Idaho Code
Idaho Code § 18-8804 (2026)
abortion following detection of a fetal heartbeat prohibited.
✓ current as of May 2026
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abortion following detection of a fetal heartbeat prohibited.
(1) A person may not perform an abortion on a pregnant woman when a fetal heartbeat has been detected, except in the case of a medical emergency, in the case of rape as defined in section 18-6101, Idaho Code, or in the case of incest as described in section 18-6601, Idaho Code. In the case of rape or incest:
(a) If the woman is not a minor or subject to guardianship, then, prior to the performance of the abortion, the woman has reported the act of rape or incest to a law enforcement agency and provided a copy of such report to the physician who is to perform the abortion; or
(b) If the woman is a minor or subject to guardianship, then, prior to the performance of the abortion, the woman or her parent or guardian has reported the act of rape or incest to a law enforcement agency or child protective services and a copy of such report have been provided to the physician who is to perform the abortion.
(2) Nothing in this section recognizes a right to abortion before a fetal heartbeat is detected.
Notes of Decisions
Cited in 7
cases (6 in the last 5 years), 2006–2025 · leading case: Planned Parenthood v. State of Idaho, 532 P.3d 801 (Idaho 2022).
Planned Parenthood v. State of Idaho, 532 P.3d 801 (Idaho 2022). “Before the ordered briefing was complete, the United States Court of Appeals for the Eleventh Circuit upheld a Georgia law prohibiting abortions after a detectable human heartbeat, thus “triggering” the criminal liability provisions of the Fetal Heartbeat Preborn Child…”
State v. Dickerson, 129 P.3d 1263 (Idaho Ct. App. 2006). “Therefore, we are constrained to hold that the former I.C. § 18-8804(l)(b) created an unconstitutional burden on the right to travel insofar as it imposed a registration duty upon sex offenders with pre-July 1993 convictions who moved into the state during or after July 1993…”
Planned Parenthood Great Nw. v. State, 522 P.3d 1132 (Idaho 2023). “Before the ordered briefing was complete, the United States Court of Appeals for the Eleventh Circuit upheld a Georgia law prohibiting abortions after a detectable human heartbeat, thus “triggering” the 6-Week Ban (I.”
United States v. State of Idaho, No. 1:22-cv-00329 (D. Idaho May 4, 2023). “at 1196 (noting Idaho Code § 18-622 “does not include the broader ‘medical emergency’ exception for abortions” contained in Idaho Code § 18-8804 (1)); and (3) a provider’s invocation of the affirmative defense may still be challenged at trial, after the provider has been…”
Seyb v. Members of the Idaho Bd. of Med., No. 1:24-cv-00244 (D. Idaho Mar. 31, 2025). “§ 18-8804(a)–(b). Dr. Seyb brings this action individually and on behalf of his patients alleging the defendants’ enforcement of this ban violates the due process and equal protection clauses of the Fourteenth Amendment.”
The Satanic Temple v. Labrador, 149 F.4th 1047 (9th Cir. 2025). “See Idaho Code § 18-8804 . The laws allow for the prosecution of those who receive and those who provide abortions, and civil actions for damages.”
The Satanic Temple v. Labrador, 149 F.4th 1047 (9th Cir. 2025). “See Idaho Code § 18-8804 . The laws allow for the prosecution of those who receive and those who provide abortions, and civil actions for damages.”
Idaho Code § 18-8804(1): 1 case
Planned Parenthood Great Nw. v. State, 522 P.3d 1132 (Idaho 2023). “Before the ordered briefing was complete, the United States Court of Appeals for the Eleventh Circuit upheld a Georgia law prohibiting abortions after a detectable human heartbeat, thus “triggering” the 6-Week Ban (I.”
Idaho Code § 18-8804(a): 1 case
Seyb v. Members of the Idaho Bd. of Med., No. 1:24-cv-00244 (D. Idaho Mar. 31, 2025). “§ 18-8804(a)–(b). Dr. Seyb brings this action individually and on behalf of his patients alleging the defendants’ enforcement of this ban violates the due process and equal protection clauses of the Fourteenth Amendment.”
Idaho Code § 18-8804(l)(b): 1 case
State v. Dickerson, 129 P.3d 1263 (Idaho Ct. App. 2006). “Therefore, we are constrained to hold that the former I.C. § 18-8804(l)(b) created an unconstitutional burden on the right to travel insofar as it imposed a registration duty upon sex offenders with pre-July 1993 convictions who moved into the state during or after July 1993…”
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