Idaho Code
Idaho Code

Idaho Code § 18-4012 (2026)

Excusable homicide. 

✓ current as of May 2026
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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 a sudden combat when no undue advantage is taken nor any dangerous weapon used, and when the killing is not done in a cruel or unusual manner.
Notes of Decisions
Cited in 14 cases (3 in the last 5 years), 1954–2025 · leading case: State v. Anderson, 352 P.2d 972 (Idaho 1960).
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State v. Anderson, 352 P.2d 972 (Idaho 1960). · cites it 14× “29 [2] , relating to excusable homicide, his main objection being that after quoting from I.C. § 18-4012, the trial court followed the quotation with the requirement, inter alia, that "the defendant prove that he was using usual and ordinary caution.”
State v. Robert Dean Hall, 387 P.3d 81 (Idaho 2016). · cites it 4× “The defense also argued in the memorandum that an excusable homicide instruction should be given as defined in Idaho Code section 18-4012 based upon anticipated evidence showing that the shooting was accidental.”
State v. Pennell, 701 P.2d 289 (Idaho Ct. App. 1985). · cites it 10× “Pennell requested the trial court give an instruction to the jury, informing the jury of the provisions of I.C. § 18-4012. That statute provides: Homicide is excusable in the following cases: 1.”
State v. Betts, 514 P.3d 341 (Kan. 2022). “§ 703-310 (2) (self-defense justification unavailable "for such recklessness or negligence toward innocent persons"); Idaho Code Ann. § 18-4012 ("Homicide is excusable .”
State v. Long, 423 P.2d 858 (Idaho 1967). · cites it 8× “§ 18-4006 is void for uncertainty or indefiniteness, consideration must also be given to other provisions which bear upon the issue, including I.C. § 18-4012, I.C. § 18-114, and I.C. § 18-101, subp.”
State v. Tiffany, 88 P.3d 728 (Idaho 2004). · cites it 2× “This instruction is based upon Idaho Code § 18-4012 . Tiffany argues that this instruction was supported by testimony from others that she would never have purposefully injured Nathan and her extrajudicial statements that she placed her hand over his nose and mouth to quiet him.”
State v. McNair, 108 P.3d 410 (Idaho Ct. App. 2005). · cites it 2× “When committed by accident and misfortune in doing any lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent.”
Haxforth v. State, 786 P.2d 580 (Idaho Ct. App. 1990). · cites it 2× “2d 858, 865 (1967) our Supreme Court determined that the reference to “culpable negligence” is simply a reiteration of the excusable homicide standard under I.C. § 18-4012. It does not preclude imposition of criminal responsibility for negligence under the vehicular manslaughter…”
State v. Koho, 423 P.2d 1004 (Idaho 1967). · cites it 2× “” These definitions were necessary to distinguish murder from manslaughter.”
State v. Cox, 351 P.2d 472 (Idaho 1960). · cites it 2× “25 “You are instructed that under Section 18-4012 of the Idaho Code which I have just read to you, a homicide cannot be held to be excusable unless the following four conditions are present: First, the homicide must have been committed by accident and misfortune; Second, it must…”
State v. Deane, 268 P.2d 1114 (Idaho 1954). · cites it 10× “The requested instruction was incomplete in that it did not embody therein, nor did any other requested instruction, the substance of Section 19-2112, Idaho Code: "Upon a trial for murder the commission of the homicide by the defendant being proved, the burden of proving…”
State v. Robert Dean Hall (Idaho 2016). · cites it 4× “The defense also argued in the memorandum that an excusable homicide instruction should be given as defined in Idaho Code section 18-4012 based upon anticipated evidence showing that the shooting was accidental.”
Show all 14 citing cases →
— Idaho Code § 18-4012(1) — 1 case
State v. Pennell, 701 P.2d 289 (Idaho Ct. App. 1985). “Pennell requested the trial court give an instruction to the jury, informing the jury of the provisions of I.C. § 18-4012. That statute provides: Homicide is excusable in the following cases: 1.”
— Idaho Code § 18-4012(2) — 1 case
State v. Pennell, 701 P.2d 289 (Idaho Ct. App. 1985). “Pennell requested the trial court give an instruction to the jury, informing the jury of the provisions of I.C. § 18-4012. That statute provides: Homicide is excusable in the following cases: 1.”
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