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This article speaks to capital homicide:
http://statelaws.findlaw.com/idaho-law/idaho-capital-punishment-laws.html
" Definition of Capital Homicide
Murder committed by person guilty of a previous conviction of another murder; knowingly created great risk of death; committed for remuneration; especially heinous, atrocious or cruel; circumstances show utter disregard for human life; murder of 1st degree with specific intent to cause death; propensity to commit murder, i.e., a continuing threat to society; murder of former/present peace officer, judicial officer, executive officer, officer of the court, fireman, prosecuting attorney for reasons relating to the performance of their official duties; murder of witness in criminal or civil proceeding; murder committed during perpetration of arson, rape, robbery, burglary, kidnapping or mayhem and defendant killed, intended to kill, or acted with reckless indifference to human life; murder while escaping or attempting to escape from a penal institution "
http://statelaws.findlaw.com/idaho-law/idaho-capital-punishment-laws.html
" Definition of Capital Homicide
Murder committed by person guilty of a previous conviction of another murder; knowingly created great risk of death; committed for remuneration; especially heinous, atrocious or cruel; circumstances show utter disregard for human life; murder of 1st degree with specific intent to cause death; propensity to commit murder, i.e., a continuing threat to society; murder of former/present peace officer, judicial officer, executive officer, officer of the court, fireman, prosecuting attorney for reasons relating to the performance of their official duties; murder of witness in criminal or civil proceeding; murder committed during perpetration of arson, rape, robbery, burglary, kidnapping or mayhem and defendant killed, intended to kill, or acted with reckless indifference to human life; murder while escaping or attempting to escape from a penal institution "