Murder in Idaho law

Murder in Idaho constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Idaho.

The United States Centers for Disease Control and Prevention reported that in the year 2021, the state had a murder rate somewhat below the median for the entire country.[1]

Definitions

Idaho has three homicide offenses in total, including the two degrees of murder. The most serious form of homicide, first-degree murder, constitutes the unlawful killing of a human being with malice aforethought or the intentional application of torture to a human being, which results in the death of a human being, with one of the following circumstances present:

  • The murder was perpetrated by means of poison, lying in wait, torture, or willful, deliberate, or was premeditated.
  • It was the murder of any peace officer, executive officer, officer of the court, fireman, judicial officer, or prosecuting attorney who was acting in the lawful discharge of an official duty.
  • The murder is committed by a person under a sentence for murder of the first or second degree, including such persons on parole or probation from such sentence.
  • The murder was committed by a person incarcerated in a prison upon a person employed by the prison, another inmate of the prison or a visitor to the prison.
  • The murder was committed by a person while escaping or attempting to escape from a penal institution.

Second-degree murder constitutes the unlawful killing of a human being with malice aforethought or the intentional application of torture to a human being without any of the above circumstances present.[2][3]

First-degree murder is punishable by life in prison with the possibility of parole after at least 10 years, life-without-parole, or death. Second-degree murder is punished by 10 years to life-without-parole.[2][3][4]

Penalties

The sentences for homicide offenses in Idaho are listed below.

Offense Mandatory sentence
Manslaughter Up to 10 years in prison
Second-degree murder 10 years to life-without-parole
First-degree murder

References
  1. "National Center for Health Statistics: Homicide Mortality by State". Centers for Disease Control and Prevention. February 16, 2021. Retrieved March 15, 2023.
  2. "Idaho First-Degree Murder". Findlaw. Retrieved May 28, 2023.
  3. "Idaho Second-Degree Murder". Findlaw. Retrieved May 28, 2023.
  4. "Section 18-4004 – Idaho State Legislature". Retrieved May 28, 2023.
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