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Idaho Code § 18-7902

Malicious harassment defined — Prohibited

Applied in 5 court decisions — leading case State v. David Pomianek, Jr. (072293) (2015)

Most recently applied in State v. David Pomianek, Jr. (072293) (March 2015)

I.C., § 18-7902, as added by 1983, ch. 110, § 2, p. 236.

How often courts cite this section

20042010201520
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

It shall be unlawful for any person, maliciously and with the specific intent to intimidate or harass another person because of that person’s race, color, religion, ancestry, or national origin, to:

(1) Cause physical injury to another person; or

(2) Damage, destroy, or deface any real or personal property of another person; or

(3) Threaten, by word or act, to do the acts prohibited if there is reasonable cause to believe that any of the acts described in subsections (a) and (b) of this section will occur.

For purposes of this section, “deface” shall include, but not be limited to, cross-burnings or the placing of any word or symbol commonly associated with racial, religious or ethnic terrorism on the property of another person without his or her permission.

Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.