ID · jury_instructions
ICJI 910
Defense: Victim as Spouse of Defendant
ICJI 910 DEFENSE: VICTIM AS SPOUSE OF DEFENDANT
You may not find the defendant guilty of rape unless you find beyond a reasonable doubt that at the time of such alleged offense the defendant and [name of victim] were not married.
Comment
That the defendant and the victim were married is an affirmative defense that may be raised in certain circumstances. State v. Huggins, 105 Idaho 43, 665 P.2d 1053 (1983). This instruction should be given only if such defense has been raised by the defendant and is applicable under IC � 18-6107.
This instruction should not be given in a spousal rape case. I.C. � 18-6101(3) or (4).
Provenance
- Source
- isc.idaho.gov
- Retrieved
- 2026-08-21
- Edition
- 2026-08-20
- Content hash
b46794f1711f66a8d648a005edbeb2acc1f5baa53c444f646019a4f9721a1790
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.