Idaho Code

Idaho Code § 18-915 (2026)

Assault or battery upon certain personnel — Punishment.

✓ current as of May 2026

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Assault or battery upon certain personnel — Punishment.

(1) Any person who commits a crime provided for in this chapter against or upon a justice, judge, magistrate, prosecuting attorney, public defender, peace officer, bailiff, marshal, sheriff, police officer, peace officer standards and training employee involved in peace officer decertification activities, emergency services dispatcher, correctional officer, employee of the department of correction, employee of a private prison contractor while employed at a private correctional facility in the state of Idaho, members or employees of the commission of pardons and parole, employees of the department of water resources authorized to enforce the provisions of chapter 38, title 42, Idaho Code, employees of the department of parks and recreation authorized to enforce the provisions of chapter 42, title 67, Idaho Code, employees of a public utility as described in section 61-129, Idaho Code, including any employee of a consumer-owned utility, jailer, parole officer, misdemeanor probation officer, officer of the Idaho state police, fireman, social caseworkers or social work specialists of the department of health and welfare, employee of a state secure confinement facility for juveniles, employee of a juvenile detention facility, a teacher at a detention facility or a juvenile probation officer, emergency medical services personnel licensed under the provisions of chapter 9, title 46, Idaho Code, a member, employee or agent of the state tax commission, United States marshal, or federally commissioned law enforcement officer or their deputies or agents, and the perpetrator knows or has reason to know of the victim’s status, the punishment shall be as follows:

(a) For committing battery with intent to commit a serious felony, the punishment shall be imprisonment in the state prison not to exceed twenty-five (25) years.

(b) For committing any other crime in this chapter, the punishment shall be doubled that provided in the respective section, except as provided in subsections (2) and (3) of this section.

(2) For committing a violation of the provisions of section 18-901 or 18-903, Idaho Code, against the person of a former or present justice, judge or magistrate, jailer or correctional officer or other staff of the department of correction, or of a county jail, or of a private correctional facility, or of an employee of a state secure confinement facility for juveniles, an employee of a juvenile detention facility, a teacher at a detention facility, misdemeanor probation officer, a juvenile probation officer, or member or employee of the commission of pardons and parole:

(a) Because of the exercise of official duties or because of the victim’s former or present official status; or

(b) While the victim is engaged in the performance of his duties and the person committing the offense knows or reasonably should know that such victim is a justice, judge or magistrate, jailer or correctional officer or other staff of the department of correction, or of a private correctional facility, an employee of a state secure confinement facility for juveniles, an employee of a juvenile detention facility, a teacher at a detention facility, misdemeanor probation officer or a juvenile probation officer;

the offense shall be a felony punishable by imprisonment in a correctional facility for a period of not more than five (5) years, and said sentence shall be served consecutively to any sentence being currently served.

(3) For committing 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:

(a) Because of the exercise of official duty or because of the victim’s former or present official status; or

(b) While the victim is engaged in the performance of his duties and the person committing the offense knows or reasonably should know that such victim is a peace officer, sheriff or police officer;

Notes of Decisions

Cited in 106 cases (30 in the last 5 years), 1987–2026 · leading case: State v. Page, 16 P.3d 890 (Idaho 2000).

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State v. Page, 16 P.3d 890 (Idaho 2000). · cites it 26× “The district court applied the sentencing provisions of I.C. § 18-915. Page filed a motion for a new trial which the district court denied.”

State v. Kerrigan, 141 P.3d 1054 (Idaho 2006). · cites it 20× “§ 18-907 (1991), plus a fifteen year enhancement (a doubling of the original sen *187 tenee) pursuant to I.C. § 18-915 (1991) because the battery was upon a law enforcement officer, plus an additional fifteen year enhancement pursuant to I.”

State v. Thomas John Kralovec, 388 P.3d 583 (Idaho 2017). · cites it 4× “I.C. §§ 18-915(2) and 18-903. We affirm. I.”

Anderson v. City of Pocatello, 731 P.2d 171 (Idaho 1987). · cites it 8× “As correctly noted by the majority, Anderson was charged "for aggravated assault upon police officers in violation of Idaho Code § 18-915 ." Ante at 174, Anderson was ultimately found guilty of the lesser included offense of intentionally aiming a firearm at others, I.”

State v. Clements, 218 P.3d 1143 (Idaho 2009). · cites it 4× “The defendant's sentence was comprised of fifteen years for the aggravated battery, plus a fifteen year enhancement under I.C. § 18-915 (1991) because the battery was upon a law enforcement officer, plus a fifteen year firearm enhancement under I.”

State v. Watts, 963 P.2d 1219 (Idaho Ct. App. 1998). · cites it 12× “An interpretation of I.C. § 18-915 as a sentence enhancement statute is supported by Idaho Criminal Jury Instruction 1212.”

State v. Herrera, 266 P.3d 499 (Idaho Ct. App. 2011). · cites it 9× “Herrera’s argument is that because Idaho Code § 18-915 refers to peace officers and bailiffs in the disjunctive, as a matter of law the two offices are mutually exclusive and a person cannot be both, either simultaneously or sequentially.”

State v. Fields, 479 P.3d 450 (Idaho Ct. App. 2020). · cites it 10× “The District Court Did Not Err in Denying Fields’s Proposed Jury Instruction Because It Was an Incorrect Statement of Law Fields’s proposed instruction sought to inform the jury that: (1) a lawful arrest must be supported by probable cause; and (2) an officer is not in the…”

State v. Kurtis Thomas Kelly, 353 P.3d 1096 (Idaho Ct. App. 2015). · cites it 12× “ty in which the officer was engaged or for which he was struck; whether the state must present evidence as to the duty in which the officer was engaged or for which he was struck; whether the elements instructions must indicate the duty in which the officer was engaged or for…”

State v. Helms, 137 P.3d 466 (Idaho Ct. App. 2006). · cites it 20× “For throwing water on the officers, Helms was charged with battery on a correctional officer, a felony under Idaho Code § 18-915 (c). The charging information also alleged that Helms was subject to a sentence enhancement of up to life imprisonment under I.”

State v. Stone, 208 P.3d 734 (Idaho Ct. App. 2009). · cites it 6× “Thus, it appears that Idaho Code section 18-915 enhances the sentence for aggravated battery but does not define a separate crime.”

State v. Lusby, 198 P.3d 735 (Idaho Ct. App. 2008). · cites it 4× “She was charged with felony battery on a law enforcement officer, Idaho Code §§ 18-915 (d), 1 -903(b), misdemeanor possession of paraphernalia, I.”

Show all 106 citing cases →

— Idaho Code § 18-915(1) — 7 cases

State v. Stone, 208 P.3d 734 (Idaho Ct. App. 2009). “Thus, it appears that Idaho Code section 18-915 enhances the sentence for aggravated battery but does not define a separate crime.”

State v. Clayborn (Idaho Ct. App. 2020).

State v. Kelly (Idaho Ct. App. 2022).

State v. Manee (Idaho Ct. App. 2025).

State v. Chad Stuart Ritchie (Idaho Ct. App. 2013).

— Idaho Code § 18-915(1)(B) — 1 case

State v. Tyrell C. Erlebach & Bruce Erlebach (Idaho Ct. App. 2017).

— Idaho Code § 18-915(1)(b) — 5 cases

State v. Cavanaugh (Idaho Ct. App. 2024).

State v. Anderson (Idaho 2023).

State v. Grove (Idaho Ct. App. 2026).

State v. Peggy Sue Neumeyer (Idaho Ct. App. 2013).

State v. James Leroy Skunkcap (Idaho 2014).

— Idaho Code § 18-915(2) — 3 cases

State v. Thomas John Kralovec, 388 P.3d 583 (Idaho 2017). “I.C. §§ 18-915(2) and 18-903. We affirm. I.”

State v. Tyler Ray Carter, 307 P.3d 187 (Idaho 2013).

State v. Hayes, 462 P.3d 1110 (Idaho 2020).

— Idaho Code § 18-915(2)(b) — 1 case

State v. Cavallero (Idaho Ct. App. 2021).

— Idaho Code § 18-915(3) — 21 cases

State v. Kurtis Thomas Kelly, 353 P.3d 1096 (Idaho Ct. App. 2015). “ty in which the officer was engaged or for which he was struck; whether the state must present evidence as to the duty in which the officer was engaged or for which he was struck; whether the elements instructions must indicate the duty in which the officer was engaged or for…”

State v. Thomas John Kralovec, 388 P.3d 583 (Idaho 2017). “I.C. §§ 18-915(2) and 18-903. We affirm. I.”

State v. Dennis James Garner, 367 P.3d 720 (Idaho Ct. App. 2016).

State v. Lusby, 198 P.3d 735 (Idaho Ct. App. 2008). “She was charged with felony battery on a law enforcement officer, Idaho Code §§ 18-915 (d), 1 -903(b), misdemeanor possession of paraphernalia, I.”

Picatti v. Miner, 449 P.3d 403 (Idaho 2019).

— Idaho Code § 18-915(3)(B)(F) — 1 case

Fields v. State (Idaho Ct. App. 2025).

— Idaho Code § 18-915(3)(b) — 8 cases

State v. Fields, 479 P.3d 450 (Idaho Ct. App. 2020). “The District Court Did Not Err in Denying Fields’s Proposed Jury Instruction Because It Was an Incorrect Statement of Law Fields’s proposed instruction sought to inform the jury that: (1) a lawful arrest must be supported by probable cause; and (2) an officer is not in the…”

State v. McGuire (Idaho 2025).

State v. Jackson (Idaho Ct. App. 2020).

State v. Nugent (Idaho Ct. App. 2024).

State v. McGuire (Idaho Ct. App. 2024).

— Idaho Code § 18-915(a) — 1 case

State v. Dimas Robert Narvaiz (Idaho Ct. App. 2015).

— Idaho Code § 18-915(b) — 2 cases

State v. Watts, 963 P.2d 1219 (Idaho Ct. App. 1998). “An interpretation of I.C. § 18-915 as a sentence enhancement statute is supported by Idaho Criminal Jury Instruction 1212.”

State v. Robison, 811 P.2d 500 (Idaho Ct. App. 1991).

— Idaho Code § 18-915(b)(3) — 1 case

State v. McGuire (Idaho 2025).

— Idaho Code § 18-915(c) — 3 cases

State v. Helms, 137 P.3d 466 (Idaho Ct. App. 2006). “For throwing water on the officers, Helms was charged with battery on a correctional officer, a felony under Idaho Code § 18-915 (c). The charging information also alleged that Helms was subject to a sentence enhancement of up to life imprisonment under I.”

State v. James Orven Sukraw (Idaho Ct. App. 2010).

State v. Smoke, 939 P.2d 582 (Idaho Ct. App. 1997).

— Idaho Code § 18-915(d) — 2 cases

State v. Herrera, 266 P.3d 499 (Idaho Ct. App. 2011). “Herrera’s argument is that because Idaho Code § 18-915 refers to peace officers and bailiffs in the disjunctive, as a matter of law the two offices are mutually exclusive and a person cannot be both, either simultaneously or sequentially.”

State v. Herrera (Idaho Ct. App. 2020).

— Idaho Code § 18-915(e) — 2 cases

State v. Smoke, 939 P.2d 582 (Idaho Ct. App. 1997).

— Idaho Code § 18-915(l)(b) — 1 case

State v. James Leroy Skunkcap, 335 P.3d 561 (Idaho 2014).

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