Idaho Code
Idaho Code

Idaho Code § 18-911 (2026)

Battery with the intent to commit a serious felony defined. 

✓ current as of May 2026
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Battery with the intent to commit a serious felony defined. 

Any battery committed with the intent to commit murder, rape, mayhem, robbery or lewd and lascivious conduct with a minor child is a battery with the intent to commit a serious felony.

Notes of Decisions
Cited in 42 cases (6 in the last 5 years), 1985–2026 · leading case: State v. Storey, 712 P.2d 694 (Idaho Ct. App. 1985).
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State v. Storey, 712 P.2d 694 (Idaho Ct. App. 1985). · cites it 12× “§ 18-6501; with battery with intent to commit murder and/or robbery, I.C. § 18-911; with use of a firearm during the commission of the battery, I.”
State v. Aman Gas, 388 P.3d 912 (Idaho Ct. App. 2016). · cites it 4× “Idaho Code § 18-911 . On appeal, Gas asserts the district court erred when it instructed the jury on the crime of battery with the intent to commit rape as an included offense of rape.”
State v. Lute, 252 P.3d 1255 (Idaho 2011). · cites it 2× “” Following his arraignment, Lute entered into a plea agreement with the State, under which Lute agreed to plead guilty and the State agreed to amend the indictment to eliminate reference to “rape”, with the resulting charge reading “Battery with the Intent to Commit a Serious…”
State v. Bush, 951 P.2d 1249 (Idaho 1997). · cites it 2× “In June 1995, Bush was originally charged with three felony counts: (I) battery with intent to commit a serious felony, I.C. § 18-911; (II) lewd conduct with a minor under sixteen, I.”
State v. Mayer, 84 P.3d 579 (Idaho Ct. App. 2004). · cites it 2× “Mayer was charged with battery with the intent to commit rape, Idaho Code § 18-911 . Mayer eventually pleaded guilty.”
State v. Bolton, 810 P.2d 1132 (Idaho Ct. App. 1991). · cites it 4× “§ 18-6101(3), the jury found Karl Bolton guilty of battery with intent to commit rape, I.C. § 18-911, and the district court imposed a unified sentence of fifteen years in the custody of the Board of Correction with a five-year minimum period of confinement.”
State v. Allen, 929 P.2d 118 (Idaho 1996). · cites it 2× “PRIOR PROCEEDINGS Allen was initially charged with battery with intent to commit rape, I.C. § 18-911; rape, I.C. § 18-6101(3); and burglary, I.”
John Doe v. State of Idaho, 290 P.3d 1277 (Idaho Ct. App. 2012). · cites it 2× “BACKGROUND In 1990, Doe was charged with battery with the intent to commit rape, Idaho Code § 18-911 , and forcible sexual penetration with a foreign object, I.”
Milton v. State, 888 P.2d 812 (Idaho Ct. App. 1995). · cites it 2× “Milton was convicted of battery with intent to commit a serious felony, I.C. § 18-911, and was sentenced to a unified term of confinement of fifteen years with seven years determinate.”
State v. Dye, 858 P.2d 789 (Idaho Ct. App. 1993). · cites it 2× “§§ 18-4501, -4502; and battery with the intent to commit a serious felony, I.C. § 18-911. The state also sought to subject Dye to an extended sentence under I.”
State v. Haggard, 809 P.2d 525 (Idaho Ct. App. 1991). · cites it 2× “§§ 18-1401, 1402, and 1404; one count of battery with intent to rape, I.C. § 18-911; two counts of petit theft, I.”
State v. Garcia, 892 P.2d 903 (Idaho Ct. App. 1995). · cites it 2× “Garcia pleaded guilty to a charge of battery with intent to commit a serious felony, I.C. § 18-911. He has appealed from the judgment of conviction entered on the guilty plea, asserting that his right to a speedy trial was violated in the proceedings before the trial court.”
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