Idaho Code
Idaho Code

Idaho Code § 18-1501 (2026)

Injury to children. 

✓ current as of May 2026
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Injury to children. 

(1) Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of such child to be injured, or willfully causes or permits such child to be placed in such situation that its person or health is endangered, is punishable by imprisonment in the county jail not exceeding one (1) year, or in the state prison for not less than one (1) year nor more than ten (10) years.

(2)  Any person who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of such child to be injured, or willfully causes or permits such child to be placed in such situation that its person or health may be endangered, is guilty of a misdemeanor.
(3)  A person over the age of eighteen (18) years commits the crime of injury to a child if the person transports a minor in a motor vehicle or vessel as defined in section 67-7003, Idaho Code, while under the influence of alcohol, intoxicating liquor, a controlled substance, or any combination thereof, in violation of section 18-8004 or 67-7034, Idaho Code. Any person convicted of violating this subsection is guilty of a misdemeanor. If a child suffers bodily injury or death due to a violation of this subsection, the violation will constitute a felony punishable by imprisonment for not more than ten (10) years, unless a more severe penalty is otherwise prescribed by law.
(4)  The practice of a parent or guardian who chooses for his child treatment by prayer or spiritual means alone shall not for that reason alone be construed to have violated the duty of care to such child.
(5)  As used in this section, "willfully" means acting or failing to act where a reasonable person would know the act or failure to act is likely to result in injury or harm or is likely to endanger the person, health, safety or well-being of the child.
Notes of Decisions
Cited in 220 cases (31 in the last 5 years), 1987–2026 · leading case: State v. Young, 64 P.3d 296 (Idaho 2002).
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State v. Young, 64 P.3d 296 (Idaho 2002). · cites it 94× “In enacting I.C. § 18-1501, the legislature did not choose to include any such language clearly requiring specific intent.”
State v. Marek, 736 P.2d 1314 (Idaho 1987). · cites it 40× “My area of concern is that energetic and resourceful county prosecutors around the state might misinterpret our opinion to mean that the state may properly file a criminal action in state court against any Indian under I.C. § 18-1501 for felony injury to any child.”
Steed v. Grand Teton Council of the Boy Scouts of Am., Inc., 172 P.3d 1123 (Idaho 2007). · cites it 26× “They are: (1) lewd conduct as defined in Idaho Code § 18-1508 ; (2) sexual abuse of a child as defined in Idaho Code § 18-1506 ; (3) sexual exploitation of a child as defined in Idaho Code § 18-1507 ; and (4) injury to a child as defined in Idaho Code § 18-1501 . An action under…”
State v. Halbesleben, 75 P.3d 219 (Idaho Ct. App. 2003). · cites it 24× “The Halbeslebens were charged with felony injury to a child, Idaho Code § 18-1501 (1). The indictment alleged that they “did under circumstances likely to produce great bodily harm or death, commit an injury upon a child under eighteen years of age, to wit: Thomas Halbesleben .”
State v. Jones, 101 P.3d 699 (Idaho 2004). · cites it 10× “Pursuant to I.C. § 18-1501(1), Jones was charged by amended information with four counts of injury to a child, once for each of his children.”
State v. Ross, 507 P.3d 545 (Idaho 2022). · cites it 12× “3d 1019 (2018), and concluded that the elements necessary to find a violation of Idaho Code section 18-1501 had been met: “I can’t imagine any more significant danger than an unattended one-year-old and unattended three-year- old running across 3rd Street in the middle of the…”
State v. Shutz, 141 P.3d 1069 (Idaho 2006). · cites it 10× “Appellant Michael Shutz appeals from a jury verdict and judgment of conviction and sentence for the offense of injury to a child under Idaho Code § 18-1501 (1). I. FACTUAL AND PROCEDURAL BACKGROUND In December of 2001, Donna Kershner took her four-month old son Damian to the…”
State v. Azad Haji Abdullah, 348 P.3d 1 (Idaho 2015). · cites it 6× “I.C. § 18-1501. Therefore, this Court affirms Abdullah’s conviction for felony injury to a child.”
State v. Kraly, 423 P.3d 1019 (Idaho 2018). · cites it 26× “, thus subjecting him to the strictures of section 18-1501. Kraly, on the other hand, cites Idaho precedent in advocating that "care or custody" is to be defined by its "ordinary meaning .”
Beers v. Corp. of the President of the Church of Jesus Christ of Latter-Day Saints, 316 P.3d 92 (Idaho 2013). · cites it 12× “3d 1123 (2007), stating: In 2005, the legislature amended Idaho Code § 18-1501 to create a negligence standard of care for the conduct in that statute that must be done “willfully.”
State v. Matthew James Gonzales, 343 P.3d 1119 (Idaho Ct. App. 2015). · cites it 18× “BACKGROUND Gonzales was charged with felony injury to a child, Idaho Code § 18-1501 (1), after a two-year-old child in his care suffered injuries.”
State v. Cortez, 21 P.3d 498 (Idaho Ct. App. 2001). · cites it 8× “§ 18-1501 as follows: (1) Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any…”
Show all 220 citing cases →
— Idaho Code § 18-1501(1) — 105 cases
State v. Young, 64 P.3d 296 (Idaho 2002). “In enacting I.C. § 18-1501, the legislature did not choose to include any such language clearly requiring specific intent.”
State v. Marek, 736 P.2d 1314 (Idaho 1987). “My area of concern is that energetic and resourceful county prosecutors around the state might misinterpret our opinion to mean that the state may properly file a criminal action in state court against any Indian under I.C. § 18-1501 for felony injury to any child.”
State v. Jones, 101 P.3d 699 (Idaho 2004). “Pursuant to I.C. § 18-1501(1), Jones was charged by amended information with four counts of injury to a child, once for each of his children.”
State v. Halbesleben, 75 P.3d 219 (Idaho Ct. App. 2003). “The Halbeslebens were charged with felony injury to a child, Idaho Code § 18-1501 (1). The indictment alleged that they “did under circumstances likely to produce great bodily harm or death, commit an injury upon a child under eighteen years of age, to wit: Thomas Halbesleben .”
State v. Shutz, 141 P.3d 1069 (Idaho 2006). “Appellant Michael Shutz appeals from a jury verdict and judgment of conviction and sentence for the offense of injury to a child under Idaho Code § 18-1501 (1). I. FACTUAL AND PROCEDURAL BACKGROUND In December of 2001, Donna Kershner took her four-month old son Damian to the…”
— Idaho Code § 18-1501(2) — 19 cases
State v. Miller, 443 P.3d 129 (Idaho 2019).
State v. Young, 64 P.3d 296 (Idaho 2002). “In enacting I.C. § 18-1501, the legislature did not choose to include any such language clearly requiring specific intent.”
State v. Fodge, 824 P.2d 123 (Idaho 1992).
Beers v. Corp. of the President of the Church of Jesus Christ of Latter-Day Saints, 316 P.3d 92 (Idaho 2013). “3d 1123 (2007), stating: In 2005, the legislature amended Idaho Code § 18-1501 to create a negligence standard of care for the conduct in that statute that must be done “willfully.”
State v. Bower, 21 P.3d 491 (Idaho Ct. App. 2001).
— Idaho Code § 18-1501(3) — 6 cases
State v. Pool, 457 P.3d 890 (Idaho 2020).
State v. Bell, 533 P.3d 1247 (Idaho 2023).
State v. William Jack Bias, 341 P.3d 1264 (Idaho Ct. App. 2014).
State v. Pool (Idaho 2020).
State v. David C. Ralston, III (Idaho Ct. App. 2010).
— Idaho Code § 18-1501(5) — 8 cases
State v. Ross, 507 P.3d 545 (Idaho 2022). “3d 1019 (2018), and concluded that the elements necessary to find a violation of Idaho Code section 18-1501 had been met: “I can’t imagine any more significant danger than an unattended one-year-old and unattended three-year- old running across 3rd Street in the middle of the…”
Beers v. Corp. of the President of the Church of Jesus Christ of Latter-Day Saints, 316 P.3d 92 (Idaho 2013). “3d 1123 (2007), stating: In 2005, the legislature amended Idaho Code § 18-1501 to create a negligence standard of care for the conduct in that statute that must be done “willfully.”
State v. Matthew James Gonzales, 343 P.3d 1119 (Idaho Ct. App. 2015). “BACKGROUND Gonzales was charged with felony injury to a child, Idaho Code § 18-1501 (1), after a two-year-old child in his care suffered injuries.”
State v. Antonio Ruiz, Jr. (Idaho Ct. App. 2016).
State v. Ross (Idaho Ct. App. 2021).
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