Idaho Code
Idaho Code

Idaho Code § 19-5804 (2026)

immunity from liability. 

✓ current as of May 2026
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immunity from liability. 

Neither a public agency nor its employees, while acting within the course and scope of their employment and without malice or criminal intent, shall be liable under the Idaho tort claims act, chapter 9, title 6, Idaho Code, for any injury resulting from the release of confidential information under this chapter.

Notes of Decisions
Cited in 3 cases, 2007–2012 · leading case: State v. Cottrell, 271 P.3d 1243 (Idaho Ct. App. 2012).
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State v. Cottrell, 271 P.3d 1243 (Idaho Ct. App. 2012). · cites it 4× “See I.C. § 19-5804(2) (“The existence of a policy of insurance covering the victim’s loss shall not absolve the defendant of the obligation to pay restitution.”
State v. Smith, 169 P.3d 275 (Idaho Ct. App. 2007). · cites it 2× “16 for the noninvoiced items. Smith argues the state failed to provide sufficient evidence that these items were taken by her.”
State v. Cheeney, 160 P.3d 451 (Idaho Ct. App. 2007). · cites it 2× “Pursuant to Section 19-5804(6), the court may consider such hearsay as may be contained in the PSI, victim impact statement, or otherwise provided to the court.”
— Idaho Code § 19-5804(2) — 1 case
State v. Cottrell, 271 P.3d 1243 (Idaho Ct. App. 2012). “See I.C. § 19-5804(2) (“The existence of a policy of insurance covering the victim’s loss shall not absolve the defendant of the obligation to pay restitution.”
— Idaho Code § 19-5804(6) — 3 cases
State v. Smith, 169 P.3d 275 (Idaho Ct. App. 2007). “16 for the noninvoiced items. Smith argues the state failed to provide sufficient evidence that these items were taken by her.”
State v. Cottrell, 271 P.3d 1243 (Idaho Ct. App. 2012). “See I.C. § 19-5804(2) (“The existence of a policy of insurance covering the victim’s loss shall not absolve the defendant of the obligation to pay restitution.”
State v. Cheeney, 160 P.3d 451 (Idaho Ct. App. 2007). “Pursuant to Section 19-5804(6), the court may consider such hearsay as may be contained in the PSI, victim impact statement, or otherwise provided to the court.”
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