Idaho Code

Idaho Code § 18-901 (2026)

Assault defined. 

✓ current as of May 2026
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Assault defined. 

An assault is:

(a)  An unlawful attempt, coupled with apparent ability, to commit a violent injury on the person of another; or
(b)  An intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.
Notes of Decisions
Cited in 276 cases (37 in the last 5 years), 1952–2026 · leading case: State v. Pratt, 873 P.2d 800 (Idaho 1993).
State v. Pratt, 873 P.2d 800 (Idaho 1993). · cites it 12× “Quigley and -4503 IV Aggravated Assault I.C. §§ 18-901 Saul E. Quigley and -905 V Aggravated Battery I.”
Melene James v. City of Boise, 376 P.3d 33 (Idaho 2016). · cites it 8× “I.C. §§ 18-901, 18-903, 18-2901.6 6 Idaho Code section 18-901 defines the crime of assault as: (a) An unlawful attempt, coupled with apparent ability, to commit a violent injury on the person of another; or (b) An intentional, unlawful threat by word or act to do violence to the…”
State v. Anderson, 530 P.3d 680 (Idaho 2023). · cites it 15× “” The State, in Part I of the Information against Anderson, alleged: PART I AGGRAVATED ASSAULT UPON A PEACE OFFICER Idaho Code §§ 18-901 (a), 905, 906, 915(1)(b), a Felony That the Defendant, SEAN LARRY ANDERSON, on or about July 18, 2020, in Idaho County, Idaho, did unlawfully…”
State v. Richard Allen Larson, 344 P.3d 910 (Idaho Ct. App. 2014). · cites it 18× “The parties sharply dispute the details of the occurrence, but Larson was charged with two counts of aggravated assault, Idaho Code §§ 18-901 ,18-905. At Larson’s trial, Adams and Bilsky testified as follows.”
State v. Alsanea, 69 P.3d 153 (Idaho Ct. App. 2003). · cites it 8× “Alsanea was charged with two counts of aggravated assault on a law enforcement officer, I.C. §§ 18-901(b), 18-905(a), 18-915; use of a firearm during the commission of a crime, I.”
State v. Dudley, 55 P.3d 881 (Idaho Ct. App. 2002). · cites it 16× “Idaho Code § 18-901 (b) requires only that the state prove an intent to make a threat.”
State v. James Leroy Skunkcap, 335 P.3d 561 (Idaho 2014). · cites it 10× “I.C. §§ 18-901 and 18-902. An assault is an aggravated assault, a felony, if it is committed in one of three ways, one of which is “[w]ith a deadly weapon or instrument without intent to kill.”
State v. Crowe, 13 P.3d 1256 (Idaho Ct. App. 2000). · cites it 16× “§ 18-901, which describes assault as: (a) an unlawful attempt, coupled with apparent ability, to commit a violent injury on the person of another; or (b) an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to…”
State v. Hudson, 927 P.2d 451 (Idaho Ct. App. 1996). · cites it 8× “§ 18-905, and simple assault, I.C. § 18-901. The district court, however, denied Hudson's request to instruct the jury on three other lesser included misdemeanor offenses: exhibition or use of a deadly weapon; aiming a firearm at others; and discharge of arms aimed at another.”
State v. Page, 16 P.3d 890 (Idaho 2000). · cites it 8× “Page was charged with aggravated assault pursuant to Idaho Code § 18-901 , I.C. § 18-905(a) and/or (b), and I.”
State v. McDougall, 749 P.2d 1025 (Idaho Ct. App. 1988). · cites it 12× “See I.C. § 18-901. [2] The crime is "aggravated" by the use of certain weapons or if committed with the means likely to produce great bodily harm.”
State v. Lenz, 651 P.2d 566 (Idaho Ct. App. 1982). · cites it 10× “William Merle Lenz appeals from a judgment of conviction for aggravated assault under I.C. §§ 18-901 and 18-905. He raises two issues: (1) Did the Information properly inform him of the crime charged? (2) Is the statute defining the crime of aggravated assault, I.”
— Idaho Code § 18-901(1) — 1 case
State v. Devon Blake Elmore (Idaho Ct. App. 2011).
— Idaho Code § 18-901(a) — 38 cases
State v. James Leroy Skunkcap, 335 P.3d 561 (Idaho 2014). “I.C. §§ 18-901 and 18-902. An assault is an aggravated assault, a felony, if it is committed in one of three ways, one of which is “[w]ith a deadly weapon or instrument without intent to kill.”
State v. Hudson, 927 P.2d 451 (Idaho Ct. App. 1996). “§ 18-905, and simple assault, I.C. § 18-901. The district court, however, denied Hudson's request to instruct the jury on three other lesser included misdemeanor offenses: exhibition or use of a deadly weapon; aiming a firearm at others; and discharge of arms aimed at another.”
State v. Richard Allen Larson, 344 P.3d 910 (Idaho Ct. App. 2014). “The parties sharply dispute the details of the occurrence, but Larson was charged with two counts of aggravated assault, Idaho Code §§ 18-901 ,18-905. At Larson’s trial, Adams and Bilsky testified as follows.”
State v. Anderson, 530 P.3d 680 (Idaho 2023). “” The State, in Part I of the Information against Anderson, alleged: PART I AGGRAVATED ASSAULT UPON A PEACE OFFICER Idaho Code §§ 18-901 (a), 905, 906, 915(1)(b), a Felony That the Defendant, SEAN LARRY ANDERSON, on or about July 18, 2020, in Idaho County, Idaho, did unlawfully…”
State v. Crowe, 13 P.3d 1256 (Idaho Ct. App. 2000). “§ 18-901, which describes assault as: (a) an unlawful attempt, coupled with apparent ability, to commit a violent injury on the person of another; or (b) an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to…”
— Idaho Code § 18-901(b) — 61 cases
State v. Alsanea, 69 P.3d 153 (Idaho Ct. App. 2003). “Alsanea was charged with two counts of aggravated assault on a law enforcement officer, I.C. §§ 18-901(b), 18-905(a), 18-915; use of a firearm during the commission of a crime, I.”
State v. Dudley, 55 P.3d 881 (Idaho Ct. App. 2002). “Idaho Code § 18-901 (b) requires only that the state prove an intent to make a threat.”
State v. Crowe, 13 P.3d 1256 (Idaho Ct. App. 2000). “§ 18-901, which describes assault as: (a) an unlawful attempt, coupled with apparent ability, to commit a violent injury on the person of another; or (b) an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to…”
State v. Anderson, 530 P.3d 680 (Idaho 2023). “” The State, in Part I of the Information against Anderson, alleged: PART I AGGRAVATED ASSAULT UPON A PEACE OFFICER Idaho Code §§ 18-901 (a), 905, 906, 915(1)(b), a Felony That the Defendant, SEAN LARRY ANDERSON, on or about July 18, 2020, in Idaho County, Idaho, did unlawfully…”
State v. Pole, 79 P.3d 729 (Idaho Ct. App. 2003).
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