State v. Larsen

The State of Idaho appeals from the appellate decision of the district court affirming the magistrate’s dismissal of the felony domestic violence charge filed against Steven Gregory Larsen. The state seeks a ruling on the constitutionality of the felony domestic violence statute, I.C. § 18-918(3), as it existed prior to its amendment by the legislature in 2000. See 2000 Idaho Sess. Laws, eh. 358, p. 1193. We hold that the statute, as it applies to the charge in this case, is constitutional.

I

FACTS AND PROCEDURAL BACKGROUND

On October 7, 1998, Steven Larsen and Leah Larsen were living together…