Title 18 — CRIMES AND PUNISHMENTS

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 …

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 war…

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 …

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 t…

18-501. SHORT TITLE. This act shall be known and may be cited as the "Pain-Capable Unborn Child Protection Act."

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 …

18-503. legislative findings. The legislature makes the following findings: (1) Pain receptors (nociceptors) are present throughout the unborn child’s entire body by no later than sixteen (16) weeks after fertilization and nerves link these receptors to the brain’s thalamus and s…

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 postfe…

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 ph…

18-506. reporting. (1) Any physician who performs or induces or attempts to perform or induce an abortion shall report to the department of health and welfare, on a schedule and in accordance with forms and rules adopted and promulgated by the department: (a) If a determination o…

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 perform…

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 aborti…

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 p…

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 surroundi…

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 f…

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 consequenc…

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 supervi…

18-604. 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 unborn ch…

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 …

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, induces or knowingly aids in the production or performance of an abortion; and …

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…

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 a…

18-608A. Persons authorized to perform abortions. It is unlawful for any person other than a physician to cause or perform an abortion.

18-609. Physicians and hospitals not to incur civil liability — Consent to abortion — Notice. (1) Any physician may perform an abortion not prohibited by this act and any hospital or other facility described in section 18-608, Idaho Code, may provide facilities for such procedure…

18-609A. Consent required for abortions for minors. (1) Except as otherwise provided in this section, a person shall not knowingly perform an abortion on a pregnant unemancipated minor unless the attending physician has secured the written consent from one (1) of the minor’s pare…

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 file…

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 p…

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,…

18-611. FREEDOM OF CONSCIENCE FOR HEALTH CARE PROFESSIONALS. (1) As used in this section: (a) "Abortifacient" means any drug that causes an abortion as defined in section 18-604, Idaho Code, emergency contraception or any drug the primary purpose of which is to cause the destruct…

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…

18-613. Partial-birth abortions prohibited. (1) Prohibited acts. Any physician who knowingly performs a partial-birth abortion and thereby kills a human fetus shall be subject to the penalties imposed in section 18-605, Idaho Code. This section shall not apply to partial-birth ab…

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 physicia…

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: …

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 …

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…

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 p…

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 t…

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.

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 remai…

18-622. defense of life act. (1) Except as provided in subsection (2) of this section, every person who performs or attempts to perform an abortion as defined in this chapter commits the crime of criminal abortion. Criminal abortion shall be a felony punishable by a sentence of i…

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 m…

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 j…

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 disposs…

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.

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 pres…

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.

18-708. Recapture of goods from legal custody. Every person who wilfully injures or destroys, or takes, or attempts to take, or assists any person in taking or attempting to take, from the custody of any officer or person, any personal property which such officer or person has in…

18-709. Maliciously procuring warrant. Every person who, maliciously and without probable cause, procures a search warrant or warrant of arrest to be issued and executed, is guilty of a misdemeanor.

18-711. Unlawful exercise of functions of peace officers — Unlawful importation of police officers — Suppression of violence — Exceptions. 1. Any person who shall in this state unlawfully exercise or attempt to exercise the functions of, or hold himself out to any one as, a deput…

18-712. Civil liability for importing police officers or armed men. Any person, officer, company, association or corporation who shall knowingly bring, or cause to be brought, or aid in bringing, into this state any armed or unarmed police force, detective agency or force, or arm…