977, ch. 154, sec. 3, p. 391; am. 1986, ch. 232, sec. 2, p. 639.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 4 - ABANDONMENT OR NONSUPPORT OF WIFE OR CHILDREN › Section 18-405 - RULES OF EVIDENCE.

18-405. RULES OF EVIDENCE. No other evidence shall be required to prove marriage of such husband and wife, or that such person is the lawful father or mother of such child or children, than is or shall be required to prove such facts in a civil action. In all prosecutions under this act, any existing provisions of law prohibiting the disclosure of confidential communications between husband and wife, shall not apply, and both husband and wife shall be competent witnesses to testify for or against each other to any and all relevant matters, including the fact of such marriage and the parentage of such child or children. Proof of the desertion of such wife, child or children in destitute or necessitous circumstances or of neglect to furnish such wife, child, or children necessary and proper food, clothing or shelter is prima facie evidence that such desertion or neglect is wilful.
History:
[18-405, added 1972, ch. 336, sec. 1, p. 861.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 5 - PAIN-CAPABLE UNBORN CHILD PROTECTION ACT › Section 18-501 - SHORT TITLE.

18-501. SHORT TITLE. This act shall be known and may be cited as the "Pain-Capable Unborn Child Protection Act."
History:
[18-501, added 2011, ch. 324, sec. 1, p. 945.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 5 - PAIN-CAPABLE UNBORN CHILD PROTECTION ACT › Section 18-502 - DEFINITIONS.

18-502. DEFINITIONS. For purposes of this chapter:
(1) "Abortion" means the use or prescription of any instrument, medicine, drug or other substance or device to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth or to remove a dead unborn child who died as the result of natural causes in utero, accidental trauma, or a criminal assault on the pregnant woman or her unborn child, and which causes the premature termination of the pregnancy;
(2) "Attempt to perform or induce an abortion" means an act, or an omission of a statutorily required act, that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance or induction of an abortion in this state in violation of the provisions of this chapter;
(3) "Fertilization" means the fusion of a human spermatozoon with a human ovum;
(4) "Medical emergency" means a condition that, in reasonable medical judgment, so complicates the medical condition of the pregnant woman as to necessitate the immediate abortion of her pregnancy without first determining postfertilization age to avert her death or for which a delay will create a serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. No condition shall be deemed a medical emergency if based on a claim or diagnosis that the woman will engage in conduct that she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function;
(5) "Physician" means any person licensed to practice medicine and surgery or osteopathic medicine under chapter 18, title 54, Idaho Code;
(6) "Postfertilization age" means the age of the unborn child as calculated from the fertilization of the human ovum;
(7) "Probable postfertilization age of the unborn child" means what, in reasonable medical judgment, will with reasonable probability be the postfertilization age of the unborn child at the time the abortion is planned to be performed;
(8) "Reasonable medical judgment" means a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved;
(9) "Unborn child" or "fetus" means an individual organism of the species homo sapiens from fertilization until live birth; and
(10) "Woman" means a female human being whether or not she has reached the age of majority.
History:
[18-502, added 2011, ch. 324, sec. 1, p. 945.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 5 - PAIN-CAPABLE UNBORN CHILD PROTECTION ACT › Section 18-504 - DETERMINATION OF POSTFERTILIZATION AGE.

18-504. DETERMINATION OF POSTFERTILIZATION AGE. (1) Except in the case of a medical emergency, no abortion shall be performed or induced or be attempted to be performed or induced unless the physician performing or inducing it has first made a determination of the probable postfertilization age of the unborn child or relied upon such a determination made by another physician. In making such a determination, a physician shall make such inquiries of the woman and perform or cause to be performed such medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary to perform in making an accurate diagnosis with respect to postfertilization age.
(2) Intentional or reckless failure by any physician to conform to any requirement of this section makes the physician subject to medical discipline pursuant to section 54-1814(6), Idaho Code.
History:
[18-504, added 2011, ch. 324, sec. 1, p. 947.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 5 - PAIN-CAPABLE UNBORN CHILD PROTECTION ACT › Section 18-505 - ABORTION OF UNBORN CHILD OF TWENTY OR MORE WEEKS POSTFERTILIZATION AGE PROHIBITED.

18-505. ABORTION OF UNBORN CHILD OF TWENTY OR MORE WEEKS POSTFERTILIZATION AGE PROHIBITED. No person shall perform or induce or attempt to perform or induce an abortion upon a woman when it has been determined, by the physician performing or inducing the abortion or by another physician upon whose determination that physician relies, that the probable postfertilization age of the woman’s unborn child is twenty (20) or more weeks unless, in reasonable medical judgment: (1) she has a condition that so complicates her medical condition as to necessitate the abortion of her pregnancy to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions; or (2) it is necessary to preserve the life of an unborn child. No such condition shall be deemed to exist if it is based on a claim or diagnosis that the woman will engage in conduct that she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function.
History:
[18-505, added 2011, ch. 324, sec. 1, p. 947.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 5 - PAIN-CAPABLE UNBORN CHILD PROTECTION ACT › Section 18-507 - CRIMINAL PENALTIES.

18-507. CRIMINAL PENALTIES. Any person who intentionally or recklessly performs or attempts to perform an abortion in violation of the provisions of section 18-505, Idaho Code, is guilty of a felony. No penalty shall be assessed against the woman upon whom the abortion is performed or attempted to be performed.
History:
[18-507, added 2011, ch. 324, sec. 1, p. 948.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 5 - PAIN-CAPABLE UNBORN CHILD PROTECTION ACT › Section 18-508 - CIVIL REMEDIES.

18-508. CIVIL REMEDIES. (1) Any woman upon whom an abortion has been performed in violation of the pain-capable unborn child protection act or the father of the unborn child who was the subject of such an abortion may maintain an action against the person who performed the abortion in an intentional or a reckless violation of the provisions of this chapter for actual damages. Any woman upon whom an abortion has been attempted in violation of the provisions of this chapter may maintain an action against the person who attempted to perform the abortion in an intentional or a reckless violation of the provisions of this chapter for actual damages.
(2) A cause of action for injunctive relief against any person who has intentionally or recklessly violated the provisions of this chapter may be maintained by the woman upon whom an abortion was performed or attempted to be performed in violation of the provisions of this chapter, by any person who is the spouse, parent, sibling, or guardian of, or a current or former licensed health care provider of, the woman upon whom an abortion has been performed or attempted to be performed in violation of the provisions of this chapter, by a prosecuting attorney with appropriate jurisdiction, or by the attorney general. The injunction shall prevent the abortion provider from performing or attempting to perform further abortions in violation of the provisions of this chapter in this state.
(3) No damages may be assessed against the woman upon whom an abortion was performed or attempted to be performed.
History:
[18-508, added 2011, ch. 324, sec. 1, p. 948.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 5 - PAIN-CAPABLE UNBORN CHILD PROTECTION ACT › Section 18-509 - PROTECTION OF PRIVACY IN COURT PROCEEDINGS.

18-509. PROTECTION OF PRIVACY IN COURT PROCEEDINGS. In every civil or criminal proceeding or action brought under the pain-capable unborn child protection act, the court shall rule whether the anonymity of any woman upon whom an abortion has been performed or attempted shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that her anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each such order shall be accompanied by specific written findings explaining why the anonymity of the woman should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest and why no reasonable less restrictive alternative exists. In the absence of written consent of the woman upon whom an abortion has been performed or attempted, anyone, other than a public official, who brings an action under the provisions of section 18-508, Idaho Code, shall do so under a pseudonym. This section shall not be construed to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant.
History:
[18-509, added 2011, ch. 324, sec. 1, p. 949.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 5 - PAIN-CAPABLE UNBORN CHILD PROTECTION ACT › Section 18-510 - LITIGATION DEFENSE FUND.

18-510. LITIGATION DEFENSE FUND. There is hereby created in the state treasury the pain-capable unborn child protection act litigation fund for the purpose of providing funds to pay for any costs and expenses incurred by the state attorney general in relation to actions surrounding defense of this chapter. This fund may include appropriations, donations, gifts or grants made to the fund. Interest earned on the investment of idle moneys in the fund shall be returned to the fund. Moneys in the fund may be expended pursuant to appropriation.
History:
[18-510, added 2011, ch. 324, sec. 1, p. 949.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 6 - ABORTION AND CONTRACEPTIVES › Section 18-601 - INTERPRETATION OF STATE STATUTES AND THE STATE CONSTITUTION.

18-601. INTERPRETATION OF STATE STATUTES AND THE STATE CONSTITUTION. The supreme court of the United States having held in the case of "Planned Parenthood v. Casey" that the states have a "profound interest" in preserving the life of preborn children, Idaho hereby expresses the fundamental importance of that "profound interest" and it is hereby declared to be the public policy of this state that all state statutes, rules and constitutional provisions shall be interpreted to prefer, by all legal means, live childbirth over abortion.
History:
[18-601, added 2001, ch. 273, sec. 1, p. 996.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 6 - ABORTION AND CONTRACEPTIVES › Section 18-602 - LEGISLATIVE FINDINGS AND INTENT.

18-602. LEGISLATIVE FINDINGS AND INTENT. (1) The legislature finds:
(a) That children have a special place in society that the law should reflect;
(b) That minors too often lack maturity and make choices that do not include consideration of both immediate and long-term consequences;
(c) That the medical, emotional and psychological consequences of abortion and childbirth are serious and can be lasting, particularly when the patient is immature;
(d) That the capacity to become pregnant and the capacity for mature judgment concerning the wisdom of bearing a child or of having an abortion are not necessarily related;
(e) That parents, when aware that their daughter is pregnant or has had an abortion are in the best position to ensure that she receives adequate medical attention during her pregnancy or after her abortion;
(f) That except in rare cases, parents possess knowledge regarding their child which is essential for a physician to exercise the best medical judgment for that child;
(g) That when a minor is faced with the difficulties of an unplanned pregnancy, the best interests of the minor are always served when there is careful consideration of the rights of parents in rearing their child and the unique counsel and nurturing environment that parents can provide;
(h) That informed consent is always necessary for making mature health care decisions.
(2) It is the intent of the legislature in enacting section 18-609A, Idaho Code, to further the following important and compelling state interests recognized by the United States supreme court in:
(a) Protecting minors against their own immaturity;
(b) Preserving the integrity of the family unit;
(c) Defending the authority of parents to direct the rearing of children who are members of their household;
(d) Providing a pregnant minor with the advice and support of a parent during a decisional period;
(e) Providing for proper medical treatment and aftercare when the life or physical health of the pregnant minor is at serious risk in the rare instance of a sudden and unexpected medical emergency.
History:
[(18-602) 18-601, added 2000, ch. 7, sec. 1, p. 11; am. and redesig. 2001, ch. 273, sec. 2, p. 997; am. 2005, ch. 393, sec. 1, p. 1319 (2007, ch. 193, sec. 1, repealed 2005, ch. 393)]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 6 - ABORTION AND CONTRACEPTIVES › Section 18-603 - ADVERTISING MEDICINES OR OTHER MEANS FOR PREVENTING CONCEPTION, OR FACILITATING MISCARRIAGE OR ABORTION.

18-603. ADVERTISING MEDICINES OR OTHER MEANS FOR PREVENTING CONCEPTION, OR FACILITATING MISCARRIAGE OR ABORTION. Every person, except licensed physicians of this state and those licensed or registered health care providers hereinafter referred to acting under their direct supervision or medical order, who wilfully publishes any notice or advertisement of any medicine or means for producing or facilitating a miscarriage or abortion, or for the prevention of conception, or who offers his services by any notice, advertisement, or otherwise to assist in the accomplishment of any such purpose, is guilty of a felony. A licensed physician or licensed or registered health care provider acting at his direction or medical order may lawfully provide examinations, prescriptions, devices and informational materials regarding prevention of conception to any person requesting the same who, in the good faith judgment of the physician or such provider, is sufficiently intelligent and mature to understand the nature and significance thereof.
History:
[I.C., sec. 18-603, as added by 1972, ch. 336, sec. 1, p. 862; am. 1974, ch. 69, sec. 1, p. 1150.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 6 - ABORTION AND CONTRACEPTIVES › Section 18-605 - UNLAWFUL ABORTIONS — PROCUREMENT OF — PENALTY.

18-605. UNLAWFUL ABORTIONS — PROCUREMENT OF — PENALTY. (1) Every person not licensed or certified to provide health care in Idaho who knowingly, except as permitted by this chapter, provides, supplies or administers any medicine, drug or substance to any woman or uses or employs any instrument or other means whatever upon any then-pregnant woman with intent thereby to cause or perform an abortion shall be guilty of a felony and shall be fined not to exceed five thousand dollars ($5,000) and/or imprisoned in the state prison for not less than two (2) and not more than five (5) years.
(2) Any person licensed or certified to provide health care pursuant to title 54, Idaho Code, and who knowingly, except as permitted by the provisions of this chapter, provides, supplies or administers any medicine, drug or substance to any woman or uses or employs any instrument or other means whatever upon any then-pregnant woman with intent to cause or perform an abortion shall:
(a) For the first violation, be subject to professional discipline and be assessed a civil penalty of not less than one thousand dollars ($1,000), payable to the board granting such person’s license or certification;
(b) For the second violation, have their license or certification to practice suspended for a period of not less than six (6) months and be assessed a civil penalty of not less than two thousand five hundred dollars ($2,500), payable to the board granting such person’s license or certification; and
(c) For each subsequent violation, have their license or certification to practice revoked and be assessed a civil penalty of not less than five thousand dollars ($5,000), payable to the board granting such person’s license or certification.
(3) Any person who is licensed or certified to provide health care pursuant to title 54, Idaho Code, and who knowingly violates the provisions of this chapter is guilty of a felony punishable as set forth in subsection (1) of this section, separate from and in addition to the administrative penalties set forth in subsection (2) of this section.
History:
[18-605, added 1973, ch. 197, sec. 4, p. 442; am. 2001, ch. 277, sec. 1, p. 1000; am. 2005, ch. 393, sec. 3, p. 1321; am. 2007, ch. 193, sec. 3, p. 565.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 6 - ABORTION AND CONTRACEPTIVES › Section 18-606 - UNLAWFUL ABORTIONS — ACCOMPLICE OR ACCESSORY — SUBMITTING TO — PENALTY.

18-606. UNLAWFUL ABORTIONS — ACCOMPLICE OR ACCESSORY — SUBMITTING TO — PENALTY. Except as permitted by this act:
(1) Every person who, as an accomplice or accessory to any violation of section 18-605, [Idaho Code,] induces or knowingly aids in the production or performance of an abortion; and
(2) Every woman who knowingly submits to an abortion or solicits of another, for herself, the production of an abortion, or who purposely terminates her own pregnancy otherwise than by a live birth,
shall be deemed guilty of a felony and shall be fined not to exceed five thousand dollars ($5,000) and/or imprisoned in the state prison for not less than one (1) and not more than five (5) years; provided, however, that no hospital, nurse, or other health care personnel shall be deemed in violation of this section if in good faith providing services in reliance upon the directions of a physician or upon the hospital admission of a patient for such purpose on the authority of a physician.
History:
[18-606, added 1973, ch. 197, sec. 5, p. 442.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 6 - ABORTION AND CONTRACEPTIVES › Section 18-607 - ABORTIFACIENTS — UNAUTHORIZED SALE.

18-607. ABORTIFACIENTS — UNAUTHORIZED SALE. A person who sells, offers to sell, possesses with intent to sell, advertises, or displays for sale anything specially designed to terminate a pregnancy, or held out by the actor as useful for that purpose, commits a misdemeanor, unless:
(1) The sale, offer or display is to a physician or druggist or to an intermediary in a chain of distribution to physicians or druggists; or
(2) The same is made upon prescription or order of a physician; or
(3) The possession is with intent to sell as authorized in paragraphs (1) and (2) of this section; or
(4) The advertising is addressed to persons named in paragraph (1) of this section and confined to trade or professional channels not likely to reach the general public.
History:
[18-607, added 1973, ch. 197, sec. 6, p. 442.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 6 - ABORTION AND CONTRACEPTIVES › Section 18-608 - CERTAIN ABORTIONS PERMITTED — CONDITIONS AND GUIDELINES.

18-608. CERTAIN ABORTIONS PERMITTED — CONDITIONS AND GUIDELINES. (1) Abortions shall only be lawful if and when performed in a hospital or in a physician’s regular office or a clinic, which office or clinic is properly staffed and equipped for the performance of such procedures and respecting which the responsible physician or physicians have made satisfactory arrangements with one (1) or more acute care hospitals within reasonable proximity thereof providing for the prompt availability of hospital care as may be required due to complications or emergencies that might arise.
(2) An abortion performed upon a woman who is in the second trimester of pregnancy shall only be lawful if the same is performed in a hospital.
(3) An abortion performed upon a woman who is in the third trimester of pregnancy shall only be lawful if the same is performed in a hospital and, in the judgment of the attending physician, corroborated by a like opinion of a consulting physician concurring therewith, either is necessary for the preservation of the life of such woman or, if not performed, such pregnancy would terminate in birth or delivery of a fetus unable to survive. Third-trimester abortions undertaken for preservation of the life of a pregnant patient, as permitted by this subsection, shall, consistent with accepted medical practice and with the well-being and safety of such patient, be performed in a manner consistent with preservation of any reasonable potential for survival of a viable fetus.
(4) Nothing in this section shall make legal any abortion that is otherwise illegal under any other law of this state, including section 18-622, Idaho Code.
History:
[18-608, added 1973, ch. 197, sec. 7, p. 442; am. 2021, ch. 258, sec. 2, p. 793; am. 2022, ch. 177, sec. 1, p. 574.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 6 - ABORTION AND CONTRACEPTIVES › Section 18-608A - PERSONS AUTHORIZED TO PERFORM ABORTIONS.

18-608A. PERSONS AUTHORIZED TO PERFORM ABORTIONS. It is unlawful for any person other than a physician to cause or perform an abortion.
History:
[18-608A, added 2000, ch. 7, sec. 3, p. 13.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 6 - ABORTION AND CONTRACEPTIVES › Section 18-609F - REPORTING BY COURTS.

18-609F. REPORTING BY COURTS. The administrative director of the courts shall compile statistics for each calendar year, accessible to the public, including:
(1) The total number of petitions filed pursuant to section 18-609A, Idaho Code; and
(2) The number of such petitions filed where a guardian ad litem was requested and the number where a guardian ad litem or other person acting in such capacity was appointed; and
(3) The number of petitions where counsel appeared for the minor without court appointment; and
(4) The number of petitions where counsel was requested by the minor and the number where counsel was appointed by the court; and
(5) The number of such petitions for which the right to self-consent was granted; and
(6) The number of such petitions for which the court granted its informed consent; and
(7) The number of such petitions which were denied; and
(8) The number of such petitions which were withdrawn by the minor; and
(9) For categories described in subsections (3), (4) and (7) of this section, the number of appeals taken from the court’s order in each category; and
(10) For each of the categories set out in subsection (9) of this section, the number of cases for which the district court’s order was affirmed and the number of cases for which the district court’s order was reversed; and
(11) The age of the minor for each petition; and
(12) The time between the filing of the petition and the hearing of each petition; and
(13) The time between the hearing and the decision by the court for each petition; and
(14) The time between the decision and filing a notice of appeal for each case, if any; and
(15) The time of extension granted by the court in each case, if any.
History:
[18-609F, added 2007, ch. 193, sec. 5, p. 567.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 6 - ABORTION AND CONTRACEPTIVES › Section 18-609G - STATISTICAL RECORDS.

18-609G. STATISTICAL RECORDS. (1) The bureau of vital statistics of the department of health and welfare shall, in addition to other information required pursuant to section 39-261, Idaho Code, require the complete and accurate reporting of information relevant to each abortion performed upon a minor which shall include, at a minimum, the following:
(a) Whether the abortion was performed following the physician’s receipt of:
(i) The written informed consent of a parent, guardian or conservator and the minor; or
(ii) The written informed consent of an emancipated minor for herself; or
(iii) The written informed consent of a minor for herself pursuant to a court order granting the minor the right to self-consent; or
(iv) The court order which includes a finding that the performance of the abortion, despite the absence of the consent of a parent, is in the best interests of the minor; or
(v) Certification from the pregnant minor to the attending physician pursuant to section 18-609A, Idaho Code, that parental consent is not required because the pregnancy resulted from rape as defined in section 18-6101, Idaho Code, excepting subsections (1) and (2) thereof, or sexual conduct with the minor by the minor’s parent, stepparent, uncle, grandparent, sibling, adoptive parent, legal guardian or foster parent.
(b) If the abortion was performed due to a medical emergency and without consent from a parent, guardian or conservator or court order, the diagnosis upon which the attending physician determined that the abortion was immediately necessary due to a medical emergency.
(2) The knowing failure of the attending physician to perform any one (1) or more of the acts required under this section is grounds for discipline pursuant to section 54-1814(6), Idaho Code, and shall subject the physician to assessment of a civil penalty of one hundred dollars ($100) for each month or portion thereof that each such failure continues, payable to the bureau of vital statistics of the department of health and welfare, but such failure shall not constitute a criminal act.
History:
[18-609G, added 2007, ch. 193, sec. 5, p. 568; am. 2010, ch. 352, sec. 5, p. 923.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 6 - ABORTION AND CONTRACEPTIVES › Section 18-610 - REFUSAL TO CONSENT BY PREGNANT WOMAN — EFFECT.

18-610. REFUSAL TO CONSENT BY PREGNANT WOMAN — EFFECT. Notwithstanding any provision of law permitting valid consent for medical or surgical procedures to be given by a person or persons other than the patient, the refusal of any pregnant woman, irrespective of age or competence, to submit to an abortion shall be grounds for a physician or hospital otherwise authorized to proceed, to decline performance of an abortion and/or to submit the matter of consent to adjudication by a court of competent jurisdiction.
History:
[18-610, added 1973, ch. 197, sec. 9, p. 442.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 6 - ABORTION AND CONTRACEPTIVES › Section 18-612 - REFUSAL TO PERFORM ABORTIONS — PHYSICIANS AND HOSPITALS NOT LIABLE.

18-612. REFUSAL TO PERFORM ABORTIONS — PHYSICIANS AND HOSPITALS NOT LIABLE. Nothing in this act shall be deemed to require any hospital to furnish facilities or admit any patient for any abortion if, upon determination by its governing board, it elects not to do so. Neither shall any physician be required to perform or assist in any abortion, nor shall any nurse, technician or other employee of any physician or hospital be required by law or otherwise to assist or participate in the performance or provision of any abortion if he or she, for personal, moral or religious reasons, objects thereto. Any such person in the employ or under the control of a hospital shall be deemed to have sufficiently objected to participation in such procedures only if he or she has advised such hospital in writing that he or she generally or specifically objects to assisting or otherwise participating in such procedures. Such notice will suffice without specification of the reason therefor. No refusal to accept a patient for abortion or to perform, assist or participate in any such abortion as herein provided shall form the basis of any claim for damages or recriminatory action against the declining person, agency or institution.
History:
[18-612, added 1973, ch. 197, sec. 11, p. 442.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 6 - ABORTION AND CONTRACEPTIVES › Section 18-614 - DEFENSES TO PROSECUTION.

18-614. DEFENSES TO PROSECUTION. (1) No physician shall be subject to criminal or administrative liability for causing or performing an abortion upon a minor in violation of subsection (1) of section 18-609A, Idaho Code, if prior to causing or performing the abortion the physician obtains either positive identification or other documentary evidence from which a reasonable person would have concluded that the woman seeking the abortion was either an emancipated minor or was not then a minor and if the physician retained, at the time of receiving the evidence, a legible photocopy of such evidence in the physician’s office file for the woman.
(2) For purposes of this section, "positive identification" means a lawfully issued state, district, territorial, possession, provincial, national or other equivalent government driver’s license, identification card or military card, bearing the person’s photograph and date of birth, the person’s valid passport or a certified copy of the person’s birth certificate.
History:
[18-614, added 2001, ch. 277, sec. 4, p. 1007; am. 2005, ch. 393, sec. 5, p. 1328; am. 2007, ch. 193, sec. 6, p. 569.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 6 - ABORTION AND CONTRACEPTIVES › Section 18-615 - CRIMINAL ACT TO COERCE OR ATTEMPT TO COERCE A WOMAN TO OBTAIN AN ABORTION.

18-615. CRIMINAL ACT TO COERCE OR ATTEMPT TO COERCE A WOMAN TO OBTAIN AN ABORTION. (1) A person violates the provisions of this section when, knowing that a woman is pregnant, and with the intent to induce the pregnant woman to abort, whether by a medical procedure or otherwise:
(a) Threatens to inflict physical injury or death on the pregnant woman; or
(b) Conspires to inflict physical injury or death on the pregnant woman; or
(c) Unlawfully inflicts physical injury on the pregnant woman.
(2) A pregnant woman injured by reason of a person’s violation of the provisions of this section may bring a civil suit for recovery of damages for such injury, whether or not the perpetrator is criminally prosecuted or convicted. In such a civil suit, the pregnant woman shall be entitled to recover her reasonable attorney’s fees and costs if she is the prevailing party.
(3) Violations of the provisions of this section are classified and punishable as follows:
(a) A violation of subsection (1)(a) or (1)(b) of this section constitutes a misdemeanor punishable by not more than six (6) months in jail, or a fine of not more than one thousand dollars ($1,000), or both.
(b) A violation of subsection (1)(c) of this section constitutes a felony punishable by imprisonment for not more than five (5) years, or a fine of not more than five thousand dollars ($5,000), or both.
(4) The term "physical injury" means a condition of the body, such as a wound or external or internal injury, whether of a minor or serious nature, caused by physical force.
(5) The term "woman" includes a minor female.
History:
[18-615, added 2008, ch. 388, sec. 1, p. 1067.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 6 - ABORTION AND CONTRACEPTIVES › Section 18-616 - SEVERABILITY.

18-616. SEVERABILITY. If any one (1) or more provision, section, subsection, sentence, clause, phrase, or word of this chapter or the application thereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable and the balance of this chapter shall remain effective notwithstanding such unconstitutionality. The legislature hereby declares that it would have passed every section of this chapter and each provision, section, subsection, sentence, clause, phrase or word thereof irrespective of the fact that any one (1) or more provision, section, subsection, sentence, clause, phrase or word be declared unconstitutional.
History:
[(18-616) 18-615, added 2000, ch. 7, sec. 8, p. 21; am. and redesig. 2008, ch. 388, sec. 2, p. 1068.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 6 - ABORTION AND CONTRACEPTIVES › Section 18-617 - CHEMICAL ABORTIONS.

18-617. CHEMICAL ABORTIONS. (1) As used in this section:
(a) "Abortifacient" means mifepristone, misoprostol and/or other chemical or drug dispensed with the intent of causing an abortion as defined in section 18-604(1), Idaho Code. Nothing in the definition shall apply when used to treat ectopic pregnancy;
(b) "Chemical abortion" means the exclusive use of an abortifacient or combination of abortifacients to effect an abortion;
(c) "Physician" has the same meaning as provided in section 18-604(12), Idaho Code.
(2) No physician shall give, sell, dispense, administer, prescribe or otherwise provide an abortifacient for the purpose of effecting a chemical abortion unless the physician:
(a) Has the ability to assess the duration of the pregnancy accurately in accordance with the applicable standard of care for medical practice in the state;
(b) Has determined, if clinically feasible, that the unborn child to be aborted is within the uterus and not ectopic;
(c) Has the ability to provide surgical intervention in cases of incomplete abortion or severe bleeding, or, if the physician does not have admitting privileges at a local hospital, has made and documented in the patient’s medical record plans to provide such emergency care through other qualified physicians who have agreed in writing to provide such care;
(d) Informs the patient that she may need access to medical facilities equipped to provide blood transfusions and resuscitation, if necessary, as a result of or in connection with the abortion procedure on a twenty-four (24) hour basis. If the appropriate medical facility is other than a local hospital emergency room, the physician shall provide the patient with the name, address and telephone number of such facility in writing; and
(e) Has complied with the informed consent provisions of section 18-609, Idaho Code.
(3) The physician inducing the abortion, or a person acting on behalf of the physician inducing the abortion, shall make reasonable efforts to ensure that the patient returns for a follow-up visit so that a physician can confirm that the pregnancy has been terminated and assess the patient’s medical condition.
History:
[18-617, added 2015, ch. 270, sec. 2, p. 1123; am. 2017, ch. 242, sec. 2, p. 599; am. 2021, ch. 258, sec. 5, p. 798.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 6 - ABORTION AND CONTRACEPTIVES › Section 18-618 - CIVIL CAUSES OF ACTION.

18-618. CIVIL CAUSES OF ACTION. (1) Any female upon whom an abortion has been attempted or performed, or the father of the unborn child who was the subject of the abortion if the father was married to the woman who received the abortion at the time the abortion was attempted or performed, or a maternal grandparent of the unborn child in the event the mother is deceased, may maintain an action for actual damages against the person who in knowing or reckless violation of section 18-617, Idaho Code, attempted or performed the abortion. The court may, in its discretion, award punitive damages pursuant to section 6-1604, Idaho Code, and enjoin further violations of sections 18-617 through 18-621, Idaho Code.
(2) A cause of action for injunctive relief against any person who has knowingly or recklessly violated sections 18-617 through 18-621, Idaho Code, may be maintained by a county prosecuting attorney with appropriate jurisdiction or by the attorney general. The injunction shall prevent the abortion provider from performing further abortions in violation of sections 18-617 through 18-621, Idaho Code, in this state.
History:
[18-618, added 2015, ch. 270, sec. 2, p. 1124.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 6 - ABORTION AND CONTRACEPTIVES › Section 18-619 - ANONYMITY OF FEMALE.

18-619. ANONYMITY OF FEMALE. In every court proceeding or action brought under this chapter, the court shall rule whether the anonymity of any female upon whom an abortion has been performed or attempted shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that her anonymity should be preserved, shall issue orders to the parties, witnesses and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each order shall be accompanied by specific written findings explaining why the anonymity of the female should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest and why no reasonable less restrictive alternative exists. In the absence of written consent of the female upon whom an abortion has been performed or attempted, anyone, other than a public official, who brings an action under this section shall do so under a pseudonym. This section may not be construed to conceal the identity of the plaintiff or of witnesses from the defendant.
History:
[18-619, added 2015, ch. 270, sec. 2, p. 1124.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 6 - ABORTION AND CONTRACEPTIVES › Section 18-620 - CONSTRUCTION.

18-620. CONSTRUCTION. (1) Nothing in sections 18-617 through 18-621, Idaho Code, shall be construed as creating or recognizing a right to abortion.
(2) It is not the intention of sections 18-617 through 18-621, Idaho Code, to make lawful an abortion that is currently unlawful.
History:
[18-620, added 2015, ch. 270, sec. 2, p. 1125.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 6 - ABORTION AND CONTRACEPTIVES › Section 18-621 - SEVERABILITY.

18-621. SEVERABILITY. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.
History:
[18-621, added 2015, ch. 270, sec. 2, p. 1125.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 6 - ABORTION AND CONTRACEPTIVES › Section 18-623 - ABORTION TRAFFICKING.

18-623. ABORTION TRAFFICKING. (1) An adult who, with the intent to conceal an abortion from the parents or guardian of a pregnant, unemancipated minor, either procures an abortion, as described in section 18-604, Idaho Code, or obtains an abortion-inducing drug for the pregnant minor to use for an abortion by recruiting, harboring, or transporting the pregnant minor within this state commits the crime of abortion trafficking. As used in this subsection, the terms "procure" and "obtain" shall not include the providing of information regarding a health benefit plan.
(2) It shall be an affirmative defense to a prosecution under subsection (1) of this section that a parent or guardian of the pregnant minor consented to trafficking of the minor.
(3) It shall not be an affirmative defense to a prosecution under subsection (1) of this section that the abortion provider or the abortion-inducing drug provider is located in another state.
(4) The Idaho attorney general has the authority, at the attorney general’s sole discretion, to prosecute a person for a criminal violation of this section if the prosecuting attorney authorized to prosecute criminal violations of this section refuses to prosecute violations of any of the provisions of this section by any person without regard to the facts or circumstances.
(5) Any person who commits the crime of abortion trafficking, as provided in subsection (1) of this section, shall be punished by imprisonment in the state prison for no less than two (2) years and no more than five (5) years.
History:
[18-623, added 2023, ch. 310, sec. 1, p. 947.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 7 - ARRESTS AND SEIZURES OF PERSONS OR PROPERTY — SPECIAL OFFICERS › Section 18-701 - REFUSAL OF OFFICER TO MAKE ARREST.

18-701. REFUSAL OF OFFICER TO MAKE ARREST. Every sheriff, coroner, keeper of a jail, constable, or other peace officer, who wilfully refuses to receive or arrest any person charged with criminal offense, is punishable by fine not exceeding $5,000, and imprisonment in the county jail not exceeding one (1) year.
History:
[18-701, added 1972, ch. 336, sec. 1, p. 862.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 7 - ARRESTS AND SEIZURES OF PERSONS OR PROPERTY — SPECIAL OFFICERS › Section 18-703 - ILLEGAL ARRESTS AND SEIZURES.

18-703. ILLEGAL ARRESTS AND SEIZURES. Every public officer, or person pretending to be a public officer, who, under the pretense or color of any process or other legal authority, arrests any person or detains him against his will, or seizes or levies upon any property, or dispossesses any one of any lands or tenements, without a regular process or other lawful authority therefor, is guilty of a misdemeanor.
History:
[18-703, added 1972, ch. 336, sec. 1, p. 862.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 7 - ARRESTS AND SEIZURES OF PERSONS OR PROPERTY — SPECIAL OFFICERS › Section 18-704 - INHUMAN TREATMENT OF PRISONERS.

18-704. INHUMAN TREATMENT OF PRISONERS. Every officer who is guilty of wilful inhumanity or oppression toward any prisoner under his care or in his custody is punishable by fine not exceeding $5,000, and removal from office.
History:
[18-704, added 1972, ch. 336, sec. 1, p. 862.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 7 - ARRESTS AND SEIZURES OF PERSONS OR PROPERTY — SPECIAL OFFICERS › Section 18-705 - RESISTING AND OBSTRUCTING OFFICERS.

18-705. RESISTING AND OBSTRUCTING OFFICERS. Every person who wilfully resists, delays or obstructs any public officer, in the discharge, or attempt to discharge, of any duty of his office or who knowingly gives a false report to any peace officer, when no other punishment is prescribed, is punishable by a fine not exceeding one thousand dollars ($1,000), and imprisonment in the county jail not exceeding one (1) year.
History:
[18-705, added 1972, ch. 336, sec. 1, p. 863; am. 1982, ch. 50, sec. 1, p. 75.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 7 - ARRESTS AND SEIZURES OF PERSONS OR PROPERTY — SPECIAL OFFICERS › Section 18-706 - UNNECESSARY ASSAULTS BY OFFICERS.

18-706. UNNECESSARY ASSAULTS BY OFFICERS. Every public officer who, under color of authority, without lawful necessity, assaults or beats any person, is punishable by fine not exceeding $5,000 and imprisonment in the county jail not exceeding one (1) year.
History:
[18-706, added 1972, ch. 336, sec. 1, p. 844.]