Idaho Armed Self-Defense Laws
When you may act in self defense
Lawful resistance to the commission of a public offense may be made by the party about to be injured or by other parties. 19-201
Resistance sufficient to prevent the offense may be made by the party about to be injured:
To prevent an offense against his person, or his family, or some member thereof;
To prevent an illegal attempt by force to take or injure property in his lawful possession. 19-202
You may come to the defense of others
Any other person, in aid or defense of the person about to be injured, may make resistance sufficient to prevent the offense. 19-203
Release from liability
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. 19-202A
Lawful resistance to the commission of a public offense may be made by the party about to be injured or by other parties. 19-201
Resistance sufficient to prevent the offense may be made by the party about to be injured:
To prevent an offense against his person, or his family, or some member thereof;
To prevent an illegal attempt by force to take or injure property in his lawful possession. 19-202
You may come to the defense of others
Any other person, in aid or defense of the person about to be injured, may make resistance sufficient to prevent the offense. 19-203
Release from liability
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. 19-202A
No Duty to Retreat (Stand Your Ground)
Justifiable homicide is permissible when resisting any attempt to murder any person, or to commit a
20 felony, or to do some great bodily injury upon any person, which includes (after July 1, 2018), residences, places of business, and vehicles. 18-4009
20 felony, or to do some great bodily injury upon any person, which includes (after July 1, 2018), residences, places of business, and vehicles. 18-4009
SB 1313 (2018), effective July 1, 2018
SB 1313 incorporates existing case law (which the below jury instructions) are based on into statute to define the "stand your ground" doctrine.
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.
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. 19-202A(3) & (5) (effective July 1, 2018)
It is a presumption that someone who forcefully or stealthily enters a residence, business, or occupied vehicle is doing so with the intent to commit a felony. This includes tents and the exterior premises of a business. 18-4009 (2)&(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.
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. 19-202A(3) & (5) (effective July 1, 2018)
It is a presumption that someone who forcefully or stealthily enters a residence, business, or occupied vehicle is doing so with the intent to commit a felony. This includes tents and the exterior premises of a business. 18-4009 (2)&(3)
Jury Instruction 1514 Justifiable Homicide
The defendant contends as a defense in this case that the killing was justifiable because the defendant was description of justification; e.g. an excusable homicide such as attempting to stop the commission of a robbery.
Under the law, homicide is justifiable if
The burden is on the prosecution to prove beyond a reasonable doubt that the homicide was not justifiable. If there is a reasonable doubt whether the homicide was justifiable, you must find the defendant not guilty.
The law of self‑defense does not require a defendant to wait until he or she ascertains whether the danger is apparent or real. A person confronted with great danger, or what would appear to a reasonable person as great danger, has a clear right to act upon appearances such as would influence the action of a reasonable person. Also, the defendant is not required to retreat or to do everything in his or her power to avoid the necessity of acting in self‑defense. The defendant is only expected to act as a reasonably prudent person would act under similar circumstances and surroundings. State v. McGreevey
Under the law, homicide is justifiable if
- Committed while resisting an attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person.
- Committed in defense of habitation, property or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony, or against one who manifestly intends and endeavors, in a violent, riotous or tumultuous manner, to enter the habitation of another for the purpose of offering violence to any person therein. However, the bare fear of such acts is not sufficient unless the circumstances are sufficient to create such a fear in a reasonable person and the defendant acted under the influence of such fears alone.
- Committed in the lawful defense of the defendant, or of a wife or husband, parent, child, master, mistress or servant of the defendant, when there is reasonable grounds to apprehend a design to commit a felony or to do some great bodily injury and imminent danger of such design being accomplished; but such person, or the person on whose behalf the defense was made, if that person was the assailant or engaged in mortal combat, must really and in good faith have endeavored to decline any further struggle before the homicide was committed. However, the bare fear of such acts is not sufficient unless the circumstances are sufficient to create such a fear in a reasonable person and the defendant acted under the influence of such fears alone.
- When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed, or in lawfully suppressing any riot, or in lawfully keeping and preserving the peace.
The burden is on the prosecution to prove beyond a reasonable doubt that the homicide was not justifiable. If there is a reasonable doubt whether the homicide was justifiable, you must find the defendant not guilty.
The law of self‑defense does not require a defendant to wait until he or she ascertains whether the danger is apparent or real. A person confronted with great danger, or what would appear to a reasonable person as great danger, has a clear right to act upon appearances such as would influence the action of a reasonable person. Also, the defendant is not required to retreat or to do everything in his or her power to avoid the necessity of acting in self‑defense. The defendant is only expected to act as a reasonably prudent person would act under similar circumstances and surroundings. State v. McGreevey
Jury Instruction 1517 Self-Defense
A homicide or battery is justifiable if the defendant was acting in self defense or defense of another.
In order to find that the defendant acted in self defense or defense of another, all of the following conditions must be found to have been in existence at the time of the killing or striking:
In deciding upon the reasonableness of the defendant's beliefs, you should determine what an ordinary and reasonable person might have concluded from all the facts and circumstances which the evidence shows existed at that time, and not with the benefit of hindsight.
The danger must have been present and imminent, or must have so appeared to a reasonable person under the circumstances. A bare fear of death or great bodily injury or bodily injury is not sufficient to justify a homicide or battery. The defendant must have acted under the influence of fears that only a reasonable person would have had in a similar position.
The burden is on the prosecution to prove beyond a reasonable doubt that the homicide or battery was not justifiable. If there is a reasonable doubt whether the homicide or battery was justifiable, you must find the defendant not guilty.
In order to find that the defendant acted in self defense or defense of another, all of the following conditions must be found to have been in existence at the time of the killing or striking:
- The defendant must have believed that the defendant or another person was in imminent danger of death or great bodily harm or bodily harm.
- In addition to that belief, the defendant must have believed that the action the defendant took was necessary to save the defendant or another person from the danger presented.
- The circumstances must have been such that a reasonable person, under similar circumstances, would have believed that the defendant or another person was in imminent danger of death or great bodily injury or bodily injury and believed that the action taken was necessary.
- The defendant must have acted only in response to that danger and not for some other motivation.
- When there is no longer any reasonable appearance of danger, the right of self defense or defense of another ends.
In deciding upon the reasonableness of the defendant's beliefs, you should determine what an ordinary and reasonable person might have concluded from all the facts and circumstances which the evidence shows existed at that time, and not with the benefit of hindsight.
The danger must have been present and imminent, or must have so appeared to a reasonable person under the circumstances. A bare fear of death or great bodily injury or bodily injury is not sufficient to justify a homicide or battery. The defendant must have acted under the influence of fears that only a reasonable person would have had in a similar position.
The burden is on the prosecution to prove beyond a reasonable doubt that the homicide or battery was not justifiable. If there is a reasonable doubt whether the homicide or battery was justifiable, you must find the defendant not guilty.
Jury Instruction 1519 No Duty to Retreat
In the exercise of the right of self‑defense or defense of another, one need not retreat. One may stand one's ground and defend oneself or the other 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; and a person may pursue the attacker until the person or the other person has been secured from danger if that course likewise appears reasonably necessary. This law applies even though the person being attacked or defended might more easily have gained safety by flight or by withdrawing from the scene. State v. McGreevey, State v. Dunlap
Jury Instruction Reasonable Force
Persons 1518
The kind and degree of force which a person may lawfully use in self‑defense or defense of another are limited by what a reasonable person in the same situation as such person, seeing what that person sees and knowing what the person knows, then would believe to be necessary. Any use of force beyond that is regarded by the law as excessive. Although a person may believe that the person is acting, and may act, in self‑defense or defense of another, the person is not justified in using a degree of force clearly in excess of that apparently and reasonably necessary under the existing facts and circumstances. State v. Scroggins
Property 1522
When conditions are present which under the law justify a person in using force in defense of another, the person, the person's family or property in the person's lawful possession, that person 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 defendant then saw and knew. Any use of force beyond that limit is unjustified. State v. Mathewson
The kind and degree of force which a person may lawfully use in self‑defense or defense of another are limited by what a reasonable person in the same situation as such person, seeing what that person sees and knowing what the person knows, then would believe to be necessary. Any use of force beyond that is regarded by the law as excessive. Although a person may believe that the person is acting, and may act, in self‑defense or defense of another, the person is not justified in using a degree of force clearly in excess of that apparently and reasonably necessary under the existing facts and circumstances. State v. Scroggins
Property 1522
When conditions are present which under the law justify a person in using force in defense of another, the person, the person's family or property in the person's lawful possession, that person 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 defendant then saw and knew. Any use of force beyond that limit is unjustified. State v. Mathewson
Misc.
Every person having upon him any deadly weapon with intent to assault another is guilty of a misdemeanor. 18-3301
Brandishing
Brandishing is defined as drawing or exhibiting a weapon, not in necessary self-defense, in the presence of two or more persons, in a rude, angry and threatening manner (18-3303). It is also illegal to intentionally, without malice, point or aim any firearm at or toward any other person. 18-3304
Any person who shall discharge, without injury to any person, any firearm, while intentionally, without malice, aimed at or toward any person, shall be guilty of a misdemeanor. 18-3305
Any person who shall maim or injure any other person by the discharge of any firearm pointed or aimed, intentionally but without malice, at any such person, shall be guilty of a misdemeanor. If death is caused, the crime is manslaughter. 18-3306
Any person who handles, uses or operates any firearm in a careless, reckless or negligent manner, or without due caution and circumspection, whereby the same is fired or discharged and maims, wounds or injures any other person or persons, is guilty of a misdemeanor. 18-3312
Brandishing
Brandishing is defined as drawing or exhibiting a weapon, not in necessary self-defense, in the presence of two or more persons, in a rude, angry and threatening manner (18-3303). It is also illegal to intentionally, without malice, point or aim any firearm at or toward any other person. 18-3304
Any person who shall discharge, without injury to any person, any firearm, while intentionally, without malice, aimed at or toward any person, shall be guilty of a misdemeanor. 18-3305
Any person who shall maim or injure any other person by the discharge of any firearm pointed or aimed, intentionally but without malice, at any such person, shall be guilty of a misdemeanor. If death is caused, the crime is manslaughter. 18-3306
Any person who handles, uses or operates any firearm in a careless, reckless or negligent manner, or without due caution and circumspection, whereby the same is fired or discharged and maims, wounds or injures any other person or persons, is guilty of a misdemeanor. 18-3312