Idaho Code
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.]

Structure Idaho Code

Idaho Code

Title 19 - CRIMINAL PROCEDURE

Chapter 2 - PREVENTION OF PUBLIC OFFENSES

Section 19-201 - LAWFUL RESISTANCE.

Section 19-201A - LEGISLATIVE INTENT — CASTLE DOCTRINE AND STAND YOUR GROUND.

Section 19-202 - RESISTANCE BY THREATENED PARTY.

Section 19-202A - DEFENSE OF SELF, OTHERS AND CERTAIN PLACES.

Section 19-203 - RESISTANCE BY OTHER PARTIES.

Section 19-204 - PREVENTION OF OFFENSES BY OFFICERS OF JUSTICE.

Section 19-205 - PREVENTION BY PERSONS ASSISTING OFFICERS.

Section 19-206 - SECURITY TO KEEP PEACE — INFORMATION OF THREATENED OFFENSE.

Section 19-207 - EXAMINATION OF COMPLAINANT.

Section 19-208 - WARRANT OF ARREST.

Section 19-209 - HEARING OF CONTROVERTED CHARGE.

Section 19-210 - DISCHARGE OF ACCUSED.

Section 19-211 - SECURITY TO KEEP THE PEACE.

Section 19-212 - EFFECT OF GIVING OR REFUSING SECURITY.

Section 19-213 - COMMITMENT FOR NOT GIVING SECURITY.

Section 19-214 - SECURITY FILED IN CLERK’S OFFICE.

Section 19-215 - SECURITY FOR THREATS TO ASSAULT.

Section 19-216 - BREACH OF SECURITY.

Section 19-217 - ACTION ON UNDERTAKING.

Section 19-218 - EVIDENCE OF BREACH.

Section 19-219 - PROVISIONS OF CHAPTER EXCLUSIVE.

Section 19-220 - PUBLIC PEACE — HOW PRESERVED.

Section 19-221 - SUPPRESSION OF RIOTS — OFFICERS MAY COMMAND ASSISTANCE.

Section 19-222 - CERTIFICATE OF PERSON RESISTING PROCESS.

Section 19-223 - GOVERNOR MAY CALL OUT MILITIA.

Section 19-224 - COMMANDING RIOTERS TO DISPERSE.

Section 19-225 - ARREST OF RIOTERS.

Section 19-226 - COMMAND OF ARMED FORCE.

Section 19-227 - PROCLAMATION OF INSURRECTION.

Section 19-228 - DISOBEDIENCE OF PROCLAMATION.

Section 19-229 - REVOCATION OF PROCLAMATION.