Idaho Code
Idaho Code

Idaho Code § 18-907 (2026)

Aggravated battery defined. 

✓ current as of May 2026
Find cases: SyfertCases citing this section IClegislature.idaho.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Aggravated battery defined. 

(1) A person commits aggravated battery who, in committing battery:

(a)  Causes great bodily harm, permanent disability or permanent disfigurement; or
(b)  Uses a deadly weapon or instrument; or
(c)  Uses any vitriol, corrosive acid, or a caustic chemical of any nature; or
(d)  Uses any poison or other noxious or destructive substance or liquid; or
(e)  Upon the person of a pregnant female, causes great bodily harm, permanent disability or permanent disfigurement to an embryo or fetus.
(2)  For purposes of this section the terms "embryo" or "fetus" shall mean any human in utero.
(3)  There shall be no prosecution under subsection (1)(e) of this section:
(a)  Of any person for conduct relating to an abortion for which the consent of the pregnant female, or person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law.
(b)  Of any person for any medical treatment of the pregnant female or her embryo or fetus; or
(c)  Of any female with respect to her embryo or fetus.
(4)  Nothing in this chapter is intended to amend or nullify the provisions of chapter 6, title 18, Idaho Code.
Notes of Decisions
Cited in 96 cases (16 in the last 5 years), 1952–2026 · leading case: State v. Kerrigan
Sort: Relevance Newest Treatment
State v. Kerrigan, 141 P.3d 1054 (Idaho 2006). · cites it 12× “The forty-five year sentence was comprised of fifteen years for aggravated battery pursuant to I.C. § 18-907 (1991), plus a fifteen year enhancement (a doubling of the original sen *187 tenee) pursuant to I.”
Thumm v. State, 447 P.3d 853 (Idaho 2019). · cites it 4× “The State charged Thumm with aggravated battery under Idaho Code section 18-907 and with being a persistent violator under Idaho Code section 19-2514.”
State v. Sherrod, 951 P.2d 1283 (Idaho Ct. App. 1998). · cites it 8× “Sherrod appeals from a judgment of conviction for aggravated battery, I.C. § 18-907. He argues that the district court gave an erroneous jury instruction which allowed the jury to find Sherrod guilty of a crime with which he was not charged.”
State v. Cates, 785 P.2d 654 (Idaho Ct. App. 1989). · cites it 20× “On appeal, Cates raises the following issues. He contends the evidence was insufficient to support the jury's verdict finding him guilty of aggravated battery and guilty of using a firearm in the commission of the battery.”
State v. Thompson, 614 P.2d 970 (Idaho 1980). · cites it 4× “The penalty prescribed for the offense of `assault with intent to commit rape' is imprisonment for a term of one to fourteen years, I.C. § 18-907; and for the offense of `attempt to commit rape' is one-half of the punishment for the crime of rape, which by statute is fixed at…”
State v. Hall, 397 P.2d 261 (Idaho 1964). · cites it 8× “He asserts that they are two different offenses, each with different elements; also that if it be determined that the offense of "attempt to commit rape" is an offense included within "assault with intent to commit rape", a greater punishment can be imposed for the commission of…”
State v. Hernandez, 818 P.2d 768 (Idaho Ct. App. 1991). · cites it 8× “, the battery "causes great bodily harm, permanent disability or permanent disfigurement." 3 . In cases where use of a firearm or deadly weapon is not an essential element of the crime charged, we read I.”
State v. Lopez, 114 P.3d 133 (Idaho Ct. App. 2005). · cites it 2× “A jury found Lopez guilty of aggravated battery, I.C. § 18-907, and use of a firearm during the commission of a crime, I.”
State v. Carlson, 3 P.3d 67 (Idaho Ct. App. 2000). · cites it 4× “I.C. § 18-907. There is nothing in the language of the aggravated battery statute to indicate that the legislature intended to impose a specific intent requirement on this elevated form of simple battery.”
State v. Marek, 736 P.2d 1314 (Idaho 1987). · cites it 4× “In addition to the offenses of burglary and incest, any other of the above offenses which are not defined and punished by Federal law in force within the exclusive jurisdiction of the United States shall be defined and punished in accordance with the laws of the State in which…”
State v. Drapeau, 551 P.2d 972 (Idaho 1976). · cites it 2× “§ 18-4501); COUNT 2, assault with the intent to commit the infamous crime against nature (I.C. § 18-907); COUNT 3, attempt to commit the infamous crime against nature (I.”
State v. Todd W. Carver, 314 P.3d 171 (Idaho 2013). · cites it 4× “” I.C. § 18-907(l)(a). Therefore, Defendant contends that the jury should have been instructed that to find him guilty, the jury must find that he intended to cause great bodily harm when he committed a battery upon the child.”
Show all 96 citing cases →
— Idaho Code § 18-907(1)(A) — 1 case
State v. Adan Rodriguez Cisneros (Idaho Ct. App. 2013).
— Idaho Code § 18-907(1)(a) — 3 cases
State v. Ayarzagoitia (Idaho Ct. App. 2018).
State v. Juarez, 494 P.3d 822 (Idaho Ct. App. 2021).
State v. Ayarzagoitia (Idaho Ct. App. 2023).
— Idaho Code § 18-907(1)(b) — 2 cases
Christopher Taylor v. State (Idaho Ct. App. 2016).
State v. Jeremy Joseph Brown (Idaho Ct. App. 2014).
— Idaho Code § 18-907(a) — 6 cases
State v. Sherrod, 951 P.2d 1283 (Idaho Ct. App. 1998). “Sherrod appeals from a judgment of conviction for aggravated battery, I.C. § 18-907. He argues that the district court gave an erroneous jury instruction which allowed the jury to find Sherrod guilty of a crime with which he was not charged.”
State v. Hernandez, 818 P.2d 768 (Idaho Ct. App. 1991). “, the battery "causes great bodily harm, permanent disability or permanent disfigurement." 3 . In cases where use of a firearm or deadly weapon is not an essential element of the crime charged, we read I.”
State v. Kerrigan, 849 P.2d 969 (Idaho Ct. App. 1993).
State v. Warren, 843 P.2d 170 (Idaho Ct. App. 1992).
State v. Brisbo (Idaho Ct. App. 2019).
— Idaho Code § 18-907(b) — 8 cases
State v. Hernandez, 818 P.2d 768 (Idaho Ct. App. 1991). “, the battery "causes great bodily harm, permanent disability or permanent disfigurement." 3 . In cases where use of a firearm or deadly weapon is not an essential element of the crime charged, we read I.”
State v. Sherrod, 951 P.2d 1283 (Idaho Ct. App. 1998). “Sherrod appeals from a judgment of conviction for aggravated battery, I.C. § 18-907. He argues that the district court gave an erroneous jury instruction which allowed the jury to find Sherrod guilty of a crime with which he was not charged.”
State v. Jones, 704 P.2d 363 (Idaho Ct. App. 1985).
State v. Cudd, 51 P.3d 439 (Idaho Ct. App. 2002).
State v. Matthews, 798 P.2d 941 (Idaho Ct. App. 1990).
— Idaho Code § 18-907(l)(a) — 1 case
State v. Todd W. Carver, 314 P.3d 171 (Idaho 2013). “” I.C. § 18-907(l)(a). Therefore, Defendant contends that the jury should have been instructed that to find him guilty, the jury must find that he intended to cause great bodily harm when he committed a battery upon the child.”
— Idaho Code § 18-907(l)(b) — 1 case
State v. Mitchell, 195 P.3d 737 (Idaho Ct. App. 2008).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.