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The Death Penalty in Idaho

How Idaho law treats death penalty, from the state code and official state agencies.

Short answer: Idaho has the death penalty. First-degree murder is punished by death or life imprisonment, but death can be imposed only if the prosecutor filed a notice of intent to seek it and a jury (or the judge if a jury is waived) finds at least one statutory aggravating circumstance beyond a… Idaho Code §§ 18-4004, 19-2515(1), (3), 19-2716

Death penaltyIdaho has the death penalty. First-degree murder is punished by death or life imprisonment, but death can be imposed only if the prosecutor filed a notice of intent to seek it and a jury (or the judge if a jury is waived) finds at least one statutory aggravating circumstance beyond a reasonable doubt. Idaho law also makes aggravated lewd conduct with a child twelve or under punishable by death, which requires at least three statutory aggravating circumstances. By statute the method is the firing squad when the director of the Idaho Department of Correction certifies it is available, otherwise lethal injection.
Murder penalty: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch40/sect18-4004/ ; method: https://legislature.idaho.gov/statutesrules/idstat/title19/t19ch27/sect19-2716/ (amended 2026). § 19-2515 has a version effective until January 1, 2027 and one effective January 1, 2027; subsection (1) reads the same in both. No official page stating a moratorium was found.
Source: Idaho Code §§ 18-4004, 19-2515(1), (3), 19-2716

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FAQ

Does Idaho have the death penalty?
Idaho has the death penalty. First-degree murder is punished by death or life imprisonment, but death can be imposed only if the prosecutor filed a notice of intent to seek it and a jury (or the judge if a jury is waived) finds at least one statutory aggravating circumstance beyond a reasonable doubt. Idaho law also makes aggravated lewd conduct with a child twelve or under punishable by death, which requires at least three statutory aggravating circumstances. By statute the method is the firing squad when the director of the Idaho Department of Correction certifies it is available, otherwise lethal injection.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.