Section 19-201 – LAWFUL RESISTANCE.

19-201. LAWFUL RESISTANCE. Lawful resistance to the commission of a public offense may be made: 1. By the party about to be injured. 2. By other parties. History: [19-201, added 1972, ch. 336, sec. 3, p. 983.]

Section 19-201A – LEGISLATIVE INTENT — CASTLE DOCTRINE AND STAND YOUR GROUND.

19-201A. LEGISLATIVE INTENT — CASTLE DOCTRINE AND STAND YOUR GROUND. It is the intent of the legislature to incorporate provisions of the castle doctrine and stand your ground provided in Idaho case law and jury instructions into certain sections of this chapter and in section 18-4009, Idaho Code. History: [19-201A, added 2018, ch. 222, sec. […]

Section 19-202 – RESISTANCE BY THREATENED PARTY.

19-202. RESISTANCE BY THREATENED PARTY. (1) Resistance sufficient to prevent the offense may be made by the person about to be injured: (a) To prevent an offense against his person, or his family, or some member thereof; or (b) To prevent an illegal attempt by force to take or injure property in his lawful possession. […]

Section 19-202A – DEFENSE OF SELF, OTHERS AND CERTAIN PLACES.

19-202A. DEFENSE OF SELF, OTHERS AND CERTAIN PLACES. (1) No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting himself or his family by reasonable means necessary, or when coming to the aid of another whom he reasonably believes to be in imminent danger of or the victim […]

Section 19-203 – RESISTANCE BY OTHER PARTIES.

19-203. RESISTANCE BY OTHER PARTIES. Any other person, in aid or defense of the person about to be injured, may make resistance sufficient to prevent the offense. History: [19-203, added 1972, ch. 336, sec. 3, p. 983.]

Section 19-204 – PREVENTION OF OFFENSES BY OFFICERS OF JUSTICE.

19-204. PREVENTION OF OFFENSES BY OFFICERS OF JUSTICE. Public offenses may be prevented by the intervention of the officers of justice: 1. By requiring security to keep the peace. 2. By forming a police in cities and towns, and by requiring their attendance in exposed places. 3. By suppressing riots. History: [(19-204) Cr. Prac. 1864, […]

Section 19-205 – PREVENTION BY PERSONS ASSISTING OFFICERS.

19-205. PREVENTION BY PERSONS ASSISTING OFFICERS. When the officers of justice are authorized to act in the prevention of public offenses, other persons who, by their command, act in their aid, are justified in so doing. History: [19-205, added 1972, ch. 336, sec. 3, p. 983.]

Section 19-206 – SECURITY TO KEEP PEACE — INFORMATION OF THREATENED OFFENSE.

19-206. SECURITY TO KEEP PEACE — INFORMATION OF THREATENED OFFENSE. An information may be laid before any magistrate that a person has threatened to commit an offense against the person or property of another. History: [(19-206) Cr. Prac. 1864, sec. 19, p. 215; R.S., R.C., & C.L., sec. 7380; C.S., sec. 8630; I.C.A., sec. 19-206.]

Section 19-207 – EXAMINATION OF COMPLAINANT.

19-207. EXAMINATION OF COMPLAINANT. When the information is laid before such magistrate he must examine on oath the informer, and any witness he may produce, and must take their depositions in writing and cause them to be subscribed by the parties making them. History: [(19-207) Cr. Prac. 1864, sec. 20, p. 216; R.S., R.C., & […]

Section 19-208 – WARRANT OF ARREST.

19-208. WARRANT OF ARREST. If it appears from the depositions that there is just reason to fear the commission of the offense threatened by the person so informed against, the magistrate must issue a warrant, directed generally to the sheriff of the county or any constable, marshal or policeman in the state, reciting the substance […]

Section 19-209 – HEARING OF CONTROVERTED CHARGE.

19-209. HEARING OF CONTROVERTED CHARGE. When the person informed against is brought before the magistrate, if the charge be controverted the magistrate must take testimony in relation thereto. The evidence must be reduced to writing and subscribed by the witnesses. History: [(19-209) Cr. Prac. 1864, sec. 22, p. 216; R.S., R.C., & C.L., sec. 7383; […]

Section 19-210 – DISCHARGE OF ACCUSED.

19-210. DISCHARGE OF ACCUSED. If it appears that there is no just reason to fear the commission of the offense alleged to have been threatened, the person complained of must be discharged. History: [(19-210) Cr. Prac. 1864, sec. 23, p. 216; R.S., R.C., & C.L., sec. 7384; C.S., sec. 8634; I.C.A., sec. 19-210.]

Section 19-211 – SECURITY TO KEEP THE PEACE.

19-211. SECURITY TO KEEP THE PEACE. If, however, there is just reason to fear the commission of the offense, the person complained of may be required to enter into an undertaking in such sum, not exceeding $5,000, as the magistrate may direct, with one or more sufficient sureties, to keep the peace towards the people […]

Section 19-212 – EFFECT OF GIVING OR REFUSING SECURITY.

19-212. EFFECT OF GIVING OR REFUSING SECURITY. If the undertaking required by the last section is given, the party informed of must be discharged. If he does not give it, the magistrate must commit him to prison, specifying in the warrant the requirement to give security, the amount thereof and the omission to give the […]

Section 19-213 – COMMITMENT FOR NOT GIVING SECURITY.

19-213. COMMITMENT FOR NOT GIVING SECURITY. If the person complained of is committed for not giving the undertaking required, he may be discharged by any magistrate upon giving the same. History: [(19-213) Cr. Prac. 1864, sec. 26, p. 216; R.S., R.C., & C.L., sec. 7387; C.S., sec. 8637; I.C.A., sec. 19-213.]

Section 19-214 – SECURITY FILED IN CLERK’S OFFICE.

19-214. SECURITY FILED IN CLERK’S OFFICE. The undertaking must be filed by the magistrate in the office of the clerk of the district court. History: [(19-214) Cr. Prac. 1864, sec. 27, p. 216; R.S., R.C., & C.L., sec. 7388; C.S., sec. 8638; I.C.A., sec. 19-214.]

Section 19-215 – SECURITY FOR THREATS TO ASSAULT.

19-215. SECURITY FOR THREATS TO ASSAULT. A person who, in the presence of a court magistrate, assaults or threatens to assault another, or to commit an offense against his person or property, may be ordered by the court or magistrate to give security, as in this chapter provided, and if he refuse so to do, […]

Section 19-216 – BREACH OF SECURITY.

19-216. BREACH OF SECURITY. Upon the conviction of the person informed against, of a breach of the peace, the undertaking is broken. History: [(19-216) Cr. Prac. 1864, sec. 29. p. 216; R.S., R.C., & C.L., sec. 7390; C.S., sec. 8640; I.C.A., sec. 19-216.]

Section 19-217 – ACTION ON UNDERTAKING.

19-217. ACTION ON UNDERTAKING. Upon the prosecuting attorney’s producing evidence of such conviction to the district court of the county, the court must order the undertaking to be prosecuted, and the prosecuting attorney must thereupon commence an action upon it in the name of the state of Idaho. History: [(19-217) Cr. Prac. 1864, sec. 30, […]

Section 19-218 – EVIDENCE OF BREACH.

19-218. EVIDENCE OF BREACH. In the action the offense stated in the record of conviction must be alleged as a breach of the undertaking, and such record is conclusive evidence of the breach. History: [(19-218) Cr. Prac. 1864, sec. 31, 9. 217; R.S., R.C., & C.L., sec. 7392; C.S., sec. 8642; I.C.A., sec. 19-218.]