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First Degree Felony in Idaho
The legal system in Idaho categorizes serious offenses and crimes as felonies in three degrees: first-degree, second-degree, and third-degree. Although the standard description of felonies may have a classification, they are mainly used in connection with the general felony statute. Idaho does not categorize felonies into general classes; instead, it uses a degree-based and statute-specific system for each offense. This means the degree designation for a felony offense in Idaho is typically built into the individual crime statutes. For example, Idaho Code § 18-45 has separate sections defining first-degree and second-degree kidnapping.
Idaho Code Title 18 contains various chapters detailing offenses and their severity, grouped in degrees. Record seekers may also find explanations and details for first-degree felonies and other crimes in Criminal Court Records on third-party court record websites.
Public Access to First Degree Felony Records in Idaho
Under the Idaho Public Records Act and court administrative rules, most felony court and conviction records are public records. This means that, with a few exceptions, the general public can access court records, which include court information, case details, evidence, disposition, and sentencing information.
| Source | Access | website/location |
|---|---|---|
| Idaho Clerks of Court | Requests can be made in person or by mail | Records seekers may contact local clerks of court in Idaho using the following Contact Information |
| Online using the iCourt database | Basic case information online using the portal | iCourt Portal |
| Public access terminals | Online access terminal available at courthouse locations | Various courthouse locations |
| Idaho State Police | Background checks and criminal history from the central repository | Download forms from the Background Check section of the state police website. |
Common Crimes Classified as First Degree Felonies in Idaho
In Idaho, the legal system does not have a general classification of first-degree felonies; rather, the degree or severity of the crime is specifically assigned to each offense. Examples of first-degree felonies under Idaho include the following:
- First-degree murder: This simply refers to the unlawful, premeditated killing of another person, the killing of a peace officer, and the killing of a person while committing another felony, including rape, kidnapping, or burglary. According to the FBI database, law enforcement in Idaho reported 32 murders in 2024, including those specified as first-degree.
- First-degree kidnapping: This is defined as the unlawful seizing, confining, or abducting of a person with the intent to commit serious harm, such as slavery and ransom. In 2024, law enforcement in Idaho reported 286 kidnappings to the FBI crime database, though the number of first-degree offenses was not specified.
- Aggravated robbery: This is the taking of another’s property by force while causing serious injury or using a deadly weapon. 128 robberies were reported to the FBI database by Idaho law enforcement in 2024
- First-degree arson: This is the burning of an inhabited structure, maliciously causing death or serious bodily harm. 118 cases of arson were reported to the FBI database by local law enforcement in Idaho for 2024.
| Crime | Description |
|---|---|
| First Degree Murder | The Unlawful premeditated killing of a person or a peace officer. Also extended to killing anyone while committing a felony. Idaho Statutes Title Chapter 40 |
| First Degree Kidnapping | Seizing, abducting, or confining a person with the intent to commit harm on them, such as sexual assault, or for ransom. Idaho Statutes Title 18 Chapter 45 |
| First Degree Arson | This is the destruction of a normally inhabited building with fire or an explosion, causing risk of serious harm or death. Idaho Statutes Title 18 Chapter 8 |
| Aggravated Robbery | The forceful taking of another's property using a deadly weapon or causing serious harm. Idaho Statutes Title 18 Chapter 65 |
Prison Sentences and Fines for First Degree Felonies in Idaho
Idaho does not have a general rule for sentencing first-degree felonies. The general felony law in Idaho Statutes, Title 18, Chapter 112, sets the punishment for felonies at 5 years' imprisonment, $50,000 in fines, or both. However, each first-degree felony will be sentenced in accordance with the specific statutes governing the crime and at the court's discretion. Prison sentences and fines may also change according to the details of the case. Escalating factors such as violence, serious harm, or death of any victim, and the use of deadly weapons, may increase the severity of punishments.
The following table provides sentence ranges and maximum fines for first-degree offenses in Idaho.
| First-degree Offense | Prison sentence range | Maximum fines |
|---|---|---|
| First-degree murder | Minimum 10 years in jail and maximum Death penalty or life without parole, according to the details of the case | No fine cap. Any fines will be set at the court’s discretion |
| First-degree kidnapping | 10 years to life imprisonment. Escalating factors may elevate the sentence to life imprisonment or death | Up to $50,000 |
| First-degree arson | 3 years to life imprisonment, depending on injury or death to any victims | Up to $50,000 |
| Aggravated robbery | Minimum 5 years in prison, up to life imprisonment, depending on escalating factors | Up to $50,000 |
| First-degree sexual assault | From 1 year to life in prison. Depending on aggravating factors | Up to $50,000 |
What is the Maximum Sentence for a First-Degree Felony in Idaho?
The maximum sentence for a first-degree felony in Idaho is life imprisonment. In the case of a first-degree murder, this can be escalated to the death penalty. The exact maximum sentence is usually dependent on how the specific Idaho criminal statute defines the offense and its penalties. Due to aggravating factors, felonies such as arson, robbery, and kidnapping, which do not typically carry life sentences, can all do so. Aggravating factors that may escalate a sentence include any or a combination of the following:
- Serious injury or death of a victim while committing the felony
- The offender has multiple prior offenses
- Use of a deadly weapon
- Offense is judged as a hate crime
What is First Degree Murder in Idaho?
Idaho Statutes Section 18-4003 defines the degrees of murder. First-degree murders are defined as willful, deliberate, and premeditated killing of a person. Other factors that elevate murder to the first-degree include the following:
- Murder of specific victims, including peace officers, court officers, prosecutors, or first responders, such as a paramedic or fireman
- Repeat offense by a person under sentence of parole for murder
- Any murder committed while attempting to commit a felony against a minor
- Any murder committed while escaping or trying to escape any penal institution
The punishment for first-degree murder under Idaho law is death or life imprisonment without parole. When parole is allowed, the offender must serve at least 10 years before they are eligible for parole. These make first-degree murders unique in Idaho as they are treated as a more severe category of crime. Applying the maximum sentence for first-degree murder may depend on aggravating factors of the case. Prosecutors are also expected to file a written notice of intent to seek the death penalty during such cases. The court or a jury during the jury trial must find statutory aggravating circumstances during the case to approve the prosecutor’s request.
Can First Degree Felony Records Be Sealed or Expunged in Idaho?
Sealing and expungement are methods to remove offenses from an individual’s record. Sealing typically hides a record from public access, while expungement erases a record.
First-degree felony convictions for offenses such as murder, rape, kidnapping, and arson are not eligible to be sealed or expunged. These records are considered particularly serious, and the law insists they remain public.
Arrests and charges for first-degree felonies may only be eligible to be sealed if no charges were filed, the case was dismissed, or the offender was acquitted at trial. Juvenile offenders may also have their records sealed by law. While convicts of first-degree offenses are not eligible for expungement or sealing, victims of some crimes, such as human trafficking, may qualify to have their records expunged under Idaho Statutes
Difference Between First Degree and Second Degree Felonies in Idaho
In Idaho, individual crimes are divided into degrees to show the severity of the offense. The higher the degree of the crime, the more severe it is and the harsher the punishment. First-degree offenses are some of the most serious crimes in the Idaho legal system. They usually involve threats to life, violence, serious harm to a victim, and death. Punishments can range from long-term prison sentences to life imprisonment, and in the case of capital crimes such as first-degree murder, the death penalty.
Second-degree offenses are still considered grave crimes. However, they usually have less premeditation or intent and slightly reduced injury to victims compared to first-degree offenses. Penalties for second-degree crimes are typically less than life imprisonment. Sentences may range from a few years in jail to up to 15 years, depending on the crime and the presence of any aggravating factors.
| Felony level | Common crimes | Sentencing range |
|---|---|---|
| First-degree felonies. Very serious, premeditated, life-threatening crimes. | Examples include first-degree murder, first-degree kidnapping, first-degree arson, and aggravated robbery |
|
| Second-Degree felonies. Serious, without premeditation, and less violent. | Second-degree robbery, aggravated assault, burglary of an unoccupied dwelling, and second-degree kidnapping. |
|
Statute of Limitations for First Degree Felony Charges in Idaho
A statute of limitations is the legal deadline for a state’s attorneys or prosecutors to file charges against a suspect. The aim of having such deadlines is to ensure law enforcement prosecutes cases while evidence is fresh and untempered and witnesses or memories are available.
According to Idaho Statutes § 19-402, most felonies have a five-year statute of limitations. This means prosecutors must file charges against felony offenders within five years of the offense occurring. However, more serious felonies, including murder, voluntary manslaughter, and rape, do not have a statute of limitations. This means that charges can be filed for their cases at any time, no matter how long has passed.
Probation and Parole Eligibility for First Degree Felonies in Idaho
Probation is court-ordered supervision, which can be ordered by a judge instead of a prison sentence. Although probation is an option in Idaho, most first-degree offenses require minimum sentences and specifically prohibit probation. On the other hand, an offender may be eligible for parole after serving a portion of their sentence and showing remorse and good behavior. Some first-degree felony offences, such as first-degree kidnapping and murder, may be eligible for parole after the offender has served at least 10 years of their sentence.
| Term | Definition | Eligible for First-Degree Felons |
|---|---|---|
| Parole | Early release from prison, typically after spending a portion of the sentence(10 years for first-degree offenses) | Yes, for certain first-degree offenses |
| Probation | A form of court-ordered supervision sentence instead of prison time | Rarely ordered, as most first-degree offenses have mandatory minimum prison sentences. |
Impact of a First Degree Felony Conviction on Criminal Records in Idaho
The effects of a first-degree felony conviction on a convict in Idaho exceed fines and prison time. As such records are public information, they remain highly visible and may be accessed by anyone, including prospective landlords, licensing agencies, employers, and government agencies.
A convicted felon in Idaho may be affected long-term in the following ways:
- Housing: Some landlords find it difficult to trust convicted felons and will deny housing applications when they see the conviction. This makes it hard to obtain safe, affordable housing.
- Firearms rights: Convicted felons will lose the right to bear arms under federal and Idaho laws. This prohibits them from buying, owning, or possessing a firearm.
- Employment: Most employers will run background checks on prospective employees. Finding a first-degree felon may limit access to available employment, particularly for jobs requiring trust and security clearance. This includes jobs in healthcare, law enforcement, security, and education.
- Voting Rights: First-degree felons typically lose their voting rights while serving their sentences, but have them restored when all aspects of the sentence are completed, including parole or probation.
- Immigration: A non-citizen convicted of a first-degree felony may likely encounter a lot of immigration issues, including denial of citizenship applications and deportation at the end of their sentence.