# Idaho Code § 18-4003: 18-4003 DEGREES OF MURDER

> Idaho · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C40_S18-4003

## Section

- **Citation:** Idaho Code § 18-4003
- **Heading:** 18-4003 DEGREES OF MURDER
- **Jurisdiction:** Idaho
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Idaho Code / Title 18 / Chapter 40 / Section 18-4003

## Text

18-4003. 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.

History:

[18-4003, added 1972, ch. 336, sec. 1, p. 928; am. 1973, ch. 276, sec. 1, p. 588; am. 1977, ch. 154, sec. 2, p. 390; am. 1991, ch. 227, sec. 1, p. 546; am. 2002, ch. 222, sec. 4, p. 627.]

## Nearby sections

- [Idaho Code § 18-4001 18-4001 MURDER DEFINED.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C40_S18-4001.md)
- [Idaho Code § 18-4002 18-4002 EXPRESS AND IMPLIED MALICE.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C40_S18-4002.md)
- [Idaho Code § 18-4003 18-4003 DEGREES OF MURDER.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C40_S18-4003.md)
- [Idaho Code § 18-4004 18-4004 PUNISHMENT FOR MURDER.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C40_S18-4004.md)
- [Idaho Code § 18-4004A 18-4004A NOTICE OF INTENT TO SEEK DEATH PENALTY.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C40_S18-4004A.md)
- [Idaho Code § 18-4005 18-4005 PETIT TREASON ABOLISHED.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C40_S18-4005.md)
- [Idaho Code § 18-4006 18-4006 MANSLAUGHTER DEFINED.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C40_S18-4006.md)
- [Idaho Code § 18-4007 18-4007 PUNISHMENT FOR MANSLAUGHTER.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C40_S18-4007.md)
- [Idaho Code § 18-4009 18-4009 JUSTIFIABLE HOMICIDE BY ANY PERSON.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C40_S18-4009.md)
- [Idaho Code § 18-4011 18-4011 JUSTIFIABLE HOMICIDE BY OFFICER.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C40_S18-4011.md)
- [Idaho Code § 18-4012 18-4012 EXCUSABLE HOMICIDE.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C40_S18-4012.md)
- [Idaho Code § 18-4013 18-4013 DISCHARGE OF DEFENDANT WHEN HOMICIDE JUSTIFIABLE OR EXCUSABLE.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C40_S18-4013.md)
- [Idaho Code § 18-4014 18-4014 ADMINISTERING POISON WITH INTENT TO KILL.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C40_S18-4014.md)
- [Idaho Code § 18-4015 18-4015 ASSAULT WITH INTENT TO MURDER.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C40_S18-4015.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_ID_T18_C40_S18-4003. Check the current official text before relying on it. Not legal advice.