{"id":373007,"date":"2016-04-11T01:22:15","date_gmt":"2016-04-11T06:22:15","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/idaho-law\/idaho-second-degree-murder.html"},"modified":"2026-02-02T13:15:27","modified_gmt":"2026-02-02T18:15:27","slug":"idaho-second-degree-murder","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/idaho-law\/idaho-second-degree-murder.html","title":{"rendered":"Idaho Second-Degree Murder"},"content":{"rendered":"\n
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Idaho Second-Degree Murder<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Second-degree murder<\/span> under Idaho law is the unlawful killing of a person with malice aforethought<\/span>, meaning the perpetrator intended to cause death or acted with a disregard for human life. This charge applies when the murder does not meet the specific criteria for first-degree murder<\/span>, which includes acts like using poison or killing a law enforcement officer. Penalties for second-degree murder<\/span> range from a minimum of 10 years to life imprisonment<\/p>\n\n <\/div>\n\n\n\n

Idaho<\/span> law<\/span> classes murder as either first- or second-degree murder<\/span> depending on the nature of the crime. First-degree murder<\/span><\/a> must fall into one of several enumerated categories. Otherwise, it is second-degree murder<\/span>.<\/p>\n

In this article, we\u2019ll explain how second-degree murder<\/span> is charged in Idaho<\/span>. We\u2019ll also outline the potential penalties and possible defenses. If you\u2019re facing criminal charges, especially a homicide charge, it\u2019s essential to get legal advice as soon as possible. A local criminal <\/span>defense<\/span> attorney<\/span><\/a> can walk you through your options, negotiate with prosecutors, and protect your rights.<\/p>\n

Idaho<\/span>\u2019s Murder Statute<\/h2>\n

Under Idaho<\/span> Code<\/span><\/a>, murder is the unlawful killing of a human being<\/span> with malice or through the intentional application of torture. The use of torture causing death is murder regardless of the killer\u2019s actual intent.<\/p>\n

Idaho<\/span>\u2019s first-degree murder<\/span> statute contains six subdivisions of homicide, each with multiple types of murder therein. For example:<\/p>\n