Idaho - First Degree Murder with 16 Aggravating Factors
Title 18, Ch. 40, Sec. 18-4003 and Sec. 18-4004


TITLE 18
CRIMES AND PUNISHMENTS
CHAPTER 40
HOMICIDE
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 and premeditated killing is murder of the first degree.

(b)  Any 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, and was known or should have been known by the perpetrator of the murder to be an officer so acting, shall be murder of the first degree.

(c)  Any murder 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, shall be murder of the first degree.

(d)  Any murder committed in the perpetration of, or attempt to perpetrate, aggravated battery on a child under twelve (12) years of age, arson, rape, robbery, burglary, kidnapping or mayhem, or an act of terrorism, as defined in section 18-8102, Idaho Code, or the use of a weapon of mass destruction, biological weapon or chemical weapon, is murder of the first degree.

(e)  Any murder committed by a person incarcerated in a penal institution upon a person employed by the penal institution, another inmate of the penal institution or a visitor to the penal institution shall be murder of the first degree.

(f)  Any murder committed by a person while escaping or attempting to escape from a penal institution is murder of the first degree.

(g)  All other kinds of murder are of the second degree.

History:
[18-4003, added 1972, ch. 336, sec. 1, p. 928; am. 1973, ch. 276, sec. 1, p. 588; am. 1977, ch. 154, sec. 2, p. 390; am. 1991, ch. 227, sec. 1, p. 546; am. 2002, ch. 222, sec. 4, p. 627.]


TITLE 18
CRIMES AND PUNISHMENTS
CHAPTER 40
HOMICIDE
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 the death penalty as required under the provisions of section 18-4004A, Idaho Code, and provided further that whenever the death penalty is not imposed the court shall impose a sentence. If a jury, or the court if a jury is waived, finds a statutory aggravating circumstance beyond a reasonable doubt but finds that the imposition of the death penalty would be unjust, the court shall impose a fixed life sentence. If a jury, or the court if a jury is waived, does not find a statutory aggravating circumstance beyond a reasonable doubt or if the death penalty is not sought, the court shall impose a life sentence with a minimum period of confinement of not less than ten (10) years during which period of confinement the offender shall not be eligible for parole or discharge or credit or reduction of sentence for good conduct, except for meritorious service. Every person guilty of murder of the second degree is punishable by imprisonment not less than ten (10) years and the imprisonment may extend to life.


Source: Idaho Legislature, "Idaho Statutes," www.legislature.idaho.gov (accessed Aug. 15, 2012)