Idaho § 6-3805 - AFFIRMATIVE DEFENSES
Full text of Idaho Idaho Statutes § 6-3805 — AFFIRMATIVE DEFENSES, with citation guidance and answers to common questions.
§ 6-3805. AFFIRMATIVE DEFENSES
(1) A defendant against whom an action is brought under section 6-3804 , Idaho Code, may assert an affirmative defense to liability under this section if:
(a) The imposition of civil liability on the defendant will violate constitutional or federally protected rights that belong to the defendant personally; or
(b) The defendant:
(i) Has standing to assert the rights of a third party under the tests for third-party standing established by the supreme court of the United States; and
(ii) Demonstrates that the imposition of civil liability on the defendant will violate constitutional or federally protected rights belonging to that third party.
(2) The defendant shall bear the burden of proving the affirmative defense that is provided for in subsection (1) of this section by a preponderance of the evidence.
(3) Nothing in this chapter shall limit or preclude a defendant from asserting the unconstitutionality of any provision or application of Idaho law as a defense to liability under section 6-3804 , Idaho Code, or from asserting any other defense that might be available under any other source of law.
[6-3805, added 2024, ch. 113, sec. 1, p. 491.]
Frequently Asked Questions About Idaho § 6-3805
What does Idaho Statutes § 6-3805 cover?
Section 6-3805 ("AFFIRMATIVE DEFENSES") is part of the Idaho Statutes, the codified statutory law of Idaho. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Idaho § 6-3805?
A common citation format is "Idaho Statutes § 6-3805" (Idaho). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Idaho law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Idaho official source linked on this page or consult a licensed Idaho attorney.
How does Idaho § 6-3805 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Idaho can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Idaho.