TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 40

HOMICIDE

18-4007.  Punishment for manslaughter. Manslaughter is punishable as follows:

(1)  Voluntary — by a fine of not more than fifteen thousand dollars ($15,000), or by a sentence to the custody of the state board of correction not exceeding fifteen (15) years, or by both such fine and imprisonment.

(2)  Involuntary — by a fine of not more than ten thousand dollars ($10,000), or by a sentence to the custody of the state board of correction not exceeding ten (10) years, or by both such fine and imprisonment.

(3)  Vehicular — in the operation of a motor vehicle:

(a)  For a violation of section 18-4006(3)(a), Idaho Code, by a fine of not more than ten thousand dollars ($10,000), or by a sentence to the custody of the state board of correction not exceeding ten (10) years, or by both such fine and imprisonment.

(b)  For a violation of section 18-4006(3)(b), Idaho Code:

(i)   For a person who has not previously been found guilty of or pled guilty to a violation of the provisions of section 18-8004 or 18-8006, Idaho Code, or any substantially conforming foreign criminal violation, as described in section 18-8005(10), Idaho Code, by a fine of not more than fifteen thousand dollars ($15,000), or by a sentence to the custody of the state board of correction not exceeding fifteen (15) years, or by both such fine and imprisonment.

(ii)  For a person who has previously been found guilty of or pled guilty once to a violation of the provisions of section 18-8004 or 18-8006, Idaho Code, or any substantially conforming foreign criminal violation, as described in section 18-8005(10), Idaho Code, notwithstanding the form of the judgment or withheld judgment, by a fine of not more than twenty thousand dollars ($20,000) and by a sentence to the custody of the state board of correction for a mandatory minimum fixed term of imprisonment of five (5) years, not to exceed twenty-five (25) years.

(iii) For a person who has previously been found guilty of or pled guilty two (2) or more times to a violation of the provisions of section 18-8004 or 18-8006, Idaho Code, or any substantially conforming foreign criminal violation, as described in section 18-8005(10), Idaho Code, notwithstanding the form of the judgment or withheld judgment, by a fine of not more than twenty thousand dollars ($20,000) and by a sentence to the custody of the state board of correction for a mandatory minimum fixed term of imprisonment of ten (10) years, not to exceed twenty-five (25) years.

(c)  For a violation of section 18-4006(3)(c), Idaho Code, by a fine of not more than two thousand dollars ($2,000), or by a jail sentence not exceeding one (1) year, or by both such fine and jail sentence.

(d)  In addition to the foregoing, any person convicted of a violation of section 18-4006(3), Idaho Code, that resulted in the death of the parent or parents of minor children may be ordered by the court to pay support for each such minor child until the child reaches the age of eighteen (18) years. In setting the amount of support, the court shall consider all relevant factors. The nonpayment of such support shall be subject to enforcement and collection by the surviving parent or guardian of the child in the same manner that other child support orders are enforced as provided by law. In no event shall the child support judgment or order imposed by the court under this section be paid or indemnified by the proceeds of any liability insurance policy.

(e)  In addition to the foregoing, the driver’s license of any person convicted of a violation of section 18-4006(3), Idaho Code, may be suspended for a time determined by the court.

History:

[18-4007, added 1983, ch. 3, 1st E.S., sec. 19, p. 22; am. 1992, ch. 33, sec. 1, p. 97; am. 1994, ch. 413, sec. 1, p. 1302; am. 1997, ch. 311, sec. 1, p. 922; am. 2002, ch. 356, sec. 1, p. 1013; am. 2009, ch. 166, sec. 2, p. 496; am. 2025, ch. 171, sec. 1, p. 807.]