Infliction of great bodily injury — Attempted felony or conspiracy — Extension of prison term.
(1) Any person who inflicts great bodily injury, and the injury was either intended or the act causing the injury was done with a reckless disregard for the safety of another person, on any person, other than an accomplice, in the commission or attempted commission of a felony or conspiracy to commit such a felony shall be sentenced to an extended term sentence. The extended term of imprisonment authorized in this section shall be computed by increasing the maximum sentence authorized for the crime for which the person was convicted by twenty (20) years. A term of imprisonment shall be extended as provided in this section unless infliction of great bodily injury is an element of the offense of which he is found guilty. (2) As used in this section, "great bodily injury" means a significant or substantial physical injury.
(3) The extended term of imprisonment required by this section shall apply to any aider or abettor; a person who acts in concert with, or a person who conspires with, the perpetrator of the crime.
(4) The additional terms provided in this section shall not be imposed unless the fact of great bodily injury is separately charged in the accusatory pleading and admitted by the accused or found to be true by the trier of fact after a verdict or finding of guilty on the substantive crime.
Notes of Decisions
Cited in
15
cases (
1 in the last 5 years), 1987–2025 · leading case:
State v. Elison, 21 P.3d 483 (Idaho 2001).
State v. Elison, 21 P.3d 483 (Idaho 2001).
· cites it 15× “The judge sentenced Elison to ten years on the underlying crime of involuntary manslaughter, plus five years on the I.C. § 19-2520B enhancement, resulting in a unified sentence of fifteen years.”
Noel v. State, 741 P.2d 728 (Idaho Ct. App. 1987).
· cites it 6× “This statement by the court suggests that the court thought it was under some duty to follow I.C. § 19-2520B and impose a determinate sentence enhanced by at least five additional years “without eligibility of parole.”
State v. Cody Sellers, 387 P.3d 137 (Idaho Ct. App. 2016).
· cites it 2× “” I.C. § 19-2520B. Here, the court imposed concurrent sentences of ten years, with five years determinate, on Counts I, II, and IV for felony injury to a child.”
State v. Searcy, 856 P.2d 897 (Idaho Ct. App. 1993).
· cites it 2× “) Nearly identical provisions are contained in I.C. § 19-2520B (for inflicting great bodily injury while committing or attempting to commit a felony) and in I.”
Lawrence James Crow v. State, 370 P.3d 404 (Idaho Ct. App. 2016).
· cites it 8× “§ 19-2520; and infliction of great bodily injury, I.C. § 19-2520B. Crow entered an Alford 1 plea to attempted first degree murder and the state agreed to dismiss the remaining charges and enhancements.”
State v. Anderson (Idaho Ct. App. 2020).
· cites it 8× “4 Specifically, Anderson argues that her sentence for the count of injury to a child arising from her conduct in causing the victim’s pancreatic injury could not be enhanced under I.C. § 19-2520B(1) because, as pled in the charging document, that 4 Anderson argues in her…”
State v. Cody Sellers (Idaho Ct. App. 2016).
· cites it 2× “” I.C. § 19-2520B. Here, the court imposed concurrent sentences of ten years, with five years determinate, on Counts I, II, and IV for felony injury to a child.”
State v. Stebelton (Idaho Ct. App. 2018).
· cites it 2× “________________________________________________ Before GRATTON, Chief Judge; GUTIERREZ, Judge; and LORELLO, Judge ________________________________________________ PER CURIAM William Wesley Stebelton pled guilty to felony fleeing or attempting to elude a peace officer, Idaho…”
State v. Ocampo-Garcia (Idaho Ct. App. 2018).
· cites it 2× “________________________________________________ Before GRATTON, Chief Judge; GUTIERREZ, Judge; and LORELLO, Judge ________________________________________________ PER CURIAM Lorena Ocampo-Garcia pled guilty to felony injury to a child, Idaho Code § 18-1501 , with an enhancement…”
State v. Campbell (Idaho Ct. App. 2025).
· cites it 2× “FACTUAL AND PROCEDURAL BACKGROUND Campbell was indicted for battery with intent to commit a serious felony, Idaho Code §§ 18-903 , 18-911, enhanced by infliction of great bodily injury during the commission of a crime, I.C. § 19-2520B, and felony concealment or destruction of…”
State v. Taylor Jon Wray (Idaho Ct. App. 2012).
· cites it 2× “§§ 18-6501, 18-6502 and 18-1701, and an infliction of great bodily harm during the commission or attempted commission of a felony enhancement, I.C. § 19-2520B. In exchange for his guilty plea, an additional charge was dismissed.”
State v. Brandon Joshua Peaslee (Idaho Ct. App. 2013).
· cites it 2× “§§ 18-6501, -6502, and -1701) and one count of infliction of great bodily harm during an attempted felony or conspiracy (I.C. § 19-2520B). Peaslee moved to suppress his statements made to officers, arguing he did not validly waive his Miranda 1 rights.”
— Idaho Code § 19-2520B(1) — 1 case
State v. Anderson (Idaho Ct. App. 2020).
“4 Specifically, Anderson argues that her sentence for the count of injury to a child arising from her conduct in causing the victim’s pancreatic injury could not be enhanced under I.C. § 19-2520B(1) because, as pled in the charging document, that 4 Anderson argues in her…”
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