TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 9

ASSAULT AND BATTERY

18-907.  Aggravated battery defined. (1) A person commits aggravated battery who, in committing battery:

(a)  Causes great bodily harm, permanent disability or permanent disfigurement; or

(b)  Uses a deadly weapon or instrument; or

(c)  Uses any vitriol, corrosive acid, or a caustic chemical of any nature; or

(d)  Uses any poison or other noxious or destructive substance or liquid; or

(e)  Upon the person of a pregnant female, causes great bodily harm, permanent disability or permanent disfigurement to an embryo or fetus.

(2)  For purposes of this section the terms "embryo" or "fetus" shall mean any human in utero.

(3)  There shall be no prosecution under subsection (1)(e) of this section:

(a)  Of any person for conduct relating to an abortion for which the consent of the pregnant female, or person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law.

(b)  Of any person for any medical treatment of the pregnant female or her embryo or fetus; or

(c)  Of any female with respect to her embryo or fetus.

(4)  Nothing in this chapter is intended to amend or nullify the provisions of chapter 6, title 18, Idaho Code.

History:

[18-907, added 1979, ch. 227, sec. 2, p. 625; am. 2002, ch. 330, sec. 4, p. 936; am. 2002, ch. 337, sec. 2, p. 954.]