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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1296
BY
STATE
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
CRIMINAL
TRESPASS;
AMENDING
SECTION
18
-
7008,
IDAHO
CODE,
TO
2
PROVIDE
FOR
CRIMINAL
TRESPASS
OF
A
CHURCH
AND
TO
PROVIDE
A
PENALTY;
AND
3
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
4
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
5
SECTION
1.
That
Section
18
-
7008,
Idaho
Code,
be,
and
the
same
is
hereby
6
amended
to
read
as
follows:
7
18
-
7008.
CRIMINAL
TRESPASS
-
-
DEFINITIONS
AND
ACTS
CONSTITUT
-
8
ING.
(1)
Definitions.
As
used
in
this
section:
9
(a)
"Crops"
means
field
crops
including,
but
not
limited
to,
grains,
10
feed
crops,
legumes,
fruits
and
vegetables.
1
1
(b)
"Cultivated
land"
means:
12
(i)
Land
whose
soil
is
loosened
or
broken
up
for
the
raising
of
13
crops;
14
(ii)
Land
used
for
the
raising
of
crops;
or
15
(iii)
Pasturage
that
is
artificially
irrigated.
16
(c)
"Damage"
means
any
injury
or
damage
to
real
or
personal
property
17
and
includes,
but
is
not
limited
to,
any
of
the
following
actions,
when
18
conducted
without
lawful
authority,
the
consent
of
the
landowner
or
his
19
agent,
or
a
valid
license:
20
(i)
Cutting
down
or
carrying
off
any
wood,
underbrush,
tree
or
21
timber,
or
girdling
or
otherwise
injuring
any
tree
or
timber
on
the
22
land
of
another;
23
(ii)
Severing
from
the
property
of
another
anything
attached
24
thereto,
or
the
produce
thereof;
25
(iii)
Digging,
taking
or
carrying
away
any
earth,
soil
or
stone
26
from
the
property
of
another;
27
(iv)
Tearing
down
or
otherwise
damaging
any
fence
on
the
land
of
28
another
person,
or
opening
any
gate,
bar
or
fence
of
another
person
29
and
leaving
it
open,
or
using
the
corral
or
corrals
of
another
per
-
30
son;
31
(v)
Dumping
trash
or
covering
up
in
any
manner
the
property
of
32
another
person;
33
(vi)
The
unprovoked,
intentional
killing
or
injuring
of
a
domes
-
34
tic
animal
of
another
on
his
property;
35
(vii)
Removing,
mutilating,
damaging
or
destroying
any
"no
tres
-
36
passing"
signs
or
markers
of
similar
meaning;
37
(viii)
Going
through
or
driving
a
motor
vehicle,
as
defined
in
sec
-
38
tions
49
-
114
and
49
-
123,
Idaho
Code,
into,
upon,
over
or
through
39
any
cultivated
lands;
or
40
(ix)
Injuring
livestock.
41
2
(d)
"Enter"
or
"enters"
means
going
upon
or
over
real
property
either
1
in
person
or
by
causing
any
object,
substance
or
force
to
go
upon
or
over
2
real
property.
3
(e)
"Navigable
streams"
shall
have
the
meaning
set
forth
in
section
4
36
-
1601,
Idaho
Code.
5
(f)
"Permission"
means
written
authorization
from
the
owner
or
his
6
agent
to
enter
upon
private
land,
which
shall
include
the
signature
of
7
the
owner
or
his
agent,
the
name
of
the
person
being
given
permission,
8
the
appropriate
dates
that
the
permission
is
valid
and
a
general
de
-
9
scription
of
the
property;
or
another
form
of
permission
or
invitation
10
recognized
by
law.
1
1
(g)
"Remains"
means
to
fail
to
depart
from
the
real
property
of
another
12
immediately
when
notified
to
do
so
by
the
owner
or
his
agent.
13
(2)
Acts
constituting
criminal
trespass.
14
(a)
A
person
commits
criminal
trespass
and
is
guilty
of
a
misdemeanor,
15
except
as
provided
in
subsection
(3)(a)(i)
of
this
section,
when
he
16
enters
or
remains
on
the
real
property
of
another
without
permission,
17
knowing
or
with
reason
to
know
that
his
presence
is
not
permitted.
A
18
person
has
reason
to
know
his
presence
is
not
permitted
when,
except
un
-
19
der
a
landlord
-
tenant
relationship,
he
fails
to
depart
immediately
from
20
the
real
property
of
another
after
being
notified
by
the
owner
or
his
21
agent
to
do
so,
or
he
returns
without
permission
or
invitation
within
22
one
(1)
year,
unless
a
longer
period
of
time
is
designated
by
the
owner
23
or
his
agent.
In
addition,
a
person
has
reason
to
know
that
his
pres
-
24
ence
is
not
permitted
on
real
property
that
meets
any
of
the
following
25
descriptions:
26
(i)
The
property
is
reasonably
associated
with
a
residence
or
27
place
of
business;
28
(ii)
The
property
is
cultivated;
29
(iii)
The
property
is
fenced
or
otherwise
enclosed
in
a
manner
30
that
a
reasonable
person
would
recognize
as
delineating
a
private
31
property
boundary.
Provided,
however,
if
the
property
adjoins
32
or
is
contained
within
public
lands,
the
fence
line
adjacent
to
33
public
land
is
posted
with
conspicuous
"no
trespassing"
signs
or
34
bright
orange
or
fluorescent
paint
at
the
corners
of
the
fence
35
adjoining
public
land
and
at
all
navigable
streams,
roads,
gates
36
and
rights
-
of
-
way
entering
the
private
land
from
the
public
land,
37
and
is
posted
in
a
manner
that
a
reasonable
person
would
be
put
on
38
notice
that
it
is
private
land;
or
39
(iv)
The
property
is
unfenced
and
uncultivated
but
is
posted
with
40
conspicuous
"no
trespassing"
signs
or
bright
orange
or
fluores
-
41
cent
paint
at
all
property
corners
and
boundaries
where
the
prop
-
42
erty
intersects
navigable
streams,
roads,
gates
and
rights
-
of
-
way
43
entering
the
land,
and
is
posted
in
a
manner
that
a
reasonable
per
-
44
son
would
be
put
on
notice
that
it
is
private
land.
45
(b)
A
person
commits
criminal
trespass
and
is
guilty
of
a
misdemeanor
46
when
he
enters
or
remains
on
the
premises
of
a
church
or
house
of
worship
47
without
permission,
knowing
or
with
reason
to
know
that
his
presence
is
48
not
permitted
and
with
the
intent
to
intimidate
or
harass
or
to
disrupt
a
49
church
service
or
assemblage
of
people
meeting
for
religious
worship.
50
3
(b)
(c)
Every
person
who
commits
a
criminal
trespass
as
provided
by
this
1
section
and
who
causes
damage
to
real
or
personal
property
in
excess
of
2
one
thousand
dollars
($1,000)
while
trespassing
is
guilty
of
criminal
3
trespass
with
damage
and
is
guilty
of
a
misdemeanor,
except
as
provided
4
in
subsection
(3)(b)(iii)
of
this
section.
5
(3)
Penalties.
6
(a)
Penalties
for
criminal
trespass.
7
(i)
Any
person
who
pleads
guilty
to
or
is
found
guilty
of
a
viola
-
8
tion
of
subsection
(2)(a)
of
this
section
for
the
first
time:
9
1.
If
no
damage
of
any
kind
was
committed
during
the
trespass
10
and
the
person
accused
does
not
remain
if
ordered
to
depart
1
1
by
the
owner
of
the
real
property
or
his
agent,
then
the
per
-
12
son
shall
be
guilty
of
an
infraction
and
fined
in
the
amount
13
of
three
hundred
dollars
($300);
or
14
2.
Except
as
provided
in
subparagraph
(i)1.
of
this
para
-
15
graph,
the
person
may
be
sentenced
to
jail
for
a
period
of
no
16
more
than
six
(6)
months
and
shall
be
fined
in
an
amount
no
17
less
than
five
hundred
dollars
($500)
and
no
more
than
one
18
thousand
dollars
($1,000).
19
(ii)
Any
person
who
pleads
guilty
to
or
is
found
guilty
of
a
viola
-
20
tion
of
subsection
(2)(b)
of
this
section
for
the
first
time
shall
21
be
guilty
of
a
misdemeanor
and
may
be
sentenced
to
jail
for
a
period
22
of
no
more
than
six
(6)
months
and
shall
be
fined
in
an
amount
no
23
less
than
five
hundred
dollars
($500)
and
no
more
than
one
thousand
24
dollars
($1,000).
25
(ii)
(iii)
Any
person
who
pleads
guilty
to
or
is
found
guilty
of
a
26
violation
of
subsection
(2)(a)
or
(b)
of
this
section
for
a
second
27
time
within
five
(5)
years:
28
1.
May
be
sentenced
to
jail
for
a
period
of
no
more
than
six
29
(6)
months;
30
2.
Shall
be
fined
in
an
amount
no
less
than
one
thousand
five
31
hundred
dollars
($1,500)
and
no
more
than
three
thousand
32
dollars
($3,000);
and
33
3.
If
the
trespass
can
be
reasonably
construed
to
have
been
34
committed
in
a
manner
described
in
section
36
-
1603(a),
Idaho
35
Code,
shall
have
any
license
issued
pursuant
to
chapter
3,
36
title
36,
Idaho
Code,
suspended
for
a
period
of
one
(1)
year.
37
(iii)
(iv)
Any
person
who
pleads
guilty
to
or
is
found
guilty
of
38
a
violation
of
subsection
(2)(a)
or
(b)
of
this
section,
who
pre
-
39
viously
has
been
found
guilty
of
or
has
pled
guilty
to
two
(2)
or
40
more
violations
of
the
provisions
of
subsection
(2)
of
this
sec
-
41
tion
within
ten
(10)
years,
notwithstanding
the
form
of
the
judg
-
42
ments
or
withheld
judgments:
43
1.
May
be
sentenced
to
jail
for
a
period
no
more
than
one
(1)
44
year;
45
2.
Shall
be
fined
an
amount
no
less
than
five
thousand
46
dollars
($5,000)
and
no
more
than
ten
thousand
dollars
47
($10,000);
and
48
3.
If
the
trespass
can
be
reasonably
construed
to
have
been
49
committed
in
a
manner
described
in
section
36
-
1603(a),
Idaho
50
4
Code,
shall
have
any
license
issued
pursuant
to
chapter
3,
1
title
36,
Idaho
Code,
suspended
for
a
period
of
no
more
than
2
five
(5)
years.
3
(b)
Penalties
for
criminal
trespass
with
damage.
4
(i)
Any
person
who
pleads
guilty
to
or
is
found
guilty
of
a
viola
-
5
tion
of
subsection
(2)
(b)
(c)
of
this
section
for
the
first
time:
6
1.
May
be
sentenced
to
jail
for
a
period
of
no
more
than
six
7
(6)
months;
and
8
2.
Shall
be
fined
in
an
amount
no
less
than
one
thousand
five
9
hundred
dollars
($1,500)
and
no
more
than
five
thousand
dol
-
10
lars
($5,000).
1
1
(ii)
Any
person
who
pleads
guilty
to
or
is
found
guilty
of
a
vio
-
12
lation
of
subsection
(2)
(b)
(c)
of
this
section
for
a
second
time
13
within
five
(5)
years:
14
1.
May
be
sentenced
to
jail
for
a
period
of
no
more
than
six
15
(6)
months;
16
2.
Shall
be
fined
in
an
amount
no
less
than
five
thou
-
17
sand
dollars
($5,000)
and
no
more
than
ten
thousand
dollars
18
($10,000);
and
19
3.
If
the
trespass
can
be
reasonably
construed
to
have
been
20
committed
in
a
manner
described
in
section
36
-
1603(a),
Idaho
21
Code,
shall
have
any
license
issued
pursuant
to
chapter
3,
22
title
36,
Idaho
Code,
suspended
for
a
period
of
one
(1)
year.
23
(iii)
Any
person
who
pleads
guilty
to
or
is
found
guilty
of
a
vio
-
24
lation
of
subsection
(2)
(b)
(c)
of
this
section,
who
previously
has
25
been
found
guilty
of
or
has
pled
guilty
to
two
(2)
or
more
viola
-
26
tions
of
the
provisions
of
subsection
(2)
of
this
section
within
27
ten
(10)
years,
notwithstanding
the
form
of
the
judgments
or
with
-
28
held
judgments,
is
guilty
of
a
felony
and:
29
1.
Shall
be
sentenced
to
the
custody
of
the
state
board
of
30
correction
for
a
period
of
no
less
than
one
(1)
year
and
no
31
more
than
five
(5)
years;
32
2.
Shall
be
fined
in
an
amount
no
less
than
fifteen
thou
-
33
sand
dollars
($15,000)
and
no
more
than
fifty
thousand
dol
-
34
lars
($50,000);
and
35
3.
If
the
trespass
can
be
reasonably
construed
to
have
been
36
committed
in
a
manner
described
in
section
36
-
1603(a),
Idaho
37
Code,
shall
have
any
license
issued
pursuant
to
chapter
3,
38
title
36,
Idaho
Code,
suspended
for
a
period
of
no
less
than
39
five
(5)
years.
40
(c)
In
addition
to
any
other
penalty
prescribed
by
law,
a
court
shall,
41
for
any
violation
of
subsection
(2)
of
this
section,
order
restitution
42
in
accordance
with
section
19
-
5304,
Idaho
Code.
43
(4)
Posting
of
navigable
streams
shall
not
prohibit
access
to
navigable
44
streams
below
the
high
-
water
mark
pursuant
to
section
36
-
1601,
Idaho
Code.
45
(5)
Subject
to
any
rights
or
authorities
described
in
subsection
(6)
of
46
this
section,
a
landowner
or
his
agent
may
revoke
permission
granted
under
47
this
section
to
another
to
enter
or
remain
upon
his
property
at
any
time,
for
48
any
reason,
orally,
in
writing,
or
by
any
other
form
of
notice
reasonably
ap
-
49
parent
to
the
permitted
person
or
persons.
50
5
(6)
A
person
shall
not
be
guilty
of
trespass
under
this
section
for
en
-
1
tering
or
remaining
upon
real
property
if
the
person
entered
or
remained
on
2
the
property
pursuant
to
any
of
the
following
rights
or
authorities:
3
(a)
An
established
right
of
entry
or
occupancy
of
the
real
property
in
4
question,
including,
but
not
limited
to:
5
(i)
An
invitation,
whether
express
or
implied,
to
enter
or
remain
6
on
real
property
including,
but
not
limited
to,
the
right
to
enter
7
property
that
is,
at
the
time,
open
to
the
public,
if
the
person
is
8
in
compliance
with
lawful
conditions
imposed
on
access;
9
(ii)
A
license
to
enter
or
remain
on
real
property;
or
10
(iii)
A
lease,
easement,
contract,
privilege
or
other
legal
right
1
1
to
enter,
remain
upon,
possess
or
use
the
real
property;
12
(b)
A
lawful
authority
to
enter
onto
or
remain
upon
the
real
property
in
13
question,
including,
but
not
limited
to:
14
(i)
Any
law
enforcement
officer
during
the
course
and
scope
of
15
fulfilling
his
lawful
duties;
16
(ii)
Any
paramedic,
firefighter
or
other
emergency
personnel
dur
-
17
ing
the
course
and
scope
of
fulfilling
his
lawful
duties;
or
18
(iii)
Any
licensed
professional
otherwise
authorized
to
enter
or
19
remain
on
the
real
property
during
the
course
and
scope
of
fulfill
-
20
ing
his
lawful
duties;
or
21
(c)
Any
other
person
with
a
legally
prescribed
right
to
enter
or
remain
22
upon
the
real
property
in
question.
23
(7)
Examples
of
the
exclusions
in
subsection
(6)
of
this
section
in
-
24
clude,
but
are
not
limited
to:
a
customer
entering
and
remaining
in
a
store
25
during
business
hours
who
has
not
been
asked
to
depart
by
the
property
owner
26
or
his
agent;
a
person
knocking
on
a
front
door
of
a
property
that
is
not
27
posted;
a
meter
reader
during
the
scope
and
course
of
his
employment;
a
28
postal
employee
delivering
mail
or
packages;
power
company
personnel
fixing
29
downed
power
lines;
a
bail
bondsman
arresting
a
person
who
is
in
violation
of
30
a
bail
contract;
a
tenant
pursuant
to
a
valid
lease;
and
the
owner
or
operator
31
of
any
right
-
of
-
way
or
easement
for
any
ditch,
canal
or
other
conduit,
acting
32
pursuant
to
the
provisions
of
chapter
11
or
chapter
12,
title
42,
Idaho
Code.
33
(8)
The
exclusions
set
forth
in
this
section
shall
not
relieve
any
per
-
34
son
of
civil
or
criminal
liability
pursuant
to
other
applicable
law
for
caus
-
35
ing
damage
while
entering
or
remaining
on
the
property
in
question.
36
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
37
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
38
July
1,
2026.
39