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Anyone have the verbiage for Idaho Castle Doctrine

G

GreenDrake

Regular Member
Joined
Jun 8, 2008
Messages
70
Location
Hayden, Idaho, USA
imported post

I believe back in 2006 is when Idaho adopted a castle doctrine however I am having a difficult time locating the verbiage as to what it entails. Does anyone have the verbatim text of it?

If not, what particulars did it offer? No duty to retreat? Uninvited entry and lethal force etc?

Thanks, I am going to get it to my local Senator who is misinformed on Idaho law, go figure.
 
9

9Shooter

Regular Member
Joined
Jul 22, 2008
Messages
23
Location
Boise, Idaho, USA
imported post

Is this what you are looking for? Exerpted from http://www3.state.id.us/cgi-bin/newidst?sctid=180400009.K


Code: 
TITLE  18
CRIMES AND PUNISHMENTS
CHAPTER 40
HOMICIDE

18-4009.  JUSTIFIABLE HOMICIDE BY ANY PERSON. Homicide is also justifiable
when committed by any person in either of the following cases:
1.  When resisting any attempt to murder any person, or to commit a
felony, or to do some great bodily injury upon any person; or,
2.  When committed in defense of habitation, property or person, against
one who manifestly intends or endeavors, by violence or surprise, to commit a
felony, or against one who manifestly intends and endeavors, in a violent,
riotous or tumultuous manner, to enter the habitation of another for the
purpose of offering violence to any person therein; or,
3.  When committed in the lawful defense of such person, or of a wife or
husband, parent, child, master, mistress or servant of such person, when there
is reasonable ground to apprehend a design to commit a felony or to do some
great bodily injury, and imminent danger of such design being accomplished;
but such person, or the person in whose behalf the defense was made, if he was
the assailant or engaged in mortal combat, must really and in good faith have
endeavored to decline any further struggle before the homicide was committed;
or,
4.  When necessarily committed in attempting, by lawful ways and means, to
apprehend any person for any felony committed, or in lawfully suppressing any
riot, or in lawfully keeping and preserving the peace.
 
9

9Shooter

Regular Member
Joined
Jul 22, 2008
Messages
23
Location
Boise, Idaho, USA
imported post

Wait, no. I think you were looking for this http://www3.state.id.us/oasis/2006/S1441.html instead. It's too long to include the whole thing but here's the short:

Code: 
                       STATEMENT OF PURPOSE

RS 16170

The purpose of this legislation is to give a person immunity from
civil action for using force to defend his life, family or
property from those who would seek to harm them or for coming to
the aid of another who is threatened.  This in no way is intended
to apply to if such force is used against law enforcement
officers.  It would also allow award of reasonable attorney's
fees, court costs, compensation for loss of income and all
expenses incurred by the defendant in defense of civil action if
the court finds that the defendant is immune from such an action.
 
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