Idaho Code
Idaho Code § 18-313 (2026)
Protection of person of convict.
✓ current as of May 2026
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Protection of person of convict.
The person of a convict sentenced to imprisonment in the state prison is under the protection of the law, and any injury to his person, not authorized by law, is punishable in the same manner, as if he were not convicted or sentenced.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 1955–2023 · leading case: Shain v. Idaho State Penitentiary, 291 P.2d 870 (Idaho 1955).
Shain v. Idaho State Penitentiary, 291 P.2d 870 (Idaho 1955). “A prisoner in the state prison is entitled to protection from injury to his person, I.C. § 18-313, and no conviction works a forfeiture of his property, I.”
Neal v. Davis (D. Idaho 2023). “State Law Claims In addition to § 1983 claims, Plaintiff asserts state law claims under Idaho Code §§ 18-313 and 20-237B. Compl. at 2–5.”
Martinez v. Field (D. Idaho 2020). “Martinez asserted claims under the Eighth and Fourteenth Amendments, as well as Idaho Code § 18-313 . Id. at 15 . On February 14, 2018, the Court issued an initial review order.”
Ayarzagoitia v. Christensen (D. Idaho 2020). “The same factors exist here with respect to § 18-313. Therefore, “[i]n the absence of strong indicia of a contrary legislative intent, [the Court] .”
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