Idaho Code
Idaho Code

Idaho Code § 19-202A (2026)

defense of self, others and certain places. 

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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defense of self, others and certain places. 

(1) No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting himself or his family by reasonable means necessary, or when coming to the aid of another whom he reasonably believes to be in imminent danger of or the victim of aggravated assault, robbery, rape, murder or other heinous crime.

(2)  The defense of self or of another does not require a person to wait until he or she ascertains whether the danger is apparent or real. A person confronted with such danger has a clear right to act upon appearances such as would influence the action of a reasonable person.
(3)  In the exercise of the right of self-defense or defense of another, a person need not retreat from any place that person has a right to be. A person may stand his ground and defend himself or another person by the use of all force and means which would appear to be necessary to a reasonable person in a similar situation and with similar knowledge without the benefit of hindsight. The provisions of this subsection shall not apply to a person incarcerated in jail or prison facilities when interacting with jail or prison staff who are acting in their official capacities.
(4)  In any prosecution for the unlawful use of force, including deadly force, or the attempted or threatened use of force contrary to title 18, Idaho Code, the burden is on the prosecution to prove beyond a reasonable doubt that the use of force, attempted use of force or threat to use force was not justifiable.
(5)  A person using force or deadly force in defense of a habitation, place of business or employment or occupied vehicle as defined in section 18-4009(3), Idaho Code, is presumed to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury if the force is used against a person whose entry or attempted entry therein is unlawful and is made or attempted by use of force, or in a violent and tumultuous manner, or surreptitiously or by stealth, or for the purpose of committing a felony.
Notes of Decisions
Cited in 14 cases (8 in the last 5 years), 1998–2024 · leading case: State v. Arrasmith, 966 P.2d 33 (Idaho Ct. App. 1998).
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State v. Arrasmith, 966 P.2d 33 (Idaho Ct. App. 1998). · cites it 30× “First, he argues that the trial court should have granted his motion to dismiss under I.C. § 19-202A. Second, he contends the trial court erred in excluding character *39 evidence regarding the victims, the prior criminal record of Ronald Bingham, and the expert witness…”
State v. McNeil, 109 P.3d 1125 (Idaho Ct. App. 2005). · cites it 12× “The magistrate declined, determining that Main’s conduct did not rise to the level of aggravated assault necessary to trigger the self-defense and defense of others immunity statute, I.C. § 19-202A. 1 The jury found McNeil guilty and McNeil appealed to the district court.”
State v. Hoover, 64 P.3d 340 (Idaho Ct. App. 2003). · cites it 4× “Hoover claims entitlement to the requested jury instructions on theories that he acted against James in defense of others or self-defense under I.C. § 19-202A. Hoover's claim fails because his theories lacked evidentiary support.”
State v. Lassiter, 532 P.3d 418 (Idaho Ct. App. 2023). · cites it 52× “Lassiter appeals from the judgment of conviction, arguing the district court improperly instructed the jury on self-defense and defense of others by including elements inconsistent with Idaho’s “stand-your-ground” law, I.C. § 19-202A. Lassiter also contends the district court…”
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. Doyle, 511 P.3d 282 (Idaho Ct. App. 2022). · cites it 38× “During the bench trial, Doyle argued that he was protected from prosecution pursuant to I.C. § 19-202A; that his right to possess the weapon and protect himself was protected by the United States and Idaho Constitutions; and that his actions, under the circumstances, satisfied…”
State v. Gamma, 152 P.3d 622 (Idaho Ct. App. 2006). · cites it 2× “I.C. § 19-202A. The appellants do not contend that they were entitled to possess the monument and, in fact, assert that it was city property.”
State v. Jane Doe, 532 P.3d 396 (Idaho 2023). · cites it 16× “C. § 19-202A (emphasis and alterations added).”
State v. Clagg, No. 49262 (Idaho Ct. App. Jan. 12, 2024). · cites it 16× “Clagg argues that ICJI 1517 either fails to follow or conflicts with I.C. § 19-202A in several ways.”
Van Hook v. State, 506 P.3d 887 (Idaho 2022). · cites it 12× “Section 19-202A covers physical altercations: No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting himself or his family by reasonable means necessary, or when coming to the aid of another whom he reasonably believes to be in imminent…”
State v. Rabidue, No. 47560 (Idaho Ct. App. Feb. 23, 2021). · cites it 2× “Second, Rabidue contends that his case differs factually from Bishop because the officers entered his residence, a place Rabidue asserts he was allowed to defend himself based on I.C. § 19-202A, one of the statutes governing self-defense.”
Johnson v. State, No. 48376 (Idaho Ct. App. Aug. 30, 2021). · cites it 2× “Lastly, the language added to I.C. § 19-202A, defense of self, mirrors language used in State v.”
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Idaho Code § 19-202A(2): 3 cases
State v. Lassiter, 532 P.3d 418 (Idaho Ct. App. 2023). “Lassiter appeals from the judgment of conviction, arguing the district court improperly instructed the jury on self-defense and defense of others by including elements inconsistent with Idaho’s “stand-your-ground” law, I.C. § 19-202A. Lassiter also contends the district court…”
State v. Clagg, No. 49262 (Idaho Ct. App. Jan. 12, 2024). “Clagg argues that ICJI 1517 either fails to follow or conflicts with I.C. § 19-202A in several ways.”
State v. Jane Doe, 532 P.3d 396 (Idaho 2023). “C. § 19-202A (emphasis and alterations added).”
Idaho Code § 19-202A(3): 2 cases
State v. Lassiter, 532 P.3d 418 (Idaho Ct. App. 2023). “Lassiter appeals from the judgment of conviction, arguing the district court improperly instructed the jury on self-defense and defense of others by including elements inconsistent with Idaho’s “stand-your-ground” law, I.C. § 19-202A. Lassiter also contends the district court…”
State v. Clagg, No. 49262 (Idaho Ct. App. Jan. 12, 2024). “Clagg argues that ICJI 1517 either fails to follow or conflicts with I.C. § 19-202A in several ways.”
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