18-4001. MURDER DEFINED. Murder is the unlawful killing of a human being including, but not limited to, a human embryo or fetus, with malice aforethought or the intentional application of torture to a human being, which results in the death of a human being. Torture is the intentional infliction of extreme and prolonged pain with […]
18-4002. EXPRESS AND IMPLIED MALICE. Such malice may be express or implied. It is express when there is manifested a deliberate intention unlawfully to take away the life of a fellow creature. It is implied when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart. History: [18-4002, […]
18-4003. DEGREES OF MURDER. (a) All murder which is perpetrated by means of poison, or lying in wait, or torture, when torture is inflicted with the intent to cause suffering, to execute vengeance, to extort something from the victim, or to satisfy some sadistic inclination, or which is perpetrated by any kind of willful, deliberate […]
18-4004. PUNISHMENT FOR MURDER. Subject to the provisions of sections 19-2515 and 19-2515A, Idaho Code, every person guilty of murder of the first degree shall be punished by death or by imprisonment for life, provided that a sentence of death shall not be imposed unless the prosecuting attorney filed written notice of intent to seek […]
18-4004A. NOTICE OF INTENT TO SEEK DEATH PENALTY. (1) A sentence of death shall not be imposed unless the prosecuting attorney filed written notice of intent to seek the death penalty with the court and served the notice upon the defendant or his attorney of record no later than sixty (60) days after entry of […]
18-4005. PETIT TREASON ABOLISHED. The rules of the common law, distinguishing the killing of a master by his servant, and of a husband by his wife, as petit treason, are abolished, and these offenses are homicides, punishable in the manner prescribed by this chapter. History: [18-4005, added 1972, ch. 336, sec. 1, p. 928.]
18-4006. MANSLAUGHTER DEFINED. Manslaughter is the unlawful killing of a human being including, but not limited to, a human embryo or fetus, without malice. It is of three (3) kinds: (1) Voluntary — upon a sudden quarrel or heat of passion. (2) Involuntary — in the perpetration of or attempt to perpetrate any unlawful act, […]
18-4007. PUNISHMENT FOR MANSLAUGHTER. Manslaughter is punishable as follows: (1) Voluntary — by a fine of not more than fifteen thousand dollars ($15,000), or by a sentence to the custody of the state board of correction not exceeding fifteen (15) years, or by both such fine and imprisonment. (2) Involuntary — by a fine of […]
18-4009. JUSTIFIABLE HOMICIDE BY ANY PERSON. (1) Homicide is justifiable when committed by any person in any of the following cases: (a) When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person; (b) When committed in defense of habitation, a place of […]
18-4011. JUSTIFIABLE HOMICIDE BY OFFICER. Homicide is justifiable when committed by public officers and those acting by their command in their aid and assistance, either: 1. In obedience to any judgment of a competent court; or 2. When reasonably necessary in overcoming actual resistance to the execution of some legal process, or in the discharge […]
18-4012. EXCUSABLE HOMICIDE. Homicide is excusable in the following cases: 1. When committed by accident and misfortune in doing any lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent. 2. When committed by accident and misfortune, in the heat of passion, upon any sudden and sufficient provocation, or upon […]
18-4013. DISCHARGE OF DEFENDANT WHEN HOMICIDE JUSTIFIABLE OR EXCUSABLE. The homicide appearing to be justifiable or excusable, the person indicted must, upon his trial, be fully acquitted and discharged. History: [18-4013, added 1972, ch. 336, sec. 1, p. 931.]
18-4014. ADMINISTERING POISON WITH INTENT TO KILL. Every person who, with intent to kill, administers or causes or procures to be administered, to another, any poison or other noxious or destructive substance or liquid, but by which death is not caused, is punishable by imprisonment in the state prison not less than ten (10) years, […]
18-4015. ASSAULT WITH INTENT TO MURDER. Every person who assaults another with intent to commit murder, is punishable by imprisonment in the state prison not less than one (1) nor more than fourteen (14) years. History: [18-4015, added 1972, ch. 336, sec. 1, p. 931.]
18-4016. DEFINITION OF HUMAN EMBRYO AND FETUS — PROHIBITING THE PROSECUTION OF CERTAIN PERSONS. (1) For purposes of this chapter "embryo" or "fetus" shall mean any human in utero. (2) Nothing in this chapter, arising from the killing of an embryo or fetus, shall be construed to permit the prosecution: (a) Of any person for […]
18-4017. CAUSING A SUICIDE — ASSISTING IN A SUICIDE — INJUNCTIVE RELIEF — REVOCATION OF LICENSE — EXCEPTIONS. (1) A person is guilty of a felony if such person, with the purpose of assisting another person to commit or to attempt to commit suicide, knowingly and intentionally either: (a) Provides the physical means by which […]
