Idaho Code
Idaho Code § 18-4003 (2026)
Degrees of murder.
✓ current as of May 2026
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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.
Notes of Decisions
Cited in 130
cases (8 in the last 5 years), 1953–2026 · leading case: State v. Pratt, 873 P.2d 800 (Idaho 1993).
State v. Pratt, 873 P.2d 800 (Idaho 1993). “Pratt contends that the murder of Brent Jacobson did not occur "in the perpetration of, or attempt to perpetrate" the robbery, burglary, and kidnapping that had occurred earlier at or near the residence of Louise Turner, i.e., that the murder of Brent Jacobson did not constitute…”
State v. Pina, 233 P.3d 71 (Idaho 2010). “" I.C. § 18-4003(d). It is clear and unambiguous that the sole purpose of the felony murder rule as adopted by the Idaho legislature was to raise a killing from second-degree murder to first degree solely due to the death occurring during perpetration of the enumerated felonies.”
State v. Erik Virgil Hall, 419 P.3d 1042 (Idaho 2018). “2d 702 , 716–17 (1998) and concluded that “[t]he Idaho Legislature has narrowed the class of murders that may be punished by death in I.C. §§ 18-4003 and 18-4004. The fact that the .”
State v. Pratt, 873 P.2d 848 (Idaho 1994). “1 and I.C. §§ 18-4003(b), 19-510 and 19-5101(d).”
State v. Lankford, 781 P.2d 197 (Idaho 1989). “Supreme Court interpretation of the federal Constitution, the Idaho Legislature enacted in 1973 our present death penalty Section 18-4003 and 18-4004, Idaho Code. Then, last year, the United States Supreme court again changed the rules relating to capital punishment after many…”
State v. Wood, 967 P.2d 702 (Idaho 1998). “The Idaho Legislature has narrowed the class of murders that may be punished by death in I.C. §§ 18-4003 and 18-4004. [2] The fact that the (g)(7) aggravator in I.”
State v. Adamcik, 272 P.3d 417 (Idaho 2012). “Prior to 1977, I.C. § 18-4003 read, in part, "DEGREES OF MURDER.”
State v. Windsor, 716 P.2d 1182 (Idaho 1985). “(3) The murder was one defined as murder of the first degree by Section 18-4003, Idaho Code, and was accompanied with the specific intent to cause the death of a human being (No.”
State v. Dunlap, 873 P.2d 784 (Idaho 1993). “Under this interpretation, an abandoned and malignant heart killing is murder although there is no premeditated intent to kill.”
State v. Stuart, 715 P.2d 833 (Idaho 1986). “" I.C. § 18-4003 places murder by torture, as defined in I.”
State v. Pizzuto, 810 P.2d 680 (Idaho 1991). “Idaho Code § 18-4003 defines degrees of murder and provides in pertinent part: 18-4003.”
State v. Lankford, 747 P.2d 710 (Idaho 1987). “I.C. § 18-4003. Proof that the murder occurred during the commission of a robbery merely is a substitute for specific proof of premeditation on the theory that one who prepares for a robbery by making arrangements to use deadly force is guilty of acts as culpable as, and…”
— Idaho Code § 18-4003(a) — 26 cases
State v. Daniel Edward Ehrlick, Jr., 354 P.3d 462 (Idaho 2015).
State v. Adamcik, 272 P.3d 417 (Idaho 2012). “Prior to 1977, I.C. § 18-4003 read, in part, "DEGREES OF MURDER.”
State v. Wood, 967 P.2d 702 (Idaho 1998). “The Idaho Legislature has narrowed the class of murders that may be punished by death in I.C. §§ 18-4003 and 18-4004. [2] The fact that the (g)(7) aggravator in I.”
Sheahan v. State, 190 P.3d 920 (Idaho Ct. App. 2008).
State v. Sheahan, 77 P.3d 956 (Idaho 2003).
— Idaho Code § 18-4003(b) — 12 cases
State v. Pratt, 873 P.2d 800 (Idaho 1993). “Pratt contends that the murder of Brent Jacobson did not occur "in the perpetration of, or attempt to perpetrate" the robbery, burglary, and kidnapping that had occurred earlier at or near the residence of Louise Turner, i.e., that the murder of Brent Jacobson did not constitute…”
State v. Pratt, 873 P.2d 848 (Idaho 1994). “1 and I.C. §§ 18-4003(b), 19-510 and 19-5101(d).”
State v. Yager, 85 P.3d 656 (Idaho 2004).
State v. Pratt, 912 P.2d 94 (Idaho 1996).
State v. Dunlap, 873 P.2d 784 (Idaho 1993). “Under this interpretation, an abandoned and malignant heart killing is murder although there is no premeditated intent to kill.”
— Idaho Code § 18-4003(c) — 3 cases
State v. Dunlap, 873 P.2d 784 (Idaho 1993). “Under this interpretation, an abandoned and malignant heart killing is murder although there is no premeditated intent to kill.”
State v. Creech, 966 P.2d 1 (Idaho 1998).
State v. Porter, 128 P.3d 908 (Idaho 2005).
— Idaho Code § 18-4003(d) — 35 cases
State v. Pina, 233 P.3d 71 (Idaho 2010). “" I.C. § 18-4003(d). It is clear and unambiguous that the sole purpose of the felony murder rule as adopted by the Idaho legislature was to raise a killing from second-degree murder to first degree solely due to the death occurring during perpetration of the enumerated felonies.”
State v. Lankford, 781 P.2d 197 (Idaho 1989). “Supreme Court interpretation of the federal Constitution, the Idaho Legislature enacted in 1973 our present death penalty Section 18-4003 and 18-4004, Idaho Code. Then, last year, the United States Supreme court again changed the rules relating to capital punishment after many…”
State v. Pratt, 873 P.2d 848 (Idaho 1994). “1 and I.C. §§ 18-4003(b), 19-510 and 19-5101(d).”
State v. Windsor, 716 P.2d 1182 (Idaho 1985). “(3) The murder was one defined as murder of the first degree by Section 18-4003, Idaho Code, and was accompanied with the specific intent to cause the death of a human being (No.”
State v. Pratt, 873 P.2d 800 (Idaho 1993). “Pratt contends that the murder of Brent Jacobson did not occur "in the perpetration of, or attempt to perpetrate" the robbery, burglary, and kidnapping that had occurred earlier at or near the residence of Louise Turner, i.e., that the murder of Brent Jacobson did not constitute…”
— Idaho Code § 18-4003(g) — 8 cases
State v. Burdett, 1 P.3d 299 (Idaho Ct. App. 2000).
State v. Wade, 873 P.2d 167 (Idaho Ct. App. 1994).
State v. Kuzmichev, 976 P.2d 462 (Idaho 1999).
State v. Ziegler, 695 P.2d 1272 (Idaho Ct. App. 1985).
State v. Hansen, 815 P.2d 484 (Idaho Ct. App. 1991).
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