Idaho § 18-614 DEFENSES TO PROSECUTION

Idaho Statutes

§ 18-614 — DEFENSES TO PROSECUTION

Idaho § 18-614

Title 18CRIMES AND PUNISHMENTS

Ch. 6ABORTION AND CONTRACEPTIVES

This text of Idaho § 18-614 (DEFENSES TO PROSECUTION) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Idaho Code § 18-614 (2026).

Text

(1)No physician shall be subject to criminal or administrative liability for causing or performing an abortion upon a minor in violation of subsection (1) of section 18-609A, Idaho Code, if prior to causing or performing the abortion the physician obtains either positive identification or other documentary evidence from which a reasonable person would have concluded that the woman seeking the abortion was either an emancipated minor or was not then a minor and if the physician retained, at the time of receiving the evidence, a legible photocopy of such evidence in the physician’s office file for the woman.

(2)For purposes of this section, "positive identification" means a lawfully issued state, district, territorial, possession, provincial, national or other equivalent government driver’

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(1) No physician shall be subject to criminal or administrative liability for causing or performing an abortion upon a minor in violation of subsection (1) of section 18-609A, Idaho Code, if prior to causing or performing the abortion the physician obtains either positive identification or other documentary evidence from which a reasonable person would have concluded that the woman seeking the abortion was either an emancipated minor or was not then a minor and if the physician retained, at the time of receiving the evidence, a legible photocopy of such evidence in the physician’s office file for the woman.
(2) For purposes of this section, "positive identification" means a lawfully issued state, district, territorial, possession, provincial, national or other equivalent government driver’s license, identification card or military card, bearing the person’s photograph and date of birth, the person’s valid passport or a certified copy of the person’s birth certificate.

Planned Parenthood of Idaho, Inc. Glenn H. Weyhrich, M.D. v. Lawrence Wasden, Attorney General of the State of Idaho Greg Bower, Ada County Prosecuting Attorney, Planned Parenthood of Idaho, Inc. Glenn H. Weyhrich, M.D. v. Lawrence Wasden, Attorney General of the State of Idaho Greg Bower, Ada County Prosecuting Attorney

376 F.3d 908 (Ninth Circuit, 2004)

1 case citations

Planned Parenthood Great Northwest v. State

(Idaho Supreme Court, 2023)