Idaho Statutes

§ 18-4012 — EXCUSABLE HOMICIDE

Idaho § 18-4012
JurisdictionIdaho
Title 18CRIMES AND PUNISHMENTS
Ch. 40HOMICIDE

This text of Idaho § 18-4012 (EXCUSABLE HOMICIDE) 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 § 18-4012 (2026).

Text

Homicide is excusable in the following cases:

1.When committed by accident and misfortune in doing any lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent.
2.When committed by accident and misfortune, in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat when no undue advantage is taken nor any dangerous weapon used, and when the killing is not done in a cruel or unusual manner.

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Related

State v. Anderson
352 P.2d 972 (Idaho Supreme Court, 1960)
51 case citations
State v. Koho
423 P.2d 1004 (Idaho Supreme Court, 1967)
24 case citations
State v. Tiffany
88 P.3d 728 (Idaho Supreme Court, 2004)
16 case citations
Haxforth v. State
786 P.2d 580 (Idaho Court of Appeals, 1990)
12 case citations
State v. Long
423 P.2d 858 (Idaho Supreme Court, 1967)
11 case citations
State v. McNair
108 P.3d 410 (Idaho Court of Appeals, 2005)
8 case citations
State v. Pennell
701 P.2d 289 (Idaho Court of Appeals, 1985)
7 case citations

Legislative History

[I.C., sec. 18-4012, as added by 1972, ch. 336, sec. 1, p. 931.]

Nearby Sections

15
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Bluebook (online)
Idaho § 18-4012, Counsel Stack Legal Research, https://law.counselstack.com/statute/id/18-4012.