What is a Second Degree Felony in Idaho?

A second-degree felony in Idaho is typically identified by Title 18 of the Idaho Code on Crimes and Punishment and characterized by the severity of the offense, specific circumstances (this may include use of or threat to use violence, firearms, damage or injury caused, age of or relation to the victim involved, and value of property stolen or damaged) the penalties or punishment attached.

In Idaho, felony offenses are not classified in levels or degrees compared to other states. Rather, every felony attracts a specific or assigned punishment based on the act committed and the surrounding circumstances. Nonetheless, in the Idaho Code on Crimes and Punishment, some types of crimes, being serious felonies, may be defined as a felony in the second degree to separate them from a more severe form or manifestation of the same offense (for example, kidnapping, stalking, and murder).

Which Crimes Are Considered Second-Degree Felonies in Idaho?

Common crimes that the Idaho Code defines as a second-degree felony in Idaho include:

• Kidnapping (ID Code § 18-4503): A person commits kidnapping in the second degree when it is not done for ransom, or exchange of anything of value. The offender must also have a purpose or intention to commit rape or cause serious bodily injury or engage in any sexual activity with any child under 16 years or gratify the lust or sexual desires of any other person. Any form of kidnapping other than kidnapping in the first degree is kidnapping in the second degree.
• Stalking (ID Code § 18-7906): A person commits a crime of stalking in the second degree if the person intentionally and maliciously does anything that seriously alarms, annoys or harass the victim in such a way that would cause substantial emotional distress to any reasonable person or leads the victim to believe that they or their family or household members may be at risk of death or physical injury.

What is Second Degree Murder and How is it Classified in Idaho?

In Idaho, second-degree murder is simply defined as all other kinds of murder that are not murder of the first degree (ID Code § 18-4003(g)). Hence, it is necessary to understand what constitutes first-degree murder in Idaho. Murder in the first degree exists in all of the following forms:

• Murder perpetrated by poisoning, lying in wait, torture, or any kind of wilful, deliberate, or premeditated killing.
• Murder of any peace officer, executive officer, officer of the court, fireman, judicial officer, prosecuting attorney who was acting in lawful discharge of their duty, and the perpetrator knew or should have known they were an officer so acting
• Murder committed by a person under a sentence for murder in the first or second degree, including persons on parole or probation
• Murder committed in the course of or in an attempt to commit aggravated battery on a child under 12 years of age, arson, rape, burglary, kidnapping or mayhem, any act of terrorism, or use of weapon of mass destruction, chemical or biological weapon.
• Murder committed by a person incarcerated in a penal institution (an inmate in prison, jail, or correctional facility) on a person employed by the penal institution, another inmate, or a visitor to the penal institution.

Any other form of murder apart from these acts listed above is murder in the second degree. In contrast, manslaughter is the unlawful killing of a human being (including a human embryo or fetus) without malice (ID Code § 18-4006). Manslaughter may be voluntary (in the heat of passion without having time to cool off and rethink), involuntary (acting in any manner whether lawful or unlawful or operating firearm or a dangerous weapon recklessly carelessly and negligently, which leads to death), or vehicular (death caused by a motor vehicle operated in a grossly negligent manner, in commission of any lawful or unlawful offense that does not amount to a felony),

Idaho Second Degree Felonies Penalties and Punishments

Punishment and penalties for second-degree felonies in Idaho, or other serious felonies, vary depending on the criminal offense in question. These penalties may range from imprisonment terms between 1 year and 25 years to life sentences and fines of up to $1000. Where the perpetrator acted violently or threatened to commit violence or injury to another in furtherance of a crime, the court may impose a fine not exceeding $5,000 against the defendant in addition to any other penalties (ID Code § 19-5307).

If a person is convicted of a second-degree felony apart from murder, the sentencing judge may consider probation or parole as an alternative to a prison sentence. The judge will also consider other surrounding circumstances, such as aggravating factors and mitigating factors that may increase or reduce the defendant's punishment, respectively. The judge must consider whether the defendant is a habitual or repeat offender, if they have previous misdemeanor or felony convictions, prior criminal history, whether the defendant caused bodily harm to or threatened the victim, among others. With respect to fines, if the victim incurred financial or economic loss owing to the criminal conduct of the defendant, the judge will enter an order for restitution along with other penalties (ID Code § 19-5304).

The table below summarises the penalties for some common felonies in Idaho.

Are Second Degree Felony Records Public in Idaho?

Yes. By virtue of the Idaho Public Records Act, every member of the public has a right to inspect and access copies of public records. Hence, interested persons may access second-degree felony records through the courts or law enforcement agencies in the state. However, under certain circumstances, Idaho allows certain records to be exempt from public disclosure through an order of sealing or expungement. This is often to protect information or identities of victims or other parties from unwarranted invasion of privacy, or prevent access to information that may interfere with law enforcement investigation and detection, or jeopardize a person's right to a fair hearing.

How to Access Second Degree Felony Court Records in Idaho

In Idaho, the district courts have original jurisdiction over felony cases. This means that second degree felony court cases usually begin at the district courts before being moved to the Court of Appeals or Idaho Supreme Court on appeal. Thus, it is necessary to direct all search efforts for second-degree felony court records in Idaho to the court’s online search portal or the office of the court clerk.

Basic court information for criminal cases in Idaho is typically available online through the Idaho Courts iCourt Online Judicial System. However, the searcher must determine the county with jurisdiction over the case sought in order to perform the record search. The iCourt case search website provides online access to cases from all 44 counties in Idaho.

For in-depth and detailed court records, interested parties may send a written or email request to the office of the court clerk in the county where the case was filed. One may also visit the courthouse to access and inspect records for free. It is, however, important to remember that where a record is exempt from public disclosure, the custodian will refuse or reject a record request.

Can Second Degree Felony Charges be Reduced or Dismissed?

A second-degree felony charge in Idaho may be reduced through a plea agreement, after discharge from probation, or on a motion filed to correct a sentence imposed illegally; likewise, a defendant may have their sentence dismissed on the following grounds:

• Plea Agreement (Idaho Criminal Rule 11. Pleas): The prosecuting attorney and the attorney for the defendant or the defendant acting without an attorney may enter an agreement that the defendant would waive their right to appeal the judgement/sentence of the court, on entering a plea of guilty for a charged offense or a lesser offence, in guarantee that the prosecuting attorney will move for a dismissal of other charges, agree not to oppose the defendant's request, make a recommendation for a particular sentence, and other agreements in respect to the charges before the court. The court may accept or reject this agreement, on disclosure of the agreement in open court. It is strongly advised not to agree to any plea bargain without an attorney. The court will also advise that if it rejects the recommendation or request of the prosecuting attorney, the defendant cannot withdraw the guilty plea.
• Reduction of Sentence (Idaho Criminal Rule 35): Where a sentence is illegal from the face of the record, the defendant’s attorney may file a motion within 120 days of such entry to correct the illegal sentence or to reduce the sentence.
• Dismissal by the Court (Idaho Criminal Rule 48): The court may dismiss a criminal action on its motion or an a motion filed by any party for unnecessary delay in presenting the charges, unnecessary delay in bringing the defendant to trial, lack of evidence, or if the court determines that the dismissal is in the interest of justice.

Is it Possible to Expunge or Seal a Second-Degree Felony or Murder Record in Idaho?

No. The eligibility requirements to have a criminal record or records of arrest and prosecution expunged under Idaho laws and the Clean Slate Act are strictly limited to non-violent misdemeanors and felony convictions for possession of controlled substances.

How Long Do Second-Degree Felony Records Stay Public in Idaho?

Second-degree felony records will remain on a person's record indefinitely. All records of arrest, prosecution, and conviction will remain public information permanently and cannot be sealed or expunged.