Idaho § 18-4004A NOTICE OF INTENT TO SEEK DEATH PENALTY

Idaho Statutes

§ 18-4004A — NOTICE OF INTENT TO SEEK DEATH PENALTY

Idaho § 18-4004A

Title 18CRIMES AND PUNISHMENTS

Ch. 40HOMICIDE

This text of Idaho § 18-4004A (NOTICE OF INTENT TO SEEK DEATH PENALTY) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Idaho Code § 18-4004A (2026).

Text

(1)A sentence of death shall not be imposed unless the prosecuting attorney filed written notice of intent to seek the death penalty with the court and served the notice upon the defendant or his attorney of record no later than sixty (60) days after entry of a plea for murder in the first degree and no later than thirty (30) days after entry of a plea for aggravated lewd conduct with a minor child twelve (12) years of age or under. Any notice of intent to seek the death penalty shall include a listing of the statutory aggravating circumstances that the state will rely on in seeking the death penalty. The state may amend its notice upon a showing of good cause at any time prior to trial. A notice of intent to seek the death penalty may be withdrawn at any time prior to the imposition of s

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(1) A sentence of death shall not be imposed unless the prosecuting attorney filed written notice of intent to seek the death penalty with the court and served the notice upon the defendant or his attorney of record no later than sixty (60) days after entry of a plea for murder in the first degree and no later than thirty (30) days after entry of a plea for aggravated lewd conduct with a minor child twelve (12) years of age or under. Any notice of intent to seek the death penalty shall include a listing of the statutory aggravating circumstances that the state will rely on in seeking the death penalty. The state may amend its notice upon a showing of good cause at any time prior to trial. A notice of intent to seek the death penalty may be withdrawn at any time prior to the imposition of sentence. However, upon a showing of good cause, and a stipulation by the state and the defendant and his attorney of record the court may extend the time for the filing of the notice of intent to seek the death penalty for a reasonable period of time.
(2) In the event that the prosecuting attorney does not file a notice of intent to seek the death penalty or otherwise puts the court on notice that the state does not intend to seek the death penalty, the court shall inform potential jurors at the outset of jury selection that the death penalty is not a sentencing option for the court or the jury.

Legislative History

[18-4004A, added 1998, ch. 96, sec. 2, p. 344; am. 2003, ch. 19, sec. 2, p. 71; am. 2008, ch. 300, sec. 1, p. 837; am. 2025, ch. 177, sec. 5, p. 835.]