US Laws, Codes, Statutes & Cases

                                  TITLE  18
                            CRIMES AND PUNISHMENTS
                                  CHAPTER 40
                                   HOMICIDE
    18-4004.  PUNISHMENT FOR MURDER. Subject to the provisions of sections
19-2515 and 19-2515A, Idaho Code, every person guilty of murder of the first
degree shall be punished by death or by imprisonment for life, provided that a
sentence of death shall not be imposed unless the prosecuting attorney filed
written notice of intent to seek the death penalty as required under the
provisions of section 18-4004A, Idaho Code, and provided further that whenever
the death penalty is not imposed the court shall impose a sentence. If a jury,
or the court if a jury is waived, finds a statutory aggravating circumstance
beyond a reasonable doubt but finds that the imposition of the death penalty
would be unjust, the court shall impose a fixed life sentence. If a jury, or
the court if a jury is waived, does not find a statutory aggravating
circumstance beyond a reasonable doubt or if the death penalty is not sought,
the court shall impose a life sentence with a minimum period of confinement of
not less than ten (10) years during which period of confinement the offender
shall not be eligible for parole or discharge or credit or reduction of
sentence for good conduct, except for meritorious service. Every person guilty
of murder of the second degree is punishable by imprisonment not less than ten
(10) years and the imprisonment may extend to life.