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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
ACT
1
RELATING
TO
THE
PREVENTION
OF
PUBLIC
OFFENSES;
AMENDING
SECTION
19
-
202,
2
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
RESISTANCE
BY
A
THREATENED
3
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
hereby
6
amended
to
read
as
follows:
7
19
-
202.
RESISTANCE
BY
THREATENED
PARTY.
(1)
Resistance
sufficient
to
8
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
some
10
member
thereof;
or
1
1
(b)
To
prevent
an
illegal
attempt
by
force
to
take
or
injure
property
in
12
his
lawful
possession.
13
(2)
The
defensive
display
or
declaration
of
a
firearm
by
a
person
is
14
justified
when
and
to
the
extent
a
reasonable
person
would
believe
that
15
physical
force
is
necessary
to
protect
the
person
or
another
person
against
16
the
use
or
attempted
use
of
unlawful
physical
force,
including
deadly
force.
17
The
provisions
of
this
subsection
do
not
apply
to
someone
who
intentionally
18
provokes
another
person
to
use
or
attempt
to
use
unlawful
physical
force
or
19
deadly
physical
force.
For
purposes
of
this
section,
"defensive
display
or
20
declaration
of
a
firearm"
shall
include:
21
(a)
Verbally
informing
another
person
that
the
person
possesses
or
has
22
available
a
firearm;
and
23
(b)
Exposing
,
or
displaying
,
or
placing
a
person's
hand
on
a
firearm
24
while
the
firearm
is
contained
in
a
holster,
pocket,
purse,
or
other
25
means
of
containment
or
transport
in
a
manner
that
a
reasonable
person
26
would
understand
was
meant
to
protect
the
person
or
another
against
27
an
unlawful
use
or
attempted
use
of
physical
force
or
deadly
physical
28
force.
a
firearm
outside
of
its
container
or
holster;
and
29
(c)
Placing
a
person's
hand
on
a
firearm
while
the
firearm
is
contained
30
in
a
holster,
pocket,
purse,
or
other
means
of
containment
or
transport
31
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
of
33
physical
force
or
deadly
physical
force.
34
(3)
The
provisions
of
this
section
do
not
require
a
defensive
display
35
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
person
37
who
is
otherwise
justified
in
the
use
or
threatened
use
of
physical
force
or
38
deadly
physical
force.
39
(4)
A
person
acting
pursuant
to
this
section
may
use
such
degree
and
40
extent
of
force
as
would
appear
to
be
reasonably
necessary
to
prevent
the
41
threatened
injury.
Reasonableness
is
to
be
judged
from
the
viewpoint
of
a
42
2
reasonable
person
placed
in
the
same
position
and
seeing
and
knowing
what
the
1
person
then
saw
and
knew
without
the
benefit
of
hindsight.
2
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
3
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
4
July
1,
2026.
5