Idaho Code

Idaho Code § 18-614 (2026)

Defenses to prosecution.

✓ current as of May 2026

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Defenses to prosecution.

(1) No physician shall be subject to criminal or administrative liability for causing or performing an abortion upon a minor in violation of subsection (1) of section 18-609A, Idaho Code, if prior to causing or performing the abortion the physician obtains either positive identification or other documentary evidence from which a reasonable person would have concluded that the woman seeking the abortion was either an emancipated minor or was not then a minor and if the physician retained, at the time of receiving the evidence, a legible photocopy of such evidence in the physician’s office file for the woman.

(2) For purposes of this section, "positive identification" means a lawfully issued state, district, territorial, possession, provincial, national or other equivalent government driver’s license, identification card or military card, bearing the person’s photograph and date of birth, the person’s valid passport or a certified copy of the person’s birth certificate.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2004–2023 · leading case: Planned Parenthood of Idaho, Inc. v. Wasden, 376 F.3d 908 (9th Cir. 2004).

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Planned Parenthood of Idaho, Inc. v. Wasden, 376 F.3d 908 (9th Cir. 2004). “Idaho Code § 18-614 (2002) Defenses to prosecution.”

Planned Parenthood Great Nw. v. State (Idaho 2023). · cites it 4× “Nor was there any attempt after Roe to put those same criminal laws against abortion, reenacted as trigger laws (I.C. §§ 18-614, -615 (1979)), to a referendum prior to their repeal in 1990.”

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