Idaho Code

Idaho Code § 18-904 (2026)

Battery — Punishment. 

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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Battery — Punishment. 

Battery is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not to exceed six (6) months, or both unless the victim is pregnant and this fact is known to the batterer, in which case the punishment is by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not to exceed one (1) year, or both.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1986–2026 · leading case: State v. Cootz, 718 P.2d 1245 (Idaho Ct. App. 1986).
State v. Cootz, 718 P.2d 1245 (Idaho Ct. App. 1986). · cites it 2× “…simple battery — is only a misdemeanor punishable by a fine or by a jail sentence not to exceed six months, or both. I.C. § 18-904.”
State v. Johnson, 964 P.2d 675 (Idaho Ct. App. 1998). · cites it 4× “Johnson was charged with battery on a police officer, I.C. §§ 18-904, -915, and pledguilty. The state requested that the magistrate order Johnson to be tested for the presence of HIV and for hepatitis B, pursuant to I.”
State v. Cesar Gabriel Castrejon, 407 P.3d 606 (Idaho Ct. App. 2017). · cites it 2× “See I.C. § 18-904. However, it is a felony to commit “a violation of the provisions of section 18-903, Idaho Code, except unlawful touching as described in section 18-903(b), Idaho Code, against the person of a former or present peace officer, sheriff or police officer” under…”
State v. Smith, 589 P.3d 998 (Idaho Ct. App. 2026). · cites it 2× “, I.C. § 18-904 (providing punishment for battery may include a fine not exceeding $1,000); I.”
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