Idaho Code
Idaho Code § 18-909 (2026)
Assault with intent to commit a serious felony defined.
✓ current as of May 2026
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Assault with intent to commit a serious felony defined.
An assault upon another with intent to commit murder, rape, mayhem, robbery, or lewd and lascivious conduct with a minor child is an assault with the intent to commit a serious felony.
Notes of Decisions
Cited in 12
cases (1 in the last 5 years), 1985–2023 · leading case: State v. Jakoski, 79 P.3d 711 (Idaho 2003).
State v. Jakoski, 79 P.3d 711 (Idaho 2003). “— An assault upon another with intent to commit murder, rape, the infamous crime against nature, mayhem, robbery, or lewd and lascivious conduct with a minor child is an assault with the intent to commit a serious felony.”
State v. Boehner, 756 P.2d 1075 (Idaho Ct. App. 1988). “See I.C. §§ 18-909, -910 and -915. As a result of this charging decision, a salient issue at trial was whether Boehner knew that the persons outside his home were law enforcement officers.”
State v. Ames, 707 P.2d 484 (Idaho Ct. App. 1985). “Following trial by jury, Roger Ames was found guilty of assault with intent to commit a serious felony, I.C. § 18-909. He appeals, raising three issues.”
Walter D. Balla v. Idaho State Bd. of Corr., Walter D. Balla v. Idaho State Bd. of Corr., 869 F.2d 461 (9th Cir. 1989). “…& 18-1508; crime against nature, Idaho Code § 18-6605 ; and assault with intent to commit any of the foregoing, Idaho Code §§ 18-909 , 18-910. Two of these five crimes — incest and assault with intent to commit a predicate offense — are punishable by not more than 10…”
State v. Pickens, 224 P.3d 1143 (Idaho Ct. App. 2010). “§ 18-6101(4), and assault with intent to commit rape, I.C. §§ 18-909, -901, and the prosecutor sought a persistent violator sentence enhancement pursuant to I.”
State v. Yeoman, 236 P.3d 1265 (Idaho 2010). “” That subsection applies to any person who: On or after July 1, 1993, is convicted of the crime, or an attempt, a solicitation, or a conspiracy to commit a crime provided for in section 18-909 (assault with attempt to *507 commit rape, infamous crime against nature, or lewd and…”
State v. David Kenneth Sankey (Idaho Ct. App. 2017). “________________________________________________ Before GUTIERREZ, Judge; MELANSON, Judge; and HUSKEY, Judge ________________________________________________ PER CURIAM David Kenneth Sankey pleaded guilty to aggravated assault, Idaho Code § 18-909 (b), 18- 905(b). The district…”
State v. Pearson (Idaho Ct. App. 2023). “§ 19-2520; and assault with intent to commit a serious felony, I.C. § 18-909 (third case). On January 30, 2020, Pearson filed a stipulation to continue the preliminary hearing from January 31 to February 21, 2020.”
State v. Jody Lee Nelson (Idaho Ct. App. 2012). “Idaho Code § 18-909 . The district court sentenced Nelson to a unified term of ten years, with four years determinate.”
State v. Dean Clay Miller, Jr. (Idaho Ct. App. 2010). “§ 18-4502; and assault with intent to commit a serious felony, I.C. § 18-909; and the state sought a sentence enhancement for use of a firearm during the commission of a felony, I.”
State v. Armando Mason (Idaho Ct. App. 2010). “§ 18-1401; aggravated assault, I.C. §§ 18-909, and 18-906; and armed robbery, I.”
State v. Michael R. Liljenquist (Idaho Ct. App. 2013). “Idaho Code §§ 18-909 , 18-910. The district court withheld judgment and placed Liljenquist on supervised probation for a period of five years.”
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