Idaho State Statutes - Idaho Attorney Directory

(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.

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