Idaho Code

Idaho Code § 18-6502 (2026)

Fear which constitutes robbery. 

✓ current as of May 2026
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Fear which constitutes robbery. 

The fear which constitutes robbery may be either:

1.  The fear of an unlawful injury to the person or property of the person robbed, or of any relative of his, or member of his family; or,
2.  The fear of an immediate and unlawful injury to the person or property of any one in the company of the person robbed at the time of the robbery.
Notes of Decisions
Cited in 8 cases, 1968–2018 · leading case: State v. Pierce, 685 P.2d 837 (Idaho Ct. App. 1984).
State v. Pierce, 685 P.2d 837 (Idaho Ct. App. 1984). · cites it 4× “See I.C. § 18-6502 (fear which constitutes robbery).”
State v. Knee, 616 P.2d 263 (Idaho 1980). · cites it 8× “The jury apparently found that such fear was sufficient to meet the requirements for robbery under I.C. § 18-6502. Fear and the force of fear may be created by threatening circumstances.”
State v. Knutson, 822 P.2d 998 (Idaho Ct. App. 1991). · cites it 2× “” Robbery is defined as “the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.” I.C.”
State v. Oldham, 438 P.2d 275 (Idaho 1968). · cites it 2× “” Although the trial court nowhere instructed the jury as to the statutory definition of “fear which constitutes robbery,” pursuant to I.C. § 18-6502, the combination of Instructions No.”
State v. Nickerson (Idaho Ct. App. 2018). · cites it 2× “________________________________________________ Before GRATTON, Chief Judge; GUTIERREZ, Judge; and HUSKEY, Judge ________________________________________________ PER CURIAM Kaleb Wade Nickerson pled guilty to robbery, Idaho Code §§ 18-6502 , 18-6502, 20-509. In exchange for his…”
State v. Sir Darius Crawford (Idaho Ct. App. 2010). · cites it 2× “________________________________________________ Before LANSING, Chief Judge, GUTIERREZ, Judge and MELANSON, Judge PER CURIAM Pursuant to a plea agreement, Sir Darius Crawford was convicted of robbery, Idaho Code §§ 18-6502 ; 18-6502, and several other felony charges were…”
State v. Christopher Harrison (Idaho Ct. App. 2014). · cites it 2× “In that motion, Harrison argued that his sentence was illegal on six grounds: (1) he was charged with using a firearm, but the trial evidence showed only that he displayed a firearm; (2) the charging document alleged an attempt to take property “by means of force or fear”…”
United States v. Cazares-Landin, 524 F. Supp. 2d 841 (W.D. Tex. 2007). “” Idaho Code Ann. § 18-6502 (Lexis 1994). The element of immediacy is missing from the first prong of Idaho’s definition of fear, and both prongs provide that the fear can be one of an injury to property.”
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