Idaho Code
Idaho Code

Idaho Code § 19-3003 (2026)

Defendant not obliged to testify. 

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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Defendant not obliged to testify. 

A defendant in a criminal action or proceeding to which he is a party, is not, without his consent, a competent witness for or against himself. His neglect or refusal to give such consent shall not in any manner prejudice him nor be used against him on the trial or proceeding.

Notes of Decisions
Cited in 7 cases, 1958–2012 · leading case: Estrada v. State, 149 P.3d 833 (Idaho 2006).
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Estrada v. State, 149 P.3d 833 (Idaho 2006). · cites it 2× “See also I.C. § 19-3003; State v. Anderson, 130 Idaho 765, 770 , 947 P.”
State v. Haggard, 486 P.2d 260 (Idaho 1971). · cites it 4× “" To implement this mandate the Idaho Legislature has enacted I.C. § 19-3003. "19-3003. Defendant not obliged to testify.”
State v. Cope, 129 P.3d 1241 (Idaho 2006). · cites it 2× “§ 18-215 and I.C. § 19-3003, the Fifth, Sixth, and Fourteenth Amendments to the United States Constitution, Article 1, § 13 and Article 1, § 17 of the Idaho Constitution; and (2) his fixed life sentence is excessive.”
State v. Heffern, 950 P.2d 1285 (Idaho Ct. App. 1997). · cites it 6× “The Idaho legislature has further codified and expanded the scope of the privilege against self-incrimination in I.C. § 19-3003. That statute provides: A defendant in a criminal action or proceeding to which he is a party, is not, without his consent, a competent witness for or…”
State v. Anderson, 947 P.2d 1013 (Idaho Ct. App. 1997). · cites it 5× “Right Against Self-Incrimination Anderson next asserts that his right against self-incrimination under I.C. § 19-3003 was violated by the court at the sentencing hearing.”
State v. Bock, 328 P.2d 1065 (Idaho 1958). · cites it 2× “That statute is similar in effect to our § 19-3003, I.C., which provides: "A defendant in a criminal action or proceeding to which he is a party, is not, without his consent, a competent witness for or against himself.”
State v. Tony Ray Brown (Idaho Ct. App. 2012). · cites it 2× “” A defendant retains the Fifth Amendment right against self-incrimination during the penalty phase of criminal proceedings.”
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