Assault vs Battery in Idaho: Felonies and Penalties (2026)

Idaho treats assault and battery as two separate crimes. Idaho Code 18-901 defines assault as an attempt or threat to do violence that comes with an apparent ability to carry it out, and Idaho Code 18-903 defines battery as the use of force or violence, an unlawful touching or striking, or intentionally causing bodily harm. Simple assault and simple battery carry county-jail penalties, while aggravated forms, attacks on listed officials and workers, and domestic battery that causes a traumatic injury carry state prison terms. For other states, see our guide to assault and battery laws by state.

Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Idaho's assault and battery statutes in Title 18, chapter 9 of the Idaho Code (sections 18-901 to 18-912, 18-915 to 18-915C, 18-918, 18-920 and 18-923) and the civil filing period in Idaho Code 5-219. It does not cover self-defense and justification (see Idaho self-defense laws), protection orders (see Idaho restraining order laws), sexual offenses, firearm sentence enhancements, federal assault crimes (see the hub) or city and county ordinances.

Assault vs. battery in Idaho

Idaho keeps the two crimes in separate sections of Title 18, chapter 9, titled "Assault and Battery." Assault does not require any contact. Idaho Code 18-901 provides:

"An assault is: (a) An unlawful attempt, coupled with apparent ability, to commit a violent injury on the person of another; or (b) An intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent."

Battery covers the contact itself, and it does not require an injury. Idaho Code 18-903 provides:

"A battery is any: (a) Willful and unlawful use of force or violence upon the person of another; or (b) Actual, intentional and unlawful touching or striking of another person against the will of the other; or (c) Unlawfully and intentionally causing bodily harm to an individual."

Under paragraph (b), an unwanted intentional touching against the other person's will meets the statutory definition. That paragraph matters later: the peace-officer felony in Idaho Code 18-915(3) excludes it.

Is assault a felony in Idaho?

Idaho does not use felony classes. Each punishment section in chapter 9 states its own maximum, such as "imprisonment in the state prison not to exceed five (5) years." Simple assault and simple battery are punishable only by a fine and county jail: "An assault is punishable by fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not to exceed three (3) months, or by both such fine and imprisonment" (18-902), and battery by a fine of up to $1,000, up to 6 months in county jail, or both (18-904).

State prison terms apply to aggravated assault (up to 5 years), aggravated battery (up to 15 years), assault and battery with intent to commit a serious felony (up to 15 and 20 years) and battery on health care workers (up to 3 years). Chapter 9 expressly labels these offenses felonies: assault or battery on judges and corrections and juvenile-detention staff and battery on peace officers under 18-915(2) and (3), propelling bodily fluid or waste under 18-915B, removing a firearm from an officer under 18-915A, felony domestic battery and a third domestic assault or battery within 15 years under 18-918, and attempted strangulation under 18-923.

Idaho assault and battery offenses and penalties

Every term in the table is a maximum written into the offense's own section ("not to exceed"), not a typical sentence. These are the ranges for the offense itself; Idaho Code 18-918(5) and 18-923(7) set a higher maximum for some repeat domestic violence and strangulation convictions, described below.

Definitions that decide the grade

Deadly weapon or instrument. Idaho Code 18-905(d) provides that "'Deadly weapon or instrument' as used in this chapter is defined to include any firearm, though unloaded or so defective that it can not be fired." The definition says "include," so it is not limited to firearms.

Great bodily harm. Aggravated assault under 18-905(b) and aggravated battery under 18-907(1)(a) turn on "great bodily harm," a term chapter 9 uses without defining. The chapter's own definitions are limited to "deadly weapon or instrument" in 18-905(d) and "household member" and "traumatic injury" in 18-918(1).

Traumatic injury. For domestic violence, Idaho Code 18-918(1)(b) defines traumatic injury as "a condition of the body, such as a wound or external or internal injury, whether of a minor or serious nature, caused by physical force." A minor injury qualifies under that wording.

Assault or battery on a police officer, judge, nurse or other protected person

Doubled penalties. Idaho Code 18-915(1) applies to any chapter 9 crime committed against a listed person when "the perpetrator knows or has reason to know of the victim's status." The list reads: "a justice, judge, magistrate, prosecuting attorney, public defender, peace officer, bailiff, marshal, sheriff, police officer, peace officer standards and training employee involved in peace officer decertification activities, emergency services dispatcher, correctional officer, employee of the department of correction, employee of a private prison contractor while employed at a private correctional facility in the state of Idaho, members or employees of the commission of pardons and parole, employees of the department of water resources authorized to enforce the provisions of chapter 38, title 42, Idaho Code, employees of the department of parks and recreation authorized to enforce the provisions of chapter 42, title 67, Idaho Code, employees of a public utility as described in section 61-129, Idaho Code, including any employee of a consumer-owned utility, jailer, parole officer, misdemeanor probation officer, officer of the Idaho state police, fireman, social caseworkers or social work specialists of the department of health and welfare, employee of a state secure confinement facility for juveniles, employee of a juvenile detention facility, a teacher at a detention facility or a juvenile probation officer, emergency medical services personnel licensed under the provisions of chapter 9, title 46, Idaho Code, a member, employee or agent of the state tax commission, United States marshal, or federally commissioned law enforcement officer or their deputies or agents."

For battery with intent to commit a serious felony, the punishment becomes up to 25 years in state prison. For any other chapter 9 crime, "the punishment shall be doubled that provided in the respective section, except as provided in subsections (2) and (3) of this section."

Judges and corrections staff. Under 18-915(2), an assault or battery against a former or present justice, judge or magistrate, jailer, correctional officer or other staff of the department of correction, a county jail or a private correctional facility, an employee of a state secure confinement facility for juveniles or a juvenile detention facility, a teacher at a detention facility, a misdemeanor or juvenile probation officer, or a member or employee of the commission of pardons and parole is a felony punishable by up to 5 years, served consecutively to any current sentence. It applies when the offense is committed "Because of the exercise of official duties or because of the victim's former or present official status," or while the victim is performing duties and the person knows or reasonably should know the victim's status.

Peace officers. Under 18-915(3), a battery "except unlawful touching as described in section 18-903(b), Idaho Code, against the person of a former or present peace officer, sheriff or police officer" is a felony punishable by up to 5 years, served consecutively, when committed because of the officer's duty or status, or while the officer is performing duties and the person knows or reasonably should know the victim is a peace officer, sheriff or police officer.

Health care workers. Idaho Code 18-915C makes a battery on "any person licensed, certified or registered by the state of Idaho to provide health care, or an employee of a hospital, medical clinic or medical practice, when the victim is in the course of performing his or her duties or because of the victim's professional or employment status," punishable by up to 3 years in state prison.

Corrections settings. Idaho Code 18-915B makes it a felony, punishable by up to 5 years served consecutively, for a person housed in a correctional facility, work release center or labor camp, or being transported or supervised by a correctional or detention officer, to knowingly propel bodily fluid or waste at detention or correctional officers, staff, contractors or employees of a correctional facility, or authorized visitors. Idaho Code 18-915A makes it a felony to knowingly remove or attempt to remove a firearm from a law enforcement officer authorized to make arrests, or from a listed corrections employee, who is lawfully acting within the course and scope of employment, when the person knows or has reason to know the officer's or employee's role.

Pregnant victims. Simple battery carries up to 1 year in county jail when "the victim is pregnant and this fact is known to the batterer" (18-904), and a battery on a pregnant female that causes great bodily harm, permanent disability or permanent disfigurement to an embryo or fetus is aggravated battery (18-907(1)(e)).

Domestic assault and battery in Idaho

Idaho Code 18-918 creates separate domestic violence offenses. They apply only between "household members," which 18-918(1)(a) defines as "a person who is a spouse, former spouse, or a person who has a child in common, regardless of whether they have been married, or a person with whom a person is cohabiting, whether or not they have married or have held themselves out to be husband or wife."

• Felony domestic battery. "Any household member who in committing a battery, as defined in section 18-903, Idaho Code, inflicts a traumatic injury on any other household member is guilty of a felony," punishable by up to 10 years in state prison, a fine of up to $10,000, or both (18-918(2)).
• Misdemeanor domestic assault and battery. An assault or battery against a household member "that does not result in traumatic injury" is a misdemeanor. A first conviction carries a fine of up to $1,000, up to 1 year in county jail, or both; the statute sets a higher maximum fine of $2,000 for a second conviction within 10 years; and a person with two prior violations of the subsection within 15 years of the first conviction is guilty of a felony punishable by up to 5 years, a fine of up to $5,000, or both (18-918(3)).
• Presence of a child. Under 18-918(4), "The maximum penalties provided in this section shall be doubled where the act of domestic assault or battery for which the person is convicted or pleads guilty took place in the presence of a child." The subsection defines "in the presence of a child" as in the physical presence of a child, or knowing that a child is present and may see or hear the act, and "child" as a person under 16.
• Repeat felony. A person previously convicted of felony domestic violence under 18-918, attempted strangulation under 18-923, or a substantially conforming out-of-state felony, who within 15 years is convicted of any further violation of 18-918, is guilty of a felony punishable by up to 20 years in state prison, a fine of up to $10,000, or both (18-918(5)).

Attempted strangulation reaches further than the household-member definition. Idaho Code 18-923(1) makes it a felony, punishable by up to 15 years, to willfully and unlawfully choke or attempt to strangle "a household member, or a person with whom he or she has or had a dating relationship." Subsection (2) provides that "No injuries are required to prove attempted strangulation," and subsection (3) that "The only intent required is the intent to choke or attempt to strangle." The maximum penalties double when the act takes place in the presence of a child under 16 (18-923(8)), and a further conviction within 15 years after a prior attempted strangulation or felony domestic violence conviction (or a substantially conforming out-of-state felony) carries up to 20 years in state prison, a fine of up to $10,000, or both (18-923(7)).

When a person is charged with or convicted of assault, battery, domestic violence or another listed offense, the court may issue a no contact order. Violating it is punishable by a fine of up to $1,000, up to 1 year in county jail, or both, and a person with two prior violations within five years of the first conviction is guilty of a felony punishable by up to 5 years, a fine of up to $5,000, or both (Idaho Code 18-920).

Under federal law, a conviction for a misdemeanor crime of domestic violence bars possessing a firearm or ammunition (18 U.S.C. 922(g)(9)); the assault and battery laws hub covers the federal layer. Protection orders are covered in Idaho restraining order laws.

Recent changes

The domestic violence section (18-918) and the attempted strangulation section (18-923) were last amended in 2024 (2024 Session Laws chapters 163 and 261). In 2025, House Bill 206 (2025 Session Laws chapter 94) amended 18-915 "to provide a correct code reference" for the licensing chapter that governs emergency medical services personnel. No 2026 act amended chapter 9.

Civil lawsuits for assault and battery

A criminal prosecution and a civil lawsuit are separate proceedings. Idaho Code 5-219(5) sets a two-year period for "An action for libel, slander, assault, battery, false imprisonment or seduction." The period generally does not run while the injured person is under 18 or insane, but tolling for minority or incompetency cannot exceed six years (Idaho Code 5-230), and a claim against a person who injured a child as defined in Idaho Code 18-1501 may be brought within five years after the child turns 18, or within five years of when the child discovers or reasonably should have discovered the abuse and its connection to the injury, whichever is later (Idaho Code 6-1701, 6-1704). Other filing deadlines are collected in our guide to the Idaho statute of limitations.

Related legal issues

Self-defense and defense of others are justifications with their own rules; see Idaho self-defense laws rather than this page. For protection orders after an assault, battery or threat, see Idaho restraining order laws. For clearing a past record, see Idaho expungement laws.

Related pages

• Assault and battery laws by state
• Idaho self-defense laws
• Idaho restraining order laws
• Idaho expungement laws
• Idaho statute of limitations
• Washington assault and battery laws
• Oregon assault and battery laws

This article provides general legal information about Idaho assault and battery statutes as of 2026-10-13. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Idaho.

Last updated: 2026-10-13.

Frequently Asked Questions

What is the difference between assault and battery in Idaho?

Idaho defines them separately. Assault under Idaho Code 18-901 is an unlawful attempt, with apparent ability, to commit a violent injury, or an intentional, unlawful threat of violence with apparent ability plus an act creating a well-founded fear that violence is imminent; battery under 18-903 is unlawful force or violence, an intentional and unlawful touching or striking against the other person's will, or intentionally causing bodily harm.

Is assault a felony in Idaho?

Simple assault is not: Idaho Code 18-902 limits it to a fine of up to $1,000, up to 3 months in county jail, or both. Aggravated assault, with a deadly weapon or instrument, by force likely to produce great bodily harm or with a corrosive chemical, is punishable by up to 5 years in state prison, a fine of up to $5,000, or both (18-905, 18-906).

What is the penalty for battery in Idaho?

Simple battery is punishable by a fine of up to $1,000, up to 6 months in county jail, or both, or up to 1 year when the victim is pregnant and the person knows it (Idaho Code 18-904). Aggravated battery, such as a battery causing great bodily harm or committed with a deadly weapon, is punishable by up to 15 years in state prison (18-907, 18-908).

What happens if you assault a police officer in Idaho?

Under Idaho Code 18-915(1), a chapter 9 crime against a peace officer, when the person knows or has reason to know the victim's status, carries double the punishment of the underlying section, except as provided in subsections (2) and (3). A battery on a peace officer, sheriff or police officer, other than an unlawful touching under 18-903(b), committed because of the officer's duty or status, or while the officer is performing duties and the person knows or reasonably should know the victim is a peace officer, sheriff or police officer, is a felony punishable by up to 5 years, served consecutively to any current sentence (18-915(3)).

Is it a felony to hit a nurse or hospital worker in Idaho?

A battery on a person licensed, certified or registered by Idaho to provide health care, or on an employee of a hospital, medical clinic or medical practice, while the victim is performing his or her duties or because of the victim's professional or employment status, is punishable by up to 3 years in state prison (Idaho Code 18-915C).

Is domestic battery a felony in Idaho?

It is when the battery inflicts a traumatic injury, defined as a wound or external or internal injury of a minor or serious nature caused by physical force, by one household member on another: felony domestic battery is punishable by up to 10 years, a fine of up to $10,000, or both (Idaho Code 18-918(2)). Without traumatic injury it is a misdemeanor (a third violation within 15 years is a felony), the maximum penalties double when the act takes place in the presence of a child under 16, and a further violation within 15 years after a prior felony domestic violence or attempted strangulation conviction carries up to 20 years (18-918(3)-(5)).

How long do you have to sue for assault or battery in Idaho?

Idaho Code 5-219(5) requires an action for assault or battery to be brought within two years; separate rules apply to minors and child-abuse claims (Idaho Code 5-230, 6-1704).