# Idaho Code § 18-4009: 18-4009 JUSTIFIABLE HOMICIDE BY ANY PERSON > Idaho · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C40_S18-4009 ## Section - **Citation:** Idaho Code § 18-4009 - **Heading:** 18-4009 JUSTIFIABLE HOMICIDE BY ANY PERSON - **Jurisdiction:** Idaho - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Idaho Code / Title 18 / Chapter 40 / Section 18-4009 ## Text 18-4009. Justifiable homicide by any person. (1) Homicide is justifiable when committed by any person in any of the following cases: (a) When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person; (b) When committed in defense of habitation, a place of business or employment, occupied vehicle, property or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony, or against one who manifestly intends and endeavors, in a violent, riotous or tumultuous manner, to enter the habitation, place of business or employment or occupied vehicle of another for the purpose of offering violence to any person therein; (c) When committed in the lawful defense of such person, or of a wife or husband, parent, child, master, mistress or servant of such person, when there is reasonable ground to apprehend a design to commit a felony or to do some great bodily injury, and imminent danger of such design being accomplished; but such person, or the person in whose behalf the defense was made, if he was the assailant or engaged in mortal combat, must really and in good faith have endeavored to decline any further struggle before the homicide was committed; or (d) When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed, or in lawfully suppressing any riot, or in lawfully keeping and preserving the peace. (2) For purposes of subsection (1)(b) of this section, a person who unlawfully and by force or by stealth enters or attempts to enter a habitation, place of business or employment or occupied vehicle is presumed to be doing so with the intent to commit a felony. (3) For purposes of this section: (a) "Habitation" means any building, inhabitable structure or conveyance of any kind, whether the building, inhabitable structure or conveyance is temporary or permanent, mobile or immobile, including a tent, and is designed to be occupied by people lodging therein at night, and includes a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest, and includes the curtilage of any such dwelling. (b) "Place of business or employment" means a commercial enterprise or establishment owned by a person as all or part of the person's livelihood or is under the owner's control or under control of an employee or agent of the owner with responsibility for protecting persons and property and shall include the interior and exterior premises of the place of business or employment. (c) "Vehicle" means any motorized vehicle that is self-propelled and designed for use on public highways to transport people or property. History: [18-4009, added 1972, ch. 336, sec. 1, p. 930; am. 2018, ch. 222, sec. 1, p. 500.] ## Nearby sections - [Idaho Code § 18-4001 18-4001 MURDER DEFINED.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C40_S18-4001.md) - [Idaho Code § 18-4002 18-4002 EXPRESS AND IMPLIED MALICE.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C40_S18-4002.md) - [Idaho Code § 18-4003 18-4003 DEGREES OF MURDER.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C40_S18-4003.md) - [Idaho Code § 18-4004 18-4004 PUNISHMENT FOR MURDER.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C40_S18-4004.md) - [Idaho Code § 18-4004A 18-4004A NOTICE OF INTENT TO SEEK DEATH PENALTY.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C40_S18-4004A.md) - [Idaho Code § 18-4005 18-4005 PETIT TREASON ABOLISHED.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C40_S18-4005.md) - [Idaho Code § 18-4006 18-4006 MANSLAUGHTER DEFINED.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C40_S18-4006.md) - [Idaho Code § 18-4007 18-4007 PUNISHMENT FOR MANSLAUGHTER.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C40_S18-4007.md) - [Idaho Code § 18-4009 18-4009 JUSTIFIABLE HOMICIDE BY ANY PERSON.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C40_S18-4009.md) - [Idaho Code § 18-4011 18-4011 JUSTIFIABLE HOMICIDE BY OFFICER.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C40_S18-4011.md) - [Idaho Code § 18-4012 18-4012 EXCUSABLE HOMICIDE.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C40_S18-4012.md) - [Idaho Code § 18-4013 18-4013 DISCHARGE OF DEFENDANT WHEN HOMICIDE JUSTIFIABLE OR EXCUSABLE.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C40_S18-4013.md) - [Idaho Code § 18-4014 18-4014 ADMINISTERING POISON WITH INTENT TO KILL.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C40_S18-4014.md) - [Idaho Code § 18-4015 18-4015 ASSAULT WITH INTENT TO MURDER.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C40_S18-4015.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C40_S18-4009. 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