Idaho Code

Idaho Code § 18-6101 (2026)

Rape defined.

✓ current as of May 2026

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Rape defined.

Rape is defined as the penetration, however slight, of the oral, anal or vaginal opening with a penis accomplished under any one (1) of the following circumstances:

(1) Where the victim is under the age of sixteen (16) years, the perpetrator is eighteen (18) years of age or older, and the victim is not lawfully married to the perpetrator.

(2) Where the victim is sixteen (16) or seventeen (17) years of age, the perpetrator is three (3) years or more older than the victim, and the victim is not lawfully married to the perpetrator.

(3) Where the victim is incapable, through any unsoundness of mind, due to any cause including, but not limited to, mental illness, mental disability or developmental disability, whether temporary or permanent, of giving legal consent.

(4) Where the victim resists but the resistance is overcome by force or violence.

(5) Where the victim is prevented from resistance by the infliction, attempted infliction, or threatened infliction of bodily harm, accompanied by apparent power of execution; or is unable to resist due to any intoxicating, narcotic, or anaesthetic substance.

(6) Where the victim is prevented from resistance due to an objectively reasonable belief that resistance would be futile or that resistance would result in force or violence beyond that necessary to accomplish the prohibited contact.

(7) Where the victim is at the time unconscious of the nature of the act. As used in this section, "unconscious of the nature of the act" means incapable of resisting because the victim meets one (1) of the following conditions:

(a) Was unconscious or asleep;

(b) Was not aware, knowing, perceiving, or cognizant that the act occurred.

(8) Where the victim submits under the belief that the person committing the act is the victim’s spouse, and the belief is induced by artifice, pretense or concealment practiced by the accused, with intent to induce such belief.

(9) Where the victim submits under the belief that the person committing the act is someone other than the accused, and the belief is induced by artifice, pretense or concealment practiced by the accused, with the intent to induce such belief.

(10) Where the victim submits under the belief, instilled by the actor, that if the victim does not submit, the actor will cause physical harm to some person in the future; or cause damage to property; or engage in other conduct constituting a crime; or accuse any person of a crime or cause criminal charges to be instituted against the victim; or expose a secret or publicize an asserted fact, whether true or false, tending to subject any person to hatred, contempt or ridicule.

The provisions of subsections (1) and (2) of this section shall not affect the age requirements in any other provision of law, unless otherwise provided in any such law. Further, for the purposes of subsection (2) of this section, in determining whether the perpetrator is three (3) years or more older than the victim, the difference in age shall be measured from the date of birth of the perpetrator to the date of birth of the victim.

Males and females are both capable of committing the crime of rape as defined in this section.

Notes of Decisions

Cited in 297 cases (35 in the last 5 years), 1965–2026 · leading case: State v. LaMere, 655 P.2d 46 (Idaho 1982).

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State v. LaMere, 655 P.2d 46 (Idaho 1982). · cites it 62× “The appellant was charged with rape under I.C. § 18-6101. The trial was held on March 5, 1979, and on March 7, 1979, the jury returned a verdict of guilty for the crime of statutory rape under I.”

State v. Joslin, 175 P.3d 764 (Idaho 2007). · cites it 52× “Did the district court err in excluding testimony of the Defendant's expert witness offered to challenge the constitutionality of Idaho Code § 18-6101 (1)? 6. Was the Defendant's trial counsel ineffective when laying the foundation for the testimony of the expert witness? 7.”

State v. Stiffler, 788 P.2d 220 (Idaho 1990). · cites it 32× “Idaho Code § 18-6101 "proscribes all sex involving underage .”

State v. Robran, 805 P.2d 491 (Idaho Ct. App. 1991). · cites it 20× “Idaho Code § 18-6101 provides, in pertinent part: Rape is an act of sexual intercourse accomplished with a female under either of the following circumstances: (3) Where she resists but her resistance is overcome by force or violence.”

State v. Russell G. Jones, 299 P.3d 219 (Idaho 2013). · cites it 18× “Idaho Code § 18-6101 was amended in 2010 and subsection (3) was redesignated as subsection (4).”

State v. Huggins, 648 P.2d 1135 (Idaho Ct. App. 1982). · cites it 32× “Prior to oral argument, the state filed a supplemental brief.”

State v. Jesse Elias, 337 P.3d 670 (Idaho 2014). · cites it 34× “” 4 Elias also argues that under the doctrine of in pari materia, the absence of language in Idaho Code section 18-6608 criminalizing penetration while the victim is sleeping, whereas such language is specifically included in Idaho Code section 18-6101, demonstrates that the…”

State v. Erik Virgil Hall, 419 P.3d 1042 (Idaho 2018). · cites it 4× “Hall was charged with rape under Idaho Code section 18-6101(3), which required the State to prove beyond a reasonable doubt that he caused his penis to penetrate, however slight, Ms.”

State v. Gomez-Alas, 477 P.3d 911 (Idaho 2020). · cites it 8× “I.C. § 18-6101. These proscribed conditions include the victim being under the age of consent, the victim lacking the mental capacity to consent, or the victim being unconscious.”

State v. Stiffler, 763 P.2d 308 (Idaho Ct. App. 1988). · cites it 20× “Neither does any subsection of the rape statute, I.C. § 18-6101, enunciate such an exception.”

State v. Young, 64 P.3d 296 (Idaho 2002). · cites it 8× “The Court held that, because the legislature chose not to include specific intent language in subsection one, regarding "statutory rape," the offense required only general intent, or a showing that the defendant intended to commit the actus reus.”

State v. Soura, 796 P.2d 109 (Idaho 1990). · cites it 20× “When this conduct came to light, Soura was charged and later convicted by a jury of rape, I.C. § 18-6101, and the infamous crime against nature, I.”

Show all 297 citing cases →

— Idaho Code § 18-6101(1) — 39 cases

State v. Stiffler, 788 P.2d 220 (Idaho 1990). “Idaho Code § 18-6101 "proscribes all sex involving underage .”

State v. LaMere, 655 P.2d 46 (Idaho 1982). “The appellant was charged with rape under I.C. § 18-6101. The trial was held on March 5, 1979, and on March 7, 1979, the jury returned a verdict of guilty for the crime of statutory rape under I.”

State v. Stiffler, 763 P.2d 308 (Idaho Ct. App. 1988). “Neither does any subsection of the rape statute, I.C. § 18-6101, enunciate such an exception.”

State v. Young, 64 P.3d 296 (Idaho 2002). “The Court held that, because the legislature chose not to include specific intent language in subsection one, regarding "statutory rape," the offense required only general intent, or a showing that the defendant intended to commit the actus reus.”

State v. Flegel, 261 P.3d 519 (Idaho 2011).

— Idaho Code § 18-6101(2) — 17 cases

State v. Doe, 52 P.3d 335 (Idaho Ct. App. 2002).

State v. William Dee Van Komen, Jr., 376 P.3d 738 (Idaho 2016).

State v. Leavitt, 525 P.3d 1150 (Idaho 2023).

State v. Granger, 508 P.3d 335 (Idaho Ct. App. 2022).

State v. Grove, 821 P.2d 1005 (Idaho Ct. App. 1991).

— Idaho Code § 18-6101(3) — 26 cases

State v. Russell G. Jones, 299 P.3d 219 (Idaho 2013). “Idaho Code § 18-6101 was amended in 2010 and subsection (3) was redesignated as subsection (4).”

State v. Erik Virgil Hall, 419 P.3d 1042 (Idaho 2018). “Hall was charged with rape under Idaho Code section 18-6101(3), which required the State to prove beyond a reasonable doubt that he caused his penis to penetrate, however slight, Ms.”

State v. Robran, 805 P.2d 491 (Idaho Ct. App. 1991). “Idaho Code § 18-6101 provides, in pertinent part: Rape is an act of sexual intercourse accomplished with a female under either of the following circumstances: (3) Where she resists but her resistance is overcome by force or violence.”

State v. Chapa, 906 P.2d 636 (Idaho Ct. App. 1995).

— Idaho Code § 18-6101(4) — 18 cases

State v. Jesse Elias, 337 P.3d 670 (Idaho 2014). “” 4 Elias also argues that under the doctrine of in pari materia, the absence of language in Idaho Code section 18-6608 criminalizing penetration while the victim is sleeping, whereas such language is specifically included in Idaho Code section 18-6101, demonstrates that the…”

State v. Chambers, 465 P.3d 1076 (Idaho 2020).

State v. Gossett, 808 P.2d 1326 (Idaho Ct. App. 1991).

State v. Pickens, 224 P.3d 1143 (Idaho Ct. App. 2010).

— Idaho Code § 18-6101(5) — 3 cases

State v. Marsalis, 264 P.3d 979 (Idaho Ct. App. 2011).

State v. Osborne, 941 P.2d 337 (Idaho Ct. App. 1997).

State v. Oberg (Idaho Ct. App. 2021).

— Idaho Code § 18-6101(6) — 2 cases

State v. Aman Gas, 388 P.3d 912 (Idaho Ct. App. 2016).

State v. Elias (Idaho Ct. App. 2013).

— Idaho Code § 18-6101(6)(a) — 2 cases

State v. Marsalis, 264 P.3d 979 (Idaho Ct. App. 2011).

State v. Aman Gas, 388 P.3d 912 (Idaho Ct. App. 2016).

— Idaho Code § 18-6101(7) — 2 cases

State v. Allen, 237 P.3d 14 (Idaho Ct. App. 2010).

State v. Oberg (Idaho Ct. App. 2021).

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