Idaho Code
Idaho Code

Idaho Code § 6-1701 (2026)

Tort actions in child abuse cases. 

✓ current as of May 2026
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Tort actions in child abuse cases. 

(1) An action may be brought by or on behalf of any child against any person who has:

(a)  Willfully and lewdly committed any lewd or lascivious act or acts upon or with the body or any part or member of a child under the age of sixteen (16) years as defined in section 18-1508, Idaho Code; or
(b)  Sexually abused any child as defined in section 18-1506, Idaho Code; or
(c)  Sexually exploited any child for a commercial purpose as defined in section 18-1507, Idaho Code; or
(d)  Injured a child as defined in section 18-1501, Idaho Code.
(2)  If an act prohibited under subsection (1) of this section involves employment-related circumstances as provided under section 6-1607(2), Idaho Code, then an action may be brought under the common law by, or on behalf of, any child against the employer of the person who committed the act, subject to the requirements of section 6-1607, Idaho Code.
(3)  The civil causes of action provided for in this section exist independently of any criminal action commenced pursuant to chapter 15, title 18, Idaho Code. A civil action may be pursued under the provisions of this chapter even if a criminal prosecution is not pursued.
Notes of Decisions
Cited in 16 cases (2 in the last 5 years), 1997–2026 · leading case: Steed v. Grand Teton Council of the Boy Scouts of Am., Inc., 172 P.3d 1123 (Idaho 2007).
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Steed v. Grand Teton Council of the Boy Scouts of Am., Inc., 172 P.3d 1123 (Idaho 2007). · cites it 42× “Because the trial court’s decision involved legal issues of first impression regarding the liability of a corporation for the tort of injury to a child under Idaho Code § 6-1701 (4), we granted an interlocutory appeal to address those issues of law.”
D.A.F. v. Lieteau & Juv. Corr. Nampa, 456 P.3d 193 (Idaho 2019). · cites it 58× “Laws 60 (codified as I.C. § 6-1701). In addition, the title of the statutory scheme clearly indicates the legislature recognized the applicability of the ITCA.”
Doe v. Boy Scouts of Am., 224 P.3d 494 (Idaho 2009). · cites it 18× “Morgan and John Doe I filed their original complaint on July 9, 2007, making the above allegations and seeking recovery from the BSA under Idaho Code section 6-1701 for failure to act on its notice of Schmidt’s activities and remove him from his scouting duties.”
Beers v. Corp. of the President of the Church of Jesus Christ of Latter-Day Saints, 316 P.3d 92 (Idaho 2013). · cites it 9× “Idaho Code § 6-1701 provides as follows: (1) An action may be brought by or on behalf of any child against any person who has: (a) Willfully and lewdly committed any lewd or lascivious act or acts upon or with the body or any part or member of a child under the age of sixteen…”
Glaze v. Deffenbaugh, 172 P.3d 1104 (Idaho 2007). · cites it 2× “Deffenbaugh contends that the two-year statute of limitations is clearly applicable to these claims.”
State Farm Fire & Cas. Co. v. Doe, 946 P.2d 1333 (Idaho 1997). · cites it 4× “Section 6-1701). State Farm provided a defense for this action under a reservation of rights.”
Steed v. Grand Teton Council, 172 P.3d 1123 (Idaho 2007). · cites it 42× “Because the trial court's decision involved legal issues of first impression regarding the liability of a corporation for the tort of injury to a child under Idaho Code § 6-1701 (4), we granted an interlocutory appeal to address those issues of law.”
Osborn v. Salinas, 958 P.2d 1142 (Idaho 1998). · cites it 2× “Idaho Code § 6-1701 provides in relevant part: “An action may be brought by or on behalf of any child against a person who has .”
State v. Kraly, 423 P.3d 1019 (Idaho 2018). “One of the claims alleged against the individual defendants was the tort of child abuse, based upon Idaho Code sections 6-1701 and 18-1501. Id. at 690-91 , 316 P.”
Crossley v. West Ada Sch. Dist. 2 (D. Idaho 2025). · cites it 7× “Plaintiffs are now suing Defendants for violations of the Fourteenth Amendment of the United States Constitution, the American with Disabilities Act, the Rehabilitation Act, Idaho Code § 6-1701 (relating to child abuse), and for intentional infliction of emotional distress.”
Gregory & Caralee Beers v. The Corp. of the President of the Church of Jesus Christ of Latter-Day Saints (Idaho 2013). · cites it 11× “Furthermore, “[a]ll doubts 2 Idaho Code § 6-1701 provides as follows: (1) An action may be brought by or on behalf of any child against any person who has: (a) Willfully and lewdly committed any lewd or lascivious act or acts upon or with the body or any part or member of a…”
Crossley (D. Idaho 2026). · cites it 4× “Idaho Code § 6-1701 (d) provides a cause of action in tort for any defendant who injures a child as that term is defined at Idaho Code § 18-1501 .”
Show all 16 citing cases →
— Idaho Code § 6-1701(1) — 1 case
D.A.F. v. Lieteau & Juv. Corr. Nampa, 456 P.3d 193 (Idaho 2019). “Laws 60 (codified as I.C. § 6-1701). In addition, the title of the statutory scheme clearly indicates the legislature recognized the applicability of the ITCA.”
— Idaho Code § 6-1701(1)(d) — 1 case
Crossley v. West Ada Sch. Dist. 2 (D. Idaho 2025). “Plaintiffs are now suing Defendants for violations of the Fourteenth Amendment of the United States Constitution, the American with Disabilities Act, the Rehabilitation Act, Idaho Code § 6-1701 (relating to child abuse), and for intentional infliction of emotional distress.”
— Idaho Code § 6-1701(2) — 1 case
D.A.F. v. Lieteau & Juv. Corr. Nampa, 456 P.3d 193 (Idaho 2019). “Laws 60 (codified as I.C. § 6-1701). In addition, the title of the statutory scheme clearly indicates the legislature recognized the applicability of the ITCA.”
— Idaho Code § 6-1701(d) — 1 case
Gregory & Caralee Beers v. The Corp. of the President of the Church of Jesus Christ of Latter-Day Saints (Idaho 2013). “Furthermore, “[a]ll doubts 2 Idaho Code § 6-1701 provides as follows: (1) An action may be brought by or on behalf of any child against any person who has: (a) Willfully and lewdly committed any lewd or lascivious act or acts upon or with the body or any part or member of a…”
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