Amends existing law to revise provisions regarding resistance by a threatened party.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1295 BY STATE AFFAIRS COMMITTEE AN ACT1 RELATING TO THE PREVENTION OF PUBLIC OFFENSES; AMENDING SECTION 19-202,2 IDAHO CODE, TO REVISE PROVISIONS REGARDING RESISTANCE BY A THREATENED3 PARTY; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.4

Be It Enacted by the Legislature of the State of Idaho:5

SECTION 1. That Section 19-202, Idaho Code, be, and the same is hereby6 amended to read as follows:7 19-202. RESISTANCE BY THREATENED PARTY. (1) Resistance sufficient to8 prevent the offense may be made by the person about to be injured:9 (a) To prevent an offense against his person, or his family, or some10 member thereof; or11 (b) To prevent an illegal attempt by force to take or injure property in12 his lawful possession.13 (2) The defensive display or declaration of a firearm by a person is14 justified when and to the extent a reasonable person would believe that15 physical force is necessary to protect the person or another person against16 the use or attempted use of unlawful physical force, including deadly force.17 The provisions of this subsection do not apply to someone who intentionally18 provokes another person to use or attempt to use unlawful physical force or19 deadly physical force. For purposes of this section, "defensive display or20 declaration of a firearm" shall include:21 (a) Verbally informing another person that the person possesses or has22 available a firearm; and23 (b) Exposing, or displaying, or placing a person's hand on a firearm24 while the firearm is contained in a holster, pocket, purse, or other25 means of containment or transport in a manner that a reasonable person26 would understand was meant to protect the person or another against27 an unlawful use or attempted use of physical force or deadly physical28 force. a firearm outside of its container or holster; and29 (c) Placing a person's hand on a firearm while the firearm is contained30 in a holster, pocket, purse, or other means of containment or transport31 in a manner that a reasonable person would understand was meant to pro-32 tect the person or another against an unlawful use or attempted use of33 physical force or deadly physical force.34 (3) The provisions of this section do not require a defensive display35 or declaration of a firearm before the use of physical force or deadly physi-36 cal force, or threat of physical force or deadly physical force, by a person37 who is otherwise justified in the use or threatened use of physical force or38 deadly physical force.39 (4) A person acting pursuant to this section may use such degree and40 extent of force as would appear to be reasonably necessary to prevent the41 threatened injury. Reasonableness is to be judged from the viewpoint of a42

2 reasonable person placed in the same position and seeing and knowing what the1 person then saw and knew without the benefit of hindsight.2

SECTION 2. An emergency existing therefor, which emergency is hereby3 declared to exist, this act shall be in full force and effect on and after4 July 1, 2026.5