Idaho Code
Idaho Code

Idaho Code § 18-604 (2026)

Definitions. 

✓ current as of May 2026
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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 child except that, for the purposes of this chapter, abortion shall not mean:
(a)  The use of an intrauterine device or birth control pill to inhibit or prevent ovulations, fertilization, or the implantation of a fertilized ovum within the uterus;
(b)  The removal of a dead unborn child;
(c)  The removal of an ectopic or molar pregnancy; or
(d)  The treatment of a woman who is no longer pregnant.
(2)  "Department" means the Idaho department of health and welfare.
(3)  "Down syndrome" means a chromosomal disorder associated either with an extra chromosome 21, in whole or in part, or an effective trisomy for chromosome 21. Down syndrome is sometimes referred to as "trisomy 21."
(4)  "Emancipated" means any minor who has been married or is in active military service.
(5)  "Fetus" and "unborn child." Each term means an individual organism of the species Homo sapiens from fertilization until live birth.
(6)  "First trimester of pregnancy" means the first thirteen (13) weeks of a pregnancy.
(7)  "Hospital" means an acute care general hospital in this state, licensed as provided in chapter 13, title 39, Idaho Code.
(8)  "Informed consent" means a voluntary and knowing decision to undergo a specific procedure or treatment. To be voluntary, the decision must be made freely after sufficient time for contemplation and without coercion by any person. To be knowing, the decision must be based on the physician’s accurate and substantially complete explanation of:
(a)  A description of any proposed treatment or procedure;
(b)  Any reasonably foreseeable complications and risks to the patient from such procedure, including those related to reproductive health; and
(c)  The manner in which such procedure and its foreseeable complications and risks compare with those of each readily available alternative to such procedure, including childbirth and adoption.
The physician must provide the information in terms that can be understood by the person making the decision, with consideration of age, level of maturity and intellectual capability.
(9)  "Medical emergency" means a condition that, on the basis of the physician’s good faith clinical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function.
(10) "Minor" means a woman under eighteen (18) years of age.
(11) "Pregnant" and "pregnancy." Each term shall mean the reproductive condition of having a developing fetus in the body and commences with fertilization.
(12) "Physician" means a person licensed to practice medicine and surgery or osteopathic medicine and surgery in this state as provided in chapter 18, title 54, Idaho Code.
(13) "Second trimester of pregnancy" means that portion of a pregnancy following the thirteenth week and preceding the point in time when the fetus becomes viable, and there is hereby created a legal presumption that the second trimester does not end before the commencement of the twenty-fifth week of pregnancy, upon which presumption any licensed physician may proceed in lawfully aborting a patient pursuant to section 18-608, Idaho Code, in which case the same shall be conclusive and unrebuttable in all civil or criminal proceedings.
(14) "Third trimester of pregnancy" means that portion of a pregnancy from and after the point in time when the fetus becomes viable.
(15) Any reference to a viable fetus shall be construed to mean a fetus potentially able to live outside the mother’s womb, albeit with artificial aid.
Notes of Decisions
Cited in 14 cases (9 in the last 5 years), 1974–2025 · leading case: Volk v. Baldazo.
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Volk v. Baldazo (Idaho 1982). · cites it 8× “" I.C. § 18-604(7). At the time of oral argument in this case, we had just recently considered State v.”
Matter of Writ of Prohibition (Idaho 1995). · cites it 6× “Idaho Code § 18-604 (6) defines the “third trimester of pregnancy” as “that portion of a pregnancy from and after the point in time when the fetus becomes viable.”
Jennie McCormack v. Mark Hiedeman (9th Cir. 2012). “Under Idaho Code § 18-606 , “[e]very woman who knowingly submits to an abortion or solicits of another, for herself, the production of an abortion, or who purposely terminates her own pregnancy otherwise than by a live birth” is subject to felony charges, unless the abortion was…”
State v. Hokenson (Idaho 1974). · cites it 2× “— (1) Except as provided in section 18-604(1) (b) of this code, criminal homicide constitutes murder when: (a) it is committed purposely or knowingly; or (b) it is committed recklessly under circumstances manifesting extreme indifference to the value of human life.”
State of Washington v. Fda (9th Cir. 2024). “FDA 23 Idaho Code §§ 18-604 , 18-608, 18-622. Given these contingencies, any marginal increase in the rate at which pregnant women require additional medical care is too attenuated to establish the requisite causal connection.”
State v. Musquiz (Idaho 1974). · cites it 2× “The defendant was charged with the crime under the provisions of I.C. § 18-604, and sentenced under the provisions of I.”
Planned Parenthood Great Nw. v. State (Idaho 2023). · cites it 17× “18-613 (1979) (providing that sections 18-604 to -611 in Title 18 would be repealed, and sections 18-613 to -615 would become effective, on the occurrence those events).”
United States v. State of Idaho (9th Cir. 2023). “Idaho Code § 18-604 . 2 Dobbs triggered section 622, after which the federal government challenged Idaho’s law, arguing that it is preempted by the Emergency Medical Treatment and Labor Act, 42 U.”
United States v. State of Idaho (D. Idaho 2022). · cites it 6× “See Idaho Code § 18-604 (1). And it should go without saying that Idaho law controls the inquiry on this point—not the medical community.”
The Satanic Temple v. Little (D. Idaho 2024). · cites it 2× “After the enactment of these statutes, The Satanic Temple (“TST”) filed the instant case arguing Defendants actions have: (1) effected a regulatory taking of the economic value of a pregnant woman’s womb in violation of the Fifth Amendment; (2) effectively made pregnant women…”
Idahoans United for Women & Families v. Labrador (Idaho 2025). · cites it 2× “This action is also distinguishable from Open Primaries because the phrase “fetus viability” is not likely to create confusion.”
Idahoans United for Women & Families v. Labrador (Idaho 2025). · cites it 2× “This action is also distinguishable from Open Primaries because the phrase “fetus viability” is not likely to create confusion.”
Show all 14 citing cases →
— Idaho Code § 18-604(1) — 3 cases
State v. Hokenson (Idaho 1974). “— (1) Except as provided in section 18-604(1) (b) of this code, criminal homicide constitutes murder when: (a) it is committed purposely or knowingly; or (b) it is committed recklessly under circumstances manifesting extreme indifference to the value of human life.”
Planned Parenthood Great Nw. v. State (Idaho 2023). “18-613 (1979) (providing that sections 18-604 to -611 in Title 18 would be repealed, and sections 18-613 to -615 would become effective, on the occurrence those events).”
United States v. State of Idaho (D. Idaho 2022). “See Idaho Code § 18-604 (1). And it should go without saying that Idaho law controls the inquiry on this point—not the medical community.”
— Idaho Code § 18-604(11) — 2 cases
Planned Parenthood Great Nw. v. State (Idaho 2023). “18-613 (1979) (providing that sections 18-604 to -611 in Title 18 would be repealed, and sections 18-613 to -615 would become effective, on the occurrence those events).”
United States v. State of Idaho (D. Idaho 2022). “See Idaho Code § 18-604 (1). And it should go without saying that Idaho law controls the inquiry on this point—not the medical community.”
— Idaho Code § 18-604(13) — 2 cases
Idahoans United for Women & Families v. Labrador (Idaho 2025). “This action is also distinguishable from Open Primaries because the phrase “fetus viability” is not likely to create confusion.”
Idahoans United for Women & Families v. Labrador (Idaho 2025). “This action is also distinguishable from Open Primaries because the phrase “fetus viability” is not likely to create confusion.”
— Idaho Code § 18-604(6) — 1 case
Matter of Writ of Prohibition (Idaho 1995). “Idaho Code § 18-604 (6) defines the “third trimester of pregnancy” as “that portion of a pregnancy from and after the point in time when the fetus becomes viable.”
— Idaho Code § 18-604(7) — 1 case
Volk v. Baldazo (Idaho 1982). “" I.C. § 18-604(7). At the time of oral argument in this case, we had just recently considered State v.”
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