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Idaho Capital Punishment Laws
More Information on Capital Punishment Laws
| Code Section | 18-4001, et seq.; 19-2515, et seq.; 19-2701, et seq. |
| Is Capital Punishment Allowed? | Yes |
| Effect of Defendant's Incapacity | If as result of mortal disease or defect a person lacks capacity to understand proceedings against him, he cannot be tried, convicted, sentenced or punished so long as incapacity endures; if pregnant, time period after no longer pregnant. |
| Minimum Age | No minimum age |
| Available for Crimes Other than Homicide? | Kidnapping in the 1st degree unless prior to imposition of sentence victim is liberated unharmed |
| Definition of Capital Homicide | Murder committed by person guilty of a previous conviction of another murder; knowingly created great risk of death; committed for remuneration; especially heinous, atrocious or cruel; circumstances show utter disregard for human life; murder of 1st degree with specific intent to cause death; propensity to commit murder, i.e., a continuing threat to society; murder of former/present peace officer, judicial officer, executive officer, officer of the court, fireman, prosecuting attorney for reasons relating to the performance of their official duties; murder of witness in criminal or civil proceeding; murder committed during perpetration of arson, rape, robbery, burglary, kidnapping or mayhem and defendant killed, intended to kill, or acted with reckless indifference to human life; murder while escaping or attempting to escape from a penal institution |
| Method of Execution | Lethal injection; firing squad if lethal injection not possible |
Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.
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