{"id":"DUT-ID-018","kind":"duty","level":"state","jurisdiction":"Idaho","state":"ID","metro":"","industry":"","agency":"","eco":"","issuer":"Idaho Legislature (Idaho Code tit. 6, ch. 16)","authority":"Idaho Const. art. III; enacted 1987 Idaho Sess. Laws ch. 278; amended 1990 ch. 105, 2008 ch. 83, 2017 ch. 58, 2020 ch. 294","instrument":"Idaho Code section 6-1601 (definitions; text as captured Sept. 19, 2020)","title":"Definitions: \u0027willful or reckless misconduct\u0027","dateIssued":"2020-07-01","effective":"standing; the definition incorporated by Idaho Code § 6-3403(2) (Ex. DUT-ID-016)","end":"standing","startDate":"2020-07-01","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["OTHER"],"addressees":["persons generally (through § 6-3403(2))"],"clause":"(10) \u0022Willful or reckless misconduct\u0022 means conduct in which a person makes a conscious choice as to the person\u0027s course of conduct under circumstances in which the person knows or should know that such conduct both creates an unreasonable risk of harm to another and involves a high probability that such harm will actually result.","enforcement":"Loss of immunity under § 6-3403(2); ordinary civil liability","functions":[],"notes":"Supplied the standard that bounds the coronavirus immunity: a person who makes a conscious choice of conduct knowing or having reason to know that the conduct creates the harm and involves a high probability of it is outside the shield; the governmental orders, protocols and CDC guidance of record fix what an Idaho employer \u0027knows or should know\u0027.","sourceUrl":"https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH16/SECT6-1601/","snapshot":"http://web.archive.org/web/20200919100022/https://legislature.idaho.gov/statutesrules/idstat/title6/t6ch16/sect6-1601/","fileExists":true,"fileBytes":103460,"grade":"primary","character":"liability_shield_condition","description":"","collection":"DUT-ID","url":"/library/DUT-ID-018","exhibitUrl":"/exhibit/DUT-ID-018","citation":"Idaho Legislature (Idaho Code tit. 6, ch. 16), Idaho Code section 6-1601 (definitions; text as captured Sept. 19, 2020) (standing) (Ex. DUT-ID-018)","stateName":"Idaho","related":["DUT-ID-016"]}