Idaho Code

Idaho Code § 18-4009 (2026)

Justifiable homicide by any person.

✓ current as of May 2026

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Justifiable homicide by any person.

(1) Homicide is justifiable when committed by any person in any of the following cases:

(a) When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person;

(b) When committed in defense of habitation, a place of business or employment, occupied vehicle, 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, place of business or employment or occupied vehicle of another for the purpose of offering violence to any person therein;

(c) When committed in the lawful defense of such person, or of a wife or husband, parent, child, master, mistress or servant of such person, when there is reasonable ground 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 in whose behalf the defense was made, if he 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; or

(d) 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.

(2) For purposes of subsection (1)(b) of this section, a person who unlawfully and by force or by stealth enters or attempts to enter a habitation, place of business or employment or occupied vehicle is presumed to be doing so with the intent to commit a felony.

(3) For purposes of this section:

(a) "Habitation" means any building, inhabitable structure or conveyance of any kind, whether the building, inhabitable structure or conveyance is temporary or permanent, mobile or immobile, including a tent, and is designed to be occupied by people lodging therein at night, and includes a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest, and includes the curtilage of any such dwelling.

(b) "Place of business or employment" means a commercial enterprise or establishment owned by a person as all or part of the person’s livelihood or is under the owner’s control or under control of an employee or agent of the owner with responsibility for protecting persons and property and shall include the interior and exterior premises of the place of business or employment.

(c) "Vehicle" means any motorized vehicle that is self-propelled and designed for use on public highways to transport people or property.

Notes of Decisions

Cited in 23 cases (7 in the last 5 years), 1953–2026 · leading case: State v. Robert Dean Hall, 387 P.3d 81 (Idaho 2016).

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State v. Robert Dean Hall, 387 P.3d 81 (Idaho 2016). · cites it 54× “The applicable portions of section 18—4009 and section 18-4010 are as follows: Idaho Code section 18-4009: Homicide is also justifiable when committed by any person in either of the following cases: 1.”

State v. Godwin, Sr., 436 P.3d 1252 (Idaho 2019). · cites it 17× “Godwin also asserts that the district court failed to properly instruct the jury on justifiable homicide under section 18-4009 of the Idaho Code. Godwin further argues that the State committed prosecutorial misconduct by impermissibly vouching for evidence and witnesses in…”

State v. Carter, 655 P.2d 434 (Idaho 1982). · cites it 12× “His contention is that the evidence clearly reveals a case of justifiable homicide. Although a person has the right to use deadly force to defend his spouse and children as well as himself from the infliction of great bodily injury, the exercise of that right must be grounded…”

State v. Bodenbach, 448 P.3d 1005 (Idaho 2019). · cites it 2× “5 The statute was amended in 2018; the subsections were renumbered but the relevant language remains unchanged.”

State v. Cook, 515 S.E.2d 127 (W. Va. 1999). · cites it 4× “09, the use of force upon or toward the person of another is justifiable to protect a third person when: (a) the actor would be justified under Section 3.”

State v. Robert Lyle Barton, Jr., 297 P.3d 252 (Idaho 2013). · cites it 4× “I.C. § 18-4009. By what power can this Court create the defense of entrapment? Even if we had the power to create the defense, I would not do so because it is based upon a fallacy regarding human nature.”

State v. Turner, 38 P.3d 1285 (Idaho Ct. App. 2001). · cites it 4× “when there is reasonable ground 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 in whose behalf the defense was made, if he was the assailant or engaged in mortal…”

State v. Rodriguez, 460 P.2d 711 (Idaho 1969). · cites it 4× “The law relevant to self-defense in a homicide case is I.C. § 18-4009. 5 Essentially this permits self-defense with a deadly weapon only where the accused has reasonable cause to believe, and does believe, he is in danger of great bodily injury or where the person being defended…”

State v. Owen, 253 P.2d 203 (Idaho 1953). · cites it 2× “16 the provisions of § 18-4009, I.C., defining justifiable homicide, and also the following: "Instruction No.”

State v. Iverson, 316 P.3d 682 (Idaho Ct. App. 2014). · cites it 2× “Additional self-defense provisions applicable only to homicide charges are found in Idaho Code § 18-4009 . . We are not asked in this appeal to determine whether the model jury instruction accurately states Idaho law on self-defense.”

State v. Arrasmith, 966 P.2d 33 (Idaho Ct. App. 1998). · cites it 2× “” The district court did give the jury the traditional self-defense instruction based on I.C. § 18-4009, which addresses defense of others but does not recite the language of I.”

State of Idaho v. Lon T. Horiuchi, 253 F.3d 359 (9th Cir. 2001). “’' Idaho Code § 18-4009 (4). Thus, if Horiuchi is unable to convince the district court that he is entitled to immunity, he may nonetheless escape criminal liability if a jury believes that the shooting was justified as a matter of state law.”

Show all 23 citing cases →

— Idaho Code § 18-4009(1) — 5 cases

State v. Godwin, Sr., 436 P.3d 1252 (Idaho 2019). “Godwin also asserts that the district court failed to properly instruct the jury on justifiable homicide under section 18-4009 of the Idaho Code. Godwin further argues that the State committed prosecutorial misconduct by impermissibly vouching for evidence and witnesses in…”

State v. Robert Dean Hall, 387 P.3d 81 (Idaho 2016). “The applicable portions of section 18—4009 and section 18-4010 are as follows: Idaho Code section 18-4009: Homicide is also justifiable when committed by any person in either of the following cases: 1.”

State v. Robert Dean Hall (Idaho 2016).

State v. Robert Dean Hall (Idaho Ct. App. 2015).

Garcia v. State (Idaho Ct. App. 2025).

— Idaho Code § 18-4009(1)(c) — 2 cases

State v. Bodenbach, 448 P.3d 1005 (Idaho 2019). “5 The statute was amended in 2018; the subsections were renumbered but the relevant language remains unchanged.”

State v. McDermott, 505 P.3d 678 (Idaho 2022).

— Idaho Code § 18-4009(3) — 5 cases

State v. Turner, 38 P.3d 1285 (Idaho Ct. App. 2001). “when there is reasonable ground 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 in whose behalf the defense was made, if he was the assailant or engaged in mortal…”

State v. Lassiter, 532 P.3d 418 (Idaho Ct. App. 2023).

Garcia v. State (Idaho Ct. App. 2025).

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