Idaho Code
Idaho Code § 18-8805 (2026)
penalties for violations — Effective upon a certain occurrence.
✓ current as of May 2026
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penalties for violations — Effective upon a certain occurrence.
(1) This section shall become effective thirty (30) days following the issuance of the judgment in any United States appellate court case in which the appellate court upholds a restriction or ban on abortion for a preborn child because a detectable heartbeat is present on the grounds that such restriction or ban does not violate the United States constitution.
(2) Every licensed health care professional who knowingly or recklessly performs or induces an abortion in violation of 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.
(3) The professional license of any health care professional who performs or induces an abortion or who assists in performing or inducing an abortion in violation of this chapter 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.
(4) Nothing in this section shall be construed to conflict with the effectiveness of section 18-622, Idaho Code, following the occurrence of the circumstances described in that section. In the event both this section and section 18-622, Idaho Code, are enforceable, section 18-622, Idaho Code, shall supersede this section.
Notes of Decisions
Cited in 3
cases (3 in the last 5 years), 2022–2023 · 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). “1309) and I.C. § 18-8805. This amendment meant the civil liability provision would become effective on April 22, 2022 (pursuant to an emergency clause in Senate Bill No.”
Planned Parenthood Great Nw. v. State (Idaho 2023). “1309) and I.C. § 18-8805. This amendment meant the Civil Liability Law would become immediately effective (on April 22, 2022, pursuant 11 to an emergency clause in S.”
United States v. State of Idaho (D. Idaho 2022). “See Idaho Code § 18-8805 (4). (2) 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,…”
— Idaho Code § 18-8805(1) — 1 case
Planned Parenthood v. State of Idaho, 532 P.3d 801 (Idaho 2022). “1309) and I.C. § 18-8805. This amendment meant the civil liability provision would become effective on April 22, 2022 (pursuant to an emergency clause in Senate Bill No.”
— Idaho Code § 18-8805(2) — 1 case
Planned Parenthood Great Nw. v. State (Idaho 2023). “1309) and I.C. § 18-8805. This amendment meant the Civil Liability Law would become immediately effective (on April 22, 2022, pursuant 11 to an emergency clause in S.”
— Idaho Code § 18-8805(4) — 1 case
Planned Parenthood Great Nw. v. State (Idaho 2023). “1309) and I.C. § 18-8805. This amendment meant the Civil Liability Law would become immediately effective (on April 22, 2022, pursuant 11 to an emergency clause in S.”
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