Idaho Statutes §18-4001: Murder Defined

Idaho Statutes §18-4003: Degrees Of Murder

Murder is 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.

A murder is considered second-degree murder in Idaho if it is a murder that does not qualify for Idaho first-degree murder.

A murder qualifies as Idaho first-degree murder if:

• The murder is perpetrated by means of poison, or lying in wait, or torture, or which is perpetrated by any kind of willful, deliberate and premeditated killing;

• It is a 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 is committed in the perpetration of, or attempt to perpetrate, aggravated battery on a child under 12 years of age, arson, rape, robbery, burglary, kidnapping or mayhem, an act of terrorism, or the use of a weapon of mass destruction, biological weapon or chemical weapon.

• The murder is 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 is committed by a person while escaping or attempting to escape from a penal institution.

According to Idaho second degree murder laws, every person guilty of murder of the second degree is punishable by a minimum of 10 years and up to life in prison