Idaho Code
Idaho Code

Idaho Code § 19-202 (2026)

Resistance by threatened party. 

✓ current as of May 2026
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Resistance by threatened party. 

(1) Resistance sufficient to prevent the offense may be made by the person about to be injured:

(a)  To prevent an offense against his person, or his family, or some member thereof; or
(b)  To prevent an illegal attempt by force to take or injure property in his lawful possession.
(2)  The defensive display or declaration of a firearm by a person is justified when and to the extent a reasonable person would believe that physical force is necessary to protect the person or another person against the use or attempted use of unlawful physical force, including deadly force. The provisions of this subsection do not apply to someone who intentionally provokes another person to use or attempt to use unlawful physical force or deadly physical force. For purposes of this section, "defensive display or declaration of a firearm" shall include:
(a)  Verbally informing another person that the person possesses or has available a firearm; and
(b)  Exposing, displaying, or placing a person’s hand on a firearm while the firearm is contained in a holster, pocket, purse, or other means of containment or transport in a manner that a reasonable person would understand was meant to protect the person or another against an unlawful use or attempted use of physical force or deadly physical force.
(3)  The provisions of this section do not require a defensive display or declaration of a firearm before the use of physical force or deadly physical force, or threat of physical force or deadly physical force, by a person who is otherwise justified in the use or threatened use of physical force or deadly physical force.
(4)  A person acting pursuant to this section may use such degree and extent of force as would appear to be reasonably necessary to prevent the threatened injury. Reasonableness is to be judged from the viewpoint of a reasonable person placed in the same position and seeing and knowing what the person then saw and knew without the benefit of hindsight.
Notes of Decisions
Cited in 15 cases (4 in the last 5 years), 1969–2024 · leading case: State v. Iverson, 316 P.3d 682 (Idaho Ct. App. 2014).
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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. Mason, 726 P.2d 772 (Idaho Ct. App. 1986). · cites it 2× “I.C. § 19-202; State v. Scroggins, 91 Idaho 847 , 433 P.”
State v. Rodriguez, 460 P.2d 711 (Idaho 1969). · cites it 2× “It is based on I.C. §§ 19-202 and 19-203 which gives one the right to use resistance sufficient to prevent the offense.”
State v. Walsh, 119 P.3d 645 (Idaho Ct. App. 2005). · cites it 2× “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. Gamma, 152 P.3d 622 (Idaho Ct. App. 2006). · cites it 3× “I.C. §§ 19-202, 19-203. A person is also entitled to use any means necessary to protect another whom he or she believes is in imminent danger of or the victim of aggravated assault, robbery, rape murder, or other heinous crime.”
State v. Hansen, 986 P.2d 346 (Idaho Ct. App. 1999). “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. McNeil, 109 P.3d 1125 (Idaho Ct. App. 2005). · cites it 2× “Idaho Code Section 19-202 provides that resistance sufficient to prevent the offense may be made by the party about to be injured to prevent an offense against his or her person, family or some member thereof, or to prevent an illegal attempt by force to take or injure property…”
State v. Lassiter, 532 P.3d 418 (Idaho Ct. App. 2023). · cites it 10× “Idaho Code § 19-202 (2) provides that a defendant asserting self- defense may use the “degree and extent of force as would appear to be reasonably necessary to prevent the threatened injury,” and that this reasonableness must be “judged from the viewpoint of a reasonable person…”
State v. Hansen, 474 P.2d 17 (Or. Ct. App. 1970). “To prevent an offense against his person • * Idaho Code 19-202. State v. Woodward, 58 Idaho 385, 391 , 74 P2d 92 , 114 ALR 627 (1937), was an assault-with-a-deadly-weapon case.”
State v. Michael D. Cornelsen (Idaho Ct. App. 2014). · cites it 4× “Idaho Code § 19-202 elaborates on the concept of self-defense: Resistance sufficient to prevent the offense may be made by the party about to be injured: 1.”
State v. Eric S. Trenkle (Idaho Ct. App. 2016). · cites it 2× “Idaho Code § 19-202 , which permits resistance “to prevent an illegal attempt by force to take or injure property in his lawful possession,” does not distinguish between actual possession (defined as “physical occupancy or control over property”) and constructive possession…”
State v. Hilton (Idaho Ct. App. 2023). · cites it 2× “” Hilton contends she was entitled to a defense of property because, she argues, the evidence supports her theory that she 5 battered the victim in order to prevent the victim from taking Hilton’s carpet shampooer.”
Show all 15 citing cases →
— Idaho Code § 19-202(1) — 1 case
State v. Govan (Idaho Ct. App. 2024).
— Idaho Code § 19-202(1)(b) — 1 case
State v. Hilton (Idaho Ct. App. 2023). “” Hilton contends she was entitled to a defense of property because, she argues, the evidence supports her theory that she 5 battered the victim in order to prevent the victim from taking Hilton’s carpet shampooer.”
— Idaho Code § 19-202(2) — 1 case
State v. Lassiter, 532 P.3d 418 (Idaho Ct. App. 2023). “Idaho Code § 19-202 (2) provides that a defendant asserting self- defense may use the “degree and extent of force as would appear to be reasonably necessary to prevent the threatened injury,” and that this reasonableness must be “judged from the viewpoint of a reasonable person…”
— Idaho Code § 19-202(3) — 1 case
State v. Lassiter, 532 P.3d 418 (Idaho Ct. App. 2023). “Idaho Code § 19-202 (2) provides that a defendant asserting self- defense may use the “degree and extent of force as would appear to be reasonably necessary to prevent the threatened injury,” and that this reasonableness must be “judged from the viewpoint of a reasonable person…”
— Idaho Code § 19-202(A)(1) — 1 case
Van Hook v. State, 506 P.3d 887 (Idaho 2022).
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