Idaho Code

Idaho Code § 19-2132 (2026)

Instructions to jury — Requests — Instructions on included offenses.

✓ current as of May 2026

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Instructions to jury — Requests — Instructions on included offenses.

(a) In charging the jury, the court must state to them all matters of law necessary for their information. Either party may present to the court any written charge and request that it be given. If the court thinks it correct and pertinent, it must be given; if not, it must be refused. Upon each charge presented and given or refused, the court must indorse and sign its decision. If part be given and part refused, the court must distinguish, showing by the indorsement what part of the charge was given and what part refused.

(b) The court shall instruct the jury with respect to a lesser included offense if:

(1) Either party requests such an instruction; and

(2) There is a reasonable view of the evidence presented in the case that would support a finding that the defendant committed such lesser included offense but did not commit the greater offense.

(c) If a lesser included offense is submitted to the jury for consideration, the court shall instruct the jury that it may not consider the lesser included offense unless it has first considered each of the greater offenses within which it is included, and has concluded in its deliberations that the defendant is not guilty of each of such greater offenses.

Notes of Decisions

Cited in 179 cases (25 in the last 5 years), 1955–2025 · leading case: State v. Raudebaugh, 864 P.2d 596 (Idaho 1993).

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State v. Raudebaugh, 864 P.2d 596 (Idaho 1993). · cites it 64× “I.C. § 19-2132 addresses jury instructions concerning lesser included offenses.”

State v. Severson, 215 P.3d 414 (Idaho 2009). · cites it 12× “I.C. § 19-2132. In other words, a trial court must deliver instructions on the rules of law that are "material to the determination of the defendant's guilt or innocence.”

State v. Hudson, 927 P.2d 451 (Idaho Ct. App. 1996). · cites it 28× “We will assume, without deciding, that any or all of these crimes are lesser included offenses which the district court was obligated to offer to the jury.”

Stuart v. State, 801 P.2d 1216 (Idaho 1990). · cites it 16× “As our Court of Appeals has made clear: Idaho Code § 19-2132 (b) states: `The court shall instruct the jury on lesser included offenses when they are supported by any reasonable view of the evidence.”

State v. Eastman, 831 P.2d 555 (Idaho 1992). · cites it 28× “There, we interpreted I.C. § 19-2132 [2] as follows: This provision requires that the trial court give, on its own motion, pertinent instructions by which the jury may be correctly informed with respect to the nature and elements of the crime charged and to the essential legal…”

State v. Pratt, 873 P.2d 848 (Idaho 1994). · cites it 48× “Idaho Code § 19-2132 has remained the same since the 1988 amendment.”

State v. Fodge, 824 P.2d 123 (Idaho 1992). · cites it 12× “In his brief, the appellant also challenges the constitutionality of I.C. § 19-2132. Specifically, appellant claims that this statute violates the right to a jury trial, Idaho Const, art.”

State v. Stuart, 715 P.2d 833 (Idaho 1986). · cites it 20× “However, in 1977 the Idaho legislature enacted I.C. § 19-2132(b) which states: "The court shall instruct the jury on lesser included offenses when they are supported by any reasonable view of the evidence.”

State v. Tribe, 852 P.2d 87 (Idaho 1993). · cites it 22× “The version of Idaho Code § 19-2132 at that time provided: Instructions on Included offenses.”

State v. Curtis, 944 P.2d 122 (Idaho Ct. App. 1996). · cites it 42× “[2] The "acquittal first" provision of I.C. § 19-2132 was enacted in 1988. See 1988 Idaho Sess.”

State v. Flegel, 261 P.3d 519 (Idaho 2011). · cites it 10× “2d at 126 (citing § 19-2132 as the sole reason for upholding the district court's decision).”

State v. Jeske, 436 P.3d 683 (Idaho 2019). · cites it 4× “3d at 430 (citing I.C. § 19-2132 ). Either party may present any written instruction and request it be given.”

Show all 179 citing cases →

— Idaho Code § 19-2132(a) — 52 cases

State v. Eastman, 831 P.2d 555 (Idaho 1992). “There, we interpreted I.C. § 19-2132 [2] as follows: This provision requires that the trial court give, on its own motion, pertinent instructions by which the jury may be correctly informed with respect to the nature and elements of the crime charged and to the essential legal…”

State v. Sheahan, 77 P.3d 956 (Idaho 2003).

State v. Jeske, 436 P.3d 683 (Idaho 2019). “3d at 430 (citing I.C. § 19-2132 ). Either party may present any written instruction and request it be given.”

State v. Howley, 920 P.2d 391 (Idaho 1996).

State v. Alsanea, 69 P.3d 153 (Idaho Ct. App. 2003).

— Idaho Code § 19-2132(b) — 34 cases

State v. Stuart, 715 P.2d 833 (Idaho 1986). “However, in 1977 the Idaho legislature enacted I.C. § 19-2132(b) which states: "The court shall instruct the jury on lesser included offenses when they are supported by any reasonable view of the evidence.”

Stuart v. State, 801 P.2d 1216 (Idaho 1990). “As our Court of Appeals has made clear: Idaho Code § 19-2132 (b) states: `The court shall instruct the jury on lesser included offenses when they are supported by any reasonable view of the evidence.”

State v. Tribe, 852 P.2d 87 (Idaho 1993). “The version of Idaho Code § 19-2132 at that time provided: Instructions on Included offenses.”

State v. Raudebaugh, 864 P.2d 596 (Idaho 1993). “I.C. § 19-2132 addresses jury instructions concerning lesser included offenses.”

State v. Porter, 948 P.2d 127 (Idaho 1997).

— Idaho Code § 19-2132(b)(1) — 1 case

State v. Setzer, 36 P.3d 829 (Idaho Ct. App. 2001).

— Idaho Code § 19-2132(b)(2) — 9 cases

State v. Flegel, 261 P.3d 519 (Idaho 2011). “2d at 126 (citing § 19-2132 as the sole reason for upholding the district court's decision).”

State v. Fodge, 824 P.2d 123 (Idaho 1992). “In his brief, the appellant also challenges the constitutionality of I.C. § 19-2132. Specifically, appellant claims that this statute violates the right to a jury trial, Idaho Const, art.”

State v. Thomasson, 832 P.2d 743 (Idaho 1992).

State v. Tomes, 801 P.2d 1303 (Idaho Ct. App. 1990).

State v. Arrasmith, 966 P.2d 33 (Idaho Ct. App. 1998).

— Idaho Code § 19-2132(b)(l) — 1 case

State v. Kluss, 867 P.2d 247 (Idaho Ct. App. 1993).

— Idaho Code § 19-2132(c) — 15 cases

State v. Raudebaugh, 864 P.2d 596 (Idaho 1993). “I.C. § 19-2132 addresses jury instructions concerning lesser included offenses.”

State v. Hudson, 927 P.2d 451 (Idaho Ct. App. 1996). “We will assume, without deciding, that any or all of these crimes are lesser included offenses which the district court was obligated to offer to the jury.”

State v. Curtis, 944 P.2d 122 (Idaho Ct. App. 1996). “[2] The "acquittal first" provision of I.C. § 19-2132 was enacted in 1988. See 1988 Idaho Sess.”

State v. Miller, 955 P.2d 603 (Idaho Ct. App. 1997).

State v. Pratt, 873 P.2d 848 (Idaho 1994). “Idaho Code § 19-2132 has remained the same since the 1988 amendment.”

— Idaho Code § 19-2132(e) — 5 cases

State v. Raudebaugh, 864 P.2d 596 (Idaho 1993). “I.C. § 19-2132 addresses jury instructions concerning lesser included offenses.”

State v. Curtis, 944 P.2d 122 (Idaho Ct. App. 1996). “[2] The "acquittal first" provision of I.C. § 19-2132 was enacted in 1988. See 1988 Idaho Sess.”

State v. Whipple, 5 P.3d 478 (Idaho Ct. App. 2000).

State v. Miller, 955 P.2d 603 (Idaho Ct. App. 1997).

State v. Pratt, 873 P.2d 848 (Idaho 1994). “Idaho Code § 19-2132 has remained the same since the 1988 amendment.”

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