Idaho Code
Idaho Code

Idaho Code § 18-923 (2026)

Attempted strangulation. 

✓ current as of May 2026
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Attempted strangulation. 

(1) Any person who willfully and unlawfully chokes or attempts to strangle a household member, or a person with whom he or she has or had a dating relationship, is guilty of a felony punishable by incarceration for up to fifteen (15) years in the state prison.

(2)  No injuries are required to prove attempted strangulation.
(3)  The prosecution is not required to show that the defendant intended to kill or injure the victim. The only intent required is the intent to choke or attempt to strangle.
(4)  "Household member" assumes the same definition as set forth in section 18-918(1)(a), Idaho Code.
(5)  "Dating relationship" assumes the same definition as set forth in section 39-6303(2), Idaho Code.
(6)  Any person who pleads guilty to or is found guilty of a violation of this section shall undergo an evaluation, counseling and other treatment as provided in section 18-918(7), Idaho Code.
(7)  Notwithstanding any other provisions of this section, any person who previously has pled guilty to or been found guilty of a violation of the provisions of this section, a felony violation for domestic violence as provided in section 18-918, Idaho Code, or any substantially conforming foreign criminal felony violation, notwithstanding the form of the judgment or withheld judgment, and who, within fifteen (15) years, pleads guilty to or is found guilty of any further violation of this section shall be guilty of a felony and shall be punished by imprisonment in the state prison for a term not to exceed twenty (20) years or by a fine not to exceed ten thousand dollars ($10,000), or by both such fine and imprisonment.
(8)  The maximum penalties provided in this section shall be doubled where the act for which the person is convicted or pleads guilty took place in the presence of a child. For purposes of this section, "in the presence of a child" means in the physical presence of a child or knowing that a child is present and may see or hear an act of domestic assault or battery. For purposes of this section, "child" means a person under sixteen (16) years of age.
(9)  For the purposes of this section, a substantially conforming foreign criminal violation exists when a person has pled guilty to or been found guilty of a violation of any federal law or law of another state, or any valid county, city, or town ordinance of another state that substantially conforms with the provisions of this section. The determination of whether a foreign criminal violation is substantially conforming is a question of law to be determined by the court.
Notes of Decisions
Cited in 93 cases (22 in the last 5 years), 2007–2026 · leading case: State v. Schulz, 264 P.3d 970 (Idaho 2011).
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State v. Schulz, 264 P.3d 970 (Idaho 2011). · cites it 6× “§ 18-903 and -918(2) and attempted strangulation under I.C. § 18-923 of his 15-year-old daughter, E.”
State v. Robert Michael Williston, 358 P.3d 776 (Idaho Ct. App. 2015). · cites it 24× “Pursuant to a plea agreement, Willistón pled guilty to attempted strangulation, I.C. § 18-923, and the state dismissed the domestic battery charge.”
State v. Laramore, 179 P.3d 1084 (Idaho Ct. App. 2007). · cites it 14× “Jerry Wayne Laramore was charged with attempted strangulation in violation of Idaho Code § 18-923 . The information alleged that he committed the crime against a woman with whom Laramore was in a dating relationship.”
Thomas D. Moffat, 300 P.3d 61 (Idaho Ct. App. 2013). · cites it 6× “In July, a complaint was filed charging Moffat with attempted strangulation pursuant to I.C. § 18-923(1). On October 12, Moffat entered a guilty plea to the misdemeanor domestic battery charge.”
State v. Alvarado, 481 P.3d 737 (Idaho 2021). · cites it 2× “However, Alvarado was also convicted of being a persistent violator, which required the district court to sentence him to between five years and life in prison.”
State v. Jockumsen, 229 P.3d 1179 (Idaho Ct. App. 2010). · cites it 2× “§§ 18-4501, 18-4503, and attempted strangulation, I.C. § 18-923(1), for holding his girlfriend captive and attempting to strangle her.”
State v. Joslin, Jr, 457 P.3d 172 (Idaho Ct. App. 2019). · cites it 2× “FACTUAL AND PROCEDURAL BACKGROUND The State charged Joslin by information with rape, Idaho Code § 18-6101 , and attempted strangulation, I.C. § 18-923. 1 The State also charged Joslin with being a persistent violator, I.”
State v. Allen, 325 P.3d 673 (Idaho Ct. App. 2014). · cites it 2× “BACKGROUND Pursuant to a plea agreement, Allen pleaded guilty to attempted strangulation, a felony in violation of Idaho Code § 18-923 , following an incident with a female companion.”
State v. Hoover, 564 P.3d 371 (Idaho 2025). · cites it 4× “rson who previously has pled guilty to or been found guilty of a felony violation of the provisions of this section, attempted strangulation as provided in section 18-923, Idaho Code, or any substantially conforming foreign criminal felony violation, notwithstanding the form of…”
State of Idaho v. Lucio Tinoco-Perez, 179 P.3d 363 (Idaho Ct. App. 2008). · cites it 2× “FACTS AND PROCEDURE Tinoco-Perez was charged with attempted strangulation, Idaho Code § 18-923 , and aggravated assault, I.”
State v. Cox, 490 P.3d 14 (Idaho 2021). · cites it 2× “I.C. § 18-923. Intentional destruction of a telecommunication instrument is a misdemeanor punishable by up to one year imprisonment.”
State v. Reilly, 503 P.3d 1017 (Idaho Ct. App. 2021). · cites it 2× “FACTUAL AND PROCEDURAL BACKGROUND In these consolidated appeals, Reilly pled guilty to attempted strangulation, Idaho Code § 18-923 (Docket No. 48129), and issuing an insufficient funds check, I.”
Show all 93 citing cases →
— Idaho Code § 18-923(1) — 4 cases
Thomas D. Moffat, 300 P.3d 61 (Idaho Ct. App. 2013). “In July, a complaint was filed charging Moffat with attempted strangulation pursuant to I.C. § 18-923(1). On October 12, Moffat entered a guilty plea to the misdemeanor domestic battery charge.”
State v. Jockumsen, 229 P.3d 1179 (Idaho Ct. App. 2010). “§§ 18-4501, 18-4503, and attempted strangulation, I.C. § 18-923(1), for holding his girlfriend captive and attempting to strangle her.”
State v. Sorenson (Idaho Ct. App. 2018).
State v. Curttright (Idaho Ct. App. 2018).
— Idaho Code § 18-923(2) — 2 cases
State v. Crombie (Idaho Ct. App. 2025).
State v. Crombie (Idaho Ct. App. 2025).
— Idaho Code § 18-923(3) — 1 case
State v. Robert Michael Williston, 358 P.3d 776 (Idaho Ct. App. 2015). “Pursuant to a plea agreement, Willistón pled guilty to attempted strangulation, I.C. § 18-923, and the state dismissed the domestic battery charge.”
— Idaho Code § 18-923(5) — 1 case
State v. Laramore, 179 P.3d 1084 (Idaho Ct. App. 2007). “Jerry Wayne Laramore was charged with attempted strangulation in violation of Idaho Code § 18-923 . The information alleged that he committed the crime against a woman with whom Laramore was in a dating relationship.”
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