Idaho Code
Idaho Code

Idaho Code § 19-2716 (2026)

methods of execution. 

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
Find cases: SyfertCases citing this section IClegislature.idaho.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

methods of execution. 

(1) The punishment of death shall be inflicted by the following methods:

(a)  Firing squad; or
(b)  Continuous, intravenous administration of a lethal quantity of a substance or substances approved by the director of the Idaho department of correction until death is pronounced by a coroner or a deputy coroner.
(2)  Not later than five (5) days after the issuance of a death warrant, the director of the Idaho department of correction must determine, and certify by affidavit to the court that issued the death warrant, whether execution by firing squad, as described in subsection (1)(a) of this section, is available.
(3)  If the director certifies that firing squad is available, the method of execution shall be firing squad.
(4)  If the director does not certify that firing squad is available or fails to file a certification as required pursuant to subsection (2) of this section, the method of execution shall be lethal injection, as described in subsection (1)(b) of this section.
(5)  If a court holds that firing squad is unconstitutional, on its face or as applied, or otherwise determines that lethal injection is a constitutionally required method of execution, the method of execution shall be lethal injection.
(6)  The director shall determine the procedures to be used in any execution. Such procedures shall not be subject to the provisions of chapter 52, title 67, Idaho Code.
(7)  The provisions of this section shall apply to all executions carried out on and after the effective date of this enactment, irrespective of the date sentence was imposed.
Notes of Decisions
Cited in 19 cases (6 in the last 5 years), 1981–2025 · leading case: Pizzuto v. IDOC, 508 P.3d 293 (Idaho 2022).
Sort: Relevance Newest Treatment
Pizzuto v. IDOC, 508 P.3d 293 (Idaho 2022). · cites it 75× “I.C. § 19-2716. Pizzuto argues that this statute—specifically its provision that the Director “shall determine” execution “procedures”—obligates the Director to promulgate lethal injection procedures as administrative rules pursuant to the APA.”
Baze v. Rees, 553 U.S. 35 (2008). · cites it 4× “), or firing squad, see Idaho Code § 19-2716 (Lexis 2004). Nebraska is the only State whose statutes specify electrocution as the sole method of execution, see Neb.”
State v. Osborn, 631 P.2d 187 (Idaho 1981). · cites it 8× “I.C. § 19-2716 provides: "The punishment of death must be inflicted by the intravenous injection of a substance or substances in a lethal quantity sufficient to cause death until the defendant is dead.”
Thomas Creech v. Josh Tewalt, 84 F.4th 777 (9th Cir. 2023). · cites it 8× “BACKGROUND At all times relevant to this appeal, Idaho Code § 19-2716 authorized executions in Idaho to be carried out by lethal injection but delegated the details of the execution procedure to the director of IDOC.”
Sivak v. State, 731 P.2d 192 (Idaho 1986). · cites it 8× “If the sentencing judge determines that the death penalty is the appropriate sentence, it shall be administered consistent with I.C. § 19-2716. [10] The preferred method of execution is by lethal injection and, despite Sivak's arguments to the contrary, we see no reason why such…”
Gerald Pizzuto, Jr. v. Josh Tewalt, 997 F.3d 893 (9th Cir. 2021). · cites it 3× “21 Claim Eight alleges that “IDOC’s refusal to promulgate a protocol violates its statutory obligations” under Idaho Code § 19-2716 . With the promulgation of the revised SOP, this claim is moot.”
Hobbs v. Jones, 2012 Ark. 293, 412 S.W.3d 844. “The statute in Idaho at the time of Osbom, Idaho Code Ann. § 19-2716 , read as follows: The punishment of death must be inflicted by the intravenous injection of a substance or substances in a lethal quantity sufficient to cause death until the defendant is dead.”
Sims v. State, 754 So. 2d 657 (Fla. 2000). “"); Idaho Code § 19-2716 (1997) (same as Arkansas statute); 725 Ill.”
State v. Webb, 750 A.2d 448 (Conn. 2000). “11, § 4209 (f) (Michie 1995); Idaho, Idaho Code § 19-2716 (Michie 1997); Illinois, 725 Ill.”
Beardslee v. Woodford, 395 F.3d 1064 (9th Cir. 2005). “, § 17-10-38; Idaho, Idaho Code § 19-2716 ; Illinois, 725 Ill.”
Cooper v. Rimmer, 379 F.3d 1029 (9th Cir. 2004). “, § 17-10-38; Idaho, Idaho Code § 19-2716 ; Illinois, 725 Ill.”
Creech v. Tewalt, No. 1:20-cv-00114 (D. Idaho Jan. 30, 2024). · cites it 33× “Second, the legislature amended another statute to authorize a firing squad as an alternative method to lethal injection, I.C. § 19-2716. Creech II, 84 F.4th at 787 .”
Show all 19 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.