Idaho Code

Idaho Code § 18-622 (2026)

defense of life act.

✓ current as of May 2026

Find cases: SyfertCases citing this section IClegislature.idaho.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

defense of life act.

(1) Except as provided in subsection (2) of this section, every person who performs or attempts to perform an abortion as defined in this chapter commits the crime of criminal abortion. Criminal abortion shall be a felony punishable by a sentence of imprisonment of no less than two (2) years and no more than five (5) years in prison. The professional license of any health care professional who performs or attempts to perform an abortion or who assists in performing or attempting to perform an abortion in violation of this subsection shall be suspended by the appropriate licensing board for a minimum of six (6) months upon a first offense and shall be permanently revoked upon a subsequent offense.

(2) The following shall not be considered criminal abortions for purposes of subsection (1) of this section:

(a) The abortion was performed or attempted by a physician as defined in this chapter and:

(i) The physician determined, in his good faith medical judgment and based on the facts known to the physician at the time, that the abortion was necessary to prevent the death of the pregnant woman. No abortion shall be deemed necessary to prevent the death of the pregnant woman because the physician believes that the woman may or will take action to harm herself; and

(ii) The physician performed or attempted to perform the abortion in the manner that, in his good faith medical judgment and based on the facts known to the physician at the time, provided the best opportunity for the unborn child to survive, unless, in his good faith medical judgment, termination of the pregnancy in that manner would have posed a greater risk of the death of the pregnant woman. No such greater risk shall be deemed to exist because the physician believes that the woman may or will take action to harm herself; or

(b) The abortion was performed or attempted by a physician as defined in this chapter during the first trimester of pregnancy and:

(i) If the woman is not a minor or subject to a guardianship, then, prior to the performance of the abortion, the woman has reported to a law enforcement agency that she is the victim of an act of rape or incest and provided a copy of such report to the physician who is to perform the abortion. The copy of the report shall remain a confidential part of the woman’s medical record subject to applicable privacy laws; or

(ii) If the woman is a minor or subject to a guardianship, then, prior to the performance of the abortion, the woman or her parent or guardian has reported to a law enforcement agency or child protective services that she is the victim of an act of rape or incest and a copy of such report has been provided to the physician who is to perform the abortion. The copy of the report shall remain a confidential part of the woman’s medical record subject to applicable privacy laws.

(3) If a report concerning an act of rape or incest is made to a law enforcement agency or child protective services pursuant to subsection (2)(b) of this section, then the person who made the report shall, upon request, be entitled to receive a copy of such report within seventy-two (72) hours of the report being made, provided that the report may be redacted as necessary to avoid interference with an investigation.

(4) Medical treatment provided to a pregnant woman by a health care professional as defined in this chapter that results in the accidental death of, or unintentional injury to, the unborn child shall not be a violation of this section.

(5) Nothing in this section shall be construed to subject a pregnant woman on whom any abortion is performed or attempted to any criminal conviction and penalty.

Notes of Decisions

Cited in 17 cases (17 in the last 5 years), 2022–2025 · leading case: Planned Parenthood Great Nw., Hawaii, Alaska v. Raul Labrador, 122 F.4th 825 (9th Cir. 2024).

Sort: Relevance Newest Treatment

Planned Parenthood Great Nw., Hawaii, Alaska v. Raul Labrador, 122 F.4th 825 (9th Cir. 2024). · cites it 11× “Fletcher; Partial Concurrence by Judge Miller SUMMARY * First Amendment/Abortion The panel affirmed the district court’s order preliminarily enjoining on First Amendment grounds the Idaho Attorney General from enforcing his interpretation of a provision of Idaho’s criminal…”

Planned Parenthood v. State of Idaho, 532 P.3d 801 (Idaho 2022). · cites it 24× “49615-2022, 49817-2022, and 49899-2022 for purposes of oral argument and opinion; (2) retain the consolidated cases; (3) deny Petitioners’ request to stay the enforcement of Idaho Code section 18-622 in Docket No. 49817-2022; and (4) vacate the stay of the enforcement of Senate…”

Matsumoto v. Labrador, 122 F.4th 787 (9th Cir. 2024). “, Idaho Code § 18-622 (criminalizing nearly all abortions in Idaho).”

Planned Parenthood Great Nw. v. State (Idaho 2023). · cites it 63× “But when the stabilizing treatment is an abortion, offering that care is a crime under Idaho Code § 18-622 [the Total Abortion Ban]—which bans all abortions.”

United States v. State of Idaho (D. Idaho 2022). · cites it 56× “But once Idaho Code § 18-622 goes into effect, the physician may well find herself facing the impossible task of attempting to simultaneously comply with both federal and state law.”

United States v. State of Idaho, 83 F.4th 1130 (9th Cir. 2023). · cites it 4× “” Idaho Code § 18-622 (2)(a)(i). Idaho law defines abortion as “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…”

United States v. State of Idaho (D. Idaho 2023). · cites it 19× “Idaho Code § 18-622 (2). The law, which the Idaho Supreme Court refers to as the “Total Abortion Ban,” criminalizes all abortions, without exception – offering only the “cold comfort” of two narrow affirmative defenses.”

United States v. State of Idaho (D. Idaho 2023). · cites it 10× “The United States maintains that the law violates the Supremacy Clause and is preempted to the extent it is contrary to the Emergency Medical Treatment and Labor Act (EMTALA), 42 U.S.C. § 1395dd. On August 24, 2022, the Court issued a decision granting the United States’ motion…”

Seyb v. Members of the Idaho Bd. of Med. (D. Idaho 2025). · cites it 9× “The Defense of Life Act, Idaho Code § 18-622 , which bans abortion at all stages of pregnancy and a ban on abortion beginning at approximately six-weeks of pregnancy, Idaho Code § 18 - 8801 through 18-8808.”

United States v. State of Idaho (D. Idaho 2022). · cites it 6× “Idaho Code § 18-622 (2). This law allows for affirmative defenses to prosecution where the abortion is necessary to prevent the death of a pregnant woman, or the pregnancy resulted from rape or incest that was reported to law enforcement.”

Idahoans United for Women & Families v. Labrador (Idaho 2025). · cites it 4× “I.C. § 18-622(1). Further, healthcare professionals who perform, attempt to perform or assist in performing an abortion may have their professional licenses suspended.”

Labrador (D. Idaho 2025). · cites it 4× “Luke’s sued Idaho Attorney General Raúl Labrador, claiming that Idaho Code § 18-622 is invalid to the extent it conflicts with the federal Emergency Medical Treatment and Labor Act (EMTALA), 42 U.”

Show all 17 citing cases →

— Idaho Code § 18-622(1) — 3 cases

Idahoans United for Women & Families v. Labrador (Idaho 2025). “I.C. § 18-622(1). Further, healthcare professionals who perform, attempt to perform or assist in performing an abortion may have their professional licenses suspended.”

Idahoans United for Women & Families v. Labrador (Idaho 2025).

Seyb v. Members of the Idaho Bd. of Med. (D. Idaho 2025). “The Defense of Life Act, Idaho Code § 18-622 , which bans abortion at all stages of pregnancy and a ban on abortion beginning at approximately six-weeks of pregnancy, Idaho Code § 18 - 8801 through 18-8808.”

— Idaho Code § 18-622(1)(a) — 2 cases

Planned Parenthood v. State of Idaho, 532 P.3d 801 (Idaho 2022). “49615-2022, 49817-2022, and 49899-2022 for purposes of oral argument and opinion; (2) retain the consolidated cases; (3) deny Petitioners’ request to stay the enforcement of Idaho Code section 18-622 in Docket No. 49817-2022; and (4) vacate the stay of the enforcement of Senate…”

Planned Parenthood Great Nw. v. State (Idaho 2023). “But when the stabilizing treatment is an abortion, offering that care is a crime under Idaho Code § 18-622 [the Total Abortion Ban]—which bans all abortions.”

— Idaho Code § 18-622(2) — 3 cases

United States v. State of Idaho (D. Idaho 2022). “But once Idaho Code § 18-622 goes into effect, the physician may well find herself facing the impossible task of attempting to simultaneously comply with both federal and state law.”

— Idaho Code § 18-622(2)(a)(i) — 2 cases

Idahoans United for Women & Families v. Labrador (Idaho 2025).

— Idaho Code § 18-622(2)(b) — 1 case

— Idaho Code § 18-622(3) — 1 case

— Idaho Code § 18-622(3)(a)(i) — 1 case

— Idaho Code § 18-622(3)(a)(ii) — 2 cases

United States v. State of Idaho (D. Idaho 2023). “Idaho Code § 18-622 (2). The law, which the Idaho Supreme Court refers to as the “Total Abortion Ban,” criminalizes all abortions, without exception – offering only the “cold comfort” of two narrow affirmative defenses.”

— Idaho Code § 18-622(3)(a)(iii) — 1 case

— Idaho Code § 18-622(3)(b)(ii) — 1 case

— Idaho Code § 18-622(3)(ii) — 1 case

— Idaho Code § 18-622(5) — 1 case

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.