Election-season resources for Idaho voters: the statute text behind the ballot discussion, upcoming local events, and links to campaign and county election information.
Statutes
Idaho Code 18-604: Definitions
Source: Section 18-604 on the Idaho Legislature site. Title 18, Crimes and Punishments, Chapter 6, Abortion and Contraceptives. As used in this chapter:
(1) "Abortion" means the use of any means to intentionally terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child except that, for the purposes of this chapter, abortion shall not mean: (a) The use of an intrauterine device or birth control pill to inhibit or prevent ovulations, fertilization, or the implantation of a fertilized ovum within the uterus; (b) The removal of a dead unborn child; (c) The removal of an ectopic or molar pregnancy; or (d) The treatment of a woman who is no longer pregnant.
(2) "Department" means the Idaho department of health and welfare.
(3) "Down syndrome" means a chromosomal disorder associated either with an extra chromosome 21, in whole or in part, or an effective trisomy for chromosome 21. Down syndrome is sometimes referred to as "trisomy 21."
(4) "Emancipated" means any minor who has been married or is in active military service.
(5) "Fetus" and "unborn child." Each term means an individual organism of the species Homo sapiens from fertilization until live birth.
(6) "First trimester of pregnancy" means the first thirteen (13) weeks of a pregnancy.
(7) "Hospital" means an acute care general hospital in this state, licensed as provided in chapter 13, title 39, Idaho Code.
(8) "Informed consent" means a voluntary and knowing decision to undergo a specific procedure or treatment. To be voluntary, the decision must be made freely after sufficient time for contemplation and without coercion by any person. To be knowing, the decision must be based on the physician's accurate and substantially complete explanation of: (a) A description of any proposed treatment or procedure; (b) Any reasonably foreseeable complications and risks to the patient from such procedure, including those related to reproductive health; and (c) The manner in which such procedure and its foreseeable complications and risks compare with those of each readily available alternative to such procedure, including childbirth and adoption. The physician must provide the information in terms that can be understood by the person making the decision, with consideration of age, level of maturity and intellectual capability.
(9) "Medical emergency" means a condition that, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function.
(10) "Minor" means a woman under eighteen (18) years of age.
(11) "Pregnant" and "pregnancy." Each term shall mean the reproductive condition of having a developing fetus in the body and commences with fertilization.
(12) "Physician" means a person licensed to practice medicine and surgery or osteopathic medicine and surgery in this state as provided in chapter 18, title 54, Idaho Code.
(13) "Second trimester of pregnancy" means that portion of a pregnancy following the thirteenth week and preceding the point in time when the fetus becomes viable, and there is hereby created a legal presumption that the second trimester does not end before the commencement of the twenty-fifth week of pregnancy, upon which presumption any licensed physician may proceed in lawfully aborting a patient pursuant to section 18-608, Idaho Code, in which case the same shall be conclusive and unrebuttable in all civil or criminal proceedings.
(14) "Third trimester of pregnancy" means that portion of a pregnancy from and after the point in time when the fetus becomes viable.
(15) Any reference to a viable fetus shall be construed to mean a fetus potentially able to live outside the mother's womb, albeit with artificial aid.
History: 18-604, added 1973, ch. 197, sec. 3, p. 442; am. 2000, ch. 7, sec. 2, p. 12; am. 2005, ch. 393, sec. 2, p. 1320; am. 2006, ch. 438, sec. 1, p. 1322; am. 2021, ch. 258, sec. 1, p. 792; am. 2023, ch. 298, sec. 1, p. 906.
Idaho Code 18-622: Defense of Life Act (DOLA)
Source: Section 18-622 on the Idaho Legislature site.
(1) Except as provided in subsection (2) of this section, every person who performs or attempts to perform an abortion as defined in this chapter commits the crime of criminal abortion. Criminal abortion shall be a felony punishable by a sentence of imprisonment of no less than two (2) years and no more than five (5) years in prison. The professional license of any health care professional who performs or attempts to perform an abortion or who assists in performing or attempting to perform an abortion in violation of this subsection shall be suspended by the appropriate licensing board for a minimum of six (6) months upon a first offense and shall be permanently revoked upon a subsequent offense.
(2) The following shall not be considered criminal abortions for purposes of subsection (1) of this section:
(a) The abortion was performed or attempted by a physician as defined in this chapter and: (i) The physician determined, in his good faith medical judgment and based on the facts known to the physician at the time, that the abortion was necessary to prevent the death of the pregnant woman. No abortion shall be deemed necessary to prevent the death of the pregnant woman because the physician believes that the woman may or will take action to harm herself; and (ii) The physician performed or attempted to perform the abortion in the manner that, in his good faith medical judgment and based on the facts known to the physician at the time, provided the best opportunity for the unborn child to survive, unless, in his good faith medical judgment, termination of the pregnancy in that manner would have posed a greater risk of the death of the pregnant woman. No such greater risk shall be deemed to exist because the physician believes that the woman may or will take action to harm herself; or
(b) The abortion was performed or attempted by a physician as defined in this chapter during the first trimester of pregnancy and: (i) If the woman is not a minor or subject to a guardianship, then, prior to the performance of the abortion, the woman has reported to a law enforcement agency that she is the victim of an act of rape or incest and provided a copy of such report to the physician who is to perform the abortion. The copy of the report shall remain a confidential part of the woman's medical record subject to applicable privacy laws; or (ii) If the woman is a minor or subject to a guardianship, then, prior to the performance of the abortion, the woman or her parent or guardian has reported to a law enforcement agency or child protective services that she is the victim of an act of rape or incest and a copy of such report has been provided to the physician who is to perform the abortion. The copy of the report shall remain a confidential part of the woman's medical record subject to applicable privacy laws.
(3) If a report concerning an act of rape or incest is made to a law enforcement agency or child protective services pursuant to subsection (2)(b) of this section, then the person who made the report shall, upon request, be entitled to receive a copy of such report within seventy-two (72) hours of the report being made, provided that the report may be redacted as necessary to avoid interference with an investigation.
(4) Medical treatment provided to a pregnant woman by a health care professional as defined in this chapter that results in the accidental death of, or unintentional injury to, the unborn child shall not be a violation of this section.
(5) Nothing in this section shall be construed to subject a pregnant woman on whom any abortion is performed or attempted to any criminal conviction and penalty.
History: 18-622, added 2020, ch. 284, sec. 1, p. 827, effective August 25, 2022; am. 2023, ch. 298, sec. 2, p. 907.
Idaho statutes are updated on the legislature's website each July 1 following the session, so check the source links for the current text.
Initiatives and amendments
Upcoming events
- Raul Labrador, October 6 (flyer to be added)
- Alveda King, October 9: Family Forum Night with Dr. Alveda King at Watersprings Church
- Catholic event, October 10 (information forthcoming)
- Students for Life President speaking to the Idaho chapter, October 12 (flyer to be added)
Other information
- Stop Prop 1: It's Too Extreme For Idaho
- Idaho Votes Life: Know Before You Go
- Elections | Bonneville County: elections office information
- Election Information | Bonneville County: voter dates
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