Idaho Code
Idaho Code § 18-912 (2026)
Battery with the intent to commit a serious felony — Punishment.
✓ current as of May 2026
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Battery with the intent to commit a serious felony — Punishment.
A battery with the intent to commit a serious felony is punishable by imprisonment in the state prison not to exceed twenty (20) years.
Notes of Decisions
Cited in 15
cases (2 in the last 5 years), 1963–2022 · leading case: State v. McKeehan, 430 P.2d 886 (Idaho 1967).
State v. McKeehan, 430 P.2d 886 (Idaho 1967). “Upon this evidence the jury returned a verdict of guilty to the crime of aggravated battery, I.C. § 18-912, and the trial court sentenced appellant to a maximum indeterminate term of two years in the penitentiary- Appellant has asserted eleven assignments of error in support of…”
State v. Adams, 577 P.2d 1123 (Idaho 1978). “The defendant pleaded guilty to an information charging aggravated battery in violation of I.C. § 18-912. He requested an extended probation conditioned on his continued participation in therapy programs at the mental health center and Parents Anonymous and on his strict…”
State v. Storey, 712 P.2d 694 (Idaho Ct. App. 1985). “Storey filed notice of appeal, but also moved for reconsideration of the sentences under I.”
State v. Clark, 772 P.2d 263 (Idaho Ct. App. 1989). “When the McKeehan case was decided, the aggravated battery statute, codified at I.C. § 18-912, referred to “grievous bodily harm.”
State v. Blacksten, 387 P.2d 467 (Idaho 1963). “By information of the prosecuting attorney, defendant was charged with aggravated assault and aggravated battery, under the provisions of I.C. § 18-912. By the terms of this statute, aggravated assault 'and aggravated battery are defined as follows : “An assault or battery…”
State v. Domingo Jesus Diaz, 349 P.3d 1220 (Idaho Ct. App. 2015). “§ 18-910, and battery with intent to commit rape is punishable by up to twenty years imprisonment, I.C. § 18-912. Diaz acknowledges that his sentences for these *638 crimes are within the statutory limits, requiring him to show that his sentences are clear abuses of discretion.”
State v. Campbell, 509 P.3d 1161 (Idaho 2022). “Idaho Code section 18-912 permits a sentence of up to twenty years for battery with intent to commit a serious felony.”
United States v. Walter Dale Broncheau, 597 F.2d 1260 (9th Cir. 1979). “Idaho Code § 18-912 (1978 Supp.) 5 . As discussed in note 4 supra, the disparity arises because of the decision in United States v.”
State v. Bolton, 810 P.2d 1132 (Idaho Ct. App. 1991). “I.C. § 18-912. A sentence within the statutory limit will not be disturbed on appeal absent a showing that the sentencing court abused its discretion.”
State v. Seamons, 892 P.2d 484 (Idaho Ct. App. 1995). “§ 18-6101 and § 18-306, and battery with intent to commit a serious felony (rape), I.C. § 18-912 and § 18-903. These charges resulted from an alleged attack on a Blaine County woman.”
Volker v. State, 695 P.2d 809 (Idaho Ct. App. 1985). “Because the maximum penalty for battery with intent to commit robbery is fifteen years, I.C. § 18-912, and the maximum penalty for robbery is life imprisonment, I.”
State v. Acha, 838 P.2d 873 (Idaho Ct. App. 1992). “§§ 18-1401, -1402 and -1404, and battery with the intent to commit rape, I.C. § 18-912. The district court sentenced Acha to a sentence of five years with two years’ fixed for first degree burglary, to be served concurrently with an identical sentence previously imposed in a…”
— Idaho Code § 18-912(2) — 2 cases
State v. Benjamin Zimbalist Pittman (Idaho Ct. App. 2017).
State v. Long (Idaho Ct. App. 2019).
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