18-4001. MURDER DEFINED. Murder is the unlawful killing of a human being including, but not limited to, a human embryo or fetus, with malice aforethought or the intentional application of torture to a human being, which results in the death of a human being. Torture is the intentional infliction of extreme and prolonged pain with the intent to cause suffering. It shall also be torture to inflict on a human being extreme and prolonged acts of brutality irrespective of proof of intent to cause suffering. The death of a human being caused by such torture is murder irrespective of proof of specific intent to kill; torture causing death shall be deemed the equivalent of intent to kill.
History:
[18-4001, added 1972, ch. 336, sec. 1, p. 928; am. 1977, ch. 154, sec. 1, p. 390; am. 2002, ch. 330, sec. 1, p. 935.]
Structure Idaho Code
Title 18 - CRIMES AND PUNISHMENTS
Section 18-4001 - MURDER DEFINED.
Section 18-4002 - EXPRESS AND IMPLIED MALICE.
Section 18-4003 - DEGREES OF MURDER.
Section 18-4004 - PUNISHMENT FOR MURDER.
Section 18-4004A - NOTICE OF INTENT TO SEEK DEATH PENALTY.
Section 18-4005 - PETIT TREASON ABOLISHED.
Section 18-4006 - MANSLAUGHTER DEFINED.
Section 18-4007 - PUNISHMENT FOR MANSLAUGHTER.
Section 18-4009 - JUSTIFIABLE HOMICIDE BY ANY PERSON.
Section 18-4011 - JUSTIFIABLE HOMICIDE BY OFFICER.
Section 18-4012 - EXCUSABLE HOMICIDE.
Section 18-4013 - DISCHARGE OF DEFENDANT WHEN HOMICIDE JUSTIFIABLE OR EXCUSABLE.
Section 18-4014 - ADMINISTERING POISON WITH INTENT TO KILL.