Idaho Code
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.]

Structure Idaho Code

Idaho Code

Title 18 - CRIMES AND PUNISHMENTS

Chapter 6 - ABORTION AND CONTRACEPTIVES

Section 18-601 - INTERPRETATION OF STATE STATUTES AND THE STATE CONSTITUTION.

Section 18-602 - LEGISLATIVE FINDINGS AND INTENT.

Section 18-603 - ADVERTISING MEDICINES OR OTHER MEANS FOR PREVENTING CONCEPTION, OR FACILITATING MISCARRIAGE OR ABORTION.

Section 18-604 - DEFINITIONS.

Section 18-605 - UNLAWFUL ABORTIONS — PROCUREMENT OF — PENALTY.

Section 18-606 - UNLAWFUL ABORTIONS — ACCOMPLICE OR ACCESSORY — SUBMITTING TO — PENALTY.

Section 18-607 - ABORTIFACIENTS — UNAUTHORIZED SALE.

Section 18-608 - CERTAIN ABORTIONS PERMITTED — CONDITIONS AND GUIDELINES.

Section 18-608A - PERSONS AUTHORIZED TO PERFORM ABORTIONS.

Section 18-609 - PHYSICIANS AND HOSPITALS NOT TO INCUR CIVIL LIABILITY — CONSENT TO ABORTION — NOTICE.

Section 18-609A - CONSENT REQUIRED FOR ABORTIONS FOR MINORS.

Section 18-609F - REPORTING BY COURTS.

Section 18-609G - STATISTICAL RECORDS.

Section 18-610 - REFUSAL TO CONSENT BY PREGNANT WOMAN — EFFECT.

Section 18-611 - FREEDOM OF CONSCIENCE FOR HEALTH CARE PROFESSIONALS.

Section 18-612 - REFUSAL TO PERFORM ABORTIONS — PHYSICIANS AND HOSPITALS NOT LIABLE.

Section 18-613 - PARTIAL-BIRTH ABORTIONS PROHIBITED.

Section 18-614 - DEFENSES TO PROSECUTION.

Section 18-615 - CRIMINAL ACT TO COERCE OR ATTEMPT TO COERCE A WOMAN TO OBTAIN AN ABORTION.

Section 18-616 - SEVERABILITY.

Section 18-617 - CHEMICAL ABORTIONS.

Section 18-618 - CIVIL CAUSES OF ACTION.

Section 18-619 - ANONYMITY OF FEMALE.

Section 18-620 - CONSTRUCTION.

Section 18-621 - SEVERABILITY.

Section 18-622 - CRIMINAL ABORTION.