Idaho Code
Idaho Code

Idaho Code § 19-201 (2026)

Lawful resistance. 

✓ current as of May 2026
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Lawful resistance. 

Lawful resistance to the commission of a public offense may be made:

1.  By the party about to be injured.
2.  By other parties.
Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 1986–2024 · leading case: State v. Dennis James Garner, 367 P.3d 720 (Idaho Ct. App. 2016).
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State v. Dennis James Garner, 367 P.3d 720 (Idaho Ct. App. 2016). · cites it 2× “2d 92, 97 (1937); see generally I.C. §§ 19-201, 19-202, and 19-202A. Idaho Criminal Jury Instruction (I.”
State v. Iverson, 316 P.3d 682 (Idaho Ct. App. 2014). · cites it 2× “Idaho Code § 19-201 provides that “[l]awful resistance to the commission of a public offense may be made: (1) By the party about to be injured”; and Idaho Code § 19-202 specifies that “[resistance sufficient to prevent the offense may be made by the party about to be injured:…”
State v. Kurtis Thomas Kelly, 353 P.3d 1096 (Idaho Ct. App. 2015). · cites it 2× “2d 92, 96 (1937); see generally I.C. §§ 19-201, 19-202, and 19-202A. Idaho Criminal Jury Instruction 1517 enumerates what must be proven to find that a defendant acted in self-defense: (1) the defendant must have believed that the defendant was in imminent danger of bodily harm;…”
State v. Troy Cameron Young, 335 P.3d 620 (Idaho Ct. App. 2014). · cites it 6× “Idaho Code Section 19-203, which must be read in conjunction with I.C. §§ 19-201 1 and 19-202, 2 provides that “any other person, in aid or defense of the person about to be injured, may make resistance sufficient to prevent the offense.”
State v. Hansen, 986 P.2d 346 (Idaho Ct. App. 1999). · cites it 2× “Idaho Code § 19-201 provides that “lawful resistance to the commission of a public offense may be made: (1) By the party about to be injured”; and § 19-202 specifies that “[rjesistance sufficient to prevent the offense may be made by the party about to be injured: (1) to prevent…”
State v. Mason, 726 P.2d 772 (Idaho Ct. App. 1986). · cites it 2× “” See I.C. §§ 19-201, -202. Although the district court did not give its reasons on the record for refusing these two instructions, Mason’s counsel acknowledged that “The court has indicated [in the instruction conference] that he doesn’t feel that, based upon the theory of the…”
State v. McNeil, 109 P.3d 1125 (Idaho Ct. App. 2005). · cites it 4× “Idaho Code Section 19-203, which must be read in conjunction with I.C. §§ 19-201 3 .and 19-202 4 , provides: “Any other per *386 son, in aid or defense of the person about to be injured, may make resistance sufficient to prevent the offense.”
State v. Walsh, 119 P.3d 645 (Idaho Ct. App. 2005). · cites it 2× “I.C. § 19-201. Idaho Code Section 19-202 indicates that, to prevent an illegal attempt by force to take or injure property, the person who lawfully possesses the property may use resistance sufficient to prevent the offense from occurring.”
State v. Lassiter, 532 P.3d 418 (Idaho Ct. App. 2023). · cites it 2× “20 (incorporated from ICJI 1517) is simply a further explanation of what is required for self-defense and is consistent with I.C. § 19-201, which authorizes “[l]awful resistance to the commission of a public offense” by “the party about to be injured” or by “other parties.”
State v. Eric S. Trenkle (Idaho Ct. App. 2016). · cites it 4× “1 The requested jury instruction contains the elements of Idaho Code §§ 19-201 and 19-202.2 Moreover, the Idaho Criminal Jury Instructions are presumptively correct.”
State v. Govan (Idaho Ct. App. 2024). · cites it 2× “Idaho Criminal Jury Instruction 1517 lists the elements of self-defense: (1) the defendant must have believed that the defendant was in imminent danger of bodily harm; (2) the defendant must have believed that the action the defendant took was necessary to save the defendant…”
Battery (Idaho Ct. App. 2014). · cites it 2× “Idaho Code § 19-201 provides that “[l]awful resistance to the commission of a public offense may be made: (1) By the party about to be injured”; and Idaho Code § 19-202 specifies that “[r]esistance sufficient to prevent the offense may be made by the party about to be injured:…”
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