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|   Idaho Statutes
ati17391.tmp
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. The Idaho Code is made available on the Internet by the Idaho Legislature as a public service. This Internet version of the Idaho Code may not be used for commercial purposes, nor may this database be published or repackaged for commercial sale without express written permission. Search the Idaho Statutes Available Reference: Search Instructions. The Idaho Code is the property of the state of Idaho, and is copyrighted by Idaho law, I.C. § 9-350. According to Idaho law, any person who reproduces or distributes the Idaho Code for commercial purposes in violation of the provisions of this statute shall be deemed to be an infringer of the state of Idaho's copyright. |
