reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 85 - IDAHO CRIMINAL GANG ENFORCEMENT ACT › Section 18-8503 - PUNISHMENT.

18-8503. PUNISHMENT. (1) An adult, or any juvenile waived to adult court pursuant to section 20-508 or 20-509, Idaho Code, who is convicted of any felony or misdemeanor enumerated in section 18-8502(3), Idaho Code, that is knowingly committed for the benefit or at the direction of, or in association with, any criminal gang or criminal gang member, in addition to the punishment provided for the commission of the underlying offense, shall be punished as follows:
(a) Any adult, or any juvenile waived to adult court pursuant to section 20-508 or 20-509, Idaho Code, who is convicted of a misdemeanor shall be punished by an additional term of imprisonment in the county jail for not more than one (1) year.
(b) Any adult, or any juvenile waived to adult court pursuant to section 20-508 or 20-509, Idaho Code, who is convicted of a felony shall be punished by an extended term of not less than two (2) years and not more than five (5) years in prison.
(c) If the underlying offense described in section 18-8502(3), Idaho Code, is a felony and committed on the grounds of, or within one thousand (1,000) feet of, a public or private elementary, secondary or vocational school during hours when the facility is open for classes or school-related programs or when minors are using the facility, the extended term shall be not less than two (2) years and not more than five (5) years in prison.
(2) This section does not create a separate offense but provides an additional penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed facts.
(3) The court shall not impose an extended penalty pursuant to this section unless:
(a) The indictment, information, complaint or petition charging the defendant with the primary offense alleges that the primary offense was committed knowingly for the benefit or at the direction of, or in association with, a criminal gang or criminal gang member with the specific intent to promote, further or assist the activities of the criminal gang; and
(b) The trier of fact finds the allegation to be true beyond a reasonable doubt.
(4) Except in a case of a juvenile who has been waived to adult court pursuant to section 20-508 or 20-509, Idaho Code, the imposition or execution of the sentences provided in this section may not be suspended.
(5) An extended sentence provided in this section shall run consecutively to the sentence provided for the underlying offense.
(6) Unless waived to adult court pursuant to section 20-508 or 20-509, Idaho Code, a juvenile who is adjudicated of any felony or misdemeanor enumerated in section 18-8502(3), Idaho Code, that is knowingly committed for the benefit or at the direction of, or in association with, any criminal gang or criminal gang member shall be sentenced according to the provisions of section 20-520, Idaho Code.
History:
[18-8503, added 2006, ch. 184, sec. 1, p. 584; am. 2007, ch. 316, sec. 1, p. 943; am. 2011, ch. 188, sec. 2, p. 539; am. 2014, ch. 99, sec. 1, p. 293.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 85 - IDAHO CRIMINAL GANG ENFORCEMENT ACT › Section 18-8504 - RECRUITING CRIMINAL GANG MEMBERS.

18-8504. RECRUITING CRIMINAL GANG MEMBERS. (1) A person commits the offense of recruiting criminal gang members by:
(a) Knowingly soliciting, inviting, encouraging or otherwise causing a person to actively participate in a criminal gang; or
(b) Knowingly using force, threats, violence or intimidation directed at any person, or by the infliction of bodily injury upon any person, to actively participate in a criminal gang.
(2) A person convicted of a violation of this section shall be imprisoned for a term not to exceed ten (10) years.
(3) This section shall not be construed to limit prosecution under any other provision of law.
History:
[18-8504, added 2006, ch. 184, sec. 1, p. 584.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 85 - IDAHO CRIMINAL GANG ENFORCEMENT ACT › Section 18-8505 - SUPPLYING FIREARMS TO A CRIMINAL GANG.

18-8505. SUPPLYING FIREARMS TO A CRIMINAL GANG. (1) A person commits the offense of supplying firearms to a criminal gang if the person knows an individual is a gang member and supplies, sells or gives possession or control of any firearm to that gang member.
(2) Subsection (1) of this section shall not apply to a person who is convicted as a principal to the offense committed by the recipient of the firearm.
(3) A person convicted of a violation of this section shall be imprisoned for a term not to exceed ten (10) years or be fined an amount not to exceed fifty thousand dollars ($50,000), or both.
History:
[18-8505, added 2006, ch. 184, sec. 1, p. 584.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 85 - IDAHO CRIMINAL GANG ENFORCEMENT ACT › Section 18-8506 - ADOPTION OF LOCAL REGULATIONS.

18-8506. ADOPTION OF LOCAL REGULATIONS. This chapter does not prevent any county, city or other political subdivision from adopting and enforcing ordinances or resolutions consistent with this chapter relating to criminal gangs and criminal gang violations.
History:
[18-8506, added 2006, ch. 184, sec. 1, p. 585.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 86 - HUMAN TRAFFICKING › Section 18-8601 - LEGISLATIVE INTENT.

18-8601. LEGISLATIVE INTENT. It is the intent of the legislature to address the growing problem of human trafficking and to provide criminal sanctions for persons who engage in human trafficking in this state. In addition to the other provisions enumerated in this chapter, the legislature finds that it is appropriate for members of the law enforcement community to receive training from the respective training entities in order to increase awareness of human trafficking cases occurring in Idaho and to assist and direct victims of such trafficking to available community resources.
History:
[(18-8601) 18-8501, added 2006, ch. 85, sec. 1, p. 249; am. and redesig. 2007, ch. 90, sec. 4, p. 249; am. 2019, ch. 143, sec. 1, p. 491.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 86 - HUMAN TRAFFICKING › Section 18-8602 - DEFINITIONS.

18-8602. DEFINITIONS.
(1)(a) "Human trafficking" means:
(i) Sex trafficking in which commercial sexual activity is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained eighteen (18) years of age; or
(ii) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion, for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
(b) Human trafficking may include, but is not limited to, the use of the following types of force, fraud, or coercion:
(i) Threatening serious harm to, or physical restraint against, that person or a third person;
(ii) Destroying, concealing, removing, or confiscating any passport, immigration document, or other government-issued identification document;
(iii) Abusing or threatening abuse of the law or legal process against the person or a third person;
(iv) Using a condition of a person being a debtor due to a pledge of the debtor’s personal services or the personal services of a person under the control of the debtor as a security for debt where the reasonable value of the services is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined; or
(v) Using a condition of servitude by means of any scheme, plan, or pattern intended to cause a reasonable person to believe that if the person did not enter into or continue in a condition of servitude, that person or a third person would suffer serious harm or physical restraint or would be threatened with abuse of legal process.
(c) "Sex trafficking" includes all forms of commercial sexual activity, which may include the following conduct:
(i) Sexual conduct, as defined in section 18-5610(2)(a), Idaho Code;
(ii) Sexual contact, as defined in section 18-5610(2)(b), Idaho Code;
(iii) Sexually explicit performance;
(iv) Prostitution; or
(v) Participation in the production of pornography.
(2) "Commercial sexual activity" means sexual conduct or sexual contact in exchange for anything of value, as defined in section 18-5610(2)(c), Idaho Code, illicit or legal, given to, received by, or promised to any person.
History:
[(18-8602) 18-8502, added 2006, ch. 85, sec. 1, p. 249; am. and redesig. 2007, ch. 90, sec. 5, p. 249; am. 2019, ch. 143, sec. 2, p. 491.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 86 - HUMAN TRAFFICKING › Section 18-8603 - PENALTIES.

18-8603. PENALTIES. Notwithstanding any other law to the contrary, on and after July 1, 2019, any person who commits the crime of human trafficking, as defined in section 18-8602, Idaho Code, shall be punished by imprisonment in the state prison for not more than twenty-five (25) years unless a more severe penalty is otherwise prescribed by law.
History:
[(18-8603) 18-8503, added 2006, ch. 85, sec. 1, p. 249; am. and redesig. 2007, ch. 90, sec. 6, p. 249; am. 2019, ch. 143, sec. 3, p. 492.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 86 - HUMAN TRAFFICKING › Section 18-8604 - RESTITUTION — REHABILITATION.

18-8604. RESTITUTION — REHABILITATION. (1) In addition to any other amount of loss resulting from a human trafficking violation, the court shall order restitution, as applicable, including the greater of:
(a) The gross income or value to the defendant of the victim’s labor or services; or
(b) The value of the victim’s labor as guaranteed under the minimum wage and overtime provisions of the federal fair labor standards act.
(2) In addition to any order for restitution as provided in this section, the court shall order the defendant to pay an amount determined by the court to be necessary for the mental and physical rehabilitation of the victim or victims.
History:
[(18-8604) 18-8504, added 2006, ch. 85, sec. 1, p. 250; am. and redesig. 2007, ch. 90, sec. 7, p. 250.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 86 - HUMAN TRAFFICKING › Section 18-8605 - HUMAN TRAFFICKING VICTIM PROTECTION.

18-8605. HUMAN TRAFFICKING VICTIM PROTECTION. (1) The attorney general shall, not later than January 1, 2024, issue a report outlining how existing state criminal laws protect or fail to protect human trafficking victims and recommending areas of improvement and modifications in existing laws and rules.
(2) The Idaho criminal justice commission, in consultation with the attorney general, shall, not later than January 1, 2024, issue and deliver a report to the germane committees of the Idaho legislature outlining how existing social service programs respond or fail to respond to the needs of human trafficking victims and the interplay of such existing programs with federally funded victim service programs and suggesting areas of improvement or modification. Such inquiry shall include but not be limited to the ability of state programs and licensing bodies to recognize federal nonimmigrant status for the purpose of benefits, programs, and licenses.
History:
[18-8605, added 2023, ch. 311, sec. 4, p. 950.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 86 - HUMAN TRAFFICKING › Section 18-8606 - SAFE HARBOR PROVISIONS.

18-8606. SAFE HARBOR PROVISIONS. (1) Diversion of minor victim.
(a) When a minor is alleged to have committed any offense not listed in section 18-310(2), Idaho Code, a prosecutor shall divert the offense if the minor committed the offense as a direct and immediate result of being a victim of human trafficking.
(b) If a minor has an offense diverted pursuant to paragraph (a) of this subsection, the minor shall be placed in a state-licensed residential facility, as defined in section 39-1202, Idaho Code, that provides a comprehensive rehabilitative program with access to:
(i) Comprehensive case management;
(ii) Integrated mental health and chemical dependency services, including specialized trauma recovery services;
(iii) Education and employment training services; and
(iv) Off-site specialized services, as appropriate.
(c) A diversion agreement under this subsection may extend for up to twelve (12) months.
(d) Diversion shall only be available pursuant to this section if the minor expresses a willingness to cooperate and receive specialized services. If the minor is unwilling to cooperate with specialized services, continuation of the diversion shall be at the discretion of the court.
(2) A person charged with any offense not identified in section 18-310(2), Idaho Code, committed as a direct and immediate result of being a victim of human trafficking may assert an affirmative defense that the person is a victim of human trafficking.
History:
[18-8606, added 2019, ch. 257, sec. 1, p. 767.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 87 - NO PUBLIC FUNDS FOR ABORTION ACT › Section 18-8701 - SHORT TITLE.

18-8701. SHORT TITLE. This chapter shall be known and may be cited as the "No Public Funds for Abortion Act."
History:
[18-8701, added 2021, ch. 334, sec. 1, p. 1015.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 87 - NO PUBLIC FUNDS FOR ABORTION ACT › Section 18-8702 - DEFINITIONS.

18-8702. DEFINITIONS. As used in this chapter:
(1) "Abortion" means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child. Such use, prescription, or means is not an abortion if done with the intent to save the life or preserve the health of the unborn child, remove a dead unborn child caused by spontaneous abortion, or remove an ectopic pregnancy.
(2) "Affiliate" means an organization that owns or controls or is owned or controlled, in whole or in part, by the other; is related by shareholdings or other means of control; or is a subsidiary, parent, or sibling corporation.
(3) "Facility" or "health care facility" means any public or private hospital, clinic, center, medical school, medical training institution, health care facility, physician’s office, infirmary, dispensary, ambulatory surgical treatment center, or other institution or location wherein health care is provided to any person.
(4) "Health care provider" means any person or individual who may be or is asked to participate in any way in any health care service. This includes but is not limited to doctors, nurse practitioners, physician assistants, nurses, nurses’ aides, allied health professionals, medical assistants, hospital employees, clinic employees, nursing home employees, pharmacists, pharmacy technicians and employees, medical school faculty and students, nursing school faculty and students, psychology and counseling faculty and students, medical researchers, laboratory technicians, counselors, social workers, or any other person who facilitates or participates in the provision of health care services to any person.
(5) "Public funds" means the funds of every political subdivision of the state wherein taxes are levied or fees are collected for any purpose and also refers to:
(a) The revenue or money of a government, state, or municipal corporation;
(b) The bonds, stocks, or other securities of a national or state government; and
(c) Government spending for acquisition of goods and services for current use to directly satisfy individual or collective needs of the members of the community.
History:
[18-8702, added 2021, ch. 334, sec. 1, p. 1015.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 87 - NO PUBLIC FUNDS FOR ABORTION ACT › Section 18-8703 - GOVERNMENT CONTRACTS WITH ABORTION PROVIDERS OR THEIR AFFILIATES PROHIBITED.

18-8703. GOVERNMENT CONTRACTS WITH ABORTION PROVIDERS OR THEIR AFFILIATES PROHIBITED. (1) The state, a county, a city, a public health district, a public school district, or any local political subdivision thereof may not enter into any contract or commercial transaction with an abortion provider or an affiliate of an abortion provider.
(2) Subsection (1) of this section shall not apply to:
(a) A contract or commercial transaction that is subject to a federal law related to medicaid; or
(b) A hospital, as defined in section 39-1301, Idaho Code.
History:
[18-8703, added 2021, ch. 334, sec. 1, p. 1016.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 87 - NO PUBLIC FUNDS FOR ABORTION ACT › Section 18-8704 - CONTRACTS FOR ABORTION PROCEDURES PROHIBITED.

18-8704. CONTRACTS FOR ABORTION PROCEDURES PROHIBITED. (1) No health care facility owned or operated by the state, a county, a city, a public health district, a public school district, or any political subdivision or agency thereof shall enter into any contract or commercial transaction with any health care provider or health care facility under the terms of which such health care provider or health care facility agrees to provide, perform, or induce an abortion, except when the life of the mother is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.
(2) Subsection (1) of this section shall not apply to:
(a) A contract or commercial transaction that is subject to a federal law related to medicaid; or
(b) A hospital, as defined in section 39-1301, Idaho Code.
History:
[18-8704, added 2021, ch. 334, sec. 1, p. 1016.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 87 - NO PUBLIC FUNDS FOR ABORTION ACT › Section 18-8705 - USE OF PUBLIC FUNDS FOR ABORTION PROHIBITED.

18-8705. USE OF PUBLIC FUNDS FOR ABORTION PROHIBITED. (1) No public funds made available by the state, a county, a city, a public health district, a public school district, or any local political subdivision or agency thereof and distributed by any institution, board, commission, department, agency, official, or employee of the state, a county, a city, a public health district, a public school district, or any local political subdivision or agency thereof shall be used in any way to provide, perform, or induce an abortion; assist in the provision or performance of an abortion; promote abortion; counsel in favor of abortion; refer for abortion; or provide facilities for an abortion or for training to provide or perform an abortion.
(2) No person, agency, organization, or any other party that receives funds authorized by the state, a county, a city, a public health district, a public school district, or any local political subdivision or agency thereof may use those funds to perform or promote abortion, provide counseling in favor of abortion, make referral for abortion, or provide facilities for abortion or for training to provide or perform abortion.
(3) No fund or committee authorized by Idaho Code for the special protection of women or children shall be authorized to use or distribute public funds for payment for abortion, abortion referrals, abortion counseling, or abortion-related medical or social services.
(4) The provisions of subsections (1), (2), and (3) of this section shall not apply to:
(a) An abortion performed when the life of the mother is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself;
(b) A hospital, as defined in section 39-1301, Idaho Code; or
(c) A contract or commercial transaction that is subject to a federal law related to medicaid.
History:
[18-8705, added 2021, ch. 334, sec. 1, p. 1016.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 87 - NO PUBLIC FUNDS FOR ABORTION ACT › Section 18-8706 - USE OF SCHOOL TUITION AND FEES FOR ABORTION PROHIBITED.

18-8706. USE OF SCHOOL TUITION AND FEES FOR ABORTION PROHIBITED. No part of any tuition or fees paid to a public institution of higher education shall be used in any way to pay for an abortion, provide or perform an abortion, provide counseling in favor of abortion, make a referral for abortion, or provide facilities for an abortion or for training to provide or perform abortion.
History:
[18-8706, added 2021, ch. 334, sec. 1, p. 1017.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 87 - NO PUBLIC FUNDS FOR ABORTION ACT › Section 18-8707 - ABORTION-RELATED ACTIVITIES PROHIBITED IN SCHOOL-BASED HEALTH CLINICS.

18-8707. ABORTION-RELATED ACTIVITIES PROHIBITED IN SCHOOL-BASED HEALTH CLINICS. (1) No facility operated at a public institution of higher education or operated by a public school district shall provide any of the following services to any person:
(a) Providing or performing an abortion;
(b) Counseling in favor of abortion;
(c) Referring for abortion; or
(d) Dispensing a drug classified as emergency contraception by the food and drug administration (FDA), except in the case of rape as defined in section 18-6101, Idaho Code.
(2) No employee of a public institution of higher education or a public school, acting within the scope of such person’s employment, shall provide any of the following services to any person:
(a) Providing or performing an abortion;
(b) Counseling in favor of abortion;
(c) Referring for abortion; or
(d) Dispensing a drug classified as emergency contraception by the FDA, except in the case of rape as defined in section 18-6101, Idaho Code.
(3) The state department of education, state board of education, or other state agencies and local units of administration are prohibited from using state funds to provide or procure an abortion or distribute drugs classified as emergency contraception by the FDA, except in the case of rape as defined in section 18-6101, Idaho Code.
History:
[18-8707, added 2021, ch. 334, sec. 1, p. 1017.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 87 - NO PUBLIC FUNDS FOR ABORTION ACT › Section 18-8708 - USE OF PUBLIC FACILITIES AND ASSETS FOR ABORTION PROHIBITED.

18-8708. USE OF PUBLIC FACILITIES AND ASSETS FOR ABORTION PROHIBITED. (1) No public institution, public facility, public equipment, or other physical asset owned, leased, or controlled by this state, a county, a city, a public health district, a public school district, or any local political subdivision or agency thereof shall be used for the purpose of providing, performing, or participating in an abortion.
(2) No public institution or facility shall lease, sell, or permit the subleasing of its facilities or property to any physician or health care facility for use in the provision or performance of abortion.
(3) The provisions of subsections (1) and (2) of this section shall not apply to:
(a) An abortion performed when the life of the mother is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself;
(b) A hospital, as defined in section 39-1301, Idaho Code; or
(c) A contract or commercial transaction that is subject to a federal law related to medicaid.
History:
[18-8708, added 2021, ch. 334, sec. 1, p. 1017.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 87 - NO PUBLIC FUNDS FOR ABORTION ACT › Section 18-8709 - PENALTY FOR VIOLATION.

18-8709. PENALTY FOR VIOLATION. Any intentional violation of the provisions of this chapter by a public officer or public employee shall be considered a misuse of public moneys punishable under section 18-5702, Idaho Code.
History:
[18-8709, added 2021, ch. 334, sec. 1, p. 1018.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 87 - NO PUBLIC FUNDS FOR ABORTION ACT › Section 18-8710 - CONSTRUCTION.

18-8710. CONSTRUCTION. Nothing in this chapter shall be construed as creating or recognizing a right to abortion. Nothing in this chapter shall be construed as creating or recognizing a right to federal or state funds for abortion.
History:
[18-8710, added 2021, ch. 334, sec. 1, p. 1018.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 87 - NO PUBLIC FUNDS FOR ABORTION ACT › Section 18-8711 - SEVERABILITY.

18-8711. SEVERABILITY. Any provision of this chapter held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless such holding shall be one of utter invalidity or unenforceability, in which event such provision shall be deemed severable herefrom and shall not affect the remainder hereof or the application of such provision to other persons not similarly situated or to other dissimilar circumstances.
History:
[18-8711, added 2021, ch. 334, sec. 1, p. 1018.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 88 - FETAL HEARTBEAT PREBORN CHILD PROTECTION ACT › Section 18-8801 - DEFINITIONS.

18-8801. DEFINITIONS. As used in this chapter:
(1) "Abortion" means the use of any means to intentionally terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the preborn child. "Abortion" does not mean the use of an intrauterine device or birth control pill to inhibit or prevent ovulations, fertilization, or the implantation of a fertilized ovum within the uterus.
(2) "Fetal heartbeat" means embryonic or fetal cardiac activity or the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac.
(3) "Fetus" and "preborn child" each mean an individual organism of the species Homo sapiens from fertilization until live birth.
(4) "Gestational age" means the age of a preborn human individual as calculated from the first day of the last menstrual period of a pregnant woman.
(5) "Medical emergency" means a condition that, in reasonable medical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function.
History:
[(18-8801) 18-8701, added 2021, ch. 289, sec. 1, p. 867; am. and redesig. 2022, ch. 111, sec. 10, p. 372; am. and redesig. 2022, ch. 152, sec. 1, p. 532.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 88 - FETAL HEARTBEAT PREBORN CHILD PROTECTION ACT › Section 18-8802 - LEGISLATIVE FINDINGS AND INTENT.

18-8802. LEGISLATIVE FINDINGS AND INTENT. The legislature finds and declares that:
(1) The life of each human being begins at fertilization, and preborn children have interests in life, health, and well-being that should be protected.
(2) The cardiopulmonary definition of death, which is the reigning common law standard for determining death, is defined as the "irreversible cessation of circulatory and respiratory functions." This cardiopulmonary definition of death was included in the uniform determination of death act, a model law that was adopted by numerous medical and ethics organizations, including the national conference of commissioners on uniform state laws, the American medical association, and almost all states in the United States.
(3) Legal standards and the medical community at large both affirm that a consistent human heartbeat, independent of life support, is a core determining factor in establishing the legal presence of human life in a full range of circumstances, for old and young alike.
(4) The heartbeat of a preborn child begins at a biologically identifiable moment in time that can be detected and imaged by medical equipment.
(5) A detectable fetal heartbeat and its characteristics is a key medical predictor in whether a preborn child will reach live birth.
(6) The fetal heartbeat, when detected, presents a clearly identifiable point at which the preborn child in the womb has a greater than ninety-five percent (95%) chance of survival when carried to term.
(7) The presence of a human heartbeat is a more reliable indicator of life than the medically uncertain concept of "viability" and whether that preborn child is "potentially able to live outside the mother’s womb."
(8) Therefore, the state of Idaho has a compelling interest in protecting the life of a preborn child at all stages of its development, including after the preborn child has a detectable heartbeat, which signals rhythmically and without pause the presence of a precious and unique life, one that is independent and distinct from the mother’s and one that is also worthy of our utmost protection.
History:
[(18-8802) 18-8702, added 2021, ch. 289, sec. 1, p. 867; am. and redesig. 2022, ch. 111, sec. 10, p. 372; am. and redesig. 2022, ch. 152, sec. 2, p. 533.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 88 - FETAL HEARTBEAT PREBORN CHILD PROTECTION ACT › Section 18-8803 - DETERMINATION OF FETAL HEARTBEAT.

18-8803. DETERMINATION OF FETAL HEARTBEAT. Any person who intends to perform or induce an abortion on a pregnant woman must determine if there is the presence of any fetal heartbeat, except in the case of a medical emergency. In testing for any fetal heartbeat, the person conducting the physical examination on the pregnant woman must determine in his reasonable medical judgment and according to standard medical practice whether or not any fetal heartbeat is present. The person who determines the presence or absence of any fetal heartbeat must record in the pregnant woman’s medical record the estimated gestational age of the preborn human individual or individuals, the method used to test for the fetal heartbeat, the date and time of the test, and the results of the test.
History:
[(18-8803) 18-8703, added 2021, ch. 289, sec. 1, p. 868; am. and redesig. 2022, ch. 111, sec. 10, p. 373; am. and redesig. 2022, ch. 153, sec. 2, p. 536.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 88 - FETAL HEARTBEAT PREBORN CHILD PROTECTION ACT › Section 18-8804 - ABORTION FOLLOWING DETECTION OF A FETAL HEARTBEAT PROHIBITED.

18-8804. ABORTION FOLLOWING DETECTION OF A FETAL HEARTBEAT PROHIBITED. (1) A person may not perform an abortion on a pregnant woman when a fetal heartbeat has been detected, except in the case of a medical emergency, in the case of rape as defined in section 18-6101, Idaho Code, or in the case of incest as described in section 18-6601, Idaho Code. In the case of rape or incest:
(a) If the woman is not a minor or subject to guardianship, then, prior to the performance of the abortion, the woman has reported the act of rape or incest to a law enforcement agency and provided a copy of such report to the physician who is to perform the abortion; or
(b) If the woman is a minor or subject to guardianship, then, prior to the performance of the abortion, the woman or her parent or guardian has reported the act of rape or incest to a law enforcement agency or child protective services and a copy of such report have been provided to the physician who is to perform the abortion.
(2) Nothing in this section recognizes a right to abortion before a fetal heartbeat is detected.
History:
[(18-8804) 18-8704, added 2021, ch. 289, sec. 1, p. 868; am. and redesig. 2022, ch. 111, sec. 10, p. 373; am. and redesig. 2022, ch. 124, sec. 19, p. 452; am. and redesig. 2022, ch. 152, sec. 3, p. 533.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 88 - FETAL HEARTBEAT PREBORN CHILD PROTECTION ACT › Section 18-8805 - PENALTIES FOR VIOLATIONS — EFFECTIVE UPON A CERTAIN OCCURRENCE.

18-8805. PENALTIES FOR VIOLATIONS — EFFECTIVE UPON A CERTAIN OCCURRENCE. (1) This section shall become effective thirty (30) days following the issuance of the judgment in any United States appellate court case in which the appellate court upholds a restriction or ban on abortion for a preborn child because a detectable heartbeat is present on the grounds that such restriction or ban does not violate the United States constitution.
(2) Every licensed health care professional who knowingly or recklessly performs or induces an abortion in violation of this chapter commits the crime of criminal abortion. Criminal abortion shall be a felony punishable by a sentence of imprisonment of no less than two (2) years and no more than five (5) years in prison.
(3) The professional license of any health care professional who performs or induces an abortion or who assists in performing or inducing an abortion in violation of this chapter shall be suspended by the appropriate licensing board for a minimum of six (6) months upon a first offense and shall be permanently revoked upon a subsequent offense.
(4) Nothing in this section shall be construed to conflict with the effectiveness of section 18-622, Idaho Code, following the occurrence of the circumstances described in that section. In the event both this section and section 18-622, Idaho Code, are enforceable, section 18-622, Idaho Code, shall supersede this section.
History:
[(18-8805) 18-8705, added 2021, ch. 289, sec. 1, p. 868; am. and redesig. 2022, ch. 111, sec. 10, p. 373; am. and redesig. 2022, ch. 152, sec. 4, p. 534, effective August 19, 2022.]
2023 Idaho Code › Title 18 - CRIMES AND PUNISHMENTS › Chapter 88 - FETAL HEARTBEAT PREBORN CHILD PROTECTION ACT › Section 18-8808 - SEVERABILITY.

18-8808. SEVERABILITY. The provisions of this chapter are hereby declared to be severable, and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration does not affect the validity of the remaining portions of this chapter. Any invalidity or potential invalidity of the provisions of this chapter does not impair the immediate and continuing enforceability of the remaining provisions. The provisions of this chapter do not have the effect of repealing or limiting any other laws of this state, except as specified by this chapter.
History:
[(18-8808) 18-8708, added 2021, ch. 289, sec. 1, p. 869; am. and redesig. 2022, ch. 111, sec. 10, p. 374.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 1 - PRELIMINARY PROVISIONS › Section 19-101 - LEGAL CONVICTION NECESSARY TO PUNISHMENT.

19-101. LEGAL CONVICTION NECESSARY TO PUNISHMENT. No person can be punished for a public offense except upon a legal conviction in a court having jurisdiction thereof.
History:
[(19-101) Cr. Prac. 1864, sec. 5, p. 214; R.S., R.C., & C.L., sec. 7350; C.S., sec. 8616; I.C.A., sec. 19-101.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 1 - PRELIMINARY PROVISIONS › Section 19-102 - PROSECUTION BY INDICTMENT OR INFORMATION — EXCEPTIONS.

19-102. PROSECUTION BY INDICTMENT OR INFORMATION — EXCEPTIONS. Every public offense must be prosecuted by indictment, or information, except:
1. Where proceedings are had for the removal of civil officers of the state.
2. Offenses arising in the militia when in actual service, and in the land and naval forces in time of war, or which this state may keep, with the consent of congress, in time of peace.
3. Offenses tried in justices, and probate courts.
History:
[(19-102) Cr. Prac. 1864, sec. 6, p. 214; R.S., sec. 7351; am. 1899, p. 125; reen. R.C. & C.L., sec. 7351; C.S., sec. 8617; I.C.A., sec. 19-102.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 1 - PRELIMINARY PROVISIONS › Section 19-103 - CRIMINAL ACTION DEFINED.

19-103. CRIMINAL ACTION DEFINED. The proceedings by which a party charged with a public offense is accused and brought to trial and punishment is known as a criminal action.
History:
[(19-103) Cr. Prac. 1864, sec. 7, p.214; R.S., R.C., & C.L., sec. 7352; C.S., sec. 8618; I.C.A., sec. 19-103.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 1 - PRELIMINARY PROVISIONS › Section 19-104 - PARTIES TO CRIMINAL ACTIONS.

19-104. PARTIES TO CRIMINAL ACTIONS. A criminal action is prosecuted in the name of the state of Idaho, as a party, against the person charged with the offense.
History:
[(19-104) Cr. Prac. 1864, sec. 8, p. 214; R.S., R.C., & C.L., sec. 7353; C.S., sec. 8619; I.C.A., sec. 19-104.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 1 - PRELIMINARY PROVISIONS › Section 19-105 - DEFENDANT.

19-105. DEFENDANT. The party prosecuted in a criminal action is designated in this code as the defendant.
History:
[(19-105) Cr. Prac. 1864, sec. 9, p. 214; R.S., R.C., & C.L., sec. 7354; C.S., sec. 8620; I.C.A., sec. 19-105.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 1 - PRELIMINARY PROVISIONS › Section 19-106 - RIGHTS OF DEFENDANT.

19-106. RIGHTS OF DEFENDANT. In a criminal action the defendant is entitled:
1. To a speedy and public trial.
2. To be allowed counsel as in civil actions, or to appear and defend in person and with counsel.
History:
[(19-106) Cr. Prac. 1864, sec. 10. p. 214, first two subds.; R.S., R.C., & C.L., sec. 7355; C.S., sec. 8621; I.C.A., sec. 19-106.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 1 - PRELIMINARY PROVISIONS › Section 19-107 - SECOND PROSECUTION PROHIBITED.

19-107. SECOND PROSECUTION PROHIBITED. No person can be subjected to a second prosecution for a public offense for which he has once been prosecuted and convicted or acquitted.
History:
[19-107, added 1972, ch. 336, sec. 2, p. 982.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 1 - PRELIMINARY PROVISIONS › Section 19-108 - SELF-INCRIMINATING EVIDENCE — RESTRAINT OF PERSON.

19-108. SELF-INCRIMINATING EVIDENCE — RESTRAINT OF PERSON. No person can be compelled in a criminal action to be a witness against himself, nor can a person charged with a public offense be subjected, before conviction, to any more restraint than is necessary for his detention to answer the charge.
History:
[(19-108) Cr. Prac. 1864, sec. 12, p. 214; R.S., R.C., & C.L., sec. 7357; C.S., sec. 8623; I.C.A., sec. 19-108.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 1 - PRELIMINARY PROVISIONS › Section 19-109 - PREREQUISITES TO CONVICTION.

19-109. PREREQUISITES TO CONVICTION. No person can be convicted of a public offense unless by the verdict of a jury, accepted and recorded by the court, or upon a plea of guilty, or upon a judgment of a probate or justice’s court, a jury having been waived, in a criminal case not amounting to a felony.
History:
[(19-109) Cr. Prac. 1864, sec. 13, p. 214; R.S., R.C., & C.L., sec. 7358; C.S., sec. 8624; I.C.A., sec. 19-109.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 1 - PRELIMINARY PROVISIONS › Section 19-110 - EXPEDITION OF COURT PROCEEDINGS.

19-110. EXPEDITION OF COURT PROCEEDINGS. In all criminal cases and juvenile fact finding hearings that involve a child victim or witness, the court and the prosecuting attorney shall take all appropriate actions to ensure a speedy trial in order to minimize the length of time the child must endure the stress of his or her involvement in the proceedings. In ruling on any motion or other request for a delay or continuance of any proceeding, the court shall consider and give weight to any adverse impact that the requested delay or continuance may have on the well-being of a child victim or witness, and findings of fact shall be made on this issue.
History:
[19-110, added 1989, ch. 303, sec. 1, p. 758.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 2 - PREVENTION OF PUBLIC OFFENSES › Section 19-201 - LAWFUL RESISTANCE.

19-201. LAWFUL RESISTANCE. Lawful resistance to the commission of a public offense may be made:
1. By the party about to be injured.
2. By other parties.
History:
[19-201, added 1972, ch. 336, sec. 3, p. 983.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 2 - PREVENTION OF PUBLIC OFFENSES › Section 19-201A - LEGISLATIVE INTENT — CASTLE DOCTRINE AND STAND YOUR GROUND.

19-201A. LEGISLATIVE INTENT — CASTLE DOCTRINE AND STAND YOUR GROUND. It is the intent of the legislature to incorporate provisions of the castle doctrine and stand your ground provided in Idaho case law and jury instructions into certain sections of this chapter and in section 18-4009, Idaho Code.
History:
[19-201A, added 2018, ch. 222, sec. 3, p. 501.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 2 - PREVENTION OF PUBLIC OFFENSES › Section 19-202 - RESISTANCE BY THREATENED PARTY.

19-202. RESISTANCE BY THREATENED PARTY. (1) Resistance sufficient to prevent the offense may be made by the person about to be injured:
(a) To prevent an offense against his person, or his family, or some member thereof; or
(b) To prevent an illegal attempt by force to take or injure property in his lawful possession.
(2) The defensive display or declaration of a firearm by a person is justified when and to the extent a reasonable person would believe that physical force is necessary to protect the person or another person against the use or attempted use of unlawful physical force, including deadly force. The provisions of this subsection do not apply to someone who intentionally provokes another person to use or attempt to use unlawful physical force or deadly physical force. For purposes of this section, "defensive display or declaration of a firearm" shall include:
(a) Verbally informing another person that the person possesses or has available a firearm; and
(b) Exposing, displaying, or placing a person’s hand on a firearm while the firearm is contained in a holster, pocket, purse, or other means of containment or transport in a manner that a reasonable person would understand was meant to protect the person or another against an unlawful use or attempted use of physical force or deadly physical force.
(3) The provisions of this section do not require a defensive display or declaration of a firearm before the use of physical force or deadly physical force, or threat of physical force or deadly physical force, by a person who is otherwise justified in the use or threatened use of physical force or deadly physical force.
(4) A person acting pursuant to this section may use such degree and extent of force as would appear to be reasonably necessary to prevent the threatened injury. Reasonableness is to be judged from the viewpoint of a reasonable person placed in the same position and seeing and knowing what the person then saw and knew without the benefit of hindsight.
History:
[19-202, added 1972, ch. 336, sec. 3, p. 983; am. 2018, ch. 222, sec. 4, p. 501; am. 2023, ch. 295, sec. 1, p. 896.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 2 - PREVENTION OF PUBLIC OFFENSES › Section 19-202A - DEFENSE OF SELF, OTHERS AND CERTAIN PLACES.

19-202A. DEFENSE OF SELF, OTHERS AND CERTAIN PLACES. (1) No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting himself or his family by reasonable means necessary, or when coming to the aid of another whom he reasonably believes to be in imminent danger of or the victim of aggravated assault, robbery, rape, murder or other heinous crime.
(2) The defense of self or of another does not require a person to wait until he or she ascertains whether the danger is apparent or real. A person confronted with such danger has a clear right to act upon appearances such as would influence the action of a reasonable person.
(3) In the exercise of the right of self-defense or defense of another, a person need not retreat from any place that person has a right to be. A person may stand his ground and defend himself or another person by the use of all force and means which would appear to be necessary to a reasonable person in a similar situation and with similar knowledge without the benefit of hindsight. The provisions of this subsection shall not apply to a person incarcerated in jail or prison facilities when interacting with jail or prison staff who are acting in their official capacities.
(4) In any prosecution for the unlawful use of force, including deadly force, or the attempted or threatened use of force contrary to title 18, Idaho Code, the burden is on the prosecution to prove beyond a reasonable doubt that the use of force, attempted use of force or threat to use force was not justifiable.
(5) A person using force or deadly force in defense of a habitation, place of business or employment or occupied vehicle as defined in section 18-4009(3), Idaho Code, is presumed to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury if the force is used against a person whose entry or attempted entry therein is unlawful and is made or attempted by use of force, or in a violent and tumultuous manner, or surreptitiously or by stealth, or for the purpose of committing a felony.
History:
[19-202A, added 1974, ch. 238, sec. 1, p. 1601; am. 2018, ch. 222, sec. 5, p. 502.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 2 - PREVENTION OF PUBLIC OFFENSES › Section 19-203 - RESISTANCE BY OTHER PARTIES.

19-203. RESISTANCE BY OTHER PARTIES. Any other person, in aid or defense of the person about to be injured, may make resistance sufficient to prevent the offense.
History:
[19-203, added 1972, ch. 336, sec. 3, p. 983.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 2 - PREVENTION OF PUBLIC OFFENSES › Section 19-204 - PREVENTION OF OFFENSES BY OFFICERS OF JUSTICE.

19-204. PREVENTION OF OFFENSES BY OFFICERS OF JUSTICE. Public offenses may be prevented by the intervention of the officers of justice:
1. By requiring security to keep the peace.
2. By forming a police in cities and towns, and by requiring their attendance in exposed places.
3. By suppressing riots.
History:
[(19-204) Cr. Prac. 1864, sec. 17, p. 215; R.S., R.C., & C.L., sec. 7375; C.S., sec. 8628; I.C.A., sec. 19-204.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 2 - PREVENTION OF PUBLIC OFFENSES › Section 19-205 - PREVENTION BY PERSONS ASSISTING OFFICERS.

19-205. PREVENTION BY PERSONS ASSISTING OFFICERS. When the officers of justice are authorized to act in the prevention of public offenses, other persons who, by their command, act in their aid, are justified in so doing.
History:
[19-205, added 1972, ch. 336, sec. 3, p. 983.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 2 - PREVENTION OF PUBLIC OFFENSES › Section 19-206 - SECURITY TO KEEP PEACE — INFORMATION OF THREATENED OFFENSE.

19-206. SECURITY TO KEEP PEACE — INFORMATION OF THREATENED OFFENSE. An information may be laid before any magistrate that a person has threatened to commit an offense against the person or property of another.
History:
[(19-206) Cr. Prac. 1864, sec. 19, p. 215; R.S., R.C., & C.L., sec. 7380; C.S., sec. 8630; I.C.A., sec. 19-206.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 2 - PREVENTION OF PUBLIC OFFENSES › Section 19-207 - EXAMINATION OF COMPLAINANT.

19-207. EXAMINATION OF COMPLAINANT. When the information is laid before such magistrate he must examine on oath the informer, and any witness he may produce, and must take their depositions in writing and cause them to be subscribed by the parties making them.
History:
[(19-207) Cr. Prac. 1864, sec. 20, p. 216; R.S., R.C., & C.L., sec. 7381; C.S., sec. 8631; I.C.A., sec. 19-207.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 2 - PREVENTION OF PUBLIC OFFENSES › Section 19-208 - WARRANT OF ARREST.

19-208. WARRANT OF ARREST. If it appears from the depositions that there is just reason to fear the commission of the offense threatened by the person so informed against, the magistrate must issue a warrant, directed generally to the sheriff of the county or any constable, marshal or policeman in the state, reciting the substance of the information, and commanding the officer forthwith to arrest the person informed of and bring him before the magistrate.
History:
[(19-208) Cr. Prac. 1864, sec. 21, p. 216; R.S., R.C., & C.L., sec. 7382; C.S., sec. 8632; I.C.A., sec. 19-208.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 2 - PREVENTION OF PUBLIC OFFENSES › Section 19-209 - HEARING OF CONTROVERTED CHARGE.

19-209. HEARING OF CONTROVERTED CHARGE. When the person informed against is brought before the magistrate, if the charge be controverted the magistrate must take testimony in relation thereto. The evidence must be reduced to writing and subscribed by the witnesses.
History:
[(19-209) Cr. Prac. 1864, sec. 22, p. 216; R.S., R.C., & C.L., sec. 7383; C.S., sec. 8633; I.C.A., sec. 19-209.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 2 - PREVENTION OF PUBLIC OFFENSES › Section 19-210 - DISCHARGE OF ACCUSED.

19-210. DISCHARGE OF ACCUSED. If it appears that there is no just reason to fear the commission of the offense alleged to have been threatened, the person complained of must be discharged.
History:
[(19-210) Cr. Prac. 1864, sec. 23, p. 216; R.S., R.C., & C.L., sec. 7384; C.S., sec. 8634; I.C.A., sec. 19-210.]